Specialty Tires of America, Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance, 63161-63162 [2020-22021]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63161-63162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22021]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0095; NHTSA-2019-0134; Notice 1]


Specialty Tires of America, Inc., Receipt of Petitions for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petitions.

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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 receipt of STA's petitions.

DATES: The closing date for comments on the petitions is November 5, 
2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on these petitions. Comments must refer to the 
docket number and notice number cited in the title of this notice and 
may be submitted by any of the following methods:
     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.
     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.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://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 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 https://www.regulations.gov, 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 petitions are 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 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. 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).

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.
    This notice of receipt, of STA's petitions, is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercises of judgment concerning the merits of the petitions.

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:
 8-17.5 LT STA Super Traxion
 8-17.5 STA Super Transport
 8-14.5LT G/14 STA Super Transport
 8-14.5LT F 12 STA Super Transport
 7.50-18 STA Super Traxion
 7.50-17 STA Super Transport
 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:
 37x12.50R20LT Interco SSR
 37x12.50R17LT Interco SSR
 35x12.50-16LT Interco Thornbird
 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.

[[Page 63162]]

139. Specifically, the subject tires were incorrectly marked in the 
following ways:
 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
 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
 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
 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
 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
 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
 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
 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
 37x12.50R17LT 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
 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
 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 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 have not been evaluated by the Agency and 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 concludes 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.
    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 
these petitions only apply to the subject tires that STA no longer 
controlled at the time it determined that the noncompliances existed. 
However, any decision on these petitions does not relieve tire 
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 STA 
notified them that the subject noncompliances 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. 2020-22021 Filed 10-5-20; 8:45 am]
BILLING CODE 4910-59-P