73 FR 114 pgs. 33486-33487 - Goodyear Tire Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Type: NOTICEVolume: 73Number: 114Pages: 33486 - 33487
Docket number: [Docket No. NHTSA-2008-0074; Notice 1]
FR document: [FR Doc. E8-13176 Filed 6-11-08; 8:45 am]
Agency: Transportation Department
Sub Agency: National Highway Traffic Safety Administration
Official PDF Version: PDF Version
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0074; 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 during the week of January 7, 2008 did not fully comply with 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 18 P235/55R18 99V Goodyear Eagle RS-A passenger car tires manufactured in its Lawton, Oklahoma plant during the week of January 7, 2008.
Paragraph S5.5.1(a) of FMVSS No. 139 requires:
S5.5.1 Tire identification number . (a) Tires manufactured before September 1, 2009. Each tire must be labeled with the tire identification number required by 49 CFR part 574 on a sidewall of the tire. Except for retreaded tires, either the tire identification number or a partial tire identification number, containing all characters in the tire identification number, except for the date code and, at the discretion of the manufacturer, any optional code, must be labeled on the other sidewall of the tire.
Goodyear explains that due to a mold labeling error the labeling information on the subject tires incorrectly states "NOT FOR SALE" on the intended inboard sidewall instead of the partial tire identification number (TIN) "M60Y LNER." Therefore, it is Goodyear's belief that the subject tires are not in compliance with the tire labeling requirement found in S5.5.1(a) of FMVSS No. 139.
Goodyear makes the argument that this noncompliance is inconsequential to motor vehicle safety because the tires meet or exceed all other applicable FMVSS performance standards, and that the tires were designed, manufactured and tested to the standards and regulations as applicable and they meet all regulatory performance test requirements.
Goodyear also explains its belief that the Tire Identification Number (TIN) and the partial TIN are used to properly identify tires that are involved in a safety campaign. Goodyear stated its belief that the full TIN is molded on the intended outboard sidewall of these tires and consumers could be directed to have both sidewalls inspected for the TIN if any safety campaign would be required for these tires in the future. Goodyear compared this situation to that of any tire involved in a safety campaign that required the 4-digit week and year code to determine if it were involved.
Goodyear also stated that it has corrected the problem that caused these errors so that they will not be repeated in future production.
In summation, Goodyear states that it believes that because the noncompliances are inconsequential to motor vehicle safety that no corrective action is warranted.
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.
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 a.m. to 5 p.m. 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 14, 2008.
Authority:
49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8.
Issued on: June 6, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-13176 Filed 6-11-08; 8:45 am]
BILLING CODE 4910-59-P