
[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Notices]               
[Page 33486-33487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn08-118]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0074; Notice 1]

 
Goodyear Tire & Rubber Company, Receipt of Petition for Decision 
of Inconsequential Noncompliance

    Goodyear Tire & Rubber Company (Goodyear), has determined that 
certain passenger car tires manufactured during the week of January 7, 
2008 did not fully comply with Federal Motor Vehicle Safety Standards 
(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.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Goodyear has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    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 
other exercise of judgment concerning the merits of the petition.
    Affected are 18 P235/55R18 99V Goodyear Eagle RS-A passenger car 
tires manufactured in its Lawton, Oklahoma plant during the week of 
January 7, 2008.
    Paragraph S5.5.1(a) of FMVSS No. 139 requires:

    S5.5.1 Tire identification number. (a) Tires manufactured before 
September 1, 2009. Each tire must be labeled with the tire 
identification number required by 49 CFR part 574 on a sidewall of 
the tire. Except for retreaded tires, either the tire identification 
number or a partial tire identification number, containing all 
characters in the tire identification number, except for the date 
code and, at the discretion of the manufacturer, any optional code, 
must be labeled on the other sidewall of the tire.

    Goodyear explains that due to a mold labeling error the labeling 
information on the subject tires incorrectly states ``NOT FOR SALE'' on 
the intended inboard sidewall instead of the partial tire 
identification number (TIN) ``M60Y LNER.'' Therefore, it is Goodyear's 
belief that the subject tires are not in compliance with the tire 
labeling requirement found in S5.5.1(a) of FMVSS No. 139.
    Goodyear makes the argument that this noncompliance is 
inconsequential to motor vehicle safety because the tires meet or 
exceed all other applicable FMVSS performance standards, and that the 
tires were designed, manufactured and tested to the standards and 
regulations as applicable and they meet all regulatory performance test 
requirements.
    Goodyear also explains its belief that the Tire Identification 
Number (TIN) and the partial TIN are used to properly identify tires 
that are involved in a safety campaign. Goodyear stated its belief that 
the full TIN is molded on the intended outboard sidewall of these tires 
and consumers could be directed to have both sidewalls inspected for 
the TIN if any safety campaign would be required for these tires in the 
future. Goodyear compared this situation to that of any tire involved 
in a safety campaign that required the 4-digit week and year code to 
determine if it were involved.
    Goodyear also stated that it has corrected the problem that caused 
these

[[Page 33487]]

errors so that they will not be repeated in future production.
    In summation, Goodyear states that it believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.
    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.
    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 be submitted by 
any of the following methods:
    a. 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.
    b. By hand delivery 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.
    c. 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 1-202-493-2251.
    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, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all 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.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below 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.
    Comment closing date: July 14, 2008.

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

    Issued on: June 6, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-13176 Filed 6-11-08; 8:45 am]

BILLING CODE 4910-59-P
