Pirelli Tire LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Pirelli
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Claude H. Harris
National Highway Traffic Safety Administration
November 9, 2010
[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Notices]
[Page 68855-68856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-103]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0142; Notice 1]
Pirelli Tire LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance
Pirelli Tire LLC (Pirelli) \1\ has determined that approximately
30,881 Pirelli Pzero Nero M+S and Scorpion Zero Asimmetrico replacement
tires produced between September 1, 2007, and February 26, 2009, do not
fully comply with the tire labeling requirements of paragraphs S5.5 and
S7.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light Vehicles. On March 12, 2010, Pirelli
filed an appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.
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\1\ Pirelli Tire LLC is a manufacturer and importer of
replacement equipment that is organized under the laws of the State
of Georgia.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Pirelli petitioned 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. Specifically, Pirelli submitted the original petition, dated
March 12, 2010, and a supplement to the original petition dated April
12, 2010.
This notice of receipt of Pirelli'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.
Pirelli estimated that 30,881 \2\ Pirelli Pzero Nero M+S and
Scorpion Zero Asimmetrico replacement tires produced between September
1, 2007, and February 26, 2009, in the tire sizes indicated in the
following table have the subject noncompliance.
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\2\ Pirelli's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt Pirelli as replacement
equipment manufacturer from the notification and recall
responsibilities of 49 CFR Part 573 for 30,881 of the affected
tires. However, the agency cannot relieve Pirelli's 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 Pirelli
recognized that the subject noncompliance existed. Those tires must
be brought into conformance, exported, or destroyed.
P245/45ZR17 95W, Pzero Nero M+S
P235/45ZR17 94W, Pzero Nero M+S
P235/40ZR18 91W, Pzero Nero M+S
P215/35ZR18 84W, Pzero Nero M+S
P215/35ZR19 85W, Pzero Nero M+S
265/35ZR22 102W Extra Load, Scorpion Zero Asimmetrico
295/30ZR22 103W Extra Load, Scorpion Zero Asimmetrico
305/35ZR23 111W Extra Load, Scorpion Zero Asimmetrico
265/45ZR20 108W Extra Load, Scorpion Zero Asimmetrico
Paragraphs S5.5 and S7.3 of FMVSS No. 139 require 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. The markings
must be placed between the maximum section width and the bead on at
least one sidewall, unless the maximum section width of the tire is
located in an area that 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, those markings must 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 must be in
letters and numerals not less than 0.078 inches high and raised
above or sunk below the tire surface not less than 0.015 inches.
S5.5.1 Tire identification number. (a) Tires manufactured before
September 1, 2009. Each tire must be labeled with the tire
identification number required by 49 CFR part 574 on a sidewall of
the tire. Except for retreaded tires, either the tire identification
number or a partial tire identification number, containing all
characters in the tire identification number, except for the date
code and, at the discretion of the manufacturer, any optional code,
must be labeled on the other sidewall of the tire.
(b) Tires manufactured on or after September 1, 2009. Each tire
must be labeled with the tire identification number required by 49
CFR part 574 on the intended outboard sidewall of the tire. Except
for retreaded tires, either the tire identification number or a
partial tire identification number, containing all characters in the
tire identification number, except for the date code and, at the
discretion of the manufacturer, any optional code, must be labeled
on the other sidewall of the tire. Except for retreaded tires, if a
tire does not have an intended outboard sidewall, the tire must be
labeled with the tire identification number required by 49 CFR part
574 on one sidewall and with either the tire identification number
or a partial tire identification number, containing all characters
in the tire identification number except for the date code and, at
the discretion of the manufacturer, any optional code, on the other
sidewall * * *
S7.3 Tires manufactured on or after September 1, 2007. Each tire
must comply with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5,
and S5.5.6 of this standard.
Pirelli described the noncompliance as the absence of either the
complete or partial tire identification number (TIN) on the inner tire
sidewall as required by paragraphs S5.5 and S7.3 of FMVSS No. 139.
