Hercules Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 106739-106741 [2024-30951]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106739-106741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30951]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0096; Notice 3]


Hercules Tire & Rubber Company, Grant of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: Hercules Tire & Rubber Company, (Hercules), has determined 
that certain Hercules Power ST2 radial trailer 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), Specialty Tires, and Tires for Motorcycles. 
Hercules filed an original noncompliance report dated December 9, 2021, 
and amended the report on December 14, 2021, and March 9, 2022. 
Hercules petitioned NHTSA on December 16, 2021, and amended the 
petition on March 9, 2022, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This document announces the grant of Hercules's petition.

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Hercules determined that certain Hercules Power ST2 
radial trailer tires do not fully comply with the requirements of 
paragraph S6.5(b) of FMVSS No. 119, New Pneumatic Tires for Motor 
Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 Pounds), 
Specialty Tires, and Tires for Motorcycles (49 CFR 571.119).
    Hercules filed an original noncompliance report dated December 9, 
2021, and amended the report on December 14, 2021, and March 9, 2022, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Hercules petitioned NHTSA on December 16, 2021, and 
amended its petition on March 9, 2022, for an

[[Page 106740]]

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 Hercules's petition was published with a 30-
day public comment period, on August 10, 2022, in the Federal Register 
(87 FR 48760). A correction to the notice of receipt of Hercules's 
petition was published on December 30, 2022, in the Federal Register 
(87 FR 80257) and extended the public comment period. 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-2021-0096.''
    II. Tires Involved: Approximately 67 Hercules Power ST2 size ST205/
75R15 radial trailer tires, manufactured between November 23, 2020, and 
November 29, 2020, were reported by the manufacturer.
    III. Noncompliance: Hercules explains that the noncompliance is due 
to a mold error in which the subject tires contain a tire 
identification number (TIN) with the second and third numerical symbols 
in the date code transposed and therefore, do not meet the requirements 
of paragraph S6.5(b) of FMVSS No. 119. Specifically, the TIN on the 
subject tires incorrectly states the date code as ``4280,'' when it 
should state ``4820.''
    IV. Rule Requirements: Paragraph S6.5(b) of FMVSS No. 119 and part 
574.5(b)(3) include the requirements relevant to this petition. FMVSS 
No. 119 states the TIN must meet the requirements set forth in part 
574. Part 574.5(b)(3), states that the date code portion of the TIN 
must identify the week and year of manufacture. The first and second 
symbols of the date code must identify the week of the year by using 
``01'' for the first full calendar week in each year, ``02'' for the 
second full calendar week, and so on. The third and fourth symbols of 
the date code must identify the last two digits of the year of 
manufacture.
    V. Summary of Hercules's Petition: The following views and 
arguments presented in this section, ``V. Summary of Hercules's 
Petition,'' are the views and arguments provided by Hercules. They do 
not reflect the views of the Agency. Hercules describes the subject 
noncompliance and contends that the noncompliance is inconsequential as 
it relates to motor vehicle safety.
    Hercules explains that the subject noncompliance does not result in 
an increased risk to safety because the incorrect date code (``4280'') 
indicates that the subject tires were manufactured in the 42nd week of 
either 1980 or 2080. According to Hercules, ``[t]he only years that a 
year code of 80 could potentially relate to are 1980, over 40 years 
ago, or 2080, which is so far into the future to be implausible.'' 
Hercules claims the subject noncompliance would not cause a consumer to 
use the tire beyond its recommended maximum service life because a 
``consumer would not simply assume that the year code listed on the 
tire is in fact the correct date and be misled.'' Hercules says that if 
a consumer did follow the date code listed on the subject tires, ``the 
guidance provided on NHTSA's website,'' informs consumers that ``tires 
should be replaced within six to 10 years regardless of treadwear.'' In 
addition, because the year the date code indicates is implausible if a 
dealer were to store the subject tires for multiple years before 
selling them, Hercules believes ``there is no risk of misleading the 
consumer about the age of the tire.''
    Hercules says that while the second and third symbols in the date 
code were transposed in the TIN, ``all other content within the TIN is 
accurate and the tires otherwise conform to the performance 
requirements applicable to specialty trailer tires.'' Hercules states 
that the subject noncompliance ``affects only the single week of tire 
production and the condition has been corrected in production.''
    Hercules states that granting its petition would be consistent with 
similar decisions that NHTSA has previously granted for 
inconsequentiality. Hercules cited the following prior petitions that 
NHTSA has granted, and that Hercules believes support the granting of 
its petition:
     Bridgestone Firestone North America Tire, LLC, Grant of 
Petition for Decision of Inconsequential Noncompliance, 71 FR 4396 
(January 26, 2006);
     Bridgestone/Firestone, Inc., Grant of Application for 
Decision That Noncompliance Is Inconsequential to Motor Vehicle Safety, 
66 FR 45076 (August 27, 2001).
    Hercules believes that NHTSA's primary concern related to 
mislabeled or inaccurate TINs is the potential for adverse safety 
consequences due to consumers using aged tires that are beyond the 
manufacturer's recommended service life and regardless of the service 
condition of the tire. See Cooper Tire & Rubber Company, 86 FR 47726 
(August 26, 2021).
    In the event of a recall, Hercules says that it has taken steps to 
ensure that it would be able to identify the subject tires and notify 
consumers successfully. Hercules says they have ensured that consumers 
will be able to register the tires with the noncompliant TIN (date code 
``4280'') and that their database will identify the tire ``as having 
been produced in calendar week 48, calendar year 2020'' (correct date 
code ``4820''). If a recall were necessary, Hercules says it would be 
able to contact consumers whose tires were registered and would include 
the TIN ``as it is listed on the tire sidewall so that consumers could 
check the recall notification against the tire sidewall for 
verification purposes.'' Hercules believes that this further supports 
the granting of its petition because it says NHTSA has stated in prior 
grants of inconsequentiality petitions that the purpose of a date code 
is to identify the tire so that, if necessary, the appropriate action 
can be taken in the interest of public safety--such as a safety recall 
notice.
    Hercules concludes by stating its belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety 
and 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.
    VI. NHTSA's Analysis: In determining 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\

