80 FR 36406 - Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 121 (June 24, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36406-36407 | |
| FR Document | 2015-15425 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Notices] [Pages 36406-36407] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15425] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0028; Notice 1] Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of Petition. ----------------------------------------------------------------------- SUMMARY: Tireco, Inc. (Tireco) has determined that certain Milestar brand replacement medium truck tires do not fully comply with paragraph S6.5(j), and in some cases also paragraph S6.5(d), of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 Pounds) and Motorcycles. Tireco has filed an appropriate report dated February 5, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is July 24, 2015. 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 at the beginning of this notice and submitted by any of the following methods:Mail: Send comments 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. Hand Deliver: Deliver comments by hand 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 a.m. to 5 p.m. except Federal Holidays. Electronically: Submit comments 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 (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. SUPPLEMENTARY INFORMATION: I. Tireco's Petition: 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. In a letter dated May 7, 2015, Tireco also submitted a supplement to its petition. This notice of receipt of Tireco'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. Replacement Tires Involved: Affected are approximately 31,316 Milestar brand medium truck replacement tires that were imported by Tireco and manufactured by Shandong Wanda Boto Tyre Co, LTD in China between June 3, 2013 and January 25, 2015. Refer to Tireco's 49 CFR part 573 report for detailed descriptions of the affected tires. III. Noncompliance: Tireco states that the subject tires do not comply with paragraph S6.5(j) of FMVSS No. 119 because they are marked the letter ``J'' instead of the letter ``L'' to designate the tire's load range, or are not marked with any load range letter. In addition, some of the affected tires also do not fully comply with paragraph S6.5(d) of FMVSS No. 119 because, while the proper maximum load ratings and pressures are specified correctly on the sidewalls for both single and dual applications, both ratings are identified as ``DUAL.'' The first rating should have been identified as ``SINGLE.'' 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 specified in paragraphs (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. . . . [[Page 36407]] (d) The maximum load rating and corresponding inflation pressure of the tire, show as follows: (Mark on tires rated for single and dual load): Max load single __kg (__lb) at __kPa (__psi) cold. Max load dual __kg (__lb) at __kPa (__psi) cold. (Mark on tires rated only for single load): Max load __kg (__lb) at __kPa (__psi) cold. . . . (j) The letter designating the tire load range. V. Summary of Tireco's Analyses: Tireco believes that the absence of the load range marking on some of the subject tires causes little or no risk of overloading of the tires by an end-user because the tires are marked with the correct number of plies, the correct load index and the correct maximum load values which Tireco believes provide equivalent information. Tireco also states that it has found one previous inconsequential noncompliance petition (see 79 FR 78562 (December 30, 2014)) in which the agency addressed the issue of a missing load range marking and believes that the agency should apply the same rationale in the case of the its petition. In the case of the subset of affected tires marked with the incorrect load range letter ``J,'' Tireco believes there is no safety consequence since the tires actually were designed and manufactured to be stronger than load range ``J'' tires (which are constructed with two fewer plies). Thus, there is no risk that the incorrect marking would lead to overloading by an end-user. Moreover, the paper label attached to each of the tires, which must remain attached until the time of sale, contains the correct load range information, so there is little, if any, possibility that a purchaser will be misled. In the case of the subset of affected tires that can be used in single or dual configuration, Tireco believes that the fact that both of the ratings were labeled as applicable to ``DUAL'' applications cannot realistically create a safety problem. Particularly since the tires are correctly marked with the correct maximum load capacity and inflation pressure in accordance with The Tire and Rim Association 2014 Year Book. Tireco also believes that any prospective purchaser of these tires, any operator of a truck equipped with these tires, and any tire retailer would immediately recognize that the first rating, ``1800Kg (3970LBS) AT 760 KPa (110 PSI) COLD,'' applies to the ``single'' configuration, and the second rating, ``1700Kg (3750LBS) AT 760 kPa (110 PSI) COLD,'' applies to the ``dual'' configuration. Such persons are fully aware that for all medium truck tires designed to be used in both single and dual configurations, the maximum load and corresponding pressure applicable to the single configuration is listed above the information applicable to the dual configuration. Such persons also would be aware that there could be no valid reason to have two different maximum loads for the dual configuration, and thus would immediately understand that the first load rating was meant to apply when the tire was utilized in a single configuration. Moreover, since the applicable inflation pressure is the same for both configurations, there is no risk that the mismarking would cause an operator to improperly inflate any of the tires. Tireco states that when a tire is designed for use in both single and dual configurations, FMVSS No. 119 requires that compliance testing be conducted based on the higher, more punishing tire load. Accordingly, Tireco believes that the tires will perform safely in both configurations. Tireco also believes that this principle was relied upon in grants of two similar petitions filed by Michelin North America, Inc. See 71 FR 77092 (December 22, 2006) and 69 FR 62512 (October 26, 2004). In addition, Tireco stated its belief that all of tires covered by this petition meet or exceed the performance requirements of FMVSS No. 119, as well as the other labeling requirements of the standard. Tireco is not aware of any crashes, injuries, customer complaints, or field reports associated with the subject mislabelings. As soon as Tireco became aware of the noncompliance, it immediately isolated the noncompliant inventory in Tireco's warehouses to prevent any additional sales. Tireco will bring all of the noncompliant tires into full compliance with the requirements of FMVSS No. 119, or else the tires will be scrapped. Tireco also believes that the fabricating manufacturer has corrected the molds at the manufacturing plant, so 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 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 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 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 Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-15425 Filed 6-23-15; 8:45 am] BILLING CODE 4910-59-P
![36406 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices
the vehicle to meet the information Comments must refer to the docket and exemption from the notification and
requirements of the standard. notice number cited at the beginning of remedy requirements of 49 U.S.C.
