Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision of Inconsequential Noncompliance, 13002-13004 [2018-05983]
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13002
Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices
proposed transaction would allow for
more efficient and productive
management, modernizations of both
rolling stock and maintenance
equipment, and consolidation of debt
structures. TranSouth states that the
transaction would result in better
service and savings in fares to the
public. Also, TranSouth states that the
proposed transaction would allow both
companies to serve and expand their
customer bases, thereby increasing the
number of their employees in operations
and maintenance.
TranSouth further asserts that the
proposed transaction would not
adversely affect competition or the
public interest. According to TranSouth,
its and C&H’s service areas include the
following: The entire Middle Georgia
area; the cities of Macon, Savannah,
Valdosta, Cordele, Forsyth, and Dublin;
and the southern area of suburban
Atlanta (the Service Area). TranSouth
states that competition is robust with at
least eight other companies providing
motor coach passenger services within a
50-mile radius of the Service Area. Also,
TranSouth states that the Atlanta
metropolitan area is within 80 miles of
the Service Area and has numerous
entities that compete with both
TranSouth and C&H.
On the basis of the application, the
Board finds that the proposed
acquisition of control is consistent with
the public interest and should be
tentatively approved and authorized. If
any opposing comments are timely
filed, these findings will be deemed
vacated, and, unless a final decision can
be made on the record as developed, a
procedural schedule will be adopted to
reconsider the application. See 49 CFR
1182.6(c). If no opposing comments are
filed by the expiration of the comment
period, this notice will take effect
automatically and will be the final
Board action.
This action is categorically excluded
from environmental review under 49
CFR 1105.6(c).
Board decisions and notices are
available on our website at
WWW.STB.GOV.
It is ordered:
1. The proposed transaction is
approved and authorized, subject to the
filing of opposing comments.
2. If opposing comments are timely
filed, the findings made in this notice
will be deemed vacated.
3. This notice will be effective May
11, 2018, unless opposing comments are
filed by May 10, 2018.
4. A copy of this notice will be served
on: (1) The U.S. Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
VerDate Sep<11>2014
16:38 Mar 23, 2018
Jkt 244001
Avenue SE, Washington, DC 20590; (2)
the U.S. Department of Justice, Antitrust
Division, 10th Street & Pennsylvania
Avenue NW, Washington, DC 20530;
and (3) the U.S. Department of
Transportation, Office of the General
Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Decided: March 20, 2018.
By the Board, Board Members Begeman
and Miller.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018–06050 Filed 3–23–18; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0071; Notice 2]
Sumitomo Rubber Industries, Ltd.,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
Sumitomo Rubber Industries,
Ltd. (SRI), on behalf of itself and its
subsidiary Sumitomo Rubber North
America, Inc. (SRNA), have determined
that certain Falken 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. SRI filed a noncompliance
report dated June 20, 2017. SRI also
petitioned NHTSA on July 10, 2017, for
a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety.
FOR FURTHER INFORMATION CONTACT:
Abraham Diaz, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–5310, facsimile
(202) 366–5930.
SUPPLEMENTARY INFORMATION:
I. Overview: SRI, on behalf of itself
and its subsidiary SRNA, have
determined that certain Falken 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). SRI filed a
noncompliance report dated June 20,
2017, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. SRI also
SUMMARY:
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petitioned NHTSA on July 10, 2017,
pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, 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.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on September 22,
2017, in the Federal Register (82 FR
44488). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) website at:
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2017–
0071.’’
II. Tires Involved: Approximately
5,408 Falken truck tires (Model RI151),
size 225/70R19.5, manufactured
between October 17, 2016, and April 28,
2017, are potentially involved.
III. Noncompliance: SRI explains that
the noncompliance is that the number of
plies indicated on the sidewall of the
subject tires do not match the actual
number of plies in the tire construction,
and therefore, do not meet all applicable
requirements specified in paragraph
S6.5(f) of FMVSS No. 119. Specifically,
the tires are marked with ‘‘TREAD 5
PLIES STEEL’’ whereas the correct
marking should be ‘‘TREAD 4 PLIES
STEEL.’’
IV. Rule Requirements: Paragraph
S6.5 of FMVSS No. 119, titled ‘‘Tire
Markings’’ includes the requirements
relevant to this petition:
• Each tire shall be marked on each
sidewall with the information specified
in paragraphs (a) through (j) of
paragraph S6.5.
• The actual number of plies and the
composition of the ply cord material in
the sidewall and, if different, in the
tread area.