Pirelli argues that because all of the affected tires have an
asymmetric tread pattern, they can only be correctly installed with the
intended outer sidewall facing the outside of the vehicle. Pirelli also
points out that asymmetric tires represent a very small percentage of
the overall tire market.
Pirelli explained that all of the affected tires are stenciled on
the intended outside sidewall with the lettering OUTER in four
different languages (English, French, German and Italian).
Pirelli further explained that the non-compliance was identified on
February 26, 2010, during an inspection of mold branding at the plant
that produced the subject tires. Pirelli then examined related
production records in order to accurately identify the specific
noncompliant tires. All molds are being modified or have been modified
to ensure that the appropriate TIN information is contained on both
sidewalls for future production.
Pirelli provided the following basis of why they believe the
subject noncompliance is inconsequential to motor vehicle safety:
While the subject tires are noncompliant with paragraph S5.5 of
FMVSS No. 139 for labeling, the noncompliance has an inconsequential
effect on tire performance and motor vehicle safety because all of
the affected tires meet or exceed all of the minimum performance
requirements of FMVSS No. 139.
In addition, the Company mentioned the existence of certain factors
that facilitates and encourages proper
[[Page 68856]]
installation and thus provide accessibility and visibility of the full
TIN on the outside sidewall:
Pirelli's internal policy allows dealers to sell these
asymmetric tires only in pairs or in groups of four. As a result,
these replacement tires are installed either on both sides of the
rear axle or on all four locations. The odds of even one tire being
mounted incorrectly are extremely remote, and the odds of two or
four tires being mounted the wrong way are even more remote.
All subject tires are either Pzero Nero M+S or Scorpion Zero
Asimmetrico. Both product families are ultra high performance tires;
their asymmetric tread design is one of the main features sought by
consumers for the following reasons: Precision handling in all
conditions; full and compact external shoulder blocks for increased
safety and dry handling performance; and inner shoulders designed to
maximize traction with deeper and more regular cuts. These benefits
are obtained only if the tires are mounted with the outer sidewall
pointing to the outside of the vehicle. Having paid a substantial
price to obtain these performance characteristics, the customers
seek to ensure that their tires are installed correctly.
Pirelli's product literature and training procedures reinforce
the message on proper mounting.
Pirelli provides extensive training to its authorized dealers,
and that training focuses specifically on the need to mount
asymmetric tires in the correct way.
A second TIN number (on the inboard side of the tire) is not
necessary either to ensure traceability or to allow consumers to
operate their vehicles safely.
Pirelli has not received a single complaint from any consumer,
dealer, law enforcement agency, or other source that indicated any
difficulty or problem in finding the full TIN, including the date
code on its asymmetrical tires.
Pirelli collects and tracks data on warranty claims for all of
tires, including the tires at issue here. The warranty data confirm
that these tires have performed extremely well in the field. The
number of claims is very small, and there have been no claims
involving property damage.
In summation, for the reasons stated above, Pirelli believes that
the described noncompliance concerning the tire labeling requirements
of paragraphs S5.5 and S7.3 of FMVSS No. 139 is inconsequential and
does not present a risk to motor vehicle safety. Thus, Pirelli requests
that its petition, to exempt it 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. In the
supplement to its petition Pirelli additionally requested that if NHTSA
decides that a complete exemption should not be granted, that at a
minimum, NHTSA exempt the company from standard remedy requirements.
Rather than replacing all tires subject to any such recall, Pirelli
suggests that it would instead issue recall notices to all end users
who can be located. Pirelli then would have its dealers inspect the
tires. If the tires are properly mounted, with the TINs facing the
outside of the vehicle, the tires would be left on the vehicle. If any
tires were found to be mounted with the outer sidewalls facing inward
(which is extremely unlikely), the tires would be remounted in the
appropriate way.
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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to: 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 am to 5 pm except Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Dates: Comment closing date: December 9, 2010.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: November 3, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-28195 Filed 11-8-10; 8:45 am]
BILLING CODE 4910-59-P