Goodyear Tire and Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 2775-2776 [2012-933]

Download as PDF Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES New Jersey Ave. SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: (202) 493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by March 5, 2012 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78), or online at https://www.dot.gov/ privacy.html. Issued in Washington, DC, on January 12, 2012. Ron Hynes, Acting Deputy Associate Administrator for Regulatory and Legislative Operations. [FR Doc. 2012–1003 Filed 1–18–12; 8:45 am] BILLING CODE 4910–06–P VerDate Mar<15>2010 16:21 Jan 18, 2012 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2011–0033; Notice 2] Goodyear Tire and Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of Petition Grant. AGENCY: Goodyear Tire and Rubber Company,(Goodyear),1 has determined that approximately 26,224 Goodyear Assurance ComforTred Touring passenger replacement car tires manufactured between January 4, 2010 and September 11, 2010, did not fully comply with paragraph S5.5(e) 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 Responsibility and Reports (dated December 16, 2010). Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions 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 March 18, 2011, in the Federal Register (76 FR 15045). 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–2011– 0033.’’ Contact Information: 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. Summary of Goodyear’s Petition: Affected are approximately 26,224 Goodyear Assurance ComforTred Touring passenger car replacement tires, size 215/70R15 that were manufactured between January 4, 2010 and September 11, 2010. Goodyear explains that the noncompliance is that, due to a mold SUMMARY: 1 Goodyear Tire and Rubber Company (Goodyear) is a replacement equipment manufacturer incorporated in the state of Ohio. Jkt 226001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 2775 labeling error, the sidewall marking on the tires incorrectly describes the generic name of the cord material in the tread area of the tires as required by paragraph S5.5(e). Specifically, the tires in question were inadvertently manufactured with ‘‘Tread: 1 Polyester Cord + 2 Steel Cords + 1 Polyester Cord. The labeling should have been ‘‘Tread: 1 Polyester Cord + 2 Steel Cords + 1 Nylon Cord.’’ Goodyear argues that this noncompliance is inconsequential to motor vehicle safety because while the non-compliant tires are mislabeled they meet or exceed all applicable Federal Motor Vehicle Safety Standards, 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 non-compliances 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 vehicles on which these tires are mounted. 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. E:\FR\FM\19JAN1.SGM 19JAN1 2776 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Notices 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. This notice of receipt of DJG’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. Affected are approximately 89,527 of the following models of DJG child restraint systems that were manufactured between July 20, 2010 and May 18, 2011: Authority: 49 U.S.C. 30118, 30120: 22187ANL Alpha Omega Elite Delegations of authority at CFR 1.50 and 501.8. 22187REM Alpha Omega Elite 22187REMA Alpha Omega Elite Issued on: January 12, 2012. 22187SAR Alpha Omega Elite Claude H. Harris, 22187SARA Alpha Omega Elite Director, Office of Vehicle Safety Compliance. 22465 FSM Alpha Omega Elite [FR Doc. 2012–933 Filed 1–18–12; 8:45 am] 22790CGT Deluxe 3 in 1 BILLING CODE 4910–59–P CC033BMT Alpha Omega Elite CC043ANK Alpha Omega Elite CC043ANL Alpha Omega Elite DEPARTMENT OF TRANSPORTATION CC043AQS Alpha Omega Elite CC046AAI Deluxe 3 in 1 National Highway Traffic Safety CC046AAU Deluxe 3 in 1 Administration CC046CTA Deluxe 3 in 1 [Docket No. NHTSA–2012–0002; Notice 1] CC046SNW Deluxe 3 in 1 CC046WPR Deluxe 3 in 1 Dorel Juvenile Group, Receipt of CC050AJH Complete Air LX Petition for Decision of CC050ANY Complete Air LX Inconsequential Noncompliance CC050ANZ Complete Air LX CC050AOQ Complete Air LX AGENCY: National Highway Traffic CC051AIR Complete Air SE Safety Administration, DOT. NHTSA notes that the statutory ACTION: Receipt of Petition. provisions (49 U.S.C. 30118(d) and SUMMARY: Dorel Juvenile Group, Inc.1 30120(h)) that permit manufacturers to (DJG) has determined that certain child file petitions for a determination of restraint systems manufactured between inconsequentiality allow NHTSA to July 20, 2010 and May 18, 2011 do not exempt manufacturers only from the fully comply with paragraph S5.5 duties found in sections 30118 and Labeling of Federal Motor Vehicle Safety 30120, respectively, to notify owners, Standard (FMVSS) No. 213,Child purchasers, and dealers of a defect or Restraint Systems. DJG has filed an noncompliance and to remedy the appropriate report pursuant to 49 CFR defect or noncompliance. Therefore, part 573, Defect and Noncompliance these provisions only apply to the Responsibility and Reports (dated June 89,527 2 child restraint systems that DJG 23, 2011). no longer controlled at the time it Pursuant to 49 U.S.C. 30118(d) and determined that the noncompliance 30120(h) (see implementing rule at 49 existed. CFR part 556), DJG has petitioned for an DJG described the noncompliance as follows: mstockstill on DSK4VPTVN1PROD with NOTICES 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, these provisions only apply to the 26,224 2 tires that have already passed from the manufacturer to an owner, purchaser, or dealer. 2 Goodyear’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt Goodyear as a replacement equipment manufacturer from the notification and recall responsibilities of 49 CFR part 573 for 26,224 of the affected tires. However, a decision on this petition cannot relieve Goodyear distributors 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 recognized that the subject noncompliance existed. 1 Dorel Juvenile Group, Inc., a division of Dorel Industries, Inc., is an Indiana company that manufactures and imports motor vehicle equipment. VerDate Mar<15>2010 16:21 Jan 18, 2012 Jkt 226001 The child restraints at issue utilize a permanently attached base which are 2 DJG’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt DJG as an equipment manufacturer from the notification and recall responsibilities of 49 CFR part 573 for 89,527 of the affected child restraint systems. However, a decision on this petition cannot relieve child restraint system distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant child restraint systems under their control after DJG notified them that the subject noncompliance existed. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 equipped with color coordinated Ease of Use labels including base labels depicting the rear-facing mode instructions. The issue is that certain restraints were equipped with base labels positioned on the incorrect side of the base. Even if the base labels are positioned on the incorrect side of the base, nearly all the information is correct, except the small indicator arrows do not line up with the rear-facing vehicle and LATCH belt path for the rear-facing mode. As noted in the Noncompliance Information Report, this voluntarily supplied information caused the installation diagram required by FMVSS 213 S5.5.2(l) to be inaccurate. The noncompliance exists when the base labels are installed incorrectly and the indicator arrows do not point to the rear-facing vehicle belt/LATCH routing path. The arrows are actually pointing to the area below the forward-facing vehicle belt/LATCH path routing but could be construed as pointing to the forward-facing routing path. DJG stated its belief that the likelihood a consumer would interpret the arrows as indicating the proper rear-facing path routing through the forward-facing path routing is extremely low. The proper rear-facing vehicle belt/ LATCH routing path is shown very clearly in the five diagrams on the two base labels. DJG argued that instructions included with the subject child restraint systems also correctly depict the rear-facing vehicle belt/LATCH routing path numerous times. DJG noted that only one user complaint related to this issue had been received. DJG also included the results of a survey conducted to illustrate any effects the noncompliance may have on seat installation. In conclusion, DJG stated its belief that the technical noncompliance issue reported in the June 23, 2011 Noncompliance Information Report does not constitute a true safety related issue because there is no evidence that improper installation is actually taking place in the field (as evidenced by the lack of significant complaints from consumers, advocates, health care specialists or anyone else). DJG also stated that the preponderance of correct rear-facing installation diagrams and instructions appears to outweigh the potential for improper installation as a result of the ambiguous arrows on the rear-facing installation labels on the base. DJG also indicated that there appears to be a very low probability that improper installation is even possible in the vast majority of vehicles surveyed, which represent a good cross section of vehicles in the field. Comments Interested persons are invited to submit written data, views, and E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Notices]
[Pages 2775-2776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-933]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0033; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Petition Grant.

