Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Tireco
|
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]
-----------------------------------------------------------------------
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