80 FR 66612 - Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 209 (October 29, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 209 (October 29, 2015)
| Page Range | 66612-66613 | |
| FR Document | 2015-27611 |
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)] [Notices] [Pages 66612-66613] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27611] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![66612 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices
Public Comments Invited: You are exemption from the notification and corrected so that no additional tires will
asked to comment on any aspect of this remedy requirements of 49 U.S.C. be manufactured or sold with the
information collection, including (a) Chapter 301 on the basis that this noncompliance.
Whether the proposed collection of noncompliance is inconsequential to In summation, Goodyear believes that
information is necessary for the motor vehicle safety. the described noncompliance of the
Department’s performance; (b) the Notice of receipt of the Goodyear’s subject tires is inconsequential to motor
accuracy of the estimated burden; (c) petition was published, with a 30-day vehicle safety, and that its petition, to
ways for the Department to enhance the public comment period, on June 11, exempt Goodyear from providing recall
quality, utility and clarity of the 2015 in the Federal Register (80 FR notification of noncompliance as
information collection; and (d) ways 33336). No comments were received. To required by 49 U.S.C. 30118 and
that the burden could be minimized view the petition and all supporting remedying the recall noncompliance as
without reducing the quality of the documents log onto the Federal Docket required by 49 U.S.C. 30120 should be
collected information. The agency will Management System (FDMS) Web site granted.
summarize and/or include your at: http://www.regulations.gov/. Then NHTSA’s Decision
comments in the request for OMB’s follow the online search instructions to
clearance of this information collection. locate docket number ‘‘NHTSA–2015– NHTSA’s Analysis: Although tire
0052.’’ construction affects a tire’s strength and
Authority: The Paperwork Reduction Act
II. Tires Involved: Affected are durability, neither the agency nor the
of 1995, 44. U.S.C. Chapter 35, as amended;
5 CFR part 1320; and 49 CFR 1.95. approximately 79 Goodyear G316 LHT tire industry provides information
size 295/75R22.5 LRG commercial truck relating tire strength and durability to
Nathaniel Beuse, the number of plies and types of ply
trailer tires manufactured between
Associate Administrator for Vehicle Safety March 22, 2015 and April 9, 2015. cord material in the tread and sidewall.
Research. Tire dealers and customers must
III. Noncompliance: Goodyear
[FR Doc. 2015–27480 Filed 10–28–15; 8:45 am] explains that because the sidewall therefore consider the tire construction
BILLING CODE 4910–59–P markings on the reference side of the information along with other
subject tires incorrectly identify the information such as load capacity,
number of plies as ‘‘4 Plies Steel Cord’’ maximum inflation pressure, and tread
DEPARTMENT OF TRANSPORTATION instead of the actual number ‘‘5 Plies wear, temperature, and traction ratings,
Steel Cord,’’ the tires do not meet the to assess performance capabilities of
National Highway Traffic Safety various tires.
Administration requirements of paragraph S6.5(f) of
FMVSS No. 119. Therefore, the agency agrees with
[Docket No. NHTSA–2015–0052; Notice 2] IV. Rule Text: Paragraph S6.5 of Goodyear’s statement that the incorrect
FMVSS No. 119 requires in pertinent markings in this case do not present a
Goodyear Tire & Rubber Company, part: safety concern. There is no effect of the
Grant of Petition for Decision of noncompliance on the operational
Inconsequential Noncompliance S6.5 Tire markings. Except as specified in safety of vehicles on which these tires
this paragraph, each tire shall be marked on
are mounted. In the agency’s judgement,
AGENCY: National Highway Traffic each sidewall with the information specified
in paragraphs (a) through (j) of this the incorrect labeling of the tire
Safety Administration (NHTSA),
section. . . . construction information in this
Department of Transportation (DOT).
(f) The actual number of plies and the instance will have an inconsequential
ACTION: Grant of petition. effect on motor vehicle safety because
composition of the ply cord material in the
SUMMARY: Goodyear Tire & Rubber sidewall and, if different, in the tread most consumers do not base tire
area; . . . purchases or vehicle operation
Company (Goodyear), has determined
that certain Goodyear G316 LHT V. Summary of Goodyear’s parameters on the number of tire plies.
commercial truck trailer tires do not Arguments: Goodyear stated its belief In addition, all of the sidewall markings
fully comply with paragraph S6.5(f) of that the subject noncompliance is related to tire service, such as load
Federal Motor Vehicle Safety Standard inconsequential to motor vehicle safety capacity and corresponding inflation
(FMVSS) No. 119, New Pneumatic for the following reasons: pressure, are correct.
