Grote Industries, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

Topics:  Grote

Jeffrey M. Giuseppe
Federal Motor Carrier Safety Administration
January 23, 2015

[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3735-3737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01037]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0093; Notice 2]


Grote Industries, LLC, 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: Grote Industries, LLC (Grote), has determined that certain 
Grote bulk nylon air brake tubing manufactured during the period 
December 2013 to March 2014 does not fully comply with paragraph S11.2 
of Federal Motor Vehicle Safety Standard (FMVSS) No. 106; Brake Hoses. 
Grote has filed an appropriate report dated June 13, 2014, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Luis 
Figueroa, Office of Vehicle Safety Compliance, National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5298, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. Grote's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and the rule implementing those provisions at 49 CFR part 556, Grote 
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.
    Notice of receipt of Grote's petition was published, with a 30-Day 
public comment period, on September 15, 2014 in the Federal Register 
(79 FR 55066). One comment was received but was removed from the docket 
because its content was not relevant to the petition. To view the 
petition and all supporting documents log onto the Federal Docket 
Management System (FDMS) Web site at: http://www.regulations.gov/. Then 
follow the online search instructions to

[[Page 3736]]

locate docket number ``NHTSA-2014-0093.''
    II. Equipment Involved: Affected are approximately 869 spools of 
Grote nylon air brake tubing that was manufactured during the period 
December 2013 to March 2014.
    III. Noncompliance: Grote explains that the noncompliance is that, 
due to a production error, the affected air brake tubing is not 
properly marked in accordance with paragraph S11.2.1(a) of FMVSS No. 
106, which requires plastic air brake tubing to be marked with a 
designation that identifies the manufacturer of the tubing. In 
addition, some of the tubing also does not comply with paragraph 
S11.2.1(e) of FMVSS No. 106 which requires plastic air brake tubing to 
be marked with the letter ``A'' to indicate intended use in air brake 
systems. Specifically, all of the subject brake tubing was mismarked 
with the number ``1913'' in addition to ``GROTE'' and some of the 
tubing was also mismarked with the letter ``B,'' instead of the letter 
``A.''
    IV. Rule Text: Paragraph S11.2 of FMVSS No. 106 requires in 
pertinent part:

    S11.2 Labeling.
    S11.2.1 Plastic air brake tubing. Plastic air brake tubing shall 
be labeled, or cut from bulk tubing that is labeled, at intervals of 
not more than 6 inches, measured from the end of one legend to the 
beginning of the next, in block capital letters and numerals at 
least one-eighth of an inch high, with the information listed in 
paragraphs (a) through (e) of this section. The information need not 
be present on tubing that is sold as part of a motor vehicle.
    (a) The symbol DOT, constituting a certification by the hose 
manufacturer that the hose conforms to all applicable motor vehicle 
safety standards. . . .
    (e) The letter ``A'' shall indicate intended use in air brake 
systems.

    V. Summary of Grote's Analyses: Grote stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    Grote believes that these labeling noncompliances are 
inconsequential to motor vehicle safety because both the manufacturer 
designation and the intended use are otherwise clearly marked on the 
tubing.
    Grote stated its belief that the purpose of the manufacturer 
identification requirement is to permit identification of products in 
the event of a product recall. If a recall of the subject air brake 
tubing was to become necessary the affected tubing could easily be 
identified by the GROTE name, which is conspicuously marked on all of 
the affected tubing.
    Grote also stated its belief that the manufacturer associated with 
the identification number ``1913'' has not existed since 1977 and are 
are not aware of any manufacturer currently marketing air brake tubing 
under the ``Samuel Moore'' brand.\1\
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    \1\ After receiving Grote's petition, based on a submission from 
Eaton Corporation, NHTSA revised its records to indicate that the 
brake hose manufacturer identification ``1913'' ceded to Eaton 
Corporation due to its acquisition of Moore, Samuel, and Company, 
Synflex Division.
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    The purpose of the ``A'' letter designation requirement is to 
indicate that the product is intended for use in air brake 
applications. As noted above, some of the products are marked as ``SAE 
J844 Type B'' instead of the letter ``A.'' Type B tubing is an SAE J844 
designation that identifies reinforced air brake tubing. This 
designation is widely recognized among truck maintenance and service 
personnel. Regardless, the subject hose is also clearly and prominently 
marked with the phrase, ``GROTE AIR BRAKE,'' eliminating any possible 
confusion or misunderstanding as to the intended application of the 
product.
    In addition, Grote stated its belief that NHTSA has made analogous 
inconsequentiality determinations in similar situations related to 
other products where a required label was missing, but the product 
contained other markings that conveyed the same or similar information. 
See Bridgestone Americas Tire Operations, LLC, Grant of Petition for 
Decision of Inconsequential Noncompliance, 78 FR 35357 (June 12, 2013); 
Bridgestone Americas Tire Operations, LLC, Grant of Petition for 
Decision of Inconsequential Noncompliance, 71 FR 4396 (Jan. 26, 2006); 
and Delphi Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance, 69 FR 41331 (July 8, 2004).
    Grote also informed NHTSA that it has corrected the noncompliance 
so that all future production nylon air brake tubing will comply with 
FMVSS No. 106.
    In summation, Grote believes that the described noncompliance of 
the subject nylon air brake tubing is inconsequential to motor vehicle 
safety, and that its petition, to exempt Grote 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 Decision

    NHTSA Analysis: FMVSS No. 106 specifies labeling and performance 
requirements for brake hoses and plastic air brake tubing. Paragraph 
S11.2 of the standard requires, in addition to other labeling 
requirements, that the manufacturer label air brake tubing with a 
designation that identifies the manufacturer (this designation is filed 
in writing with the NHTSA's Office of Vehicle Safety Compliance,) and 
the letter ``A'' to indicate intended use in air brake systems.
    Grote states that the affected is marked with the manufacturer's 
designation ``GROTE'' along with the digits ``1913.'' In addition, some 
of the affected tubing is also marked with the letter ``B'' as opposed 
to the letter ``A'' to indicate use in air brake systems.
    The purpose of the manufacturer designation label is to identify 
the manufacturer in the event of safety related issues with the brake 
hose. In this case the manufacturer's designation, ``GROTE'' is printed 
next to the following words ``AIR BRAKE TUBING.'' NHTSA believes that 
this labeling should make it readily apparent that Grote is the 
manufacturer of the tubing. Should someone attempt to use the ``1913'' 
number to identify the manufacturer of the tubing, the manufacturer 
identified by that designation in NHTSA's publically available 
manufacturer database, Eaton Corporation, should be able to verify that 
it was not the manufacturer of the tubing leaving Grote as the 
manufacturer to be contacted.
    For those brake hoses printed with the letter ``B'' instead of 
``A'', the words ``AIR BRAKE TUBING'' printed on the tubing indicates 
that the tubing is intended for use in air brake systems. In addition, 
FMVSS No. 106 does not associate any meaning to a ``B'' marking on 
brake hoses or tubes.
    NHTSA Decision: In consideration of the foregoing, NHTSA has 
decided that Grote has met its burden of persuasion that the FMVSS No. 
106 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Grote's petition is hereby granted and Grote is exempted 
from the obligation of providing notification of, and a 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, any decision on 
this petition only applies to the subject air brake tubing that Grote

[[Page 3737]]

no longer controlled at the time it determined that the noncompliance 
existed. However, the granting of this petition does not relieve Grote 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant air brake tubing under their control after 
Grote 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 M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-01037 Filed 1-22-15; 8:45 am]
BILLING CODE 4910-59-P