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

Topics:  Goodyear

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
October 29, 2015

[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66612-66613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27611]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0052; Notice 2]


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

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

ACTION: Grant of petition.

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SUMMARY: Goodyear Tire & Rubber Company (Goodyear), has determined that 
certain Goodyear G316 LHT commercial truck trailer 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.

ADDRESSES: For further information on this decision contact Abraham 
Diaz, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5310, 
facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. Overview: 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 the Goodyear's petition was published, with a 
30-day public comment period, on June 11, 2015 in the Federal Register 
(80 FR 33336). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2015-0052.''
    II. Tires Involved: Affected are approximately 79 Goodyear G316 LHT 
size 295/75R22.5 LRG commercial truck trailer 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 this paragraph, 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 Arguments: 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 the subject noncompliance.
    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's Decision

    NHTSA's Analysis: Although tire construction affects a tire's 
strength and durability, neither the agency nor the tire industry 
provides information relating tire strength and durability to the 
number of plies and types of ply cord material in the tread and 
sidewall. Tire dealers and customers must therefore consider the tire 
construction information along with other information such as load 
capacity, maximum inflation pressure, and tread wear, temperature, and 
traction ratings, to assess performance capabilities of various tires.
    Therefore, the agency agrees with Goodyear's statement that the 
incorrect markings in this case do not present a safety concern. There 
is no effect of the noncompliance on the operational safety of vehicles 
on which these tires are mounted. In the agency's judgement, the 
incorrect labeling of the tire construction information in this 
instance will have an inconsequential effect on motor vehicle safety 
because most consumers do not base tire purchases or vehicle operation 
parameters on the number of tire plies. In addition, all of the 
sidewall markings related to tire service, such as load capacity and 
corresponding inflation pressure, are correct.
    Goodyear has also indicated that it has corrected the stamping 
problem that caused the noncompliance. NHTSA's Decision: In 
consideration of the foregoing, NHTSA has decided that Goodyear has met 
its burden of persuasion that the noncompliance described is 
inconsequential to motor vehicle safety. Accordingly, Goodyear's 
petition is hereby granted and Goodyear is exempted from the obligation 
of providing notification of, and remedy for the subject noncompliance.
    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,

[[Page 66613]]

purchasers, and dealers of a defect or noncompliance and to remedy the 
defect or noncompliance. Therefore, the decision only applies to the 
subject tires that Goodyear no longer controlled at the time it 
determined that the noncompliance existed. However, the granting of 
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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-27611 Filed 10-28-15; 8:45 am]
 BILLING CODE 4910-59-P