[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41475-41476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14108]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21267; 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 in 2002-2004 do not comply with S4.3(d) 
of 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 a petition was published, with a 30-day 
comment period, on May 31, 2005, in the Federal Register (70 FR 31006). 
NHTSA received one comment.
    Affected are a total of approximately 6117 Eagle F1 Supercar tires 
in four different sizes, manufactured from January 2002 to December 
2004. S4.3(d) of FMVSS No. 109 requires that ``each tire shall have 
permanently molded into or onto both sidewalls * * * (d) The generic 
name of each cord material used in the plies (both sidewall and tread 
area) of the tire.'' The labeling information on the noncompliant tires 
incorrectly states that one of the tire reinforcement materials is 
NYLON when the actual material in these tires is ARAMID.
    Goodyear believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Goodyear states that the mislabeling creates no unsafe condition. 
Goodyear further states that all of the markings related to tire 
service including load capacity and corresponding inflation pressure 
are correct, and that the tires meet or exceed all applicable FMVSS 
performance requirements.
    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 Federal Register on December 1, 2000 
(65 FR 75222).
    The agency received more than 20 comments on the tire labeling

[[Page 41476]]

information required by 49 CFR sections 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. (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.) 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 tire labeling information found on the side of 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.
    One comment favoring denial was received from a private individual. 
The issue to be considered in determining whether to grant this 
petition is the effect of the noncompliance on motor vehicle safety. 
The comment does not address this issue, and therefore has no bearing 
on NHTSA's determination.
    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: July 13, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-14108 Filed 7-18-05; 8:45 am]
BILLING CODE 4910-59-P