Standard No. 301 Fuel System this notice and submitted by any of the Chapter 301 on the basis that this
Integrity: Installation of a rollover valve following methods: noncompliance is inconsequential to
in the fuel tank vent line between the • Mail: Send comments by mail motor vehicle safety. In a letter dated
fuel tank and the evaporative emissions addressed to: U.S. Department of May 7, 2015, Tireco also submitted a
collection canister to comply with the Transportation, Docket Operations, M– supplement to its petition.
requirements of this standard. 30, West Building Ground Floor, Room This notice of receipt of Tireco’s
The petitioner additionally states that W12–140, 1200 New Jersey Avenue SE., petition is published under 49 U.S.C.
a vehicle identification plate must be Washington, DC 20590. 30118 and 30120 and does not represent
affixed to the vehicle near the left • Hand Deliver: Deliver comments by any agency decision or other exercise of
windshield post to meet the hand to: U.S. Department of judgment concerning the merits of the
requirements of 49 CFR part 565. Transportation, Docket Operations, M– petition.
All comments received before the 30, West Building Ground Floor, Room II. Replacement Tires Involved:
close of business on the closing date W12–140, 1200 New Jersey Avenue SE., Affected are approximately 31,316
indicated above will be considered, and Washington, DC 20590. The Docket Milestar brand medium truck
will be available for examination in the Section is open on weekdays from 10 replacement tires that were imported by
docket at the above addresses both a.m. to 5 p.m. except Federal Holidays. Tireco and manufactured by Shandong
before and after that date. To the extent • Electronically: Submit comments Wanda Boto Tyre Co, LTD in China
possible, comments filed after the electronically by: logging onto the between June 3, 2013 and January 25,
closing date will also be considered. Federal Docket Management System 2015. Refer to Tireco’s 49 CFR part 573
Notice of final action on the petition (FDMS) Web site at http:// report for detailed descriptions of the
will be published in the Federal www.regulations.gov/. Follow the online affected tires.
Register pursuant to the authority instructions for submitting comments. III. Noncompliance: Tireco states that
indicated below. Comments may also be faxed to (202) the subject tires do not comply with
Authority: 49 U.S.C. 30141(a)(1)(A), 493–2251. paragraph S6.5(j) of FMVSS No. 119
(a)(1)(B), and (b)(1); 49 CFR 593.7; delegation Comments must be written in the because they are marked the letter ‘‘J’’
of authority at 49 CFR 1.95 and 501.8. English language, and be no greater than instead of the letter ‘‘L’’ to designate the
15 pages in length, although there is no tire’s load range, or are not marked with
Jeffrey Giuseppe, any load range letter. In addition, some
limit to the length of necessary
Director, Office of Vehicle Safety Compliance. of the affected tires also do not fully
attachments to the comments. If
[FR Doc. 2015–15426 Filed 6–23–15; 8:45 am] comply with paragraph S6.5(d) of
comments are submitted in hard copy
BILLING CODE 4910–59–P form, please ensure that two copies are FMVSS No. 119 because, while the
provided. If you wish to receive proper maximum load ratings and
confirmation that your comments were pressures are specified correctly on the
DEPARTMENT OF TRANSPORTATION sidewalls for both single and dual
received, please enclose a stamped, self-
addressed postcard with the comments. applications, both ratings are identified
National Highway Traffic Safety as ‘‘DUAL.’’ The first rating should have
Administration Note that all comments received will be
posted without change to http:// been identified as ‘‘SINGLE.’’
[Docket No. NHTSA–2015–0028; Notice 1] www.regulations.gov, including any IV. Rule Text: Paragraph S6.5 of
personal information provided. FMVSS No. 119 requires in pertinent
Tireco, Inc., Receipt of Petition for Documents submitted to a docket may part:
Decision of Inconsequential be viewed by anyone at the address and S6.5 Tire markings. Except as specified in
Noncompliance times given above. The documents may this paragraph, each tire shall be marked on
AGENCY: National Highway Traffic also be viewed on the Internet at each sidewall with the information specified
http://www.regulations.gov by following in paragraphs (a) through (j) of this section.
Safety Administration (NHTSA),
the online instructions for accessing the The markings shall be placed between the
Department of Transportation (DOT). maximum section width (exclusive of
ACTION: Receipt of Petition. dockets. DOT’s complete Privacy Act sidewall decorations or curb ribs) and the
Statement is available for review in the bead on at least one sidewall, unless the
SUMMARY: Tireco, Inc. (Tireco) has Federal Register published on April 11, maximum section width of the tire is located
determined that certain Milestar brand 2000, (65 FR 19477–78). in an area which is not more than one-fourth
replacement medium truck tires do not The petition, supporting materials, of the distance from the bead to the shoulder
fully comply with paragraph S6.5(j), and and all comments received before the of the tire. If the maximum section width
in some cases also paragraph S6.5(d), of close of business on the closing date falls within that area, the markings shall
Federal Motor Vehicle Safety Standard indicated below will be filed and will be appear between the bead and a point one-half
(FMVSS) No. 119, New Pneumatic Tires considered. All comments and the distance from the bead to the shoulder of
the tire, on at least one sidewall. The
for Vehicles with a GVWR of More Than supporting materials received after the markings shall be in letters and numerals not
4,536 Kilograms (10,000 Pounds) and closing date will also be filed and will less than 2 mm (0.078 inch) high and raised
Motorcycles. Tireco has filed an be considered to the extent possible. above or sunk below the tire surface not less
appropriate report dated February 5, When the petition is granted or denied, than 0.4 mm (0.015 inch), except that the
2015, pursuant to 49 CFR part 573, notice of the decision will be published marking depth shall be not less than 0.25mm
Defect and Noncompliance in the Federal Register pursuant to the (0.010 inch) in the case of motorcycle tires.
tkelley on DSK3SPTVN1PROD with NOTICES
Responsibility and Reports. authority indicated below. The tire identification and the DOT symbol
DATES: The closing date for comments labeling shall comply with part 574 of this
SUPPLEMENTARY INFORMATION:
chapter. Markings may appear on only one
on the petition is July 24, 2015. I. Tireco’s Petition: Pursuant to 49 sidewall and the entire sidewall area may be
ADDRESSES: Interested persons are U.S.C. 30118(d) and 30120(h) (see used in the case of motorcycle tires and
invited to submit written data, views, implementing rule at 49 CFR part 556), recreational, boat, baggage, and special trailer
and arguments on this petition. Tireco submitted a petition for an tires. . . .
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![Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices 36407
(d) The maximum load rating and dual configurations, the maximum load 30120, respectively, to notify owners,
corresponding inflation pressure of the tire, and corresponding pressure applicable purchasers, and dealers of a defect or
show as follows: to the single configuration is listed noncompliance and to remedy the
(Mark on tires rated for single and dual
above the information applicable to the defect or noncompliance. Therefore, any
load): Max load single __kg (__lb) at __kPa
(__psi) cold. Max load dual __kg (__lb) at _ dual configuration. Such persons also decision on this petition only applies to
_kPa (__psi) cold. would be aware that there could be no the subject tires that Tireco no longer
(Mark on tires rated only for single load): valid reason to have two different controlled at the time it determined that
Max load __kg (__lb) at __kPa (__psi) cold. maximum loads for the dual the noncompliance existed. However,
. . . configuration, and thus would any decision on this petition does not
(j) The letter designating the tire load immediately understand that the first relieve equipment distributors and
range. load rating was meant to apply when dealers of the prohibitions on the sale,
V. Summary of Tireco’s Analyses: the tire was utilized in a single offer for sale, or introduction or delivery
Tireco believes that the absence of the configuration. Moreover, since the for introduction into interstate
load range marking on some of the applicable inflation pressure is the same commerce of the noncompliant tires
subject tires causes little or no risk of for both configurations, there is no risk under their control after Tireco notified
overloading of the tires by an end-user that the mismarking would cause an them that the subject noncompliance
because the tires are marked with the operator to improperly inflate any of the existed.
correct number of plies, the correct load tires. Tireco states that when a tire is
index and the correct maximum load Authority: (49 U.S.C. 30118, 30120:
designed for use in both single and dual delegations of authority at 49 CFR 1.95 and
values which Tireco believes provide configurations, FMVSS No. 119 requires 501.8).
equivalent information. Tireco also that compliance testing be conducted
states that it has found one previous based on the higher, more punishing tire Jeffrey Giuseppe,
inconsequential noncompliance petition load. Accordingly, Tireco believes that Director, Office of Vehicle Safety Compliance.
