Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 68494-68496 [2024-19019]
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lotter on DSK11XQN23PROD with NOTICES1
68494
Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices
Specifically, the Polaris Slingshot
windscreens were mismarked as
follows:
• Windscreens having part number
5452393 were missing the ‘‘A’’ in the
‘‘AS6’’ marking.
• Windscreens having part numbers
5452394, 5452871, 5452870, 5452881
omitted all of the markings required by
FMVSS No. 205.
• Windscreens having part number
5453490 were incorrectly marked AS6
when the correct marking is AS7.
• Windscreens having part number
5455970 were incorrectly marked AS6
when the correct marking is AS7; in
addition, the glazing was incorrectly
marked with a manufacturer model
number ‘‘TUFFAK FC’’ when the correct
marking is ‘‘TUFFAK AR2 135.’’
The Indian Motorcycle windscreens
were mismarked as follows:
• Windscreens having part numbers
2883069, 5452252, 5451353–02,
5455335, 5455336, and 5455337 were
incorrectly marked AS7 when the
correct marking is AS6.
IV. Rule Requirements: Section 6 of
FMVSS No. 205 includes the
requirements relevant to this petition. In
addition, each prime glazing material
manufacturer must mark the glazing
materials it manufactures in accordance
with Section 7 of ANSI Z26.1–1996,
which requires, among other things,
windscreens to meet light
transmissibility requirements and have
AS markings with the American
National Standard.
V. Summary of Polaris’ Petitions: The
following views and arguments
presented in this section, ‘‘V. Summary
of Polaris’ Petitions,’’ are the views and
arguments provided by Polaris. They
have not been evaluated by the Agency
and do not reflect the views of the
Agency. Polaris describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
Polaris says that although the subject
windscreens do not fully comply with
the marking requirements of FMVSS No.
205, they meet the performance
requirements specified in FMVSS No.
205 and ANSI Z26.1–1996, and there is
no safety performance implication
associated with this technical
noncompliance.
Polaris explains that the primary
causes of the noncompliance were
errors made by Polaris’ windscreen
suppliers combined with insufficient
oversight by Polaris. Polaris’ supplier
quality team is actively working with its
windscreen suppliers to incorporate
corrective actions in their control plan
going forward to prevent reoccurrence.
In addition, new processes are being
VerDate Sep<11>2014
17:03 Aug 23, 2024
Jkt 262001
implemented at Polaris to more clearly
define the windscreen markings during
the design phase and the pre-production
validation phase.
Polaris says that the subject
windscreens fulfill the purpose of the
requirement as stated in FMVSS No. 205
because the incorrect markings do not
prevent the windscreen from meeting
‘‘all of the applicable performance
requirements set forth in FMVSS No.
205.’’ Furthermore, Polaris says that the
markings affected by the subject
noncompliance ‘‘are not referred to by
dealers or consumers and have no
impact on where each windscreen can
be installed.’’
With one exception noted below,
Polaris states that the subject
windscreens ‘‘are classified as wind
deflectors and are at heights not
requisite for driver visibility. These
windscreens meet the applicable test
requirements for AS7 windscreens
according to ANSI Z26.1–1996. Only
part number 5452871 is at a height
requisite for driver visibility, and it is a
clear windscreen that meets all AS6 test
requirements.’’
Polaris states that it ‘‘is not aware of
any crashes, injuries, or consumer
complaints associated with the incorrect
markings.’’
Polaris cited the following decisions
for inconsequentiality that NHTSA has
previously granted that Polaris believes
are similar to the subject
noncompliance:
• FCA US, LLC and AGC Glass
Company North America, 85 FR 39673,
(July 1, 2020);
• Supreme Corporation, 81 FR 72850,
(October 21, 2016);
• Mitsubishi Motors North America,
Inc., 80 FR 72482 (November 19, 2015);
• Ford Motor Company, 80 FR. 11259
(March 2, 2015);
• Custom Glass Solutions Upper
Sandusky Corp., 80 FR 3737 (January
23, 2015);
• General Motors, LLC, 79 FR 23402
(April 28, 2014);
• Fiji Heavy Industries U.S.A. Inc., 78
FR 59088 (September 25, 2013);
• Ford Motor Company, 78 FR 32531
(May 30, 2013);
• Pilkington North America, Inc., 78
FR 22942 (April 17, 2013);
• Pilkington Glass of Canada LTD., 71
FR 39141 (July 11, 2006);
• General Motors, 70 FR 49973
(August 25, 2005);
• Freightliner LLC, 68 FR 65991
(November 24, 2003);
• Toyota Motors North America Inc.,
68 FR 10307 (March 4, 2003);
• Guardian Ind. Corp., 67 FR 65185
(October 23, 2002);
• Ford Motor Company, 64 FR 70115
(December 15, 1999);
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Fmt 4703
Sfmt 4703
• Western Star Trucks Inc., 63 FR
66232 (December 1, 1998).
