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

Topics:  Tireco

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]
 BILLING CODE 4910-59-P