[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71118-71120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26981]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0046; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Goodyear Tire & Rubber Company (Goodyear), has determined that 
certain Goodyear Convenience Spare tires do not fully comply with 
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New Pneumatic 
and Certain Specialty Tires. Goodyear filed an original noncompliance 
report dated June 8, 2021, and subsequently, Goodyear petitioned NHTSA 
on June

[[Page 71119]]

21, 2021, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of Goodyear's petition.

DATES: Send comments on or before January 13, 2022.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the 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 a.m. to 5 p.m. 
except for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the docket. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-8).

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.

SUPPLEMENTARY INFORMATION:

I. Overview

    Goodyear has determined that certain Goodyear Convenience Spare 
tires do not fully comply with the requirements of paragraph S4.2.1(c) 
and S4.3(c) of FMVSS No. 109, New Pneumatic and Certain Specialty Tires 
(49 CFR 571.109). Goodyear filed a noncompliance report dated June 8, 
2021, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Goodyear subsequently petitioned NHTSA on 
June 21, 2021, for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    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.

II. Tires Involved

    Approximately 534 Goodyear Convenience Spare tires, size T155/70D17 
110M SL, manufactured between February 15, 2021, and April 8, 2021, are 
potentially involved.

III. Noncompliance

    Goodyear explains that the noncompliance is that the subject tires 
incorrectly state the maximum load in kg on one side of the tire and, 
therefore, do not comply with the requirements specified in paragraphs 
S4.2.1(c) and S4.3(c) of FMVSS No. 109. Specifically, the subject tires 
are marked on one sidewall with a Maximum Load of 1080 kg, when they 
should have been marked with a Maximum Load of 1060 kg.

IV. Rule Requirements

    Paragraphs S4.2.1(c) and S4.3(c) of FMVSS No. 109 include the 
requirements relevant to this petition. Each tire shall conform to each 
of the following: Its load rating shall be that specified in a 
submission made by an individual manufacturer, pursuant to paragraph 
S4.2.1(a), or in one of the publications described in paragraph 
S4.4.1(b) for its size designation, type, and each appropriate 
inflation pressure. If the maximum load rating for a particular tire 
size is shown in more than one of the publications described in 
paragraph S4.4.1(b), each tire of that size designation shall have a 
maximum load rating that is not less than the published maximum load 
rating, or if there are differing maximum load ratings for the same 
tire size designation, not less than the lowest published maximum load 
rating. Except as provided in paragraphs S4.3.1 and S4.3.2 of this 
standard, each tire, except for those certified to comply with 
paragraph S5.5 of Sec.  571.139, shall have permanently molded into or 
onto both sidewalls, in letters and numerals not less than 0.078 inches 
high, the information shown in paragraphs S4.3 (a) through (g) of this 
standard. (c) Maximum load rating.

V. Summary of Goodyear's Petition

    The following views and arguments presented in this section, ``V. 
Summary of Goodyear's Petition,'' are the views and arguments provided 
by Goodyear. They have not been evaluated by the Agency and do not 
reflect the views of the Agency. Goodyear describes the subject 
noncompliance and contends that the noncompliance is inconsequential as 
it relates to motor vehicle safety.
    In support of its petition, Goodyear submitted the following 
reasoning:
    1. The subject tires were manufactured as designed and meet or 
exceed all applicable FMVSSs.
    2. Goodyear states the subject tires are original equipment on 
several Toyota and Subaru vehicle models and were designed and 
manufactured to meet or exceed the specified vehicle loading conditions 
as specified by the vehicle manufacturers.
    3. According to Goodyear, the 110 numerical Load Index marked on 
the tire as part of the Service Description (110M) is correct as 
marked.
    4. Goodyear claims the subject tires that were mismarked Max Load 
1080 kg in place of Max Load 1060 kg met the performance requirements 
of FMVSS No. 109 for endurance and high speed when tested at the 1080 
kg load.

[[Page 71120]]

    5. The subject tires are marked correctly for Max Load in pounds on 
both sides of the tire. Further, Goodyear says the subject tires are 
primarily sold in the domestic original equipment market, where the 
load in pounds would be the predominant consumer unit of measurement.
    6. The subject tires are marked in letters 20-mm high ``TEMPORARY 
USE ONLY'' as they are convenience spare tires.
    7. Goodyear contends that NHTSA has previously granted petitions 
for similar noncompliances related to tire loading labeling information 
on tires and previous NHTSA surveys have shown most consumers do not 
base tire purchases on tire labeling information found on the tire 
sidewall. Since the subject tires are temporary use only spare tires, 
any considerations about what information consumers rely on for tire 
purchases is even less of a concern.
    Goodyear concludes that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety and that its 
petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    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, any decision on 
this petition only applies to the subject tires that Goodyear no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve equipment 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant tires under their control after Goodyear 
notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-26981 Filed 12-13-21; 8:45 am]
BILLING CODE 4910-59-P