Goodyear Tire and Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 73007-73008 [2011-30569]
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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Notices
relative position of the gears while the engine
is running. All of the subject vehicles display
PRNDM information whenever the ignition
switch is in the ‘‘On’’ or ‘‘Run’’ position.
With the exception of the absence of the
required transmission shift position display
for one narrow ignition key cylinder position,
the system meets all other applicable
requirements of FMVSS No. 102.
GM has no record of any incidents,
injuries, owner complaints or field reports
related to this noncompliance. GM added
that if a customer reports this problem to
them and requests a remedy, the Company
will replace the ignition switch with a
conforming component.
Since this noncompliance only occurs
during an atypical operation, the
noncompliance is not likely to occur under
normal driving conditions. The only
circumstance where the noncompliance
would appear is if the ignition switch is in
the intermediary position between the ‘‘OFF’’
and ‘‘ACC’’ detent positions prior to the
interlock. In order for this condition to be
present, a driver would have to first move the
transmission control to ‘‘PARK.’’ In such a
case, there are two possible scenarios for the
driver: 1) leaving the vehicle with the key in
the ignition or 2) remaining in the vehicle.
GM provides the following analysis for both
scenarios:
1. The driver exits the vehicle while
leaving the key in the ignition:
If the driver attempted to remove the key
before exiting the vehicle, the key would not
be capable of removal. The doors may also
still be locked if they are in the factory
default setting to unlock in the ‘‘PARK’’
position.
As required by S5.1.3 of FMVSS No. 114,
GM provides an audible warning to the
driver that activates whenever the key has
been left in the ignition locking system and
the driver’s door is opened.
The Owner’s Manual supplied with the
vehicle provides specific warnings and
instructions on ensuring the vehicle is in
‘‘PARK’’ and the key is removed before
exiting the vehicle.
2. The driver remains in the vehicle:
If the driver remains in the vehicle, he or
she would likely either restart the vehicle’s
engine or attempt to remove the key to exit
the vehicle.
If the driver attempts to restart the engine,
paragraph S3.1.3 of FMVSS No. 102 requires
that the starter be inoperative whenever the
vehicle’s transmission shift position is in a
forward or reverse drive position. The driver
rotating the ignition switch forward
attempting to start the engine will definitely
activate the PRNDM display. Therefore, the
PRNDM information will be available to the
driver who can see that the vehicle did not
start because the transmission was not in
‘‘Park’’ or ‘‘Neutral.’’
GM says that because both of these
situations are addressed by FMVSS
requirements, a lack of a transmission shift
position display in either of these cases may
constitute a minor inconvenience, but will
have no consequence to safety. In addition,
GM stated that NHTSA has previously
granted similar petitions on 3 occasions.
VerDate Mar<15>2010
15:34 Nov 25, 2011
Jkt 226001
Furthermore, GM also stated the
following:
GM recognizes that there may be isolated
non-driving situations in which a person may
desire to know gear selection or the relative
position of the gears with the engine off, such
as when placing the vehicle in tow. However,
these cases occur infrequently and do not
occur during normal ignition activation and
vehicle operation. If the subject condition
[noncompliance] is present during these
infrequent non-driving situations when
PRNDM information may be desired, gear
selection and relative positioning can easily
be determined by rotating the ignition switch
slightly clockwise past the accessory ‘‘ACC’’
detent to activate the shift indicator display
without starting the vehicle’s engine. Given
the nature of these non-driving situations and
since the information can be readily obtained
with a slight key rotation, GM believes that
the subject condition [noncompliance] will
have no real or implied degradation of motor
vehicle safety.
GM also indicated that it has
corrected the problem that caused the
subject noncompliance so that it cannot
reoccur in future production.
In view of the above, GM believes that
the described noncompliance is
inconsequential and does not present a
risk to motor vehicle safety. Thus, GM
requests that its petition, to exempt it
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 Decision: NHTSA agrees with
GM that the noncompliance is
inconsequential to motor vehicle safety.
As the agency noted in the past (53 FR
32409, August 25, 1988), the purpose of
the PRNDL information display
requirement is to ‘‘provide the driver
with transmission position information
for the vehicle conditions where such
information can reduce the likelihood of
shifting errors.’’ In all but the rarest
circumstances, the primary function of
the transmission display is to inform the
driver of gear selection and relative
position of the gears while the engine is
running. In this case, the selected gear
position and PRNDL display are always
visible when the engine is running.
Therefore, as GM stated, the vehicles
will be in compliance with FMVSS No.
102 during normal ignition activation
and vehicle operation.
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
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
73007
defect or noncompliance. Therefore, this
decision only applies to the 462,227 2
vehicles that GM no longer controlled at
the time that it determined that a
noncompliance existed in the subject
vehicles.
In consideration of the foregoing,
NHTSA has decided that GM has met its
burden of persuasion that the subject
FMVSS No. 102 noncompliance is
inconsequential to motor vehicle safety.