(see 79 FR 78562 (December 30, 2014)) the tires will perform safely in both [FR Doc. 2015–15425 Filed 6–23–15; 8:45 am]
in which the agency addressed the issue configurations. Tireco also believes that BILLING CODE 4910–59–P
of a missing load range marking and this principle was relied upon in grants
believes that the agency should apply of two similar petitions filed by
the same rationale in the case of the its Michelin North America, Inc. See 71 FR DEPARTMENT OF THE TREASURY
petition. 77092 (December 22, 2006) and 69 FR
In the case of the subset of affected 62512 (October 26, 2004). Treasury Public Engagement Pages
tires marked with the incorrect load In addition, Tireco stated its belief
range letter ‘‘J,’’ Tireco believes there is that all of tires covered by this petition AGENCY: Departmental Offices, Treasury.
no safety consequence since the tires meet or exceed the performance ACTION: Notice and request for comment.
actually were designed and requirements of FMVSS No. 119, as well
manufactured to be stronger than load SUMMARY: The Department of the
as the other labeling requirements of the Treasury (Treasury) is issuing this
range ‘‘J’’ tires (which are constructed standard.
with two fewer plies). Thus, there is no notice to inform the public and solicit
Tireco is not aware of any crashes,
risk that the incorrect marking would comments about a new method it is
injuries, customer complaints, or field
lead to overloading by an end-user. using to collect information and
reports associated with the subject
Moreover, the paper label attached to opinions posted on social media
mislabelings.
each of the tires, which must remain As soon as Tireco became aware of platforms. Relying on Treasury-
attached until the time of sale, contains the noncompliance, it immediately generated ‘‘hashtags’’ and other social
the correct load range information, so isolated the noncompliant inventory in media identifiers, Treasury is
there is little, if any, possibility that a Tireco’s warehouses to prevent any aggregating public posts relating to
purchaser will be misled. additional sales. Tireco will bring all of Treasury activities and missions from
In the case of the subset of affected the noncompliant tires into full third-party social media Web sites.
tires that can be used in single or dual compliance with the requirements of Treasury is collecting and, in some
configuration, Tireco believes that the FMVSS No. 119, or else the tires will be cases, republishing this material to
fact that both of the ratings were labeled scrapped. Tireco also believes that the facilitate public engagement and
as applicable to ‘‘DUAL’’ applications fabricating manufacturer has corrected awareness of Treasury and bureau
cannot realistically create a safety the molds at the manufacturing plant, so initiatives. In this manner, social media
problem. Particularly since the tires are no additional tires will be manufactured will enable Treasury to interact with the
correctly marked with the correct with the noncompliance. public in effective and meaningful
maximum load capacity and inflation In summation, Tireco believes that the ways; encourage the broad exchange of
pressure in accordance with The Tire described noncompliance of the subject and centrally locate a variety of
and Rim Association 2014 Year Book. tires is inconsequential to motor vehicle viewpoints on proposed and existing
Tireco also believes that any prospective safety, and that its petition, to exempt Treasury missions; and educate the
purchaser of these tires, any operator of Tireco from providing recall notification general public about evolving Treasury
a truck equipped with these tires, and of noncompliance as required by 49 initiatives.
any tire retailer would immediately U.S.C. 30118 and remedying the recall DATES: Effective Date: June 24, 2015.
recognize that the first rating, ‘‘1800Kg noncompliance as required by 49 U.S.C. Comment due date: July 24, 2015. This
(3970LBS) AT 760 KPa (110 PSI) 30120 should be granted. initiative will launch upon publication
tkelley on DSK3SPTVN1PROD with NOTICES
COLD,’’ applies to the ‘‘single’’ NHTSA notes that the statutory of this notice. Treasury may make
configuration, and the second rating, provisions (49 U.S.C. 30118(d) and adjustments to the program based upon
‘‘1700Kg (3750LBS) AT 760 kPa (110 30120(h)) that permit manufacturers to timely comments received.
PSI) COLD,’’ applies to the ‘‘dual’’ file petitions for a determination of ADDRESSES: Comments should be sent
configuration. Such persons are fully inconsequentiality allow NHTSA to to: Office of Chief Information Officer,
aware that for all medium truck tires exempt manufacturers only from the Department of the Treasury, 1500
designed to be used in both single and duties found in sections 30118 and Pennsylvania Avenue NW., Washington,
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Document Created: 2015-12-15 14:09:16
Document Modified: 2015-12-15 14:09:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of Petition. | |
| Dates | The closing date for comments on the petition is July 24, 2015. | |
| FR Citation | 80 FR 36406 |
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