Specialty Tires of America, Inc., Grant of Petitions for Decision of Inconsequential Noncompliance, 61431-61432 [2022-21997]
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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
carrier related estimates are based on
the November 26, 2021, Licensing and
Insurance, Motor Carrier Management
Information System, and Safety
Measurement System snapshots. The
data pulled for the current ICR shows an
increase in the overall number of
affected property carriers and a decrease
in the overall number of affected
passenger carriers from the data used in
the previous ICR. The increase in the
number of affected property carriers was
greater than the decrease in the overall
number of affected passenger carriers
which resulted in an increase in the
overall burden hours associated with
this ICR.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
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Issued under the authority of 49 CFR
1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2022–21978 Filed 10–7–22; 8:45 am]
BILLING CODE 4910–EX–P
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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petitions.
AGENCY:
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
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:37 Oct 07, 2022
Jkt 259001
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,
Jayton.Lindley@dot.gov.
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
https://www.regulations.gov/. 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:
• 8–17.5 LT STA Super Traxion
• 8–17.5 STA Super Transport
• 8–14.5LT G/14 STA Super Transport
PO 00000
Frm 00156
Fmt 4703
Sfmt 4703
•
•
•
•
61431
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. 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
E:\FR\FM\11OCN1.SGM
11OCN1
khammond on DSKJM1Z7X2PROD with NOTICES
61432
Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
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 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
VerDate Sep<11>2014
17:37 Oct 07, 2022
Jkt 259001
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
https://www.regulations.gov 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
PO 00000
Frm 00157
Fmt 4703
Sfmt 4703
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
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0112; Notice 2]
FCA US LLC, Denial of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition.
AGENCY:
FCA US LLC (f/k/a Chrysler
Group LLC) (‘‘FCA US’’) has determined
that certain model year (MY) 2019–2020
Ram 4500/5500 Cab Chassis motor
vehicles equipped with Mopar rear
brake hoses and replacement brake
SUMMARY:
E:\FR\FM\11OCN1.SGM
11OCN1
]]>Agencies
[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61431-61432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, [email protected].
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 https://www.regulations.gov/. 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:
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. 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
[[Page 61432]]
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 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
https://www.regulations.gov 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
