The Goodyear Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 18210-18211 [2017-07615]

Download as PDF 18210 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Hyundai 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. 2017–07614 Filed 4–14–17; 8:45 am] BILLING CODE 4910–59–P 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 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: 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 mstockstill on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:14 Apr 14, 2017 Jkt 241001 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 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17APN1.SGM 17APN1 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices 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 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Sanctions Actions Pursuant to Executive Order 13667 Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (OFAC) is publishing the names of two individuals whose property and interests in property are blocked pursuant to Executive Order (E.O.) 13667 and whose names have been added to OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List). mstockstill on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:14 Apr 14, 2017 Jkt 241001 OFAC’s actions described in this notice were effective on April 12, 2017. DATES: The Department of the Treasury’s Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202–622– 2480, Assistant Director for Regulatory Affairs, tel.: 202–622–4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202–622–2410. FOR FURTHER INFORMATION CONTACT: 18211 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 13391 Office of Foreign Assets Control, Treasury. AGENCY: ACTION: Notice. The SDN List and additional information concerning OFAC sanctions programs are available from OFAC’s Web site (www.treasury.gov/ofac). The Treasury Department’s Office of Foreign Assets Control (OFAC) is publishing the name of one individual whose property and interests in property has been unblocked pursuant to Executive Order 13391 of November 22, 2005, ‘‘Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe.’’ Notice of OFAC Actions DATES: SUPPLEMENTARY INFORMATION: Electronic Availability On April 12, 2017, OFAC blocked the property and interests in property of the following individuals pursuant to E.O. 13667, ‘‘Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic’’: 1. HISSENE, Abdoulaye (a.k.a. ABDOULAYE, Hissene; a.k.a. ABDOULAYE, Issene; a.k.a. HISSEIN, Abdoulaye; a.k.a. ISSENE, ` Abdoulaye (Latin: ISSENE., Abdoulaye); a.k.a. RAMADANE, Abdoulaye Issene ` (Latin: RAMADANE, Abdoulaye Issene)), KM5, Bangui, Central African Republic; Ndele, Bamingui-Bangoran Prefecture, Central African Republic; DOB 1967; POB Ndele, Bamingui-Bangoran Prefecture, Central African Republic; nationality Central African Republic; Gender Male; Passport D00000897 (Central African Republic) issued 05 Apr 2013 expires 04 Apr 2018 (individual) [CAR]. 2. MOKOM, Maxime (a.k.a. GAWAKA, Maxime Eli Jeoffroy Mokom; a.k.a. GAWAKA, Maxime Mokom; a.k.a. MOCOM, Maxime; a.k.a. MOKOM, Gawaka; a.k.a. MOKOM, Maxim; a.k.a. MOKOME, Maxime; a.k.a. MOKOM– GAWAKA, Maxime Jeoffroy Eli; a.k.a. MOKOUM, Maxime; a.k.a. ‘‘Colonel Rock’’), Boy-Rabe, Bangui, Central African Republic; DOB 30 Dec 1978; POB Bangui, Central African Republic; nationality Central African Republic; Gender Male; Passport O00006983 (Central African Republic) expires 02 Feb 2017 (individual) [CAR]. Dated: April 12, 2017. Andrea Gacki, Acting Director, Office of Foreign Assets Control. SUMMARY: OFAC’s actions described in this notice are effective as of April 12, 2017. FOR FURTHER INFORMATION CONTACT: Associate Director for Global Targeting, tel.: 202/622–2420, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202/622–2490, Assistant Director for Licensing, tel.: 202/622–2480, Office of Foreign Assets Control, or Chief Counsel (Foreign Assets Control), tel.: 202/622–2410 (not toll free numbers). SUPPLEMENTARY INFORMATION: Electronic Availability The SDN List and additional information concerning OFAC sanctions programs are available from OFAC’s Web site (www.treasury.gov/ofac). Notice of OFAC Actions On April 12, 2017, OFAC, in consultation with the U.S. Department of State, removed from the SDN List the individual listed below, whose property and interests in property were blocked pursuant to Executive Order 13391 (E.O. 13391). 1. MUTEZO, Munacho Thomas Alvar, 950 Sugarloaf Hill, Glen Lorne, Zimbabwe; DOB 14 Feb 1954; Passport AN187089 (Zimbabwe) expires 5 Dec 2010; Minister of Water Resources and Infrastructural Development (individual) [ZIMBABWE]. Dated: April 12, 2017. Andrea M. Gacki, Acting Director, Office of Foreign Assets Control. [FR Doc. 2017–07651 Filed 4–14–17; 8:45 am] BILLING CODE 4810–AL–P [FR Doc. 2017–07710 Filed 4–14–17; 8:45 am] BILLING CODE 4810–AL–P PO 00000 Frm 00113 Fmt 4703 Sfmt 9990 E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18210-18211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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