PT. Multistrada Arah Sarana Tbk, Receipt of Petition for Decision of Inconsequential Noncompliance

Topics:  Multistrada Arah Sarana

Otto G. Matheke III
National Highway Traffic Safety Administration
26 February 2021

[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Notices]
[Pages 11823-11824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04000]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0072; Notice 1]


PT. Multistrada Arah Sarana Tbk, 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: PT. Multistrada Arah Sarana, Tbk (MASA) has determined that 
certain Achilles, Corsa, Radar, and Milestar brand tires in various 
sizes do not fully comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles, and 
Part 574, Tire Identification and Recordkeeping. MASA filed a 
noncompliance report dated June 1, 2020, and subsequently petitioned 
NHTSA on June 25, 2020, for a decision that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of MASA's petition.

DATES: Send comments on or before March 29, 2021.

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 in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the docket. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: MASA has determined that certain Achilles, Corsa, 
Radar, and Milestar brand tires in various sizes do not fully comply 
with the requirements of paragraph S5.5.1 of FMVSS No. 139, New 
Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139) and S574.5 
of Part 574, Tire Identification and Recordkeeping (49 CFR 574). MASA 
filed a noncompliance report dated June 1, 2020, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports, and 
subsequently petitioned NHTSA on June 25, 2020, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 
49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of MASA'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. Tires Involved: Approximately 1,673,307 of the following 
Achilles, Corsa, Radar, and Milestar brand tires in various sizes, 
manufactured between January 3, 2016, and March 14, 2020, are 
potentially involved:
     Achilles 868 All Seasons, ATR Sport 2, Desert Hawk H/T2, 
122, ATR-K Sport, and Desert Hawk UHP.
     Radar Renegade H/T and Renegade A/T.
     Corsa All Terrain XL and Highway Terrain.
     Milestar MS932XP, Patagonia M/T, and Grantland.
    III. Noncompliance: MASA explains that the noncompliance is that 
the optional code in tire identification numbers (TIN), on the subject 
tires, exceeds the number of characters allowed and therefore does not 
fully comply with Part 574.5(g)(3), as required by S5.5.1 of FMVSS No. 
139. Specifically, MASA introduced a modified optional code sequence, 
which utilized up to 6 characters in the tire identification number 
third grouping, when the optional code should be no more than 4 
characters.
    IV. Rule Requirements: Paragraph S5.5.1 of FMVSS No. 139 and part 
574.5(g)(3) includes the requirements relevant to this petition. Each 
tire must be labeled with the tire identification number required by 49 
CFR part 574 on the intended outboard sidewall of the tire. For new 
tires, the third group, consisting of no more than four symbols, may be 
used at the option of the manufacturer or retreader as a

[[Page 11824]]

descriptive code for the purpose of identifying significant 
characteristics of the tire.
    V. Summary of MASA's Petition: The following views and arguments 
presented in this section, V. Summary of MASA's Petition, are the views 
and arguments provided by MASA. They have not been evaluated by the 
Agency and do not reflect the views of the Agency. MASA described the 
subject noncompliance and stated their belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, MASA submitted the following reasoning:
    1. Operational Safety:
    a. MASA stated their belief that a TIN marking noncompliance does 
not create any operational safety risk for the vehicle. The tires 
comply with applicable FMVSS performance requirements and all other 
applicable regulations. A summary of production tire compliance audit 
testing will be provided to NHTSA separately from this filing.
    b. The incorrect TIN marking with additional characters in the 
optional code has no bearing on tire performance.
    c. The subject tires are properly marked with all other markings 
required under FVMSS No. 139, such as paragraph S5.5(c), maximum 
permissible inflation pressure, and paragraph S5.5(d), maximum load 
rating. The necessary information is available on the sidewall of the 
tire to ensure proper application and usage.
    d. The subject tires contain the DOT symbol on both sidewalls, 
thus, indicating conformance to applicable FMVSS.
    2. Identification and Traceability:
    a. All information required by 49 CFR 574.5 for the TIN (plant code 
+size code+ option code+ date code) is present on the sidewall of the 
tire.
    b. For identification and traceability purposes, the key 
information of the plant code and manufacturing date is present on the 
tire.
    c. The existence of extra characters in the optional code does not 
inhibit the ability of a tire distributor, the tire dealer, or the 
consumer to register the tires.
    d. ln the event that dealer/owner notifications are required, the 
TIN, as molded on the subject tires, is sufficient to ensure proper 
communication and identification of the tires.
    e. To date, there is no record of a distributor, dealer, consumer, 
or other concerned party raising a question about tires with the 
extraneous characters
    7. Summary: Based on the information presented, the tires molded 
with extraneous TIN optional code characters do not present a risk for 
motor vehicle safety. Additionally, identification and traceability of 
the subject tires could be accomplished in the event of a need to 
conduct a dealer/owner notification. Production records link plant 
code, size code, and optional code with the manufacturing dates for all 
concerned brands and tire sizes.
    MASA 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 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 MASA 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 MASA 
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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-04000 Filed 2-25-21; 8:45 am]
BILLING CODE 4910-59-P