Accordingly, GM’s petition is granted
and the petitioner is exempted from the
obligation of providing notification of,
and a remedy for, the subject
noncompliance under 49 U.S.C. 30118
and 30120.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8)
Issued on: November 18, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011–30563 Filed 11–25–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0080; Notice 2]
Goodyear Tire and Rubber Company,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
AGENCY:
Grant of Petition for Decision of
Inconsequential Noncompliance.
ACTION:
Goodyear Tire and Rubber
Company, (Goodyear),1 has determined
that approximately 14,826 passenger car
replacement tires manufactured
between August of 2007 and May of
2009, do not fully comply with
paragraph S5.5(f) of Federal Motor
Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for
Light Vehicles. Goodyear has filed an
appropriate report pursuant to 49 CFR
part 573, Defect and Noncompliance
SUMMARY:
2 GM’s petition, which was filed under 49 CFR
part 556, requests an agency decision to exempt GM
from the notification and recall responsibilities of
49 CFR part 573 for as many as 462,227 of the
affected vehicles. However, the granting of this
petition does not relieve GM’s distributors and
dealers of the prohibitions on the sale, offer for sale,
or introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles
under their control after GM recognized that the
subject noncompliance existed.
1 Goodyear Tire and Rubber Company (Goodyear)
a replacement equipment manufacturer is
incorporated in the state of Ohio.
E:\FR\FM\28NON1.SGM
28NON1
pmangrum on DSK3VPTVN1PROD with NOTICES
73008
Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Notices
Responsibility and Reports (Dated July
8, 2009).
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), Goodyear has petitioned
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 Goodyear’s
petition was published, with a 30-day
public comment period, on June 25,
2010, in the Federal Register (75 FR
36472). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System Web site at: http:
//www.regulations.gov/. Then follow the
online search instructions to locate
docket number ‘‘NHTSA–2010–0080.’’
For further information on this
decision, contact Mr. George Gillespie,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5299, facsimile (202) 366–
7002.
Affected are approximately 14,826
sizes P195/55R15 84V and P225/60R16
97H Goodyear brand Arizonian Silver
Edition Plus model passenger car tires
manufactured between August of 2007
and May of 2009 at Goodyear’s plant
located in Otrokovice, Czech Republic.
Goodyear explains that the
noncompliance is that, due to a mold
labeling error, the sidewall marking on
the reference side of the tires incorrectly
describes the actual number of plies in
the tread area of the tires as required by
paragraph S5.5(f). Specifically, the tires
in question were inadvertently
manufactured with ‘‘Tread Plies: 2
Polyester + 2 steel.’’ The labeling should
have been ‘‘Tread Plies: 2 Polyester + 1
polyamide + 2 steel.
Goodyear also explains that while the
non-compliant tires are mislabeled ‘‘the
tires meet or exceed all applicable
Federal Motor Vehicle Safety
Standards.’’
Goodyear argues that this
noncompliance is inconsequential to
motor vehicle safety because the
noncompliant sidewall marking does
not create an unsafe condition and all
other labeling requirements have been
met.
Goodyear points out that NHTSA has
previously granted similar petitions for
noncompliances in sidewall marking.
Goodyear additionally states that it
has corrected the affected tire molds and
all future production will have the
correct material shown on the sidewall.
In summation, Goodyear believes that
the described noncompliance of its tires
to meet the requirements of FMVSS No.
VerDate Mar<15>2010
20:00 Nov 25, 2011
Jkt 226001
139 is inconsequential to motor vehicle
safety, and that its petition, to exempt
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, and should be granted.
NHTSA Decision: The agency agrees
with Goodyear that the noncompliances
are inconsequential to motor vehicle
safety. The agency believes that the true
measure of inconsequentiality to motor
vehicle safety in this case is that there
is no effect of the noncompliances on
the operational safety of the vehicles on
which these tires are mounted. The
safety of people working in the tire
retread, repair, and recycling industries
must also be considered. Although tire
construction affects the 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.
Therefore, tire dealers and customers
should 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. In the agency’s judgment,
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 ply material in a tire.
The agency also believes the
noncompliance will have no measurable
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,
since the tire sidewalls do not contain
steel plies, this potential safety concern
does not exist.
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 14,826 2
2 Goodyear’s petition, which was filed under 49
CFR part 556, requests an agency decision to
exempt Goodyear as a manufacturer from the
notification and recall responsibilities of 49 CFR
part 573 for the affected vehicles. However, a
decision on this petition cannot relieve distributors
and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
tires that Goodyear no longer controlled
at the time that it determined that a
noncompliance existed in the subject
tires.
In consideration of the foregoing,
NHTSA has decided that Goodyear has
met its burden of persuasion that the
subject FMVSS No. 139 labeling
noncompliances are inconsequential to
motor vehicle safety. Accordingly,
Goodyear’s petition is granted and the
petitioner is exempted from the
obligation of providing notification of,
and a remedy for, the subject
noncompliance under 49 U.S.C. 30118
and 30120.
Authority: (49 U.S.C. 30118, 30120:
Delegations of authority at CFR 1.50 and
501.8).
Issued on: November 18, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011–30569 Filed 11–25–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0152]
Technical Report on Fatality Risk,
Mass, and Footprint of Model Year
2000–2007 Passenger Cars and LTVs
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for comments on
technical report.
