Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 66612-66613 [2015-27611]

Download as PDF 66612 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for the Department’s performance; (b) the accuracy of the estimated burden; (c) ways for the Department to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995, 44. U.S.C. Chapter 35, as amended; 5 CFR part 1320; and 49 CFR 1.95. Nathaniel Beuse, Associate Administrator for Vehicle Safety Research. [FR Doc. 2015–27480 Filed 10–28–15; 8:45 am] BILLING CODE 4910–59–P 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 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: 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 asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 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 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 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, E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0098; Notice 1] Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Continental Tire the Americas, LLC (CTA), has determined that certain Continental Tire T-type spare tires do not fully comply with paragraph S4.3(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New Pneumatic and Certain Specialty Tires. CTA has filed an appropriate report dated August 25, 2015 and amended on October 1, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: The closing date for comments on the petition is November 30, 2015. 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 at the beginning 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 • Hand Deliver: 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 http:// 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 your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated above will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), CTA 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. This notice of receipt of CTA’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. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 66613 II. Tires Involved: Affected are approximately 3,627 Continental Tire CST 17 size T125/70R17 98M temporary spare tires sold to General Motors and also in small quantities in the replacement market. These tires were manufactured between March 18, 2012 and April 11, 2015. III. Noncompliance: CTA explains that the noncompliance is that the tire size designation markings on the sidewalls of the subject tires do not contain the tire type code designator symbol from The Tire and Rim Association yearbook as required by paragraph S4.3(a) of FMVSS No. 109. Specifically, the subject tire size reads ‘‘125/70R17 98M’’ but should read ‘‘T125/70R17 98M’’ indicating the tire is a spare tire and for temporary use. IV. Rule Text: Paragraph S4.3(a) of FMVSS No. 109 requires in pertinent part: S4.3 Labeling Requirements. Except as provided in S4.3.1 and S4.3.2 of this standard, each tire, except for those certified to comply with S5.5 of § 571.139, shall have permanently molded into or onto both sidewalls, in letters and numerals not less than 0.078 inches high, the information shown in paragraphs S4.3(a) through (g) of this standard. On at least one sidewall, the information shall be positioned in an area between the maximum section width and bead of the tire, unless the maximum section width of the tire falls between the bead and one-fourth of the distance from the bead to the shoulder of the tire . . . (a) One size designation, except that equivalent inch and metric size designations may be used; . . . V. Summary of CTA’s Analyses: CTA stated that the only missing marking on the sidewalls of the affected tires is the letter ‘‘T’’ as part of the size designation. CTA also stated its belief that the omission of the tire size designation markings has no impact on the operational performance or durability of these tires or on the safety of vehicles on which these tires may be mounted and that the affected tires cannot be confused with normal P-metric or metric passenger tires for the following reasons: 1. Both sidewalls of the affected tires have permanently molded letters that are 1⁄2 inch tall with the words ‘‘TEMPORARY USE ONLY.’’ 2. Both sidewalls of the affected tires have permanently molded letters and numerals that are 1⁄2 inch tall with the words ‘‘INFLATE TO 420KPA (60PSI),’’ as required by section S4.3.5 of FMVSS No. 109. 3. The affected tires are intended as a spare tire for the Chevy Impala, which is equipped with four ground tires of size P235[/]55R17 98W. Thus, the ground tires are significantly different in E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66612-66613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27611]


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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.

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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