
[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Notices]               
[Page 68306-68307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de09-107]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0184; Notice 2]

 
Goodyear Tire and Rubber Company, Grant of Petition for Decision 
of Inconsequential Noncompliance

    Goodyear Tire and Rubber Company (Goodyear), has determined that 
certain passenger car tires manufactured from June 2, 2008, through 
July 10, 2008, did not fully comply with paragraphs S5.5(e) and S5.5(f) 
of 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. Notice of receipt of the petition was published, with a 30-day 
public comment period, on December 18, 2008, in the Federal Register 
(73 FR 77105). 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-2008-0184.''
    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.
    Affected are approximately 112 size P265/60R18 109S Dunlop Rover AT 
passenger car tires manufactured from June 2, 2008, through July 10, 
2008.
    Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require in 
pertinent part:


[[Page 68307]]


    S5.5 Tire markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard. The markings 
must be placed between the maximum section width and the bead on at 
least one sidewall, unless the maximum section width of the tire is 
located in an area that is not more than one-fourth of the distance 
from the bead to the shoulder of the tire. If the maximum section 
width falls within that area, those markings must appear between the 
bead and a point one-half the distance from the bead to the shoulder 
of the tire, on at least one sidewall. The markings must be in 
letters and numerals not less than 0.078 inches high and raised 
above or sunk below the tire surface not less than 0.015 inches* * *
    (e) The generic name of each cord material used in the plies 
(both sidewall and tread area) of the tire;
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different* * *

    Goodyear explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking incorrectly describes the plies in 
the tread area of the tires. Specifically, the tires in question were 
inadvertently manufactured with ``Tread 2 Polyester + 2 Steel + 1 
Nylon'' marked on the sidewall. The labeling should have been ``Tread 2 
Polyester + 2 Steel.''
    Goodyear makes the argument that this noncompliance is 
inconsequential to motor vehicle safety because the noncompliant 
sidewall marking does not affect the safety of the tire and that the 
tires as built are in compliance with all other sidewall identification 
markings and all applicable tire performance requirements specified in 
FMVSS No. 139.
    Goodyear points out that NHTSA has previously granted petitions for 
sidewall marking noncompliances that it believes are similar to the 
instant noncompliance.
    Goodyear also stated that it has corrected the problem that caused 
these 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 Decision

    The agency agrees with Goodyear that the noncompliances are 
inconsequential to motor vehicle safety. The agency believes that the 
true measure of inconsequentiality to motor vehicle safety in this case 
is that there is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted.
    Although tire construction affects the 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. 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 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 ply material or number of plies in a tire.
    The agency also believes the noncompliance will have no measurable 
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, 
since the tire sidewalls are marked correctly for the number of steel 
plies, this potential safety concern does not exist.
    In consideration of the foregoing, NHTSA has decided that Goodyear 
has met its burden of persuasion that the subject FMVSS No. 139 
labeling noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Goodyear's petition is granted and the 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 
CFR 1.50 and 501.8)

    Issued on: December 17, 2009.
Claude Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-30444 Filed 12-22-09; 8:45 am]

BILLING CODE 4910-59-P
