[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10804-10805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5277]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0119; Notice 2]


Goodyear Tire & Rubber Company, Grant 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) and the rule 
implementing those provisions 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. Notice of 
receipt of the petition was published, with a 30-day public comment 
period, on June 26, 2008 in the Federal Register (73 FR 36372). No 
comments were received. To view the petition and all supporting 
documents log onto the Federal Docket Management System Web site at: 
http://www.regulations.gov/. Then follow the online search instructions 
to locate docket number ``NHTSA-2008-0119.''
    For further information on this decision, contact Mr. George 
Gillespie, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5299, 
facsimile (202) 366-7002.
    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 in pertinent part:

    S5.5 Tire markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) 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 inches * * 
*
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different; * * *


[[Page 10805]]


    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''. (Emphasis added).
    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 Decision

    The agency agrees with Goodyear that the noncompliance is 
inconsequential to motor vehicle safety. 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 also 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 marked correctly for the number of steel 
plies, this potential safety concern does not exist.
    In consideration of the foregoing, NHTSA has decided that Goodyear 
has met its burden of persuasion that the subject FMVSS No. 139 
labeling noncompliance 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 subject noncompliance under 49 U.S.C. 30118 and 30120.

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

    Issued on: March 4, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E9-5277 Filed 3-11-09; 8:45 am]
BILLING CODE 4910-59-P