Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Sumitomo
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Claudia Covell
National Highway Traffic Safety Administration
26 March 2018
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 13002-13004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05983]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0071; Notice 2]
Sumitomo Rubber Industries, Ltd., 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: Sumitomo Rubber Industries, Ltd. (SRI), on behalf of itself
and its subsidiary Sumitomo Rubber North America, Inc. (SRNA), have
determined that certain Falken truck tires do not fully comply with
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. SRI filed a noncompliance report dated
June 20, 2017. SRI also petitioned NHTSA on July 10, 2017, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety.
FOR FURTHER INFORMATION 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: SRI, on behalf of itself and its subsidiary SRNA, have
determined that certain Falken truck tires do not fully comply with
paragraph S6.5(f) of FMVSS No. 119, New Pneumatic Tires for Motor
Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and
Motorcycles (49 CFR 571.119). SRI filed a noncompliance report dated
June 20, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. SRI also petitioned NHTSA on July 10, 2017,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential as
it relates to motor vehicle safety.
Notice of receipt of the petition was published, with a 30-day
public comment period, on September 22, 2017, in the Federal Register
(82 FR 44488). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2017-0071.''
II. Tires Involved: Approximately 5,408 Falken truck tires (Model
RI151), size 225/70R19.5, manufactured between October 17, 2016, and
April 28, 2017, are potentially involved.
III. Noncompliance: SRI explains that the noncompliance is that the
number of plies indicated on the sidewall of the subject tires do not
match the actual number of plies in the tire construction, and
therefore, do not meet all applicable requirements specified in
paragraph S6.5(f) of FMVSS No. 119. Specifically, the tires are marked
with ``TREAD 5 PLIES STEEL'' whereas the correct marking should be
``TREAD 4 PLIES STEEL.''
IV. Rule Requirements: Paragraph S6.5 of FMVSS No. 119, titled
``Tire Markings'' includes the requirements relevant to this petition:
Each tire shall be marked on each sidewall with the
information specified in paragraphs (a) through (j) of paragraph S6.5.
The actual number of plies and the composition of the ply
cord material in the sidewall and, if different, in the tread area.
V. Summary of SRI's Petition: As background, On June 12, 2017, SRI
discovered that a population of 5,408 Falken brand truck tires, Model
RI151, size 225/70Rl9.5 128/126L, manufactured from October 17, 2016
through April 28, 2017 at the company's plant in Miyazaki, Japan, were
marked with the incorrect number of plies. On July 13, 2017, SRNA was
informed of the marking error, shipments of the subject tires were
halted, and the company determined that the subject tires failed to
comply with the tire labeling requirements of Federal motor vehicle
safety standard (FMVSS) No. 119, S6.5. Specifically, the subject tires
were incorrectly marked ``TREAD 5 PLIES STEEL,'' although they should
have been marked ``TREAD 4 PLIES
[[Page 13003]]
STEEL.'' Accordingly, these tires do not conform to the marking
requirements of FMVSS No. 119, S6.5. The subject tires comply with the
performance requirements and other marking requirements of FMVSS No.
119.
SRI submitted a Part 573 noncompliance report on June 20, 2017.
NHTSA Recall No. l7T-012. SRI corrected the production molds. SRI began
manufacturing correct versions of these tires on June 17, 2017.
SRI described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
In support of its petition, SRI submitted the following reasoning:
Under the Safety Act, each Federal motor vehicle safety standard
promulgated by the National Highway Traffic Safety Administration
(NHTSA) must be ``practicable, meet the need for motor vehicle safety,
and be stated in objective terms.'' 49 U.S.C. 3011l(a). The Safety Act
defines ``motor vehicle safety'' as:
``the performance of a motor vehicle or motor vehicle equipment in a
way that protects the public against unreasonable risk of accidents
occurring because of the design, construction or performance of a
motor vehicle, and against unreasonable risk of death or injury in
an accident, and includes nonoperational safety of a motor
vehicle.''
49 U.S.C. 30102(a)(8) (emphasis added).
The Safety Act exempts manufacturers from the Safety Act's notice
and remedy requirements when the Secretary of Transportation determines
that a defect or noncompliance is inconsequential as it relates to
motor vehicle safety. See 49 U.S.C. 30118(d). Section 30118(d)
demonstrates Congress's acknowledgment that there are cases where a
manufacturer has failed to comply with a safety standard, yet the
impact on motor vehicle safety is so slight that an exemption from the
notice and remedy requirements of the Safety Act is justified. NHTSA
has stated that the relevant consideration in evaluating an
inconsequentiality petition is ``whether an occupant who is affected by
the noncompliance is likely to be exposed to a significantly greater
risk than an occupant in a compliant vehicle.'' 69 FR 19897, 19900
(April 14, 2004) (emphasis added).
