81_FR_79776 81 FR 79557 - The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance

81 FR 79557 - The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79557-79558
FR Document2016-27275

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.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016) 
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79557-79558]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 4910-59-P

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79557 from the date of issuance of the Because hours in which an OS/OW load decision that the subject noncompliance exemptions. The SC&RA exemption can travel are restricted by permit is inconsequential as it relates to motor from the Agency’s 30-minute rest break requirements, often those hours are in vehicle safety. requirement is limited to drivers of conflict with the timing of the required DATES: The closing date for comments specialized loads moving in interstate 30-minute rest break. A Notice of Final on the petition is December 14, 2016. commerce that exceed normal weight Determination granting the SC&RA ADDRESSES: Interested persons are and dimension limits—oversize/ exemption was published on June 18, invited to submit written data, views, overweight (OS/OW) loads—and require 2015 [80 FR 34957]. and arguments on this petition. a permit issued by a government The substance of the exemption is not Comments must refer to the docket and authority. The Agency previously affected by this extension. The notice number cited in the title of this determined that the drivers of exemption covers only the 30-minute notice and submitted by any of the specialized commercial motor vehicles rest break requirement [49 CFR following methods: (CMV) under this exemption would 395.3(a)(3)(ii)]. The exemption is • Mail: Send comments by mail likely achieve a level of safety restricted to drivers of specialized loads addressed to U.S. Department of equivalent to or greater than the level of moving in interstate commerce that Transportation, Docket Operations, M– safety that would be obtained in the exceed normal weight and dimensional 30, West Building Ground Floor, Room absence of the exemption. limits—OS/OW loads—and require a W12–140, 1200 New Jersey Avenue SE., DATES: This limited exemption is permit issued by a government Washington, DC 20590. effective from June 18, 2015, through authority. • Hand Delivery: Deliver comments June 17, 2020. The FMCSA does not believe the by hand to U.S. Department of FOR FURTHER INFORMATION CONTACT: Mr. safety record of any driver operating Transportation, Docket Operations, M– Thomas Yager, Chief, FMCSA Driver under this exemption will deteriorate. 30, West Building Ground Floor, Room and Carrier Operations Division; Office However, should deterioration in safety W12–140, 1200 New Jersey Avenue SE., of Carrier, Driver and Vehicle Safety occur, FMCSA will take all steps Washington, DC 20590. The Docket Standards; Telephone: 614–942–6477. necessary to protect the public interest, Section is open on weekdays from 10 Email: MCPSD@dot.gov. including revocation of the exemption. a.m. to 5 p.m. except Federal Holidays. The FMCSA has the authority to • Electronically: Submit comments SUPPLEMENTARY INFORMATION: terminate the exemption at any time the electronically by logging onto the Legal Basis Agency has the data/information to Federal Docket Management System FMCSA has authority under 49 U.S.C. conclude that safety is being (FDMS) Web site at https:// 31136(e) and 31315 to grant exemptions compromised. www.regulations.gov/. Follow the online from certain parts of the Federal Motor Issued on: November 3, 2016. instructions for submitting comments. Carrier Safety Regulations. FMCSA must T.F. Scott Darling, III, • Comments may also be faxed to publish a notice of each exemption Administrator. (202) 493–2251. request in the Federal Register [49 CFR [FR Doc. 2016–27267 Filed 11–10–16; 8:45 am] Comments must be written in the 381.315(a)]. BILLING CODE 4910–EX–P English language, and be no greater than Section 5206(b)(2)(A) of the FAST Act 15 pages in length, although there is no requires FMCSA to extend any limit to the length of necessary exemption from any provision of the DEPARTMENT OF TRANSPORTATION attachments to the comments. If HOS regulations under 49 CFR part 395 comments are submitted in hard copy that was in effect on the date of National Highway Traffic Safety form, please ensure that two copies are enactment of the Act for a period of 5 Administration provided. If you wish to receive years from the date the exemption was confirmation that comments you have [Docket No. NHTSA–2016–0107; Notice 1] submitted by mail were received, please granted. The exemption may be renewed. Because this action merely The Goodyear Tire & Rubber enclose a stamped, self-addressed implements a statutory mandate that Company, Receipt of Petition for postcard with the comments. Note that took effect on the date of enactment of Decision of Inconsequential all comments received will be posted the FAST Act, notice and comment are Noncompliance without change to https:// not required. www.regulations.gov, including any AGENCY: National Highway Traffic personal information provided. SC&RA Exemption Safety Administration (NHTSA), All comments and supporting The SC&RA, a trade association, Department of Transportation (DOT). materials received before the close of applied for a limited exemption from ACTION: Receipt of petition. business on the closing date indicated the mandatory rest break requirement of above will be filed in the docket and 49 CFR 395.3(a)(3)(ii) on behalf of all SUMMARY: The Goodyear Tire & Rubber will be considered. All comments and specialized carriers and drivers Company (Goodyear), has determined supporting materials received after the responsible for the transportation of that certain Goodyear tires do not fully closing date will also be filed and will loads exceeding standard legal weight comply with paragraph S6.5(f) of be considered to the fullest extent and dimensional limits—oversize/ Federal Motor Vehicle Safety Standard possible. overweight (OS/OW) loads—that require (FMVSS) No. 119, New pneumatic tires When the petition is granted or a permit issued by a government for motor vehicles with a GVWR of more denied, notice of the decision will also mstockstill on DSK3G9T082PROD with NOTICES authority. than 4,536 kilograms (10,000 pounds) be published in the Federal Register FMCSA reviewed SC&RA’s and motorcycles. Goodyear filed a pursuant to the authority indicated at application and the public comments report dated September 27, 2016, the end of this notice. and concluded that limiting the pursuant to 49 CFR part 573, Defect and All comments, background exemption to these OS/OW permitted Noncompliance Responsibility and documentation, and supporting loads would promote safety at least as Reports. Goodyear then petitioned materials submitted to the docket may effectively as the 30-minute break. NHTSA under 49 CFR part 556 for a be viewed by anyone at the address and VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

