Notice2022-10770
Toyo Tire Holdings of Americas Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
May 19, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Toyo Tire Holdings of Americas, Inc., (Toyo) has determined that certain Open Country R/T light 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. Toyo filed a noncompliance report dated March 15, 2021, and later amended it on April 2, 2021. Toyo simultaneously petitioned NHTSA on April 2, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Toyo's petition.
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30556-30557]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10770]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0034; Notice 1]
Toyo Tire Holdings of Americas Inc., 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: Toyo Tire Holdings of Americas, Inc., (Toyo) has determined
that certain Open Country R/T light 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. Toyo filed a noncompliance
report dated March 15, 2021, and later amended it on April 2, 2021.
Toyo simultaneously petitioned NHTSA on April 2, 2021, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This notice announces receipt of Toyo's petition.
DATES: Send comments on or before June 21, 2022.
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:
<bullet> 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.
<bullet> 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.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview
Toyo has determined that certain Toyo Open Country R/T light truck
tires, do not fully comply with paragraph S6.5(j) 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). Toyo filed
a noncompliance report dated March 15, 2021, and later amended it on
April 2, 2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Toyo simultaneously petitioned NHTSA on
April 2, 2021, 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 Toyo'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 518 Toyo Open Country R/T light truck tires, size
35X12.50R20LT 125Q, manufactured between January 29, 2021, and March 8,
2021, are potentially involved.
III. Noncompliance
Toyo explains that the noncompliance was due to a mold error in
which the sidewall with the partial TIN incorrectly states the load
range as required by paragraph S6.5(j) of FMVSS No. 119. Specifically,
the tires were marked: LOAD RANGE E when they should have been marked:
LOAD RANGE F.
IV. Rule Requirements
Paragraph S6.5(j) of FMVSS No. 119 includes the requirements
relevant to this petition. The subject tires are required to be marked
on each sidewall with the letter designating the tire load range.
V. Summary of Toyo's Petition
The following views and arguments presented in this section, ``V.
Summary of Toyo's Petition,'' are the views and arguments provided by
Toyo. They have not been evaluated by the Agency and do not reflect the
views of the Agency. Toyo describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety. In support of its petition, Toyo submitted the
following reasoning:
During production, the plate containing the load range letter was
not changed on the sidewall containing the partial TIN when production
was converted from the load range ``E'' tire to the load range ``F''
tire.
Toyo stated that the affected tire mold was immediately corrected
after this issue was discovered and all future production will have the
correct load range letter.
For the 35X12.50R20LT tire size, Load Range E tires have a maximum
load carrying capacity of 1,450 kg (3,195 lbs.) at 450 kPa (65 PSI);
Load Range F tires have a maximum load carrying capacity of 1,650 kg
(3,640 lbs.) at 550 kPa (80 PSI). Thus, even if a consumer were to rely
on the incorrect load range designation on the non-serial sidewall,
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there would be no associated risk of overloading.
Toyo says that NHTSA has previously granted inconsequentiality
petitions for similar FMVSS noncompliances and cited sections from the
following previous petitions that NHTSA had been granted:
<bullet> Guizhou Tyre Corporation; Grant of Petition for Decision
of Inconsequential Noncompliance. 78 FR 12828, February 25, 2013.
<bullet> Yokohama Tire Corporation, Grant of Petition for Decision
of Inconsequential Noncompliance. 84 FR. 64403, November 21, 2019.
<bullet> Tireco, Inc., Ruling on Petition for Decision of
Inconsequential Noncompliance. 81 FR 58550, August 25, 2016.
Toyo says that the subject tires meet all other performance and
regulatory requirements of FMVSS No. 119. Further, Toyo also says that
they have not received any complaints, claims, or warranty adjustments
related to this noncompliance.
Toyo concludes that the subject noncompliance is inconsequential as
it relates to motor vehicle safety as these tires have a higher load
carrying capacity than the incorrect marking indicates, therefore, the
marking will not cause an operator to overload the tires. Thus, Toyo
believes 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 equipment that Toyo 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 Toyo
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. 2022-10770 Filed 5-18-22; 8:45 am]
BILLING CODE 4910-59-P
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