Notice2022-21997
Specialty Tires of America, Inc., Grant of Petitions for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Specialty Tires of America, Inc. (STA) has determined that certain STA 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, or FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles. STA filed noncompliance reports dated August 27, 2019, November 15, 2019, and November 18, 2019. STA also petitioned NHTSA on September 16, 2019, and December 13, 2019, and later amended the former on March 3, 2020, for a decision that the subject noncompliances are inconsequential as they relate to motor vehicle safety. This document announces the grant of STA's petitions.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61431-61432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21997]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket Nos. NHTSA-2019-0095; NHTSA-2019-0134; Notice 2]
Specialty Tires of America, Inc., Grant of Petitions for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petitions.
-----------------------------------------------------------------------
SUMMARY: Specialty Tires of America, Inc. (STA) has determined that
certain STA 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, or FMVSS No. 139, New Pneumatic Radial Tires for Light
Vehicles. STA filed noncompliance reports dated August 27, 2019,
November 15, 2019, and November 18, 2019. STA also petitioned NHTSA on
September 16, 2019, and December 13, 2019, and later amended the former
on March 3, 2020, for a decision that the subject noncompliances are
inconsequential as they relate to motor vehicle safety. This document
announces the grant of STA's petitions.
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Office of Vehicle
Safety Compliance, the National Highway Traffic Safety Administration
(NHTSA), telephone (325)-655-0547, <a href="/cdn-cgi/l/email-protection#703a1109041f1e5e3c191e141c150930141f045e171f06"><span class="__cf_email__" data-cfemail="155f746c617a7b3b597c7b7179706c55717a613b727a63">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview: STA has determined that certain STA light 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) or
paragraphs S5.5(e) and (f) of FMVSS No. 139, New Pneumatic Radial Tires
for Light Vehicles (49 CFR 571.139). STA filed noncompliance reports
dated August 27, 2019, November 15, 2019, and November 18, 2019,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. STA also petitioned NHTSA on September 16, 2019, and
December 13, 2019, and later amended the former on March 3, 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.
Notice of receipt of STA's petitions was published with a 30-day
public comment period, on October 6, 2020, in the Federal Register (85
FR 63161). NHTSA received one comment from the general public. While
the Agency takes great interest in the public's concerns and
appreciates the commenter's feedback, the comment does not address the
purpose of this particular petitions. To view the petitions and all
supporting documents, log onto the Federal Docket Management System
(FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Then follow the online
search instructions to locate docket numbers ``NHTSA-2019-0095 and
NHTSA-2019-0134.''
II. Tires Involved: Approximately 5,489 of the following STA light
truck tires, manufactured between January 1, 2009, and October 27,
2019, and certified to FMVSS No. 119, are potentially involved:
<bullet> 8-17.5 LT STA Super Traxion
<bullet> 8-17.5 STA Super Transport
<bullet> 8-14.5LT G/14 STA Super Transport
<bullet> 8-14.5LT F 12 STA Super Transport
<bullet> 7.50-18 STA Super Traxion
<bullet> 7.50-17 STA Super Transport
<bullet> 10.00-20 STA Super Transport
Approximately 2,887 of the following STA light truck tires,
manufactured between February 2, 2014, and September 1, 2019, and
certified to FMVSS No. 139, are potentially involved:
<bullet> 37x12.50R20LT Interco SSR
<bullet> 37x12.50R17LT Interco SSR
<bullet> 35x12.50-16LT Interco Thornbird
<bullet> 33x13.50R17LT Interco Irok
III. Noncompliance: STA explains that in both cases, the
noncompliance is that the sidewalls of the subject tires incorrectly
state the ply material and number of plies and, therefore, do not meet
the applicable requirement specified in either paragraph S6.5 of FMVSS
No. 119 or paragraphs S5.5(e) and (f) of FMVSS No. 139. Specifically,
the subject tires were incorrectly marked in the following ways:
<bullet> 8-17.5LT STA Super Traxion
Sidewall marked as Tread: 6 Ply Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 4 Ply Nylon, Sidewall: 4 Ply Nylon
<bullet> 8-17.5 STA Super Transport
Sidewall marked as Tread: 6 Ply Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 4 Ply Nylon, Sidewall: 4 Ply Nylon
<bullet> 8-14.5LT G/14STA Super Transport
Sidewall marked as Tread: 6 Ply Nylon, Sidewall: 6 Ply Nylon
Correct marking should be Tread: 8 Ply Nylon, Sidewall: 6 Ply Nylon
<bullet> 8-14.5LT F 12 STA Super Transport
Sidewall marked as Tread: 6 Ply Nylon, Sidewall: 6 Ply Nylon
Correct marking should be Tread: 8 Ply Nylon, Sidewall: 6 Ply Nylon
<bullet> 7.50-18 STA Super Traxion
Sidewall marked as Tread: 4 Ply Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 6 Ply Nylon, Sidewall: 4 Ply Nylon
<bullet> 7.50-17 STA Super Transport
Sidewall marked as Tread: 4 Ply Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 6 Ply Nylon, Sidewall: 6 Ply Nylon
<bullet> 10.00-20 STA Super Transport
