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Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Tireco

Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
June 11, 2015


[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33333-33334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14256]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0041; Notice 1]


Tireco, Inc., Receipt of Petition for Decision of Inconsequential 
Noncompliance

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

ACTION: Receipt of petition.

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

SUMMARY: Tireco, Inc., (Tireco) has determined that certain Tireco 
replacement tires do not fully comply with paragraph S6.5(b) of 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. Tireco has filed an appropriate report dated March 30, 
2015, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

DATES: The closing date for comments on the petition is July 13, 2015.

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 at the beginning of this notice and 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments 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 (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

[[Page 33334]]

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.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    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.

SUPPLEMENTARY INFORMATION:
    I. Tireco's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Tireco submitted a petition 
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 Tireco'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: Affected are approximately 1,600 Tireco brand 
Power King Traction size 8.25-20E/10, Power King Traction size 9.00-20 
E/10, Milestar Traction size 8.25-20 E/10, and Milestar Traction size 
9.00-20 E/10 replacement tires. These tires were manufactured between 
March 1, 2014 and March 22, 2015.
    III. Noncompliance: Tireco explains that the noncompliance is that 
the Tire Information Numbers (TINs) required to be marked on the tire 
sidewalls by paragraph S6.5(b) of FMVSS No. 119 are incomplete because 
they do not include the tire size codes required by 49 CFR part 
574.5(b).
    IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 requires in 
pertinent part:

    S6.5 Tire Markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information in 
paragraph (a) through (j) of this section. The markings shall be 
placed between the maximum section width (exclusive of sidewall 
decorations or curb ribs) and the bead on at least one sidewall, 
unless the maximum section width of the tire is located in an area 
which is not more than one-fourth of the distance from the bead to 
the shoulder of the tire. If the maximum section width falls within 
that area, the markings shall appear between the bead and a point 
one-half the distance from the bead to the shoulder of the tire, on 
at least one sidewall. The markings shall be in letters and numerals 
not less than 2 mm (0.078 inch) high and raised above or sunk below 
the tire surface not less than 0.4 mm (0.015 inch), except that the 
marking depth shall be not less than 0.25mm (0.010 inch) in the case 
of motorcycle tires. The tire identification and the DOT symbol 
labeling shall comply with part 574 of this chapter. Markings may 
appear on only one sidewall and the entire sidewall area may be used 
in the case of motorcycle tires and recreational, boat, baggage, and 
special trailer tires . . .
    (b) The tire identification number required by part 574 of this 
chapter. This number may be marked on only one sidewall.

    V. Summary of TIRECO's Analyses: Tireco state its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) Tireco believes that the absence of the tire size code from the 
TIN has no impact on the operational performance of the subject tires 
or on the safety of vehicles on which the subject tires are mounted 
because the subject tires meet or exceed all of the applicable 
performance requirements specified by FMVSS No. 119.
    (B) Tireco states that even though the size code is absent from the 
TIN, the tire size information is readily available to consumers in a 
more understandable way by virtue of the actual tire size marking on 
the sidewalls.
    (C) Tireco also states that in the unlikely event that any of the 
subject tires are ever found to contain a defect or a substantive 
noncompliance that would warrant a recall, the recalled tires could be 
adequately identified through the partial [T]IN that is stamped on the 
sidewall.
    (D) Tireco referenced inconsequentiality petitions NHTSA has 
previously granted in the past that have addressed what it believes are 
similar issues.
    Tireco is not aware of any crashes, injuries, customer complaints, 
or field reports associated with the subject noncompliance.
    Tireco has additionally informed NHTSA that the fabricating 
manufacturer has corrected the molds at the manufacturing plant so that 
no additional tires will be manufactured with the noncompliance.
    In summation, Tireco believes that the described noncompliance of 
the subject tires is inconsequential to motor vehicle safety, and that 
its petition, to exempt Tireco from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
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 Tireco no longer 
controlled at the time it determined that the noncompliance existed. 
However, 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 Tireco 
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).

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14256 Filed 6-10-15; 8:45 am]
BILLING CODE 4910-59-P

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