V. Summary of SRI’s Petition: As
background, On June 12, 2017, SRI
discovered that a population of 5,408
Falken brand truck tires, Model RI151,
size 225/70Rl9.5 128/126L,
manufactured from October 17, 2016
through April 28, 2017 at the company’s
plant in Miyazaki, Japan, were marked
with the incorrect number of plies. On
July 13, 2017, SRNA was informed of
the marking error, shipments of the
subject tires were halted, and the
company determined that the subject
tires failed to comply with the tire
labeling requirements of Federal motor
vehicle safety standard (FMVSS) No.
119, S6.5. Specifically, the subject tires
were incorrectly marked ‘‘TREAD 5
PLIES STEEL,’’ although they should
have been marked ‘‘TREAD 4 PLIES
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Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices
STEEL.’’ Accordingly, these tires do not
conform to the marking requirements of
FMVSS No. 119, S6.5. The subject tires
comply with the performance
requirements and other marking
requirements of FMVSS No. 119.
SRI submitted a Part 573
noncompliance report on June 20, 2017.
NHTSA Recall No. l7T–012. SRI
corrected the production molds. SRI
began manufacturing correct versions of
these tires on June 17, 2017.
SRI described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential
as it relates to motor vehicle safety.
In support of its petition, SRI
submitted the following reasoning:
Under the Safety Act, each Federal
motor vehicle safety standard
promulgated by the National Highway
Traffic Safety Administration (NHTSA)
must be ‘‘practicable, meet the need for
motor vehicle safety, and be stated in
objective terms.’’ 49 U.S.C. 3011l(a). The
Safety Act defines ‘‘motor vehicle
safety’’ as:
sradovich on DSK3GMQ082PROD with NOTICES
‘‘the performance of a motor vehicle or motor
vehicle equipment in a way that protects the
public against unreasonable risk of accidents
occurring because of the design, construction
or performance of a motor vehicle, and
against unreasonable risk of death or injury
in an accident, and includes nonoperational
safety of a motor vehicle.’’
49 U.S.C. 30102(a)(8) (emphasis added).
The Safety Act exempts
manufacturers from the Safety Act’s
notice and remedy requirements when
the Secretary of Transportation
determines that a defect or
noncompliance is inconsequential as it
relates to motor vehicle safety. See 49
U.S.C. 30118(d). Section 30118(d)
demonstrates Congress’s
acknowledgment that there are cases
where a manufacturer has failed to
comply with a safety standard, yet the
impact on motor vehicle safety is so
slight that an exemption from the notice
and remedy requirements of the Safety
Act is justified. NHTSA has stated that
the relevant consideration in evaluating
an inconsequentiality petition is
‘‘whether an occupant who is affected
by the noncompliance is likely to be
exposed to a significantly greater risk
than an occupant in a compliant
vehicle.’’ 69 FR 19897, 19900 (April 14,
2004) (emphasis added).
In the context of tires specifically, the
agency has similarly stated that it
‘‘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 the tires are
mounted. Another measure of
inconsequentiality . . . is the safety of
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16:38 Mar 23, 2018
Jkt 244001
people working in the tire retread,
repair and recycling industries.’’ See 72
FR 18210 (April 17, 2017) (granting
petition for determination of
inconsequential noncompliance with
respect to SRI tires marked with the
incorrect number of plies).
We believe the labeling
noncompliance at issue here is
inconsequential to motor vehicle safety.
The subject Falken tires were
manufactured as designed and meet or
exceed all applicable FMVSS No. 119
performance standards. Furthermore, all
of the sidewall markings related to tire
service (load capacity, corresponding
inflation pressure, etc.) are correct and
the tires correctly show that they
contain steel plies. SRI does not believe
the mislabeling of these tires presents a
safety concern for consumers or
retreading and recycling personnel. As
noted above, the affected tire mold has
been corrected and tires produced on
and after June 17, 2017, are marked with
the correct number of plies.
NHTSA has previously granted
petitions involving similar
noncompliances. In the most recent of
these, the agency explained:
‘‘Although tire construction affects the
strength and durability of tires, neither the
agency nor the tire industry provides
information relating 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, and
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.’’
See 82 FR 18210 (April 17, 2017).
Regarding potential safety risks to the
tire service industry, the agency
concluded that a misstatement of the
number of plies ‘‘will have no
measurable effect on the safety of the
tire retread, repair, and recycling
industries. The use of steel cord
construction in the sidewall and tread is
the primary safety concern of these
industries. In this case, because the
sidewall markings indicate that some
steel plies exist in the tire sidewall, this
potential safety concern does not exist.’’