In the context of tires specifically, the agency has similarly
stated that it ``believes that one measure of inconsequentiality to
motor vehicle safety is that there is no effect of the noncompliance on
the operational safety of vehicles on which the tires are mounted.
Another measure of inconsequentiality . . . is the safety of people
working in the tire retread, repair and recycling industries.'' See 72
FR 18210 (April 17, 2017) (granting petition for determination of
inconsequential noncompliance with respect to SRI tires marked with the
incorrect number of plies).
We believe the labeling noncompliance at issue here is
inconsequential to motor vehicle safety. The subject Falken tires were
manufactured as designed and meet or exceed all applicable FMVSS No.
119 performance standards. Furthermore, all of the sidewall markings
related to tire service (load capacity, corresponding inflation
pressure, etc.) are correct and the tires correctly show that they
contain steel plies. SRI does not believe the mislabeling of these
tires presents a safety concern for consumers or retreading and
recycling personnel. As noted above, the affected tire mold has been
corrected and tires produced on and after June 17, 2017, are marked
with the correct number of plies.
NHTSA has previously granted petitions involving similar
noncompliances. In the most recent of these, the agency explained:
``Although tire construction affects the strength and durability
of tires, neither the agency nor the tire industry provides
information relating tire strength and durability to the number of
plies and types of ply cord material in the tread sidewall.
Therefore, tire dealers and customers should consider the tire
construction information along with other information such as the
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 number of plies in a tire.''
See 82 FR 18210 (April 17, 2017).
Regarding potential safety risks to the tire service industry, the
agency concluded that a misstatement of the number of plies ``will have
no measurable effect on the safety of the tire retread, repair, and
recycling industries. The use of steel cord construction in the
sidewall and tread is the primary safety concern of these industries.
In this case, because the sidewall markings indicate that some steel
plies exist in the tire sidewall, this potential safety concern does
not exist.'' As noted above, the markings on the subject tires
correctly indicate that they contain steel plies (although the number
is misstated as 5 instead of 4).
NHTSA also granted similar petitions involving tires manufactured
by Cooper Tire and SRI (Dunlop). See 74 FR 10804 (March 12, 2009)
(granting petition submitted by SRI where tires were labeled ``Tread 3
Polyester + 2 Steel,'' whereas the correct marking should have been
``Tread 2 Polyester + 2 Steel+ 2 Polyester''); and 82 FR 17075 (April
7, 2017) (granting petition submitted by Cooper Tire & Rubber Company
where tires were marked ``TREAD 1 PLY NYLON + 2 PLY STEEL + 2 PLY
POLYESTER,'' whereas the correct marking should have been ``TREAD 1 PLY
NYLON + 2 PLY STEEL + 1 PLY POLYESTER.''
SRI is not aware of any warranty claims, field reports, customer
complaints, legal claims, or any incidents or injuries related to the
subject condition.
SRI concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
NHTSA'S Decision
NHTSA'S Analysis: The agency agrees with SRI that the noncompliance
is inconsequential to motor vehicle safety. The agency believes that
one measure of inconsequentiality to motor vehicle safety is that there
is no effect of the noncompliance on the operational safety of vehicles
on which these tires are mounted. Another measure of inconsequentiality
which is relevant to this petition is the safety of people working in
the tire retread, repair and recycling industries.
Although tire construction affects the strength and durability of
tires, neither the agency nor the tire industry provides information
relating tire strength and durability to the number of plies and types
of ply cord material in the tread sidewall. Therefore, tire dealers and
customers should consider the tire construction information along with
other information such as the load capacity, maximum inflation
pressure, 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 number of plies in a tire.
The agency also believes the noncompliance will have no measureable
effect on the safety of the tire retread, repair, and recycling
industries. The use of steel cord
[[Page 13004]]
construction in the sidewall and tread is the primary safety concern of
these industries. In this case, because of the sidewall marking
indicate that some steel plies exist in the tire sidewall, this
potential safety concern does not exist.
NHTSA'S Decision: In consideration of the foregoing, NHTSA finds
that SRI has met its burden of persuasion that the subject FMVSS No.
119 noncompliance in the affected tires is inconsequential to motor
vehicle safety. Accordingly, SRI's petition is hereby granted and SRI
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 SRI 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 SRI 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
Claudia Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-05983 Filed 3-23-18; 8:45 am]
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