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

American Government Special Collections Reference Desk

American Government Topics:  Goodyear

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

Jeffrey Giuseppe
National Highway Traffic Safety Administration
June 11, 2015


[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33336-33337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14257]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0052; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Goodyear Tire & Rubber Company (Goodyear), has determined that 
certain Goodyear G316 LHT commercial truck trailer replacement tires do 
not fully comply with paragraph S6.5(f) of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 119, New Pneumatic Radial Tires for motor vehicles 
with a GVWR of more than 4,536 Kilograms (10,000 pounds) and 
Motorcycles. Goodyear has filed an appropriate report dated April 27, 
2015, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

DATES: The closing date for comments on the petition is July 13, 2015.

ADDRESSES: 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 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments 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 (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.

SUPPLEMENTARY INFORMATION: 
    I. Goodyear's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Goodyear submitted a 
petition 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.
    II. Tires Involved: Affected are approximately 79 Goodyear G316 LHT 
size 295/75R22.5 commercial truck trailer replacement tires 
manufactured between March 22, 2015 and April 9, 2015.
    III. Noncompliance: Goodyear explains that because the sidewall 
markings on the reference side of the subject tires incorrectly 
identify the number of plies as ``4 Plies Steel Cord'' instead of the 
actual number ``5 Plies Steel Cord,'' the tires do not meet the 
requirements of paragraph S6.5(f) of FMVSS No. 119.
    IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 requires in 
pertinent part:

    S6.5 Tire Markings. Except as specified in paragraphs, each tire 
shall be marked on each sidewall with the information specified in 
paragraphs (a) through (j) of this section . . .
    (f) The actual number of plies and the composition of the ply 
cord material in the sidewall and, if different, in the tread area;

    V. Summary of Goodyear's Analyses: Goodyear stated its belief that 
the subject noncompliance is inconsequential to motor vehicle safety 
for the following reasons:

    (A) Goodyear stated that the subject tires were manufactured as 
designed and meet or exceed all applicable FMVSS performance 
standards.
    (B) Goodyear also stated that all of the sidewall markings 
related to tire service (load capacity, corresponding inflation 
pressure, etc.) are correct.
    (C) Goodyear believes that the mislabeling of the subject tires 
is not a safety concern and also has no impact on the retreading, 
repairing, and recycling industries.
    (D) Goodyear also pointed out that NHTSA has previously granted 
petitions for non-compliances in sidewall marking that it believes 
are similar to its petition.

    Goodyear additionally informed NHTSA that the molds at the 
manufacturing plant have been corrected so that no additional tires 
will be manufactured or sold with the noncompliance.
    In summation, Goodyear believes that the described noncompliance of 
the subject tires is inconsequential to motor vehicle safety, and that 
its petition, to exempt Goodyear 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 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

[[Page 33337]]

defect or noncompliance. Therefore, any decision on this petition only 
applies to the subject tires that Goodyear no longer controlled at the 
time it determined that the noncompliance existed. However, any 
decision on this petition does not relieve equipment distributors and 
dealers 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 notified them 
that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14257 Filed 6-10-15; 8:45 am]
BILLING CODE 4910-59-P

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