Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Tireco
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Jeffrey Giuseppe
National Highway Traffic Safety Administration
June 24, 2015
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36406-36407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15425]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0028; 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.
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SUMMARY: Tireco, Inc. (Tireco) has determined that certain Milestar
brand replacement medium truck tires do not fully comply with paragraph
S6.5(j), and in some cases also paragraph S6.5(d), of Federal Motor
Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for
Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 Pounds) and
Motorcycles. Tireco has filed an appropriate report dated February 5,
2015, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
DATES: The closing date for comments on the petition is July 24, 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 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. In a letter dated May 7, 2015,
Tireco also submitted a supplement to its petition.
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. Replacement Tires Involved: Affected are approximately 31,316
Milestar brand medium truck replacement tires that were imported by
Tireco and manufactured by Shandong Wanda Boto Tyre Co, LTD in China
between June 3, 2013 and January 25, 2015. Refer to Tireco's 49 CFR
part 573 report for detailed descriptions of the affected tires.
III. Noncompliance: Tireco states that the subject tires do not
comply with paragraph S6.5(j) of FMVSS No. 119 because they are marked
the letter ``J'' instead of the letter ``L'' to designate the tire's
load range, or are not marked with any load range letter. In addition,
some of the affected tires also do not fully comply with paragraph
S6.5(d) of FMVSS No. 119 because, while the proper maximum load ratings
and pressures are specified correctly on the sidewalls for both single
and dual applications, both ratings are identified as ``DUAL.'' The
first rating should have been identified as ``SINGLE.''
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 specified
in paragraphs (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. . . .
[[Page 36407]]
(d) The maximum load rating and corresponding inflation pressure
of the tire, show as follows:
(Mark on tires rated for single and dual load): Max load single
__kg (__lb) at __kPa (__psi) cold. Max load dual __kg (__lb) at
__kPa (__psi) cold.
(Mark on tires rated only for single load): Max load __kg (__lb)
at __kPa (__psi) cold. . . .
(j) The letter designating the tire load range.
V. Summary of Tireco's Analyses: Tireco believes that the absence
of the load range marking on some of the subject tires causes little or
no risk of overloading of the tires by an end-user because the tires
are marked with the correct number of plies, the correct load index and
the correct maximum load values which Tireco believes provide
equivalent information. Tireco also states that it has found one
previous inconsequential noncompliance petition (see 79 FR 78562
(December 30, 2014)) in which the agency addressed the issue of a
missing load range marking and believes that the agency should apply
the same rationale in the case of the its petition.
In the case of the subset of affected tires marked with the
incorrect load range letter ``J,'' Tireco believes there is no safety
consequence since the tires actually were designed and manufactured to
be stronger than load range ``J'' tires (which are constructed with two
fewer plies). Thus, there is no risk that the incorrect marking would
lead to overloading by an end-user. Moreover, the paper label attached
to each of the tires, which must remain attached until the time of
sale, contains the correct load range information, so there is little,
if any, possibility that a purchaser will be misled.
In the case of the subset of affected tires that can be used in
single or dual configuration, Tireco believes that the fact that both
of the ratings were labeled as applicable to ``DUAL'' applications
cannot realistically create a safety problem. Particularly since the
tires are correctly marked with the correct maximum load capacity and
inflation pressure in accordance with The Tire and Rim Association 2014
Year Book. Tireco also believes that any prospective purchaser of these
tires, any operator of a truck equipped with these tires, and any tire
retailer would immediately recognize that the first rating, ``1800Kg
(3970LBS) AT 760 KPa (110 PSI) COLD,'' applies to the ``single''
configuration, and the second rating, ``1700Kg (3750LBS) AT 760 kPa
(110 PSI) COLD,'' applies to the ``dual'' configuration. Such persons
are fully aware that for all medium truck tires designed to be used in
both single and dual configurations, the maximum load and corresponding
pressure applicable to the single configuration is listed above the
information applicable to the dual configuration. Such persons also
would be aware that there could be no valid reason to have two
different maximum loads for the dual configuration, and thus would
immediately understand that the first load rating was meant to apply
when the tire was utilized in a single configuration. Moreover, since
the applicable inflation pressure is the same for both configurations,
there is no risk that the mismarking would cause an operator to
improperly inflate any of the tires. Tireco states that when a tire is
designed for use in both single and dual configurations, FMVSS No. 119
requires that compliance testing be conducted based on the higher, more
punishing tire load. Accordingly, Tireco believes that the tires will
perform safely in both configurations. Tireco also believes that this
principle was relied upon in grants of two similar petitions filed by
Michelin North America, Inc. See 71 FR 77092 (December 22, 2006) and 69
FR 62512 (October 26, 2004).
In addition, Tireco stated its belief that all of tires covered by
this petition meet or exceed the performance requirements of FMVSS No.
119, as well as the other labeling requirements of the standard.
Tireco is not aware of any crashes, injuries, customer complaints,
or field reports associated with the subject mislabelings.
As soon as Tireco became aware of the noncompliance, it immediately
isolated the noncompliant inventory in Tireco's warehouses to prevent
any additional sales. Tireco will bring all of the noncompliant tires
into full compliance with the requirements of FMVSS No. 119, or else
the tires will be scrapped. Tireco also believes that the fabricating
manufacturer has corrected the molds at the manufacturing plant, so 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 equipment
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. 2015-15425 Filed 6-23-15; 8:45 am]
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