As noted above, the markings on the
subject tires correctly indicate that they
contain steel plies (although the number
is misstated as 5 instead of 4).
NHTSA also granted similar petitions
involving tires manufactured by Cooper
Tire and SRI (Dunlop). See 74 FR 10804
(March 12, 2009) (granting petition
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13003
submitted by SRI where tires were
labeled ‘‘Tread 3 Polyester + 2 Steel,’’
whereas the correct marking should
have been ‘‘Tread 2 Polyester + 2 Steel+
2 Polyester’’); and 82 FR 17075 (April 7,
2017) (granting petition submitted by
Cooper Tire & Rubber Company where
tires were marked ‘‘TREAD 1 PLY
NYLON + 2 PLY STEEL + 2 PLY
POLYESTER,’’ whereas the correct
marking should have been ‘‘TREAD 1
PLY NYLON + 2 PLY STEEL + 1 PLY
POLYESTER.’’
SRI is not aware of any warranty
claims, field reports, customer
complaints, legal claims, or any
incidents or injuries related to the
subject condition.
SRI concluded by expressing the
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and 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’S Decision
NHTSA’S Analysis: The agency agrees
with SRI 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
this petition 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 relating 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
measureable effect on the safety of the
tire retread, repair, and recycling
industries. The use of steel cord
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Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices
construction in the sidewall and tread is
the primary safety concern of these
industries. In this case, because of the
sidewall marking indicate that some
steel plies exist in the tire sidewall, this
potential safety concern does not exist.
NHTSA’S Decision: In consideration
of the foregoing, NHTSA finds that SRI
has met its burden of persuasion that
the subject FMVSS No. 119
noncompliance in the affected tires is
inconsequential to motor vehicle safety.
Accordingly, SRI’s petition is hereby
granted and SRI is consequently
exempted from the obligation of
providing notification of, and a free
remedy for, that noncompliance under
49 U.S.C. 30118 and 30120.
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, this
decision only applies to the subject tires
that SRI no longer controlled at the time
it determined that the noncompliance
existed. However, the granting of 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 SRI 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
Claudia Covell,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2018–05983 Filed 3–23–18; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2018–0021]
sradovich on DSK3GMQ082PROD with NOTICES
Pipeline Safety: Information Collection
Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
SUMMARY:
VerDate Sep<11>2014
16:38 Mar 23, 2018
Jkt 244001
PHMSA invites comments on three
information collections that are due to
expire during the summer of 2018.
PHMSA will request an extension with
no change for the information
collections identified by OMB control
numbers 2137–0048, 2137–0600, and
2137–0618.
DATES: Interested persons are invited to
submit comments on or before May 25,
2018.
ADDRESSES: Comments may be
submitted in the following ways:
E-Gov website: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
Fax: 1–202–493–2251.
Mail: Docket Management Facility;
U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE,
West Building, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery: Room W12–140 on the
ground level of DOT, West Building,
1200 New Jersey Avenue SE,
Washington, DC, between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except Federal holidays.
Instructions: Identify the Docket No.
PHMSA–2018–0021, at the beginning of
your comments. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Privacy Act Statement: DOT may
solicit comments from the public
regarding certain general notices. DOT
posts these comments, without edit,
including any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: For access to the docket or to
read background documents or
comments, go to https://
www.regulations.gov at any time or to
Room W12–140 on the ground level of
DOT, West Building, 1200 New Jersey
Avenue SE, Washington, DC, between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
If you wish to receive confirmation of
receipt of your written comments,
please include a self-addressed,
stamped postcard with the following
statement: ‘‘Comments on Docket No.
PHMSA–2018–0021.’’ The Docket Clerk
will date stamp the postcard prior to
returning it to you via the U.S. mail.
Please note that due to delays in the
delivery of U.S. mail to Federal offices
in Washington, DC, we recommend that
persons consider an alternative method
(internet, fax, or professional delivery
PO 00000
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service) of submitting comments to the
docket and ensuring their timely receipt
at DOT.
FOR FURTHER INFORMATION CONTACT:
Angela Dow by telephone at 202–366–
1246, by fax at 202–366–4566, or by
mail at DOT, PHMSA, 1200 New Jersey
Avenue SE, PHP–30, Washington, DC
20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies three information collection
requests that PHMSA will submit to
OMB for renewal. The following
information is provided for each
information collection: (1) Title of the
information collection; (2) OMB control
number; (3) Current expiration date; (4)
Type of request; (5) Abstract of the
information collection activity; (6)
Description of affected public; (7)
Estimate of total annual reporting and
recordkeeping burden; and (8)
Frequency of collection. PHMSA will
request a three-year term of approval for
each information collection activity.