Radial Tires for motor vehicles with a (A) Goodyear stated that the subject Goodyear has also indicated that it
GVWR of more than 4,536 Kilograms tires were manufactured as designed has corrected the stamping problem that
(10,000 pounds) and Motorcycles. and meet or exceed all applicable caused the noncompliance. NHTSA’s
Goodyear has filed an appropriate report FMVSS performance standards. Decision: In consideration of the
dated April 27, 2015, pursuant to 49 (B) Goodyear also stated that all of the foregoing, NHTSA has decided that
CFR part 573, Defect and sidewall markings related to tire service Goodyear has met its burden of
Noncompliance Responsibility and (load capacity, corresponding inflation persuasion that the noncompliance
Reports. pressure, etc.) are correct. described is inconsequential to motor
(C) Goodyear believes that the vehicle safety. Accordingly, Goodyear’s
ADDRESSES: For further information on petition is hereby granted and Goodyear
mislabeling of the subject tires is not a
this decision contact Abraham Diaz, safety concern and also has no impact is exempted from the obligation of
Office of Vehicles Safety Compliance, on the retreading, repairing, and providing notification of, and remedy
the National Highway Traffic Safety for the subject noncompliance.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
recycling industries.
Administration (NHTSA), telephone (D) Goodyear also pointed out that NHTSA notes that the statutory
(202) 366–5310, facsimile (202) 366– NHTSA has previously granted petitions provisions (49 U.S.C. 30118(d) and
5930. for non-compliances in sidewall 30120(h)) that permit manufacturers to
SUPPLEMENTARY INFORMATION: marking that it believes are similar to file petitions for a determination of
I. Overview: Pursuant to 49 U.S.C. the subject noncompliance. inconsequentiality allow NHTSA to
30118(d) and 30120(h) (see Goodyear additionally informed exempt manufacturers only from the
implementing rule at 49 CFR part 556), NHTSA that the molds at the duties found in sections 30118 and
Goodyear submitted a petition for an manufacturing plant have been 30120, respectively, to notify owners,
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![Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices 66613
purchasers, and dealers of a defect or • Hand Deliver: Deliver comments by II. Tires Involved: Affected are
noncompliance and to remedy the hand to: U.S. Department of approximately 3,627 Continental Tire
defect or noncompliance. Therefore, the Transportation, Docket Operations, M– CST 17 size T125/70R17 98M temporary
decision only applies to the subject tires 30, West Building Ground Floor, Room spare tires sold to General Motors and
that Goodyear no longer controlled at W12–140, 1200 New Jersey Avenue SE, also in small quantities in the
the time it determined that the Washington, DC 20590. The Docket replacement market. These tires were
noncompliance existed. However, the Section is open on weekdays from 10 manufactured between March 18, 2012
granting of this petition does not relieve a.m. to 5 p.m. except Federal Holidays. and April 11, 2015.
equipment distributors and dealers of • Electronically: Submit comments III. Noncompliance: CTA explains
the prohibitions on the sale, offer for electronically by: logging onto the that the noncompliance is that the tire
sale, or introduction or delivery for Federal Docket Management System size designation markings on the
introduction into interstate commerce of (FDMS) Web site at http:// sidewalls of the subject tires do not
the noncompliant tires under their www.regulations.gov/. Follow the online contain the tire type code designator
control after Goodyear notified them instructions for submitting comments. symbol from The Tire and Rim
that the subject noncompliance existed. Comments may also be faxed to (202) Association yearbook as required by
493–2251. paragraph S4.3(a) of FMVSS No. 109.
Authority: 49 U.S.C. 30118, 30120: Comments must be written in the
Delegations of authority at 49 CFR 1.95 and Specifically, the subject tire size reads
501.8.
English language, and be no greater than ‘‘125/70R17 98M’’ but should read
15 pages in length, although there is no ‘‘T125/70R17 98M’’ indicating the tire is
Jeffrey M. Giuseppe, limit to the length of necessary a spare tire and for temporary use.
