Notice2025-24009
Goodyear Tire & Rubber Company, Grant 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
December 30, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
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 21, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces the grant of Goodyear's petition.
Full Text
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<title>Federal Register, Volume 90 Issue 246 (Tuesday, December 30, 2025)</title>
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[Federal Register Volume 90, Number 246 (Tuesday, December 30, 2025)]
[Notices]
[Pages 61220-61221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24009]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0046; Notice 2]
Goodyear Tire & Rubber Company, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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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 21, 2021, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces the grant of Goodyear's petition.
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547,
<a href="/cdn-cgi/l/email-protection#4c262d3538232262202522282029350c282338622b233a"><span class="__cf_email__" data-cfemail="8fe5eef6fbe0e1a1e3e6e1ebe3eaf6cfebe0fba1e8e0f9">[email protected]</span></a>.
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.
Notice of receipt of Goodyear's petition was published with a 30-
day public comment period, on December 14, 2021, in the Federal
Register (86 FR 71118). 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-2021-0046.''
II. Tires Involved: Approximately 534 Goodyear Convenience Spare
tires, size T155/70D17 110M SL, manufactured between February 15, 2021,
and April 8, 2021, were reported by the manufacturer.
III. 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. Paragraph 4.3(c) specifies the maximum load rating.
IV. Noncompliance: Goodyear explains that the noncompliance is that
the subject tires incorrectly state the maximum load in kg on one
sidewall 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
``Max Load 1,080 kg (2,337 lbs)'', when they should have been marked
with ``Max Load 1,060 kg (2,337 lbs)''.
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 and do not
reflect the views of the Agency. Goodyear describes the subject
noncompliance and contends that the
[[Page 61221]]
noncompliance is inconsequential as it relates to motor vehicle safety.
In support of its petition, Goodyear submitted the following
reasoning:
1. Goodyear says that ``the subject tires were manufactured as
designed and meet or exceed'' the relevant FMVSSs.
2. Goodyear also 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, ``[t]he 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
1,080 kg in place of Max Load 1,060 kg met the performance requirements
of FMVSS No. 109 for endurance and high speed when tested at the 1,080
kg load.''
5. Goodyear says 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. Goodyear says 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.'' Further, Goodyear claims, 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.
VI. NHTSA's Analysis: In determining inconsequentiality of a
noncompliance, NHTSA focuses on the safety risk to individuals who
experience the type of event against which a recall would otherwise
protect.\1\ In general, NHTSA does not consider the absence of
complaints or injuries when determining if a noncompliance is
inconsequential to safety. The absence of complaints does not mean
vehicle occupants have not experienced a safety issue, nor does it mean
that there will not be safety issues in the future.\2\ Further, because
each inconsequential noncompliance petition must be evaluated on its
own facts and determinations are highly fact-dependent, NHTSA does not
consider prior determinations as binding precedent. Petitioners are
reminded that they have the burden of persuading NHTSA that the
noncompliance is inconsequential to safety.NHTSA has evaluated the
merits of Goodyear's petition and based on the specific facts of this
case, believes that the incorrect max load value in kilograms (kg)
marked on one sidewall on the subject tires is not consequential to
safety given the totality of fact and circumstances detailed below:
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\1\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\2\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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<bullet> The affected population of tires were sent to vehicle
manufacturers for use as T-type spares for specific vehicles. These
tires, though incorrectly marked, were designed to meet or exceed the
vehicle loading conditions of the vehicles on which they were sold. For
this reason, NHTSA believes that the tires are unlikely to be
overloaded.
<bullet> None of the affected tires were sent to distributors for
sale in the replacement market where the incorrect load value could
lead to overloading if tire users relied upon the incorrect maximum
load marked on the tire.
<bullet> NHTSA has no basis to believe that the subject tires do
not meet the performance requirements of FMVSS No. 109. Additionally,
Goodyear stated that the affected population meets the performance
requirements of FMVSS No. 109 when tested at the maximum load value of
1080kg.
<bullet> Any potential risk to the public is further reduced
because T-type temporary use spare tires are not frequently used, and
when used are only intended for short duration use until a flat tire
can be repaired or replaced.
<bullet> If the spare tires need to be replaced, the correct load
index value ``110'' is marked on both sidewalls of the subject tires.
<bullet> The maximum load expressed in pounds (lbs) is correct on
both sidewalls. The maximum load expressed in kilograms (kg) is correct
on one sidewall.
<bullet> Because the subject tires are exclusively sold as original
equipment items on new vehicles, the traceability of these tires is
through the registration of vehicles vs. registration of the tires
themselves. Additionally, the TIN is unaffected meaning that consumers
will be able to identify the tires in the event of a safety recall.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that Goodyear has met its burden of persuasion that the subject
FMVSS No. 109 noncompliance in the affected tires is inconsequential to
motor vehicle safety. Accordingly, Goodyear's petition is hereby
granted and Goodyear is consequently exempted from the obligation of
providing notification of, and a free remedy for, that noncompliance
under 49 U.S.C. 30118 and 30120.
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, this decision
only applies to the subject tires that Goodyear no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of 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. 2025-24009 Filed 12-29-25; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on December 30, 2025.
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