Sidewall marked as Tread: 10 Ply Nylon, Sidewall: 10 Ply Nylon
Correct marking should be Tread: 8 Ply Nylon, Sidewall: 6 Ply Nylon
<bullet> 37x12.50R20LT Interco SSR
Sidewall marked as Tread: 3 Poly + 2 Steel + 1 Nylon, Sidewall: 3
Poly
Correct marking should be Tread: 2 Poly + 2 Steel + 2 Nylon,
Sidewall: 2 Poly
<bullet> 37x12.50R17LT Interco SSR
Sidewall marked as Tread: 3 Poly + 2
[[Page 61432]]
Steel + 1 Nylon, Sidewall: 3 Poly
Correct marking should be Tread: 2 Poly + 2 Steel + 2 Nylon,
Sidewall: 2 Poly
<bullet> 35x12.50-16LT Interco Thornbird
Sidewall marked as Tread: 4 Ply Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 4 Poly + 2 Nylon, Sidewall: 4 Ply
Poly
<bullet> 33x13.50R17LT Interco Irok
Sidewall marked as Tread: 3 Poly + 2 Steel + 1 Nylon, Sidewall: 3
Poly
Correct marking should be Tread: 2 Poly + 2 Steel + 1 Nylon,
Sidewall: 2 Poly
IV. Rule Requirements: Paragraph S6.5(f) of FMVSS No. 119 and
paragraphs S5.5(e) and (f) of FMVSS No. 139 include the requirements
relevant to these petitions. Paragraph S6.5(f) of FMVSS No. 119
requires that each tire shall be marked on each sidewall with the
actual number of plies and the composition of the ply cord material in
the sidewall and, if different, in the tread area. Paragraphs 5.5(e)
and (f) of FMVSS No. 139 require that each tire must be marked on one
sidewall with the generic name of each cord material used in the plies
(both sidewall and tread area) of the tire, the actual number of plies
in the sidewall, and the actual number of plies in the tread area, if
different.
V. Summary of STA's Petitions: The following views and arguments
presented in this section, ``V. Summary of STA's Petitions,'' are the
views and arguments provided by STA. They do not reflect the views of
the Agency.
STA described the subject noncompliances and stated that the
noncompliances are inconsequential as they relate to motor vehicle
safety. In support of its petitions, STA offers the following
reasoning:
1. The subject tires were manufactured as designed and meet or
exceed all other marking and performance requirements of FMVSS No. 119
or 139, as applicable.
2. The noncompliance is not a safety concern, having no effect on
operation of the tire and no impact on the retreading, repairing, or
recycling industries.
3. All the tires in inventory and the mold information are being
corrected and all future production and sales by STA of these tires
will have the correct information on both sidewalls.
4. STA stated that they are not aware of any warranty claims,
adjustments, field reports, customer complaints, legal claims, or any
incidents, accidents, or injuries related to the subject condition.
5. STA says that NHTSA has granted a number of similar petitions
relating to incorrectly identifying the actual number of plies in the
tread area. STA went on to cite the following petitions in which the
Agency has previously granted:
a. Continental Tire the Americas, LLC, Grant of Petition for
Decision of Inconsequential noncompliance, 83 FR 36668 (July 30, 2018).
b. Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision
of Inconsequential Noncompliance, 83 FR 13002 (March 26, 2018).
c. Bridgestone Americas Tire Operations, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR 47049 (August 2,
2013).
d. Goodyear Tire & Rubber Co. Grant of Petition for Decision of
Inconsequential Noncompliance, 74 FR 10804 (March 12, 2009).
e. Nitto Tire U.S.A., Inc., Grant of Petition for Decision of
Inconsequential Noncompliance, 81 FR 17764 (March 30, 2016).
f. Hankook Tire America Corp., Grant of Petition for Decision of
Inconsequential Noncompliance, 79 FR 30688 (May 28, 2014).
STA concluded by again contending that the subject noncompliances
are inconsequential as they relate to motor vehicle safety, and that
its petitions to be exempted from providing notification of the
noncompliances, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, be granted.
STA's complete petitions and all supporting documents are available
by logging onto the Federal Docket Management System (FDMS) website at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and by following the online search
instructions to locate the docket number as listed in the title of this
notice.
VI. NHTSA's Analysis: The Agency agrees with STA 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 these petitions 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
establishing a relationship between 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 measurable
effect on the safety of the tire retread, repair, and recycling
industries. The use of steel in the sidewall and tread is the primary
safety concern of these industries. In this case, because the sidewall
markings indicate correctly that the steel plies exist, and their
number, the industry will be reasonably notified of this potential
safety concern.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA
finds that STA has met its burden of persuasion that the FMVSS No. 139
and FMVSS No. 119 noncompliances are inconsequential as they relate to
motor vehicle safety. Accordingly, STA's petitions are hereby granted,
and STA is exempted from the obligation of providing notification of,
and a remedy for, the noncompliance under 49 U.S.C. 30118 and 30120.
(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. 2022-21997 Filed 10-7-22; 8:45 am]
BILLING CODE 4910-59-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 11, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.