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

Topics:  Goodyear

Claude H. Harris
National Highway Traffic Safety Administration
September 3, 2013

[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Notices]
[Pages 54369-54370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21307]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0107; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Petition Mootness.

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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\ The Goodyear Tire & Rubber Company is a manufacturer of 
tires 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. Notice of receipt of Goodyear's petition was published, 
with a 30-day public comment period, on December 3, 2012, in the 
Federal Register (77 FR 71678). One comment was received from Goodyear 
stating that after further review it now believes that it filed the 
petition in error because the described condition is not a

[[Page 54370]]

noncompliance. To view the petition and all supporting documents log 
onto the Federal Docket Management System Web site at: http://www.regulations.gov/. Then follow the online search instructions to 
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locate docket number ``NHTSA-2012-0107.''

FOR FURTHER INFORMATION CONTACT: For further information on this 
decision, contact Mr. Abraham Diaz, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202)366-5310, facsimile (202) 366-7002.
    Tires 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.
    Summary of Goodyear's Analyses: Goodyear's original analysis 
contended that there was a noncompliance with 49 CFR 571.139 paragraph 
S5.5(c)&(d) because the subject tires were labeled ``LR-E/Max Load 3415 
lbs Max Pressure 80 psi'' instead of Goodyear's intended label ``LR-C/
Max Load 2535 lbs Max Pressure 50 psi.''
    Goodyear also asserted that the perceived noncompliance was 
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[hellip]) 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 the comment that Goodyear posted to the petition docket, it 
contends that after further research that it now believes that a 
noncompliance does not exist.
    In summation, Goodyear now states that its original determination 
that there is a noncompliance in the subject tires as described in the 
subject petition was in error 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 was unnecessary.
    NHTSA Decision: Inconsequential noncompliance petitions filed under 
49 CFR Part 556 are valid only in situations where there is a 
noncompliance with a Federal motor vehicle safety standard (FMVSS.) In 
its comment to the petition docket Goodyear explained that it now 
believes that the described condition is not a noncompliance. Based on 
Goodyear's description of the subject tire labeling issue NHTSA has 
determined that, while Goodyear may not have labeled the tires as it 
originally intended, the tire sidewall labeling issue described in the 
subject petition is not a noncompliance with FMVSS No. 139 because the 
tire as labeled conforms to all applicable labeling and performance 
requirements of FMVSS No. 139. Therefore, this petition is moot and no 
further action on the petition is warranted.

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

    Issued on: August 27, 2013.
Claude H. Harris,
 Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-21307 Filed 8-30-13; 8:45 am]
BILLING CODE 4910-59-P