Polaris concludes by stating its belief
that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety and 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 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, any
decision on this petition only applies to
the subject vehicles that Polaris no
longer controlled at the time it
determined that the noncompliance
existed. However, any decision on this
petition does not relieve vehicle
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 Polaris 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024–19018 Filed 8–23–24; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2024–2020; Notice 1]
Goodyear Tire & Rubber Company,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Goodyear Tire & Rubber
Company (Goodyear) has determined
that certain Goodyear 265/70R17 116T
XL Wrangler Duratrac RT passenger
tires do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS)
No. 139, New Pneumatic Radial Tires
for Light Vehicles. Goodyear filed a
noncompliance report dated April 2,
SUMMARY:
E:\FR\FM\26AUN1.SGM
26AUN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices
2024, and subsequently petitioned
NHTSA (the ‘‘Agency’’) on April 2,
2024, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety. This
document announces receipt of
Goodyear’s petition.
DATES: Send comments on or before
September 25, 2024.
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 in the title of this
notice and may be submitted by any of
the following methods:
• Mail: Send comments by mail
addressed to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to the 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 for Federal
Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
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 comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
VerDate Sep<11>2014
17:03 Aug 23, 2024
Jkt 262001
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000 (65 FR 19477–78).
FOR FURTHER INFORMATION CONTACT:
Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety
Compliance, (325) 655–0547.
SUPPLEMENTARY INFORMATION:
I. Overview: Goodyear determined
that certain Goodyear Wrangler Duratrac
RT tires do not fully comply with
paragraph S5.5 of FMVSS No. 139, New
Pneumatic Radial Tires for Light
Vehicles (49 CFR 571.139).
Goodyear filed a noncompliance
report dated April 2, 2024, pursuant to
49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports. Goodyear petitioned NHTSA
on April 2, 2024, 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, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential
Defect or Noncompliance.
This notice of receipt of Goodyear’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or another exercise
of judgment concerning the merits of the
petition.
II. Tires Involved: Approximately
3,758 Goodyear Wrangler Duratrac RT
passenger tires, manufactured between
July 16, 2023, and September 23, 2023,
were reported by the manufacturer.
III. Rule Requirements: Paragraph
S5.5(f) of FMVSS No. 139 includes the
requirements relevant to this petition.
Each tire must have one sidewall
marked with the generic name of each
cord material used in the plies (both
sidewall and tread area) and indicate
the actual number of plies in the
sidewall, as well as the actual number
of plies in the tread area.
IV. Noncompliance: Goodyear
explains that the noncompliance is due
to a mold error and that as a result, the
number of tread plies indicated on the
sidewall of the subject tires does not
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Fmt 4703
Sfmt 4703
68495
match the actual number of plies in the
tire construction as required by
paragraph S5.5(f) of FMVSS No. 139.
Specifically, the subject tires were
manufactured with 2-plies polyamide
cords in the tread area but were
incorrectly marked to indicate a 1-ply
polyamide cord in the tread area.
V. Summary of Goodyear’s Petition:
The following views and arguments
presented in this section, ‘‘V. Summary
of Goodyear’s Petition,’’ are the views
and arguments provided by Goodyear;
they have not been evaluated by the
Agency and do not reflect the views of
the Agency. Goodyear describes the
subject noncompliance and contends
that the noncompliance is
inconsequential as it relates to motor
vehicle safety.
Goodyear contends that the subject
noncompliance is inconsequential to
motor vehicle safety because the tires
were manufactured according to design
and meet or exceed all applicable
FMVSS performance standards. The
sidewall markings for tire service,
including load capacity and inflation
pressure are accurate. Goodyear
maintains that the labeling error does
not impact safety, tire usage, or the
repair and recycling industries. Further,
Goodyear states that the affected tire
mold has been corrected in production
and future tires will correctly indicate
the number of plies shown on the
sidewalls.
Goodyear argues that NHTSA has
previously granted petitions for similar
noncompliances concerning tire
construction information, based on
surveys indicating that most consumers
do not use tire construction information
from the sidewall when making
purchasing tires.
