[Federal Register Volume 89, Number 165 (Monday, August 26, 2024)]
[Notices]
[Pages 68494-68496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19019]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-2020; 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.

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SUMMARY: Goodyear Tire & Rubber Company (Goodyear) has determined that 
certain Goodyear 265/70R17 116T XL Wrangler Duratrac RT passenger tires 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 139, New Pneumatic Radial Tires for Light Vehicles. Goodyear filed 
a noncompliance report dated April 2,

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2024, and subsequently petitioned NHTSA (the ``Agency'') on April 2, 
2024, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety. This document announces receipt 
of Goodyear's petition.

DATES: Send comments on or before September 25, 2024.

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 may be 
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 dockets. 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 19477-78).

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

SUPPLEMENTARY INFORMATION: 
    I. Overview: Goodyear determined that certain Goodyear Wrangler 
Duratrac RT tires do not fully comply with paragraph S5.5 of FMVSS No. 
139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139).
    Goodyear filed a noncompliance report dated April 2, 2024, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. Goodyear petitioned NHTSA on April 2, 2024, 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 
another exercise of judgment concerning the merits of the petition.
    II. Tires Involved: Approximately 3,758 Goodyear Wrangler Duratrac 
RT passenger tires, manufactured between July 16, 2023, and September 
23, 2023, were reported by the manufacturer.
    III. Rule Requirements: Paragraph S5.5(f) of FMVSS No. 139 includes 
the requirements relevant to this petition. Each tire must have one 
sidewall marked with the generic name of each cord material used in the 
plies (both sidewall and tread area) and indicate the actual number of 
plies in the sidewall, as well as the actual number of plies in the 
tread area.
    IV. Noncompliance: Goodyear explains that the noncompliance is due 
to a mold error and that as a result, the number of tread plies 
indicated on the sidewall of the subject tires does not match the 
actual number of plies in the tire construction as required by 
paragraph S5.5(f) of FMVSS No. 139. Specifically, the subject tires 
were manufactured with 2-plies polyamide cords in the tread area but 
were incorrectly marked to indicate a 1-ply polyamide cord in the tread 
area.
    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.
    Goodyear contends that the subject noncompliance is inconsequential 
to motor vehicle safety because the tires were manufactured according 
to design and meet or exceed all applicable FMVSS performance 
standards. The sidewall markings for tire service, including load 
capacity and inflation pressure are accurate. Goodyear maintains that 
the labeling error does not impact safety, tire usage, or the repair 
and recycling industries. Further, Goodyear states that the affected 
tire mold has been corrected in production and future tires will 
correctly indicate the number of plies shown on the sidewalls.
    Goodyear argues that NHTSA has previously granted petitions for 
similar noncompliances concerning tire construction information, based 
on surveys indicating that most consumers do not use tire construction 
information from the sidewall when making purchasing tires.
    Goodyear concludes by stating its belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety 
and 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,

[[Page 68496]]

any decision on this petition does not relieve tire 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. 2024-19019 Filed 8-23-24; 8:45 am]
BILLING CODE 4910-59-P