PHMSA requests comments on the
following information collections:
1. Title: Recordkeeping Requirements
for Liquefied Natural Gas (LNG)
Facilities.
OMB Control Number: 2137–0048.
Current Expiration Date: 06/30/2018.
Type of Request: Renewal with no
change of a currently approved
information collection.
Abstract: LNG facility owners and
operators are required to maintain
records, make reports, and provide
information to the Secretary of
Transportation at the Secretary’s
request.
Affected Public: Owners and
Operators of Liquefied Natural Gas
Facilities.
Annual Reporting and Recordkeeping
Burden:
Estimated Number of Responses: 101.
Estimated Annual Burden Hours:
12,120.
Frequency of Collection: On occasion.
2. Title: Qualification of Pipeline
Safety Training.
OMB Control Number: 2137–0600.
Current Expiration Date: 07/31/2018.
Type of Request: Renewal with no
change of a currently approved
information collection.
Abstract: All individuals responsible
for the operation and maintenance of
pipeline facilities are required to be
properly qualified to safely perform
their tasks. 49 CFR 192.807 requires
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]]>Agencies
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 13002-13004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05983]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0071; Notice 2]
Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Sumitomo Rubber Industries, Ltd. (SRI), on behalf of itself
and its subsidiary Sumitomo Rubber North America, Inc. (SRNA), have
determined that certain Falken 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. SRI filed a noncompliance report dated
June 20, 2017. SRI also petitioned NHTSA on July 10, 2017, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety.
FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-5310, facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview: SRI, on behalf of itself and its subsidiary SRNA, have
determined that certain Falken 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). SRI filed a noncompliance report dated
June 20, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. SRI also petitioned NHTSA on July 10, 2017,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 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.
Notice of receipt of the petition was published, with a 30-day
public comment period, on September 22, 2017, in the Federal Register
(82 FR 44488). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2017-0071.''
II. Tires Involved: Approximately 5,408 Falken truck tires (Model
RI151), size 225/70R19.5, manufactured between October 17, 2016, and
April 28, 2017, are potentially involved.
III. Noncompliance: SRI explains that the noncompliance is that the
number of plies indicated on the sidewall of the subject tires do not
match the actual number of plies in the tire construction, and
therefore, do not meet all applicable requirements specified in
paragraph S6.5(f) of FMVSS No. 119. Specifically, the tires are marked
with ``TREAD 5 PLIES STEEL'' whereas the correct marking should be
``TREAD 4 PLIES STEEL.''
IV. Rule Requirements: Paragraph S6.5 of FMVSS No. 119, titled
``Tire Markings'' includes the requirements relevant to this petition:
Each tire shall be marked on each sidewall with the
information specified in paragraphs (a) through (j) of paragraph S6.5.
The actual number of plies and the composition of the ply
cord material in the sidewall and, if different, in the tread area.
V. Summary of SRI's Petition: As background, On June 12, 2017, SRI
discovered that a population of 5,408 Falken brand truck tires, Model
RI151, size 225/70Rl9.5 128/126L, manufactured from October 17, 2016
through April 28, 2017 at the company's plant in Miyazaki, Japan, were
marked with the incorrect number of plies. On July 13, 2017, SRNA was
informed of the marking error, shipments of the subject tires were
halted, and the company determined that the subject tires failed to
comply with the tire labeling requirements of Federal motor vehicle
safety standard (FMVSS) No. 119, S6.5. Specifically, the subject tires
were incorrectly marked ``TREAD 5 PLIES STEEL,'' although they should
have been marked ``TREAD 4 PLIES
[[Page 13003]]
STEEL.'' Accordingly, these tires do not conform to the marking
requirements of FMVSS No. 119, S6.5. The subject tires comply with the
performance requirements and other marking requirements of FMVSS No.
119.
SRI submitted a Part 573 noncompliance report on June 20, 2017.
NHTSA Recall No. l7T-012. SRI corrected the production molds. SRI began
manufacturing correct versions of these tires on June 17, 2017.
SRI described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
In support of its petition, SRI submitted the following reasoning:
Under the Safety Act, each Federal motor vehicle safety standard
promulgated by the National Highway Traffic Safety Administration
(NHTSA) must be ``practicable, meet the need for motor vehicle safety,
and be stated in objective terms.'' 49 U.S.C. 3011l(a). The Safety Act
defines ``motor vehicle safety'' as:
``the performance of a motor vehicle or motor vehicle equipment in a
way that protects the public against unreasonable risk of accidents
occurring because of the design, construction or performance of a
motor vehicle, and against unreasonable risk of death or injury in
an accident, and includes nonoperational safety of a motor
vehicle.''