Goodyear concludes by stating its
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety and 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 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, any
decision on this petition only applies to
the subject tires that Goodyear no longer
controlled at the time it determined that
the noncompliance existed. However,
E:\FR\FM\26AUN1.SGM
26AUN1
68496
Federal Register / Vol. 89, No. 165 / Monday, August 26, 2024 / Notices
any decision on this petition does not
relieve tire 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024–19019 Filed 8–23–24; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Department of the Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the name
of one person that has been placed on
OFAC’s Non-SDN Menu-Based
Sanctions List (NS–MBS List) based on
OFAC’s determination that one or more
applicable legal criteria were satisfied.
DATES: This action takes effect on the
date listed in SUPPLEMENTARY
INFORMATION.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
OFAC: Associate Director for Global
Targeting, tel: 202–622–2420; Assistant
Director for Licensing, tel.: 202–622–
2480; Assistant Director for Regulatory
Affairs, tel.: 202–622–4855; or Assistant
Director for Compliance, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
The NS–MBS List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://ofac.treasury.gov).
lotter on DSK11XQN23PROD with NOTICES1
Notice of OFAC Actions
On August 20, 2024, OFAC
determined that the individual
identified below meets one or more of
the criteria for the imposition of
sanctions set forth in section 1(a)–(c) of
Executive Order 14059 of December 15,
2021, ‘‘Imposing Sanctions on Foreign
Persons Involved in the Global Illicit
Drug Trade,’’ 86 FR 71549 (December
17, 2021) (E.O. 14059). Therefore, OFAC
selected one or more of the sanctions set
forth in section 2(a)(i)–(vi) of E.O. 14059
17:03 Aug 23, 2024
Individual
1. MARTELLY, Michel Joseph (a.k.a.
MARTELLY, Michael; a.k.a. ‘‘Sweet Micky’’),
Miami, FL, United States; Petionville, Ouest,
Haiti; Port-au-Prince, Ouest, Haiti;
Dominican Republic; DOB 12 Feb 1961; POB
Port-au-Prince, Haiti; nationality Haiti;
Gender Male; Executive Order 14059
information: Prohibition on any transactions
in foreign exchange that are subject to the
jurisdiction of the United States and in
which this target has any interest; alt.
Executive Order 14059 information:
Prohibition on any United States financial
institution from making loans or providing
credit to this target; alt. Executive Order
14059 information: Prohibition on any
United States person from investing in or
purchasing significant amounts of equity or
debt instruments of this target; Driver’s
License No. M634550610520 (United States);
National ID No. 0032768386 (Haiti)
(individual) [ILLICIT–DRUGS–EO14059].
Determined to meet the criteria for
imposition of sanctions pursuant to section
1(a)(i) of E.O. 14059 for having engaged in,
or attempted to engage in, activities or
transactions that have materially contributed
to, or pose a significant risk of materially
contributing to, the international
proliferation of illicit drugs or their means of
production.
The following sanctions were imposed
pursuant to section 2(a)(i)–(vi) of E.O. 14059:
(iii) prohibition on any United States
financial institution from making loans or
providing credit to the sanctioned person;
(iv) prohibition on any transactions in foreign
exchange that are subject to the jurisdiction
of the United States and in which the
sanctioned person has any interest; and (v)
prohibition on any United States person from
investing in or purchasing significant
amounts of equity or debt instruments of the
sanctioned person.
Dated: August 20, 2024.
Lisa M. Palluconi,
Acting Director, Office of Foreign Assets
Control, U.S. Department of the Treasury.
[FR Doc. 2024–19065 Filed 8–23–24; 8:45 am]
BILLING CODE P
Electronic Availability
VerDate Sep<11>2014
to impose on the individual identified
below.
Jkt 262001
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Extension of Information
Collection Request Submitted for
Public Comment; Comment Request
for Third-Party Disclosure
Requirements
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service,
as part of its continuing effort to reduce
paperwork and respondent burden,
SUMMARY:
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
invites the public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995. Currently, the IRS is
soliciting comments concerning the
burden related to third-party disclosure
requirements.
DATES: Written comments should be
received on or before October 25, 2024
to be assured of consideration.
ADDRESSES: Direct all written comments
to Andrés Garcia, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
by email to pra.comments@irs.gov.
Please include, ‘‘OMB Number: 1545–
1466—Public Comment Request Notice’’
in the Subject line.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Ronald J. Durbala,
at (202) 317–5746, at Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
through the internet at
RJoseph.Durbala@irs.gov.
