
[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Notices]               
[Page 1760-1761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja09-122]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0213; 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 period January 25, 
2007 through July 24, 2008 do not fully comply with paragraph S5.5(e) 
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.
    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 approximately 9,864 size 245/45R17 95H Fierce HP brand 
passenger car tires manufactured during the period January 25, 2007 
through July 24, 2008.
    Paragraph S5.5(e) of FMVSS No. 139 requires in pertinent part:

    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;* * *

    Goodyear explains that the noncompliance is that the sidewall 
marking incorrectly identifies the generic material of the plies in the 
body of the tire as Nylon when they are in fact polyester. 
Specifically, the tires in question were inadvertently manufactured 
with ``Tread: 1 Polyester + 2 Steel Cords + 1 Nylon Cord. The labeling 
should have been ``Thread: 1 Polyester Cord + 2 Steel Cords + 1 
Polyester Cord'' (emphasis added).
    Goodyear states that it discovered the mold labeling error that 
caused the non-compliance during a routine quality audit.
    Goodyear argues that the noncompliance is inconsequential to motor 
vehicle safety because the tires meet or exceed all applicable Federal 
Motor Vehicle Safety performance standards. All of the markings related 
to tire service (load capacity, corresponding inflation pressure, etc.)

[[Page 1761]]

are correct. The mislabeling of these tires creates no unsafe 
condition.
    Goodyear states that the affected tire molds have been modified and 
all future production will have the correct material information shown 
on the sidewall.
    Goodyear also points out that NHTSA has previously granted 
petitions for sidewall marking noncompliances that it believes are 
similar to the present noncompliance.
    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. Therefore, these provisions 
only apply to vehicles and equipment that have already passed from the 
manufacturer to an owner, purchaser, or dealer.
    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: February 12, 2009.

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

    Issued on: January 8, 2009.
Claude H. Harris
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-517 Filed 1-12-09; 8:45 am]

BILLING CODE 4910-59-P
