[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Pages 69027-69028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26103]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-19103; Notice 2]


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

    The Goodyear Tire and Rubber Company (Goodyear) has determined that 
certain tires it produced in 2004 do not comply with S4.3(e) of 49 CFR 
571.109, 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 petition was published, with a 30-
day comment period, on October 8, 2004, in the Federal Register (69 FR 
60459). NHTSA received no comments.
    A total of approximately 3,793 tires are involved. These include 
approximately 1,075 Kelly Charger HPT 235/45R18 tires manufactured from 
May 18, 2004, to May 27, 2004, and approximately 2,718 Essenza 210 Type 
R 235/45R18 tires manufactured from July 15, 2004, to August 15, 2004. 
Paragraph S4.3 of FMVSS No. 109 requires ``each tire shall have 
permanently molded into or onto both sidewalls * * * (e) Actual number 
of plies in the sidewall, and the actual number of plies in the tread 
area if different.'' The affected tires are incorrectly labeled to 
state that there is one nylon ply in the tread area when the actual 
number of nylon plies is two.
    Goodyear believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted, 
because the mislabeling of these tires creates no unsafe condition. 
Goodyear states that the tires meet or exceed all applicable FMVSS 
performance requirements. In addition, Goodyear says that all markings 
related to tire service, including load capacity and corresponding 
inflation pressure, are correct.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Public Law 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

[[Page 69028]]

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 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 Goodyear'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. 109 
and all other informational markings as required by FMVSS No. 109 are 
present. Goodyear has corrected the problem.
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    \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.
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    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.

    Issued on: November 18, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-26103 Filed 11-24-04; 8:45 am]
BILLING CODE 4910-59-P