Notice2022-13364
Goodyear Tire & Rubber Company, Denial of Petition for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 23, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Goodyear Tire & Rubber Company (Goodyear), has determined that certain Kelly Armorsteel KDM 1 commercial truck tires do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and Motorcycles. Goodyear petitioned NHTSA on November 25, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and filed a noncompliance report dated November 26, 2019. This document announces and explains the denial of Goodyear's petition.
Full Text
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<title>Federal Register, Volume 87 Issue 120 (Thursday, June 23, 2022)</title>
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[Federal Register Volume 87, Number 120 (Thursday, June 23, 2022)]
[Notices]
[Pages 37555-37556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13364]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0130; Notice 2]
Goodyear Tire & Rubber Company, Denial of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of petition denial.
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SUMMARY: Goodyear Tire & Rubber Company (Goodyear), has determined that
certain Kelly Armorsteel KDM 1 commercial truck tires do not comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536
kilograms (10,000 pounds) and Motorcycles. Goodyear petitioned NHTSA on
November 25, 2019, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety, and filed a
noncompliance report dated November 26, 2019. This document announces
and explains the denial of Goodyear's petition.
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Office of Vehicle
Safety Compliance, NHTSA, telephone (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview: Goodyear has determined that certain Kelly Armorsteel
KDM 1 commercial truck tires do not fully comply with paragraph S6.5 of
FMVSS No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of
More than 4,536 kilograms (10,000 pounds) and Motorcycles (49 CFR
571.119). Goodyear petitioned NHTSA on November 25, 2019, 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. Goodyear filed a noncompliance report dated November 26,
2019, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
Notice of receipt of Goodyear's petition was published with a 30-
day public comment period in the Federal Register (85 FR 35994, June
12, 2020). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Then follow the online
search instructions to locate docket number ``NHTSA-2019-0130.''
II. Tires Involved: Approximately 76 Kelly Armorsteel KDM 1
commercial truck tires, size 11/R22.5 LRH, manufactured between August
25, 2019, and August 31, 2019, are potentially involved.
III. Noncompliance: Goodyear explained that the noncompliance is
that the Tire Identification Number (TIN) on the subject tires contains
a date code that was engraved less than the required depth of 0.51 mm
(0.02 inch) and, therefore, does not meet the requirements of paragraph
S6.5 of FMVSS No. 119.
IV. Rule Requirements: Paragraph S6.5 of FMVSS No. 119 includes the
requirements relevant to this petition. Each tire shall be marked on
each sidewall with the information specified in paragraphs (a) through
(j) of this section. The markings shall comply with part 574.5 Tire
Identification Markings which requires, among other things, that the
markings be permanently molded 0.51 mm (0.02 inch) to 1.02 mm (0.04
inch) deep.
V. Summary of Goodyear's Petition: The following views and
arguments presented in this section are the views and arguments
provided by Goodyear. They do not reflect the views of the Agency.
Accordingly, Goodyear described the subject noncompliance and
stated that the noncompliance is inconsequential as it relates to motor
vehicle safety.
1. Goodyear believes this noncompliance is inconsequential to motor
vehicle safety because these tires were manufactured as designed and
meet or exceed all applicable FMVSS. All of the sidewall markings
related to tire service (load capacity, corresponding inflation
pressure, etc.) are correct. The mislabeling and irregular date code is
not a safety concern and has no impact on the retreading, repairing,
and recycling industries. The affected date code stencil has been
corrected, and all future production will not contain the irregularity
in the date code.
2. Goodyear states that the date code portion of the TIN becomes
important in
[[Page 37556]]
the event of a safety campaign, so that the consumer may properly
identify the recalled tire(s). Goodyear states that in the unlikely
event that a safety campaign would ever become necessary for this Kelly
Armorsteel KDM 1 11/R22.5 LRH commercial truck tire made in the 34th
week of 2019, it would include in the listing of recalled TINs the TIN
for these tires with the date code portion as shown: MJ3TK2BW3419, as
well as the TIN for these tires with the date code portion omitted as
shown: MJ3TK2BW, so that the consumer would know that tires with this
TIN are included in the recall even if they have difficulty reading the
date code portion because it is not raised to the 0.51 mm level.
Goodyear concluded by expressing the belief 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.
VI. NHTSA's Analysis: NHTSA does not agree with Goodyear's
assessment that the noncompliance with FMVSS No. 119 is inconsequential
to motor vehicle safety. As discussed below, the tire markings required
by paragraph S6.5 (b) of FMVSS No. 119 provide valuable information
about the tire. Goodyear does not provide information on the actual
engraved depth of the date code, other than stating it is less than the
required depth of 0.51 mm (0.02 inch). However, an exemplar photo
provided by Goodyear in its petition shows that it is more than a de
minimus deviation from the required depth and illustrates that the date
code is very difficult or impossible to read.
NHTSA recognizes that Goodyear has addressed one safety related
concern by ensuring that the subject tires with the insufficient date
code depth will be included in any relevant future recall. However, the
Agency finds that this measure does not address all safety concerns
associated with a missing or illegible date code.
A significant source of tire related accidents is tire age. This is
especially a concern in recreational vehicles (RVs) on which the
subject tires could be installed because of the tire's size. RVs often
sit in storage, unused, for extensive periods of time. NHTSA's website
provides guidance for replacing a tire due to age and states the
following: ``As tires age, they are more prone to failure. Some vehicle
and tire manufacturers recommend replacing tires that are six to 10
years old regardless of treadwear.'' \1\ In the case of the subject
tires, the insufficient date code depth makes the date code challenging
to read, and the date code may become completely illegible with wear.
This will prevent consumers from making informed decisions related to
the age of the tire, which may lead to prolonged usage and increased
risk of accidents.
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\1\ <a href="https://www.nhtsa.gov/equipment/tires">https://www.nhtsa.gov/equipment/tires</a> (``Should I replace my
tires?'')
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Finally, Goodyear stated and believes this noncompliance is
inconsequential to motor vehicle safety because these tires were
manufactured as designed and meet or exceed all applicable Federal
Motor Vehicle Safety Standards. Further, Goodyear stated all the
sidewall markings related to tire service (load capacity, corresponding
inflation pressure, etc.) are correct. NHTSA does not find these
arguments to be relevant to the safety concerns presented by the
noncompliance because they do not relate to the information provided by
the date code.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that Goodyear has not met its burden of persuasion that the
subject FMVSS No. 119 noncompliance is inconsequential to motor vehicle
safety. Accordingly, Goodyear's petition is hereby denied and Goodyear
is consequently obligated to provide notification of and free remedy
for that noncompliance under 49 U.S.C. 30118 and 30120.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Anne L. Collins,
Associate Administrator for Enforcement.
[FR Doc. 2022-13364 Filed 6-22-22; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on June 23, 2022.
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