[Federal Register Volume 68, Number 22 (Monday, February 3, 2003)]
[Notices]
[Pages 5335-5336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2425]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13242; Notice 2]


Goodyear Tire & Rubber Company, Grant of Application for Decision 
That Noncompliance Is Inconsequential to Motor Vehicle Safety

    Goodyear Tire & Rubber Company (Goodyear) has determined that 
approximately 2,400 of the 66,697 P275/55R20 Eagle LS and P245/70R16 
Wrangler SRA tires manufactured and shipped during the period May 25, 
2002 to June 16, 2002, do not meet the labeling requirements mandated 
by Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New 
pneumatic tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Goodyear has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.'' Notice of receipt of the application was published, with a 
30-day comment period, on September 5, 2002, in the Federal Register 
(67 FR 56873). NHTSA received no comment on this application.
    FMVSS No. 109 (S4.3(d)) requires that each tire shall have 
permanently molded the generic name of each cord material used in the 
plies (both sidewall and tread area) of the tire.
    From May 25, 2002, to June 16, 2002, Goodyear produced and cured a 
maximum of 2,400 tires with an erroneous marking. These tires were 
marked with the cord material identified as polyester when it was 
actually nylon.
    Goodyear states that the subject tires have been tested and the 
results indicate that all performance requirements of FMVSS No. 109 
were met or exceeded. Goodyear considers this to be an isolated case. 
Goodyear has put into effect additional quality steps to ensure that 
only the correct fabric and its corresponding marking are used in the

[[Page 5336]]

future. Goodyear stated that the noncompliance is one solely of 
labeling.
    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 Sec. Sec.  571.109 and 
119, part 567, part 574, and part 575. With regard to the tire 
construction labeling requirements of FMVSS 109, S4.3(d), most 
commenters indicated that the information was of little or no safety 
value to consumers. However, according to the comments, when tires are 
processed for retreading or repairing, it is important for the 
retreader or repair technician to understand the make-up of the tires 
and the types of plies. This enables them to select the proper repair 
materials or procedures for retreading or repairing the tires. A steel 
cord radial tire can experience a circumferential or ``zipper'' rupture 
in the upper sidewall when it is operated underinflated or overloaded. 
If information regarding the number of plies and cord material is 
incorrect or removed from the sidewall, technicians cannot determine if 
the tire has a steel cord sidewall ply. This information is critical 
when determining if the tire is a candidate for a zipper rupture. In 
this case, since the tires are not of steel cord construction, but are 
actually nylon (though marked polyester), this potential safety concern 
does not exist.
    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 
(e.g., cord material in the sidewall) provided on the tire sidewall 
when deciding to buy a motor vehicle or tire.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety in this case is the effect of the noncompliance on 
the operational safety of vehicles on which these tires are mounted. 
This labeling noncompliance has no effect on the performance of the 
subject tires.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, its application 
is granted and the applicant is exempted from providing the 
notification of the noncompliance as required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

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

    Issued on: January 28, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-2425 Filed 1-31-03; 8:45 am]
BILLING CODE 4910-59-P