AGENCY:
This notice announces
NHTSA’s publication of a technical
report describing relationships between
a vehicle’s mass, footprint (size), and
body type and its rate of involvement in
fatal crashes. The report’s title is:
Relationships Between Fatality Risk,
Mass, and Footprint in Model Year
2000–2007 Passenger Cars and LTVs—
Preliminary Report.
DATES: Comments must be received no
later than January 27, 2012.
ADDRESSES:
Report: The technical report is
available on the Internet for viewing on
line or downloading in PDF format at
the Federal eRulemaking Portal. It is
item no. 0023 in Docket No. NHTSA–
2010–0152. You may access it by going
to https://www.regulations.gov, typing
NHTSA–2010–0152–0023 in the box
under ‘‘Enter Keyword or ID’’ and
SUMMARY:
into interstate commerce of the noncompliant
vehicles under their control after Goodyear notified
them that the subject noncompliance existed.
E:\FR\FM\28NON1.SGM
28NON1
]]>Agencies
[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 73007-73008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30569]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0080; Notice 2]
Goodyear Tire and Rubber Company, Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition for Decision of Inconsequential
Noncompliance.
-----------------------------------------------------------------------
SUMMARY: Goodyear Tire and Rubber Company, (Goodyear),\1\ has
determined that approximately 14,826 passenger car replacement tires
manufactured between August of 2007 and May of 2009, do not fully
comply with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard
(FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles.
Goodyear has filed an appropriate report pursuant to 49 CFR part 573,
Defect and Noncompliance
[[Page 73008]]
Responsibility and Reports (Dated July 8, 2009).
---------------------------------------------------------------------------
\1\ Goodyear Tire and Rubber Company (Goodyear) a replacement
equipment manufacturer is incorporated in the state of Ohio.
---------------------------------------------------------------------------
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Goodyear has petitioned 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 Goodyear's petition was published, with a 30-
day public comment period, on June 25, 2010, in the Federal Register
(75 FR 36472). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System Web
site at: https://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2010-0080.''
For further information on this decision, contact Mr. George
Gillespie, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5299,
facsimile (202) 366-7002.
Affected are approximately 14,826 sizes P195/55R15 84V and P225/
60R16 97H Goodyear brand Arizonian Silver Edition Plus model passenger
car tires manufactured between August of 2007 and May of 2009 at
Goodyear's plant located in Otrokovice, Czech Republic.
Goodyear explains that the noncompliance is that, due to a mold
labeling error, the sidewall marking on the reference side of the tires
incorrectly describes the actual number of plies in the tread area of
the tires as required by paragraph S5.5(f). Specifically, the tires in
question were inadvertently manufactured with ``Tread Plies: 2
Polyester + 2 steel.'' The labeling should have been ``Tread Plies: 2
Polyester + 1 polyamide + 2 steel.
Goodyear also explains that while the non-compliant tires are
mislabeled ``the tires meet or exceed all applicable Federal Motor
Vehicle Safety Standards.''
Goodyear argues that this noncompliance is inconsequential to motor
vehicle safety because the noncompliant sidewall marking does not
create an unsafe condition and all other labeling requirements have
been met.
Goodyear points out that NHTSA has previously granted similar
petitions for noncompliances in sidewall marking.
Goodyear additionally states that it has corrected the affected
tire molds and all future production will have the correct material
shown on the sidewall.
In summation, Goodyear believes that the described noncompliance of
its tires to meet the requirements of FMVSS No. 139 is inconsequential
to motor vehicle safety, and that its petition, to exempt 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, and should be granted.
NHTSA Decision: The agency agrees with Goodyear that the
noncompliances are inconsequential to motor vehicle safety. The agency
believes that the true measure of inconsequentiality to motor vehicle
safety in this case is that there is no effect of the noncompliances on
the operational safety of the vehicles on which these tires are
mounted. The safety of people working in the tire retread, repair, and
recycling industries must also be considered. Although tire
construction affects the 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. Therefore, tire dealers and customers should
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. In the agency's judgment, 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 ply material in a
tire.
The agency also believes the noncompliance will have no measurable
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,
since the tire sidewalls do not contain steel plies, this potential
safety concern does not exist.
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 14,826 \2\ tires that Goodyear no longer controlled
at the time that it determined that a noncompliance existed in the
subject tires.
---------------------------------------------------------------------------
\2\ Goodyear's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt Goodyear as a manufacturer
from the notification and recall responsibilities of 49 CFR part 573
for the affected vehicles. However, a decision on this petition
cannot relieve distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction
into interstate commerce of the noncompliant vehicles under their
control after Goodyear notified them that the subject noncompliance
existed.
---------------------------------------------------------------------------
In consideration of the foregoing, NHTSA has decided that Goodyear
has met its burden of persuasion that the subject FMVSS No. 139
labeling noncompliances are inconsequential to motor vehicle safety.
Accordingly, Goodyear's petition is granted and the petitioner is
exempted from the obligation of providing notification of, and a remedy
for, the subject noncompliance under 49 U.S.C. 30118 and 30120.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.50 and 501.8).
Issued on: November 18, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-30569 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-59-P