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SUMMARY: Goodyear Tire and Rubber Company,(Goodyear),\1\ has determined 
that approximately 26,224 Goodyear Assurance ComforTred Touring 
passenger replacement car tires manufactured between January 4, 2010 
and September 11, 2010, did not fully comply with paragraph S5.5(e) 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 
Responsibility and Reports (dated December 16, 2010).
---------------------------------------------------------------------------

    \1\ Goodyear Tire and Rubber Company (Goodyear) is a replacement 
equipment manufacturer incorporated in the state of Ohio.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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 March 18, 2011, in the Federal Register 
(76 FR 15045). 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-2011-0033.''
    Contact Information: 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.
    Summary of Goodyear's Petition: Affected are approximately 26,224 
Goodyear Assurance ComforTred Touring passenger car replacement tires, 
size 215/70R15 that were manufactured between January 4, 2010 and 
September 11, 2010.
    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the tires incorrectly describes 
the generic name of the cord material in the tread area of the tires as 
required by paragraph S5.5(e). Specifically, the tires in question were 
inadvertently manufactured with ``Tread: 1 Polyester Cord + 2 Steel 
Cords + 1 Polyester Cord. The labeling should have been ``Tread: 1 
Polyester Cord + 2 Steel Cords + 1 Nylon Cord.''
    Goodyear argues that this noncompliance is inconsequential to motor 
vehicle safety because while the non-compliant tires are mislabeled 
they meet or exceed all applicable Federal Motor Vehicle Safety 
Standards, 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 non-compliances 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 vehicles on which these tires are mounted. 
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.

[[Page 2776]]

    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, these provisions 
only apply to the 26,224 \2\ tires that have already passed from the 
manufacturer to an owner, purchaser, or dealer.
---------------------------------------------------------------------------

    \2\ Goodyear's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Goodyear as a replacement 
equipment manufacturer from the notification and recall 
responsibilities of 49 CFR part 573 for 26,224 of the affected 
tires. However, a decision on this petition cannot relieve Goodyear 
distributors 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 
recognized that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
---------------------------------------------------------------------------
CFR 1.50 and 501.8.

    Issued on: January 12, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-933 Filed 1-18-12; 8:45 am]
BILLING CODE 4910-59-P