[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36372-36373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14422]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0119; 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 from 2007 until March 2008 did 
not fully comply with paragraph S5.5(f) 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 82,636 Dunlop SP Sport Signature 
passenger car tires that were manufactured from 2007 until March 2008 
in the following sizes:

205/55R16 91V
225/55R16 95V
205/50R17 93V
215/55R16 93V
P215/55R17 93V
205/65R15 94V
P205/60R16 91V

    Paragraph S5.5(f) of FMVSS No. 139 requires:

    S5.5 Tire Markings. Except as specified in paragraphs (a) 
through (h) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d)

[[Page 36373]]

and on one sidewall with the information specified in S5.5(e) 
through (h) 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 inch.
    (a) The symbol DOT, which constitutes a certification that the 
tire conforms to applicable Federal motor vehicle safety standards;
    (b) The tire size designation as listed in the documents and 
publications specified in S4.1.1 of this standard;
    (c) The maximum permissible inflation pressure, subject to the 
limitations of S5.5.4 through S5.5.6 of this standard;
    (d) The maximum load rating;
    (e) The generic name of each cord material used in the plies 
(both sidewall and tread area) of the tire;
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different;
    (g) The term ``tubeless'' or ``tube type,'' as applicable; and
    (h) The word ``radial,'' if the tire is a radial ply tire.

    Goodyear explains that the noncompliance is that the sidewall 
marking incorrectly identifies the number of plies in the tread of the 
tire. Specifically, the tires in question were inadvertently 
manufactured with ``Tread 3 Polyester + 2 Steel'' marked on the 
sidewall. The labeling should have been ``Tread 2 Polyester + 2 Steel + 
2 Polyester''.
    Goodyear states that it discovered the mold labeling error that 
caused the non-compliance during a routine quality audit.
    Goodyear makes the argument that the subject tires were 
manufactured with the correct number of plies in the tread and only the 
sidewall marking is incorrect.
    Goodyear also contends that all of the markings related to tire 
service (load capacity, corresponding inflation pressure, etc.) are 
correct and that the mislabeling of these tires is inconsequential to 
motor vehicle safety because the tires meet or exceed all applicable 
Federal Motor Vehicle Safety performance standards.
    Goodyear also points out that NHTSA has previously granted 
petitions for sidewall marking noncompliances that it believes are 
similar to the instant noncompliance.
    Goodyear also stated that it will correct the problem that caused 
these errors so that they will not be repeated in future production.
    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 am to 5 pm 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: July 28, 2008.

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

    Issued on: June 20, 2008.
Jeffrey Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-14422 Filed 6-25-08; 8:45 am]
BILLING CODE 4910-59-P