The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Goodyear
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
14 November 2016
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79557-79558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27275]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0107; Notice 1]
The 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: The Goodyear Tire & Rubber Company (Goodyear), has determined
that certain Goodyear tires do not fully comply with paragraph S6.5(f)
of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New pneumatic
tires for motor vehicles with a GVWR of more than 4,536 kilograms
(10,000 pounds) and motorcycles. Goodyear filed a report dated
September 27, 2016, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Goodyear then petitioned
NHTSA under 49 CFR part 556 for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is December 14,
2016.
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 in the title 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 Delivery: 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 https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
[[Page 79558]]
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their
implementing regulations 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 as it relates 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 381 Goodyear G182
RSD size 11R22.5 LR G commercial truck tires manufactured between July
3, 2016, and August 20, 2016.
III. Noncompliance: Goodyear explains that because the sidewall
markings on the reference side of the subject tires incorrectly
identify the number of plies as ``TREAD 4 PLIES STEEL CORD'' instead of
the correct labelling ``TREAD 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(f) of FMVSS No. 119 provides, 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 Petition: Goodyear described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, Goodyear submitted the following:
Goodyear believes this noncompliance is inconsequential to motor
vehicle safety because these tires were manufactured as designed and
meet or exceed all applicable Federal Motor Vehicles Safety performance
standards. All of the sidewall markings related to tire service (load
capacity, corresponding inflation pressure, etc.) are correct. Even
though the tires were labeled incorrectly as ``TREAD 4 PLIES STEEL
CORD'' on one side of the tires, the tires were manufactured with
``TREAD 5 PLIES STEEL CORD'', which is correctly marked on the opposite
tire sidewall. The mislabeling of these tires is not a safety concern
and also has no impact on the retreading and recycling industries. The
affected tire mold has already been corrected and all future production
will have the correct number of plies shown on both sidewalls.
Goodyear noted that NHTSA has previously granted petitions for the
same noncompliance related to tire construction information on tires
because of surveys that show most consumers do not base purchases on
tire construction information found on the tire sidewall.
Goodyear concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
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 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 tire
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. 2016-27275 Filed 11-10-16; 8:45 am]
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