The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Goodyear
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Claude H. Harris
National Highway Traffic Safety Administration
December 3, 2012
[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71678-71679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29142]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0107; Notice 1]
The Goodyear Tire & Rubber Company, Receipt of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of petition.
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SUMMARY: The Goodyear Tire & Rubber Company (GOODYEAR),\1\ has
determined that certain Goodyear brand tires manufactured between April
8, 2012 and May 12, 2012, do not fully comply with paragraph
S5.5(c)&(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139,
New Pneumatic Radial Tires for Light Vehicles. Goodyear has filed an
appropriate report dated July 20, 2012, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports.
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\1\ Goodyear Tire & Rubber Company, is a manufacturer of
replacement equipment and is registered under the laws of 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 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.
Vehicles Involved: Affected are approximately 1,692 Goodyear
Wrangler AT/S, size LT 275/65R18 brand tires manufactured between April
8, 2012, and May 12, 2012 at its plant in Gadsden, Alabama.
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 subject 1,692 \2\ tires that Goodyear no longer
controlled at the time it determined that the noncompliance existed.
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\2\ Goodyear's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt Goodyear as an equipment
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for the 1,692 affected tires. However, a decision on
this petition will not relieve vehicle distributors and dealers of
the prohibitions on the sale, offer for sale, introduction or
delivery for introduction into interstate commerce of the
noncompliant vehicles under their control after Goodyear notified
them that the subject noncompliance existed.
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Noncompliance: Goodyear explains that the noncompliance is that,
due to a mold labeling error, the subject tires are incorrectly labeled
as LR-E/Max Load 3415 lbs Max Pressure 80 psi when they should have
been labeled as LR-CE/Max Load 2535 lbs Max Pressure 50 psi and thus do
not conform to the requirements of 49 CFR 571.139 paragraph
S5.5(c)&(d).
Rule Text: Paragraph S5.5 of FMVSS No. 139 requires 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 side-
wall 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 that 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 * * *
(c) The maximum permissible inflation pressure, subject to the
limitations of S5.5.4 through S5.5.6 of this standard;
(d) The maximum load rating and for LT tire, the letter
designating the tire load range * * *
Summary of Goodyear's Analysis and Arguments:
Goodyear believes that while the noncompliant tires incorrectly
state the load range as required by FMVSS No. 139, it is
inconsequential as it relates to motor vehicle safety for the following
reasons:
1. The subject tires meet or exceed all applicable FMVSS
performance standards for a tire labeled as either load range ``E'' or
``C''.
2. All other markings related to tire service (load capacity,
corresponding inflation pressure, etc. * * *) are also correct for the
mislabeled tires.
3. The subject tires are identical to the intended LR-C tire with
the exception of the sidewall labeling, and therefore, do not present a
safety concern.
Goodyear has additionally informed NHTSA that it has corrected
future production and that all other tire labeling information is
correct.
In summation, Goodyear believes that the described noncompliance of
its tires is inconsequential to motor vehicle safety, and that its
petition, to exempt it 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.
Comments: 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
[[Page 71679]]
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: 2 January 2013.
Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.95 and 501.8.
Issued on: November 28, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-29142 Filed 11-30-12; 8:45 am]
BILLING CODE 4910-59-P