79558 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices times given above. The documents may corresponding inflation pressure, etc.) DEPARTMENT OF TRANSPORTATION also be viewed on the Internet at https:// are correct. Even though the tires were www.regulations.gov by following the labeled incorrectly as ‘‘TREAD 4 PLIES National Highway Traffic Safety online instructions for accessing the STEEL CORD’’ on one side of the tires, Administration dockets. The docket ID number for this the tires were manufactured with [Docket No. NHTSA–2016–0092; Notice 1] petition is shown in the heading of this ‘‘TREAD 5 PLIES STEEL CORD’’, which notice. is correctly marked on the opposite tire Mercedes-Benz USA, LLC, Receipt of DOT’s complete Privacy Act sidewall. The mislabeling of these tires Petition for Decision of Statement is available for review in a is not a safety concern and also has no Inconsequential Noncompliance Federal Register notice published on impact on the retreading and recycling April 11, 2000, (65 FR 19477–78). AGENCY: National Highway Traffic industries. The affected tire mold has Safety Administration (NHTSA), SUPPLEMENTARY INFORMATION: already been corrected and all future Department of Transportation (DOT). I. Overview: Pursuant to 49 U.S.C. production will have the correct number ACTION: Receipt of petition. 30118(d) and 30120(h) and their implementing regulations at 49 CFR part of plies shown on both sidewalls. SUMMARY: Mercedes-Benz USA, LLC 556, Goodyear submitted a petition for Goodyear noted that NHTSA has (MBUSA), has determined that certain an exemption from the notification and previously granted petitions for the model year (MY) 2016 Mercedes GL- remedy requirements of 49 U.S.C. same noncompliance related to tire Class multipurpose passenger vehicles Chapter 301 on the basis that this construction information on tires do not fully comply with paragraph noncompliance is inconsequential as it because of surveys that show most S4.3(d) of Federal Motor Vehicle Safety relates to motor vehicle safety. consumers do not base purchases on tire Standard (FMVSS) No. 110, Tire This notice of receipt of Goodyear’s construction information found on the Selection and Rims and Motor Home/ petition is published under 49 U.S.C. tire sidewall. Recreation Vehicle Trailer Load 30118 and 30120 and does not represent Goodyear concluded by expressing Carrying Capacity Information for Motor any agency decision or other exercise of the belief that the subject Vehicles with a GVWR of 4,536 judgment concerning the merits of the noncompliance is inconsequential as it kilograms (10,000 pounds) or Less. petition. II. Tires Involved: Affected are relates to motor vehicle safety, and that MBUSA filed a report dated August 12, approximately 381 Goodyear G182 RSD its petition to be exempted from 2016, and amended it on August 29, size 11R22.5 LR G commercial truck providing notification of the 2016, pursuant to 49 CFR part 573, tires manufactured between July 3, noncompliance, as required by 49 Defect and Noncompliance 2016, and August 20, 2016. U.S.C. 30118, and a remedy for the Responsibility and Reports. MBUSA III. Noncompliance: Goodyear noncompliance, as required by 49 then petitioned NHTSA under 49 CFR explains that because the sidewall part 556 for a decision that the subject U.S.C. 30120, should be granted. markings on the reference side of the noncompliance is inconsequential as it NHTSA notes that the statutory relates to motor vehicle safety. subject tires incorrectly identify the provisions (49 U.S.C. 30118(d) and DATES: The closing date for comments number of plies as ‘‘TREAD 4 PLIES 30120(h)) that permit manufacturers to on the petition is December 14, 2016. STEEL CORD’’ instead of the correct file petitions for a determination of ADDRESSES: Interested persons are labelling ‘‘TREAD 5 PLIES STEEL CORD,’’ the tires do not meet the inconsequentiality allow NHTSA to invited to submit written data, views, requirements of paragraph S6.5(f) of exempt manufacturers only from the and arguments on this petition. FMVSS No. 119. duties found in sections 30118 and Comments must refer to the docket and IV. Rule Text: Paragraph S6.5(f) of 30120, respectively, to notify owners, notice number cited in the title of this FMVSS No. 119 provides, in pertinent purchasers, and dealers of a defect or notice and be submitted by any of the part: noncompliance and to remedy the following methods: S6.5 Tire markings. Except as specified in defect or noncompliance. Therefore, any • Mail: Send comments by mail this paragraph, each tire shall be marked on decision on this petition only applies to addressed to U.S. Department of each sidewall with the information specified the subject tires that Goodyear no longer Transportation, Docket Operations, M– in paragraphs (a) through (j) of this section controlled at the time it determined that 30, West Building Ground Floor, Room . . . the noncompliance existed. However, W12–140, 1200 New Jersey Avenue SE., (f) The actual number of plies and the any decision on this petition does not Washington, DC 20590. composition of the ply cord material in the relieve tire distributors and dealers of • Hand Deliver: Deliver comments by sidewall and, if different, in the tread area; hand to U.S. Department of . . . the prohibitions on the sale, offer for sale, or introduction or delivery for Transportation, Docket Operations, M– V. Summary of Goodyear’s Petition: 30, West Building Ground Floor, Room introduction into interstate commerce of Goodyear described the subject W12–140, 1200 New Jersey Avenue SE., noncompliance and stated its belief that the noncompliant tires under their Washington, DC 20590. The Docket the noncompliance is inconsequential control after Goodyear notified them Section is open on weekdays from 10 as it relates to motor vehicle safety. that the subject noncompliance existed. a.m. to 5 p.m. except Federal Holidays. In support of its petition, Goodyear Authority: 49 U.S.C. 30118, 30120: • Electronically: Submit comments submitted the following: Delegations of authority at 49 CFR 1.95 and electronically by logging onto the Goodyear believes this mstockstill on DSK3G9T082PROD with NOTICES 501.8. Federal Docket Management System noncompliance is inconsequential to (FDMS) Web site at https:// motor vehicle safety because these tires Jeffrey M. Giuseppe, www.regulations.gov/. Follow the online were manufactured as designed and Director, Office of Vehicle Safety Compliance. instructions for submitting comments. meet or exceed all applicable Federal [FR Doc. 2016–27275 Filed 11–10–16; 8:45 am] • Comments may also be faxed to Motor Vehicles Safety performance BILLING CODE 4910–59–P (202) 493–2251. standards. All of the sidewall markings Comments must be written in the related to tire service (load capacity, English language, and be no greater than VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1


Document Created: 2018-10-24 10:46:20
Document Modified: 2018-10-24 10:46:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is December 14, 2016.
FR Citation81 FR 79557 
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