Director, Office of Vehicle Safety Compliance. attachments to the comments. If IV. Rule Text: Paragraph S4.3(a) of
[FR Doc. 2015–27611 Filed 10–28–15; 8:45 am] comments are submitted in hard copy FMVSS No. 109 requires in pertinent
BILLING CODE 4910–59–P form, please ensure that two copies are part:
provided. If you wish to receive
S4.3 Labeling Requirements. Except as
confirmation that your comments were provided in S4.3.1 and S4.3.2 of this
DEPARTMENT OF TRANSPORTATION received, please enclose a stamped, self- standard, each tire, except for those certified
addressed postcard with the comments. to comply with S5.5 of § 571.139, shall have
National Highway Traffic Safety Note that all comments received will be permanently molded into or onto both
Administration posted without change to http:// sidewalls, in letters and numerals not less
www.regulations.gov, including any than 0.078 inches high, the information
[Docket No. NHTSA–2015–0098; Notice 1] personal information provided. shown in paragraphs S4.3(a) through (g) of
Documents submitted to a docket may this standard. On at least one sidewall, the
Continental Tire the Americas, LLC, be viewed by anyone at the address and information shall be positioned in an area
Receipt of Petition for Decision of between the maximum section width and
times given above. The documents may bead of the tire, unless the maximum section
Inconsequential Noncompliance also be viewed on the Internet at width of the tire falls between the bead and
AGENCY: National Highway Traffic http://www.regulations.gov by following one-fourth of the distance from the bead to
Safety Administration (NHTSA), the online instructions for accessing the the shoulder of the tire . . .
Department of Transportation (DOT). dockets. DOT’s complete Privacy Act (a) One size designation, except that
Statement is available for review in the equivalent inch and metric size designations
ACTION: Receipt of petition. may be used; . . .
Federal Register published on April 11,
SUMMARY: Continental Tire the 2000, (65 FR 19477–78). V. Summary of CTA’s Analyses: CTA
Americas, LLC (CTA), has determined The petition, supporting materials, stated that the only missing marking on
that certain Continental Tire T-type and all comments received before the the sidewalls of the affected tires is the
spare tires do not fully comply with close of business on the closing date letter ‘‘T’’ as part of the size designation.
paragraph S4.3(a) of Federal Motor indicated above will be filed and will be CTA also stated its belief that the
Vehicle Safety Standard (FMVSS) No. considered. All comments and omission of the tire size designation
109, New Pneumatic and Certain supporting materials received after the markings has no impact on the
Specialty Tires. CTA has filed an closing date will also be filed and will operational performance or durability of
appropriate report dated August 25, be considered to the extent possible. these tires or on the safety of vehicles
2015 and amended on October 1, 2015, When the petition is granted or denied, on which these tires may be mounted
pursuant to 49 CFR part 573, Defect and notice of the decision will be published and that the affected tires cannot be
Noncompliance Responsibility and in the Federal Register pursuant to the confused with normal P-metric or
Reports. authority indicated below. metric passenger tires for the following
SUPPLEMENTARY INFORMATION: reasons:
DATES: The closing date for comments I. Overview: Pursuant to 49 U.S.C. 1. Both sidewalls of the affected tires
on the petition is November 30, 2015. 30118(d) and 30120(h) (see have permanently molded letters that
ADDRESSES: Interested persons are implementing rule at 49 CFR part 556), are 1⁄2 inch tall with the words
invited to submit written data, views, CTA submitted a petition for an ‘‘TEMPORARY USE ONLY.’’
and arguments on this petition. exemption from the notification and 2. Both sidewalls of the affected tires
Comments must refer to the docket and remedy requirements of 49 U.S.C. have permanently molded letters and
notice number cited at the beginning of Chapter 301 on the basis that this numerals that are 1⁄2 inch tall with the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
this notice and submitted by any of the noncompliance is inconsequential to words ‘‘INFLATE TO 420KPA (60PSI),’’
following methods: motor vehicle safety. as required by section S4.3.5 of FMVSS
• Mail: Send comments by mail This notice of receipt of CTA’s No. 109.
addressed to: U.S. Department of petition is published under 49 U.S.C. 3. The affected tires are intended as a
Transportation, Docket Operations, M– 30118 and 30120 and does not represent spare tire for the Chevy Impala, which
30, West Building Ground Floor, Room any agency decision or other exercise of is equipped with four ground tires of
W12–140, 1200 New Jersey Avenue SE, judgment concerning the merits of the size P235[/]55R17 98W. Thus, the
Washington, DC 20590. petition. ground tires are significantly different in
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Document Created: 2015-12-14 15:21:41
Document Modified: 2015-12-14 15:21:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition. | |
| FR Citation | 80 FR 66612 |
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