Tireco, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Tireco
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
October 29, 2015
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66614-66615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27612]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0041; Notice 2]
Tireco, Inc., 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: Tireco, Inc., (Tireco) has determined that certain Tireco
Traction 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.
ADDRESSES: For further information on this decision contact Abraham
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile
(202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview: 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.
Notice of receipt of the petition was published with a 30-day
public comment period, on June 11, 2015 in the Federal Register (80 FR
33333). No comments were received. 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 locate docket number ``NHTSA-2015-0041.''
II. Tires Involved: Affected are approximately 1,600 Tireco 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 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 Arguments: 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
[[Page 66615]]
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'S Decision:
NHTSA's Analysis: Although the tire size codes were not included as
part of the TINs on the effected tires, the actual size of each tire is
clearly marked on its sidewall and should allow end-users to be able to
select a tire size for their vehicles. In addition, in the event that
the tires are subject to a recall or need to be identified as part of a
defect investigation, the tires could be identified by the correctly
stamped partial TIN on the sidewall. Subsequent to receiving the
subject petition, NHTSA contacted Tireco and received its verification
that a registration card submitted with an incomplete TIN for the
subject tires would be accepted and registered correctly.
The subject noncompliance also has no effect on the operational
safety of vehicles on which these tires are mounted. NHTSA's Decision:
In consideration of the foregoing, NHTSA has decided that Tireco has
met its burden of persuasion that the FMVSS No. 119 noncompliance is
inconsequential to motor vehicle safety. Accordingly, Tireco's petition
is hereby granted and Tireco is not obligated to provide 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 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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-27612 Filed 10-28-15; 8:45 am]
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