Goodyear Tire and Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance

Goodyear Tire and Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Topics: Goodyear
Goodyear Tire and Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Claude H. Harris
National Highway Traffic Safety Administration
Federal Register
March 18, 2011
[Federal Register: March 18, 2011 (Volume 76, Number 53)]
[Notices]               
[Page 15045-15046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr11-155]                         


[[Page 15045]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0033; Notice 1]

 
Goodyear Tire and Rubber Company, Receipt of Petition for 
Decision of Inconsequential Noncompliance

    Goodyear Tire and Rubber Company, (Goodyear),\1\ has determined 
that approximately 26,224 Goodyear Assurance ComforTred Touring 
passenger replacement car tires manufactured between January 4, 2010 
and September 11, 2010, do not fully comply with paragraph S5.5(e) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic 
Radial Tires for Light Vehicles. Goodyear has filed an appropriate 
report pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports, dated December 16, 2010.
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    \1\ Goodyear Tire and Rubber Company (Goodyear) is a replacement 
equipment manufacturer incorporated in the state of Ohio.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Goodyear has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of Goodyear's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 26,224 Goodyear Assurance ComforTred 
Touring passenger car replacement tires, size 215/70R15 that were 
manufactured between January 4, 2010 and September 11, 2010.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, these provisions 
only apply to the 26,224 \2\ tires that have already passed from the 
manufacturer to an owner, purchaser, or dealer.
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    \2\ Goodyear's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Goodyear as a replacement 
equipment manufacturer from the notification and recall 
responsibilities of 49 CFR part 573 for 26,224 of the affected 
tires. However, the agency cannot relieve Goodyear distributors of 
the prohibitions on the sale, offer for sale, or introduction or 
delivery for introduction into interstate commerce of the 
noncompliant tires under their control after Goodyear recognized 
that the subject noncompliance existed. Those tires must be brought 
into conformance, exported, or destroyed.
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    Paragraph S5.5(e) of FMVSS No. 139 require in pertinent part:

    S5.5 Tire markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard. The markings 
must be placed between the maximum section width and the bead on at 
least one sidewall, unless the maximum section width of the tire is 
located in an area that is not more than one-fourth of the distance 
from the bead to the shoulder of the tire. If the maximum section 
width falls within that area, those markings must appear between the 
bead and a point one-half the distance from the bead to the shoulder 
of the tire, on at least one sidewall. The markings must be in 
letters and numerals not less than 0.078 inches high and raised 
above or sunk below the tire surface not less than 0.015 inches * * 
*

    (e) The generic name of each cord material used in the plies 
(both side-wall and tread area) of the tire; * * *

    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of the tires 
incorrectly describes the generic name of the cord material in the 
tread area of the tires as required by paragraph S5.5(e). Specifically, 
the tires in question were inadvertently manufactured with ``Tread: 1 
Polyester Cord + 2 Steel Cords + 1 Polyester Cord. The labeling should 
have been ``Tread: 1 Polyester Cord + 2 Steel Cords + 1 Nylon Cord.''
    Goodyear argues that this noncompliance is inconsequential to motor 
vehicle safety because while the non-compliant tires are mislabeled 
they meet or exceed all applicable Federal Motor Vehicle Safety 
Standards, the noncompliant sidewall marking does not create an unsafe 
condition, and all other labeling requirements have been met.
    Goodyear points out that NHTSA has previously granted similar 
petitions for non-compliances in sidewall marking.
    Goodyear additionally states that it has corrected the affected 
tire molds and all future production will have the correct material 
shown on the sidewall.
    In summation, Goodyear believes that the described noncompliance of 
its tires to meet the requirements of FMVSS No. 139 is inconsequential 
to motor vehicle safety, and that its petition, to exempt from 
providing recall notification of noncompliance as required by 49 U.S.C. 
30118 and remedying the recall noncompliance as required by 49 U.S.C. 
30120, and should be granted.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: April 18, 2011.


[[Page 15046]]


    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: March 14, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-6380 Filed 3-17-11; 8:45 am]
BILLING CODE 4910-59-P