SUPPLEMENTARY INFORMATION: Title:
Third-Party Disclosure Requirements.
OMB Number: 1545–1466.
Abstract: Taxpayers must obtain
third-party certification or
documentation to avail themselves of
certain credits, deductions or other
benefits permitted by the Internal
Revenue Code. Taxpayers will use these
documents or information to support
claims for certain credits, deductions, or
tax benefits on their returns. The
Internal Revenue Service may review
these documents or information during
any examination of taxpayers’ returns to
verify the taxpayers’ entitlement to the
claimed credits, deductions, or tax
benefits. This submission contains
third-party disclosure regulations
subject to the Paperwork Reduction Act
of 1995.
Current Actions: There are no changes
being made to this collection at this
time. However, updates in the burden
estimates will result in a burden
increase of 297,453 hours.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals or
households, business or other for-profit
organizations, and not-for-profit
institutions.
Estimated Number of Responses:
130,723,849.
Estimated Average Time per
Respondent: 16 min.
Estimated Total Annual Burden
Hours: 34,228,870.
E:\FR\FM\26AUN1.SGM
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Agencies
[Federal Register Volume 89, Number 165 (Monday, August 26, 2024)]
[Notices]
[Pages 68494-68496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19019]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-2020; Notice 1]
Goodyear Tire & Rubber Company, Receipt of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Goodyear Tire & Rubber Company (Goodyear) has determined that
certain Goodyear 265/70R17 116T XL Wrangler Duratrac RT passenger tires
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 139, New Pneumatic Radial Tires for Light Vehicles. Goodyear filed
a noncompliance report dated April 2,
[[Page 68495]]
2024, and subsequently petitioned NHTSA (the ``Agency'') on April 2,
2024, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety. This document announces receipt
of Goodyear's petition.
DATES: Send comments on or before September 25, 2024.
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 in the title of this notice and may be
submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview: Goodyear determined that certain Goodyear Wrangler
Duratrac RT tires do not fully comply with paragraph S5.5 of FMVSS No.
139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139).
Goodyear filed a noncompliance report dated April 2, 2024, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. Goodyear petitioned NHTSA on April 2, 2024, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h)
and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
This notice of receipt of Goodyear's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Tires Involved: Approximately 3,758 Goodyear Wrangler Duratrac
RT passenger tires, manufactured between July 16, 2023, and September
23, 2023, were reported by the manufacturer.
III. Rule Requirements: Paragraph S5.5(f) of FMVSS No. 139 includes
the requirements relevant to this petition. Each tire must have one
sidewall marked with the generic name of each cord material used in the
plies (both sidewall and tread area) and indicate the actual number of
plies in the sidewall, as well as the actual number of plies in the
tread area.
IV. Noncompliance: Goodyear explains that the noncompliance is due
to a mold error and that as a result, the number of tread plies
indicated on the sidewall of the subject tires does not match the
actual number of plies in the tire construction as required by
paragraph S5.5(f) of FMVSS No. 139. Specifically, the subject tires
were manufactured with 2-plies polyamide cords in the tread area but
were incorrectly marked to indicate a 1-ply polyamide cord in the tread
area.
V. Summary of Goodyear's Petition: The following views and
arguments presented in this section, ``V. Summary of Goodyear's
Petition,'' are the views and arguments provided by Goodyear; they have
not been evaluated by the Agency and do not reflect the views of the
Agency. Goodyear describes the subject noncompliance and contends that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
Goodyear contends that the subject noncompliance is inconsequential
to motor vehicle safety because the tires were manufactured according
to design and meet or exceed all applicable FMVSS performance
standards. The sidewall markings for tire service, including load
capacity and inflation pressure are accurate. Goodyear maintains that
the labeling error does not impact safety, tire usage, or the repair
and recycling industries. Further, Goodyear states that the affected
tire mold has been corrected in production and future tires will
correctly indicate the number of plies shown on the sidewalls.
Goodyear argues that NHTSA has previously granted petitions for
similar noncompliances concerning tire construction information, based
on surveys indicating that most consumers do not use tire construction
information from the sidewall when making purchasing tires.
Goodyear concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and 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 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, any decision on
this petition only applies to the subject tires that Goodyear no longer
controlled at the time it determined that the noncompliance existed.
However,
[[Page 68496]]
any decision on this petition does not relieve tire 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-19019 Filed 8-23-24; 8:45 am]
BILLING CODE 4910-59-P