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

Topics:  Goodyear

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
17 April 2017

[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18210-18211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07615]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0107; Notice 2]


The 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: The Goodyear Tire & Rubber Company (Goodyear), has determined 
that certain Goodyear tires do not fully comply with 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 noncompliance report dated September 27, 
2016. Goodyear then petitioned NHTSA on September 27, 2016, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety.

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

SUPPLEMENTARY INFORMATION: 
    I. Overview: 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 
noncompliance report dated September 27, 2016, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports. Goodyear then 
petitioned NHTSA on September 27, 2016, pursuant to 49 U.S.C. 30118(d) 
and 30120(h) and their implementing regulations at 49 CFR part 556, 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on November 14, 2016 in the Federal Register (81 
FR 79557). 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-2016-0107.''
    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 labeling ``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's Decision:
    NHTSA's Analysis: The agency agrees with Goodyear that the 
noncompliance is inconsequential to motor vehicle safety. The agency 
believes that one measure of inconsequentiality to motor vehicle safety 
is that there is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted. Another measure of 
inconsequentiality which is relevant to this petition is the safety of 
people working in the tire retread, repair and recycling industries.
    Although tire construction affects the strength and durability of 
tires, 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 sidewall. Therefore, tire dealers and 
customers should consider the tire construction information along with 
other information such as the load capacity, maximum inflation 
pressure, and tread wear, temperature, and traction ratings, to assess 
performance capabilities of various tires. In the agency's judgement, 
the incorrect labeling of the tire construction information 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 plies in a tire.
    The agency also believes the noncompliance will have no measureable 
effect on the safety of the tire retread, repair, and recycling 
industries. The use of steel cord construction in the sidewall and 
tread is the primary safety concern of these industries. In this case, 
because of the sidewall marking indicate that some

[[Page 18211]]

steel plies exist in the tire sidewall, this potential safety concern 
does not exist.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that Goodyear has met its burden of persuasion that the subject FMVSS 
No. 119 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, Goodyear's petition is hereby granted and 
Goodyear is consequently exempted from the obligation of providing 
notification of, and a free remedy for, that noncompliance under 49 
U.S.C. 30118 and 30120.
    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, this 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 from 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 exists.

    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. 2017-07615 Filed 4-14-17; 8:45 am]
BILLING CODE 4910-59-P