49 U.S.C. 30102(a)(8) (emphasis added).
The Safety Act exempts manufacturers from the Safety Act's notice
and remedy requirements when the Secretary of Transportation determines
that a defect or noncompliance is inconsequential as it relates to
motor vehicle safety. See 49 U.S.C. 30118(d). Section 30118(d)
demonstrates Congress's acknowledgment that there are cases where a
manufacturer has failed to comply with a safety standard, yet the
impact on motor vehicle safety is so slight that an exemption from the
notice and remedy requirements of the Safety Act is justified. NHTSA
has stated that the relevant consideration in evaluating an
inconsequentiality petition is ``whether an occupant who is affected by
the noncompliance is likely to be exposed to a significantly greater
risk than an occupant in a compliant vehicle.'' 69 FR 19897, 19900
(April 14, 2004) (emphasis added).
In the context of tires specifically, the agency has similarly
stated that it ``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 the tires are mounted.
Another measure of inconsequentiality . . . is the safety of people
working in the tire retread, repair and recycling industries.'' See 72
FR 18210 (April 17, 2017) (granting petition for determination of
inconsequential noncompliance with respect to SRI tires marked with the
incorrect number of plies).
We believe the labeling noncompliance at issue here is
inconsequential to motor vehicle safety. The subject Falken tires were
manufactured as designed and meet or exceed all applicable FMVSS No.
119 performance standards. Furthermore, all of the sidewall markings
related to tire service (load capacity, corresponding inflation
pressure, etc.) are correct and the tires correctly show that they
contain steel plies. SRI does not believe the mislabeling of these
tires presents a safety concern for consumers or retreading and
recycling personnel. As noted above, the affected tire mold has been
corrected and tires produced on and after June 17, 2017, are marked
with the correct number of plies.
NHTSA has previously granted petitions involving similar
noncompliances. In the most recent of these, the agency explained:
``Although tire construction affects the strength and durability
of tires, neither the agency nor the tire industry provides
information relating 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, and 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.''
See 82 FR 18210 (April 17, 2017).
Regarding potential safety risks to the tire service industry, the
agency concluded that a misstatement of the number of plies ``will have
no measurable effect on the safety of the tire retread, repair, and
recycling industries. The use of steel cord construction in the
sidewall and tread is the primary safety concern of these industries.
In this case, because the sidewall markings indicate that some steel
plies exist in the tire sidewall, this potential safety concern does
not exist.'' As noted above, the markings on the subject tires
correctly indicate that they contain steel plies (although the number
is misstated as 5 instead of 4).
NHTSA also granted similar petitions involving tires manufactured
by Cooper Tire and SRI (Dunlop). See 74 FR 10804 (March 12, 2009)
(granting petition submitted by SRI where tires were labeled ``Tread 3
Polyester + 2 Steel,'' whereas the correct marking should have been
``Tread 2 Polyester + 2 Steel+ 2 Polyester''); and 82 FR 17075 (April
7, 2017) (granting petition submitted by Cooper Tire & Rubber Company
where tires were marked ``TREAD 1 PLY NYLON + 2 PLY STEEL + 2 PLY
POLYESTER,'' whereas the correct marking should have been ``TREAD 1 PLY
NYLON + 2 PLY STEEL + 1 PLY POLYESTER.''
SRI is not aware of any warranty claims, field reports, customer
complaints, legal claims, or any incidents or injuries related to the
subject condition.
SRI concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and 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'S Decision
NHTSA'S Analysis: The agency agrees with SRI 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 this petition 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
relating 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 measureable
effect on the safety of the tire retread, repair, and recycling
industries. The use of steel cord
[[Page 13004]]
construction in the sidewall and tread is the primary safety concern of
these industries. In this case, because of the sidewall marking
indicate that some steel plies exist in the tire sidewall, this
potential safety concern does not exist.
NHTSA'S Decision: In consideration of the foregoing, NHTSA finds
that SRI has met its burden of persuasion that the subject FMVSS No.
119 noncompliance in the affected tires is inconsequential to motor
vehicle safety. Accordingly, SRI's petition is hereby granted and SRI
is consequently exempted from the obligation of providing notification
of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and
30120.
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, this decision
only applies to the subject tires that SRI no longer controlled at the
time it determined that the noncompliance existed. However, the
granting of 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 SRI 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
Claudia Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-05983 Filed 3-23-18; 8:45 am]
BILLING CODE 4910-59-P
