
[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Notices]               
[Page 44799-44800]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy08-96]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0086; Notice 2]

 
Goodyear Dunlop Tires North America, Ltd., Grant of Petition for 
Decision of Inconsequential Noncompliance

    Goodyear Dunlop Tires North American, Ltd, (GDTNA), has determined 
that certain tires that it manufactured during the period beginning 
January 2003 through July 2004, do not fully comply with paragraph 
S6.5(f) of 49 CFR 571.119 (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. On January 
18, 2008, GDTNA filed an appropriate report pursuant to 49 CFR Part 
573, Defect and Noncompliance Responsibility and Reports identifying 
approximately 3,050 150/60R18 Dunlop D251 motorcycle tires, produced 
from January 2003 through July 2004, that do not comply with the 
paragraphs of FMVSS No. 119 cited above.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, GDTNA 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 the 
petition was published, with a 30-day public comment period, on May 12, 
2008 in the Federal Register (73 FR 27023). No comments were received. 
To view the petition and all supporting documents log onto the Federal 
Docket Management System Web site at: http://www.regulations.gov/. Then 
follow the online search instructions to locate docket number ``NHTSA-
2008-0086.''
    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.
    Paragraph S6.5(f) of 49 CFR 571.119 requires:

    S6.5(f) The actual number of plies and the composition of the 
ply cord material in the sidewall and, if different, in the tread 
area.

    GDTNA described the noncompliance as incorrect labeling of 
construction materials information on the sidewalls. The labeling 
incorrectly lists ``TREAD 5 PLIES 2 RAYON + 3 NYLON'' and ``SIDEWALL: 2 
PLIES 2 RAYON'' whereas this labeling should be ``TREAD 4 PLIES 2 NYLON 
+ 2 NYLON'' and ``SIDEWALL 2 PLIES 2 NYLON.''
    GDTNA stated that it believes the noncompliance is inconsequential 
to motor vehicle safety because most consumers do not base tire 
purchase or vehicle operation on the construction information listed on 
the tire sidewalls, the tires meet or exceed all other applicable 
FMVSS, they ``were designed, manufactured and tested to the standards 
and regulations as applicable, and they meet all of the internal and 
regulatory performance test requirements.''
    GDTNA also stated that it has corrected the problem with the 
affected tire mold and that all subsequent production will have the 
correct material information shown on the sidewall.
    GDTNA additionally stated that no customer complaints have been 
received.

NHTSA Decision

    By way of background, the Transportation Recall, Enhancement, 
Accountability, and Documentation (TREAD) Act (Pub. L. 106-414) 
required, among other things, that the agency initiate rulemaking to 
improve tire label information. In response, the agency published an 
Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register 
on December 1, 2000 (65 FR 75222).
    The agency received more than 20 comments on the tire labeling 
information required by 49 CFR Sections 571.109 and 119, Part 567, Part 
574, and Part 575. In addition, the agency conducted a series of focus 
groups, as required by the TREAD Act, to examine consumer perceptions 
and understanding of tire labeling. Few of the focus group participants 
had knowledge of tire labeling beyond the tire brand name, tire size, 
and tire pressure.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we have concluded that it is likely that few 
consumers have been influenced by the tire construction information 
(number of plies and cord material in the sidewall and tread plies) 
provided on the tire label when deciding to buy a motor vehicle or 
tire.
    Therefore, the agency agrees with GDTNA's statement that the 
incorrect markings in this case do not present a serious safety 
concern.\1\ There is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted. 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 number of plies in the tire. In addition, the tires 
are certified to meet all the performance requirements of FMVSS No. 
119.
---------------------------------------------------------------------------

    \1\ This decision is limited to its specific facts. As some 
commenters on the ANPRM noted, the existence of steel in a tire's 
sidewall can be relevant to the manner in which it should be 
repaired or retreaded.
---------------------------------------------------------------------------

    In consideration of the foregoing, NHTSA has decided that GDTNA has 
met its burden of persuasion that the subject FMVSS No. 119 labeling 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
GDTNA's petition is granted and the

[[Page 44800]]

petitioner is exempted from the obligation of providing notification 
of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 
---------------------------------------------------------------------------
and 30120.

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

    Issued on: July 25, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-17527 Filed 7-30-08; 8:45 am]

BILLING CODE 4910-59-P
