Nitto Tire U.S.A, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Nitto
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
30 March 2016
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17764-17765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07142]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0113; Notice 2]
Nitto Tire U.S.A, 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: Nitto Tire U.S.A., Inc. (Nitto), has determined that certain
Nitto NT05 passenger car tires manufactured between December 14, 2014
and August 1, 2015, do not fully comply with paragraph S5.5(e) of
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic
Radial Tires for Light Vehicles. Nitto filed a report \1\ pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Nitto then petitioned NHTSA under 49 CFR part 556 requesting a decision
that the subject noncompliance is inconsequential to motor vehicle
safety.
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\1\ Originally dated September 15, 2015 under the name of its
parent company Toyo Tire Holdings of Americas Inc., and refiled
under its own name on November 5, 2015.
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
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(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), Nitto 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.
[[Page 17765]]
Notice of receipt of the petition was published, with a 30-day
public comment period, on December 14, 2015 in the Federal Register (80
FR 77415). 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-2015-0113.''
II. Tires Involved
Affected are approximately 1,059 Nitto NT05 size 295/35ZR18 99W
passenger car tires manufactured between December 14, 2014 and August
1, 2015.
III. Noncompliance
Nitto explains that the noncompliance is that the sidewall markings
on the subject tires do not include the correct generic name for the
plies in the tread and sidewall area of the tires as required by
paragraph S5.5(e) of FMVSS No. 139. Specifically, the subject tires are
marked with ``Tread 2 Steel 2 Rayon 1 Nylon; Sidewall 3 Rayon.'' The
correct marking should be ``Tread 2 Steel 2 Polyester 1 Nylon; Sidewall
3 Polyester.''
IV. Rule Text
Paragraph S5.5(e) of FMVSS No. 139 requires in pertinent part:
S5.5 Tire markings. Except as specified in paragraphs (a)
through (i) of S5.5, each tire must be marked on each sidewall with
the information specified in S5.5(a) through (d) and on one sidewall
with the information specified in S5.5(e) through (i) according to
the phase-in schedule specified in S7 of this standard. . . .
(e) The generic name of each cord material used in the plies
(both sidewall and tread area) of the tire; . . .
V. Summary of Nitto's Analyses
Nitto stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(1) Nitto believes that in the Safety Act Congress acknowledged
that there are cases where a vehicle or equipment may fail to comply
with a safety standard, but that the impact on motor vehicle safety
is so slight that an exemption from the notice and remedy
requirements of the Safety Act is justified.
(2) Nitto states that the subject tires meet all other
performance and regulatory requirements of FMVSS No. 139.
(3) Nitto has not received any complaints, claims, or warranty
adjustments related to this noncompliance.
(4) Nitto believes that NHTSA has previously granted
inconsequential noncompliance petitions for noncompliances that it
believes are similar to the subject noncompliance.
Nitto has additionally informed NHTSA that it has corrected the
noncompliance so that future production of the subject tires will
comply with all applicable labeling requirements of FMVSS No. 139.
In summation, Nitto believes that the described noncompliance of
the subject tires is inconsequential to motor vehicle safety, and that
its petition, to exempt Nitto 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: The agency agrees with Nitto that the
noncompliances are inconsequential to motor vehicle safety. The agency
believes that the true measure of inconsequentiality to motor vehicle
safety in this case is that there is no effect of the noncompliances on
the operational safety of vehicles on which these tires are mounted.
Although tire construction affects the strength and durability,
neither the agency nor the tire industry provides information relating
tire strength and durability to the ply cord material in the tread and
sidewall. Therefore, tire dealers and customers should consider the
tire construction information along with other information such as load
capacity, maximum inflation pressure, and tread wear, temperature, and
traction ratings, to assess performance capabilities of various tires.
In the agency's judgement, the incorrect labeling of the tire
construction information will have an inconsequential effect on motor
vehicle safety because most consumers do not base tire purchases or
vehicle operation parameters on the ply material in a tire.
NHTSA'S Decision: In consideration of the foregoing, NHTSA finds
that Nitto has met its burden of persuasion that the subject FMVSS No.
139 noncompliance in the affected tires is inconsequential to motor
vehicle safety. Accordingly, Nitto's petition is hereby granted and
Nitto is consequently exempted from the obligation of providing
notification of, and a free 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, this decision
only applies to the subject tires that Nitto no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of 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 Nitto 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. 2016-07142 Filed 3-29-16; 8:45 am]
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