Notice2025-19993
PT. Multistrada Arah Sarana Tbk, Denial of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
November 17, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
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 the denial of MASA's petition.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Notices]
[Pages 51438-51439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19993]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0072; Notice 2]
PT. Multistrada Arah Sarana Tbk, Denial of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial 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 the denial of MASA's petition.
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Office of Vehicle
Safety Compliance, the National Highway Traffic Safety Administration
(NHTSA), <a href="/cdn-cgi/l/email-protection#9bd1fae2eff4f5b5d7f2f5fff7fee2dbfff4efb5fcf4ed"><span class="__cf_email__" data-cfemail="99d3f8e0edf6f7b7d5f0f7fdf5fce0d9fdf6edb7fef6ef">[email protected]</span></a>.
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 574.5 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.
Notice of receipt of MASA's petition was published with a 30-day
public comment period, on February 26, 2021, in the Federal Register
(86 FR 11823). No comments were received. To view the petition 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 number ``NHTSA-2020-0072.''
II. Tires Involved
This petition involves approximately 1,673,307 Achilles, Corsa,
Radar, and Milestar brand tires in various sizes, manufactured between
January 3, 2016, and March 14, 2020 (the subject tires):
<bullet> Achilles 868 All Seasons, ATR Sport 2, Desert Hawk H/T2,
122, ATR-K Sport, and Desert Hawk UHP;
<bullet> Corsa All Terrain XL and Highway Terrain;
<bullet> Radar Renegade H/T and Renegade A/T; and
<bullet> Milestar MS932XP, Patagonia M/T, and Grantland.
III. Noncompliance
MASA explains that the noncompliance is that the third grouping of
symbols in the 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) Old TIN content requirement, as required
by S5.5.1 of FMVSS No. 139. Specifically, MASA used up to six symbols
in the third grouping of symbols in the TIN, when this grouping should
be no more than four symbols.
IV. Rule Requirements
Paragraph S5.5.1 of FMVSS No. 139 and 49 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. The third grouping of the TIN,
``consisting of no more than four symbols, may be used at the option of
the manufacturer or retreader as a 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
[[Page 51439]]
arguments provided by MASA and do not reflect the views of the agency.
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 Federal Motor Vehicle Safety Standards
performance requirements and all other applicable regulations.'' MASA
further stated that ``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 139 such as S5.5(c) maximum permissible inflation
pressure and 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
indicating conformance to applicable Federal Motor Vehicle Safety
Standards.''
2. Identification and Traceability:
a. ``All information required by 49 CFR 574.5 for the Tire
Identification Number (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 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.''
f. ``[I]dentification 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.''
3. Proactive Measures:
a. ``Internal communications to sales and customer service
functions who may have contact with consumers, dealers and distributors
associated with the concerned products.''
b. ``External communications with specific distributors and dealers
associated with the concerned products.''
c. ``Confirmation that tires with extraneous TIN optional code
characters can be properly registered on the Achilles Tire USA
website.''
MASA concluded by expressing their belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition should be granted.
VI. NHTSA's Analysis
In determining the inconsequentiality of a noncompliance, NHTSA
focuses on the safety risk to individuals who experience the type of
event against which a recall would otherwise protect.\1\ In general,
NHTSA does not consider the absence of complaints or injuries when
determining if a noncompliance is inconsequential to safety. The
absence of complaints does not mean vehicle occupants have not
experienced a safety issue, nor does it mean that there will not be
safety issues in the future.\2\
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\1\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\2\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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NHTSA is denying the petitioner's request for an exemption from the
notification and remedy requirements of 49 U.S.C. 30118 and 49 U.S.C.
30120. Even though there does not appear to be any performance or
tracability-related issues associated with the subject noncompliance,
tire registration is critical for notifying consumers in the event of a
safety recall, and the noncompliance here with the TIN standards
undermines that. Accordingly, MASA has not met its burden to
demonstrate that the noncompliance is inconsequential.
Specifically, because of the noncompliance, MASA would be unable to
directly contact consumers who are unable to register their tires in
the event of a safety recall. MASA stated in its petition that the full
TIN of the affected tires--even with the extraneous characters--may be
registered on their Achilles Tire USA website. But when NHTSA attempted
to register one of the subject tires, it was not possible to register a
TIN with more than 13 characters. As the Achilles tire registration
system is limited to accepting only a 13-character number, the subject
tires, which have 14-character TINs, cannot be registered. And even if
consumers are/were later able to register their tires using 14-
character TINs, consumers who attempted to register their tires
beforehand (and were unable to do so) would be unlikely to make a
repeat attempt so as to avail themselves of the benefit of registration
going forward, absent a recall.
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that MASA has not
met its burden of persuasion that the FMVSS No. 139 noncompliance is
inconsequential as it relates to motor vehicle safety. Accordingly,
MASA's petition is hereby denied and MASA is consequently obligated to
provide notification of and free remedy for that 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)
Eileen Sullivan,
Associate Administrator for Enforcement.
[FR Doc. 2025-19993 Filed 11-14-25; 8:45 am]
BILLING CODE 4910-59-P
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