82 FR 18210 - The Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 72 (April 17, 2017)

Page Range		18210-18211
FR Document		2017-07615

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.

Federal Register, Volume 82 Issue 72 (Monday, April 17, 2017)

[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18210-18211]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices 18211

steel plies exist in the tire sidewall, this DATES: OFAC’s actions described in this DEPARTMENT OF THE TREASURY
potential safety concern does not exist. notice were effective on April 12, 2017.
NHTSA’s Decision: In consideration Office of Foreign Assets Control
of the foregoing, NHTSA finds that FOR FURTHER INFORMATION CONTACT: The
Goodyear has met its burden of Department of the Treasury’s Office of Unblocking of Specially Designated
persuasion that the subject FMVSS No. Foreign Assets Control: Assistant Nationals and Blocked Persons
119 noncompliance in the affected tires Director for Licensing, tel.: 202–622– Pursuant to Executive Order 13391
is inconsequential to motor vehicle 2480, Assistant Director for Regulatory
safety. Accordingly, Goodyear’s petition Affairs, tel.: 202–622–4855, Assistant AGENCY: Office of Foreign Assets
is hereby granted and Goodyear is Director for Sanctions Compliance & Control, Treasury.
consequently exempted from the Evaluation, tel.: 202–622–2490; or the
Department of the Treasury’s Office of ACTION: Notice.
obligation of providing notification of,
and a free remedy for, that the Chief Counsel (Foreign Assets
noncompliance under 49 U.S.C. 30118 Control), Office of the General Counsel, SUMMARY: The Treasury Department’s
and 30120. tel.: 202–622–2410. Office of Foreign Assets Control (OFAC)
NHTSA notes that the statutory is publishing the name of one
SUPPLEMENTARY INFORMATION: individual whose property and interests
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to Electronic Availability in property has been unblocked
file petitions for a determination of pursuant to Executive Order 13391 of
inconsequentiality allow NHTSA to The SDN List and additional November 22, 2005, ‘‘Blocking Property
exempt manufacturers only from the information concerning OFAC sanctions of Additional Persons Undermining
duties found in sections 30118 and programs are available from OFAC’s Democratic Processes or Institutions in
30120, respectively, to notify owners, Web site (www.treasury.gov/ofac). Zimbabwe.’’
purchasers, and dealers of a defect or Notice of OFAC Actions DATES: OFAC’s actions described in this
noncompliance and to remedy the
notice are effective as of April 12, 2017.
defect or noncompliance. Therefore, this On April 12, 2017, OFAC blocked the
decision only applies to the subject tires property and interests in property of the FOR FURTHER INFORMATION CONTACT:
that Goodyear no longer controlled at following individuals pursuant to E.O. Associate Director for Global Targeting,
the time it determined that the 13667, ‘‘Blocking Property of Certain tel.: 202/622–2420, Assistant Director
noncompliance existed. However, the Persons Contributing to the Conflict in for Sanctions Compliance & Evaluation,
granting of this petition does not relieve the Central African Republic’’: tel.: 202/622–2490, Assistant Director
equipment distributors and dealers from 1. HISSENE, Abdoulaye (a.k.a. ABDOULAYE, for Licensing, tel.: 202/622–2480, Office
the prohibitions on the sale, offer for Hissene; a.k.a. ABDOULAYE, Issene; a.k.a. of Foreign Assets Control, or Chief
sale, or introduction or delivery for HISSEIN, Abdoulaye; a.k.a. ISSENE, Counsel (Foreign Assets Control), tel.:
introduction into interstate commerce of Abdoulaye (Latin: ISSÈNE., Abdoulaye); 202/622–2410 (not toll free numbers).
the noncompliant tires under their a.k.a. RAMADANE, Abdoulaye Issene
control after Goodyear notified them SUPPLEMENTARY INFORMATION:
(Latin: RAMADANE, Abdoulaye Issène)),
that the subject noncompliance exists. KM5, Bangui, Central African Republic; Electronic Availability
Authority: (49 U.S.C. 30118, 30120: Ndele, Bamingui-Bangoran Prefecture,
delegations of authority at 49 CFR 1.95 and Central African Republic; DOB 1967; POB The SDN List and additional
501.8) Ndele, Bamingui-Bangoran Prefecture, information concerning OFAC sanctions
Jeffrey M. Giuseppe, Central African Republic; nationality programs are available from OFAC’s
Director, Office of Vehicle Safety Compliance.
Central African Republic; Gender Male; Web site (www.treasury.gov/ofac).
Passport D00000897 (Central African
[FR Doc. 2017–07615 Filed 4–14–17; 8:45 am]
Republic) issued 05 Apr 2013 expires 04 Notice of OFAC Actions
BILLING CODE 4910–59–P Apr 2018 (individual) [CAR]. On April 12, 2017, OFAC, in
2. MOKOM, Maxime (a.k.a. GAWAKA,
consultation with the U.S. Department
Maxime Eli Jeoffroy Mokom; a.k.a.
DEPARTMENT OF THE TREASURY of State, removed from the SDN List the
GAWAKA, Maxime Mokom; a.k.a.
MOCOM, Maxime; a.k.a. MOKOM,
individual listed below, whose property
Office of Foreign Assets Control Gawaka; a.k.a. MOKOM, Maxim; a.k.a. and interests in property were blocked
MOKOME, Maxime; a.k.a. MOKOM– pursuant to Executive Order 13391 (E.O.
Sanctions Actions Pursuant to GAWAKA, Maxime Jeoffroy Eli; a.k.a. 13391).
Executive Order 13667 MOKOUM, Maxime; a.k.a. ‘‘Colonel 1. MUTEZO, Munacho Thomas Alvar, 950
AGENCY: Office of Foreign Assets Rock’’), Boy-Rabe, Bangui, Central African Sugarloaf Hill, Glen Lorne, Zimbabwe; DOB
Control, Treasury. Republic; DOB 30 Dec 1978; POB Bangui, 14 Feb 1954; Passport AN187089 (Zimbabwe)
Central African Republic; nationality expires 5 Dec 2010; Minister of Water
ACTION: Notice.
Central African Republic; Gender Male; Resources and Infrastructural Development
SUMMARY: The Treasury Department’s Passport O00006983 (Central African (individual) [ZIMBABWE].
Office of Foreign Assets Control (OFAC) Republic) expires 02 Feb 2017 (individual)
Dated: April 12, 2017.
is publishing the names of two [CAR].
mstockstill on DSK30JT082PROD with NOTICES

Andrea M. Gacki,
individuals whose property and Dated: April 12, 2017.
interests in property are blocked Acting Director, Office of Foreign Assets
Andrea Gacki, Control.
pursuant to Executive Order (E.O.)
13667 and whose names have been Acting Director, Office of Foreign Assets [FR Doc. 2017–07651 Filed 4–14–17; 8:45 am]
added to OFAC’s list of Specially Control. BILLING CODE 4810–AL–P
Designated Nationals and Blocked [FR Doc. 2017–07710 Filed 4–14–17; 8:45 am]
Persons (SDN List). BILLING CODE 4810–AL–P

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Document Created: 2018-08-25 11:27:28
Document Modified: 2018-08-25 11:27:28

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		82 FR 18210

82 FR 18210 - The Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 72 (April 17, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration