[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Notices]
[Pages 36472-36473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15431]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0080; 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 14,826 passenger car tires manufactured between
August of 2007 and May of 2009, do not fully comply with paragraph
S5.5(f) 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.
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\1\ Goodyear Tire and Rubber Company (Goodyear), a replacement
equipment manufacturer, is 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 14,826 sizes P195/55R15 84V and P225/
60R16 97H Goodyear brand Arizonian Silver Edition Plus model passenger
car tires manufactured between August of 2007 and May of 2009 at
Goodyear's plant located in Otrokovice, Czech Republic.
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 14,826 \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 14,826 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(f) 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 * *
*
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different * * *
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 actual number of plies in the tread area of
the tires as required by paragraph S5.5(f). Specifically, the tires in
question were inadvertently manufactured with ``Tread Plies: 2
Polyester + 2 steel.'' The labeling should have been ``Tread Plies: 2
Polyester + 1 polyamide + 2 steel.''
Goodyear also explains that while the noncompliant tires are
mislabeled ``the tires meet or exceed all applicable Federal Motor
Vehicle Safety Standards.''
Goodyear reported that this noncompliance was brought to their
attention during an audit of sidewall labeling.
Goodyear argues that this noncompliance is inconsequential to motor
vehicle safety because 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.
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.
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
[[Page 36473]]
New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is
open on weekdays from 10 am to 5 pm 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: July 26, 2010.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.50 and 501.8)
Issued on: June 21, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-15431 Filed 6-24-10; 8:45 am]
BILLING CODE 4910-59-P