[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Page 12195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5744]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-16464; Notice 2]


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

    The Goodyear Tire & Rubber Company (Goodyear) has determined that 
certain tires it manufactured from 1998 to 2003 do not comply with 
S6.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ``New 
pneumatic tires for vehicles other than passenger cars.'' 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 a 
petition was published, with a 30-day comment period, on December 3, 
2003, in the Federal Register (68 FR 67739). NHTSA received no 
comments.
    S6.5(f) of FMVSS No. 119 requires that each tire shall be marked on 
each sidewall with ``the actual number of plies.'' Goodyear produced 
37,980 LT265/75R16 Wrangler RT/s LR-E tires during the period from 
February 1, 1998 to May 31, 2003, which do not comply with FMVSS No. 
119, S6.5(f). These tires were marked with 3 plies in the sidewall 
while there were actually 2 plies in the sidewall.
    Goodyear stated that this error occurred when these tires replaced 
the previous tires that had 3 plies in the sidewall. The new tires were 
changed to 2 plies but the mold drawing and specification were not 
revised to reflect this change.
    Goodyear believes that this noncompliance is inconsequential to 
motor vehicle safety because the tires meet or exceed all applicable 
FMVSS performance standards, and all markings related to tire service 
(load capacity, corresponding inflation pressure, load range, etc.) are 
correct. Goodyear asserts that the mislabeling noted above creates no 
unsafe condition.
    The agency agrees with Goodyear's statement that the incorrect 
designation of 3 plies when there were actually 2 plies on each tire 
does not present a serious safety concern. 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. The safety of 
people working in the tire retread, repair, and recycling industries 
must also be considered.
    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 number of plies in a tire.
    The agency 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 not of steel cord construction, but are 
actually polyester, this potential safety concern does not exist.
    In addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 119. All other informational markings as 
required by FMVSS No. 119 are present. Goodyear has also corrected the 
problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described 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 
noncompliance.
(Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 
1.50 and 501.8)

Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-5744 Filed 3-12-04; 8:45 am]
BILLING CODE 4910-59-P