[[Page 106741]]

Further, because each inconsequential noncompliance petition must be 
evaluated on its own facts and determinations are highly fact-
dependent, NHTSA does not consider prior determinations as binding 
precedent. Petitioners are reminded that they have the burden of 
persuading NHTSA that the noncompliance is inconsequential to safety.
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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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    In response to the petitioner's statement that subject tires that 
have remained in dealer inventory for an extended period would not lead 
to confusion on the part of a consumer, NHTSA notes that noncompliant 
tires may not be offered for sale, sold, or introduced into interstate 
commerce. Thus, entities should be aware that selling noncompliant 
tires could result in civil penalties, regardless if the petition is 
granted or denied.
    NHTSA has evaluated the merits of the petition submitted by 
Hercules and is granting Hercules' request for relief from notification 
and remedy based on the following:
    1. Based on its review of the information Hercules submitted, NHTSA 
has no basis for to believe that the tires do not meet the performance 
and labeling requirements of FMVSS No. 119, except for the incorrect 
date code.
    2. While NHTSA recognizes that TIN labeling errors might prevent 
consumers from successfully registering their tires and this would 
impact safety, in the subject petition the noncompliance would not 
prevent tire registration. One purpose of the TIN is to provide a means 
of identifying tires, and while the date code portion of the TIN is 
useful to identifying tires, it also provides information to consumers 
about the age of their tires which could be safety related. In this 
specific instance, where the numbers two and eight were interchanged in 
the date code, the agency believes that consumers will recognize that 
the code is an error. It is unlikely that a reasonable person will 
believe that the tires were manufactured in 1980. Therefore, NHTSA does 
not believe the incorrect date code will cause consumers to use the 
tire beyond its recommended service life, but rather recognize that 
there is an error in the date code portion of the TIN.
    3. NHTSA believes that the manufacturer has taken sufficient steps 
to ensure that the affected tires are included in future recalls by:
    a. Verifying that the tires having the incorrect date code may be 
registered using their tire registration system.
    b. Ensuring that their registration database will correctly 
identify the tires as having been produced in week 48 of 2020, when the 
date code 4280 is entered.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA 
finds that Hercules has met its burden of persuasion that the subject 
FMVSS No. 119 noncompliance in the affected tires is inconsequential to 
motor vehicle safety. Accordingly, Hercules's petition is hereby 
granted and Hercules 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 Hercules no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition 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 they were notified 
that the subject noncompliance existed.

(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. 2024-30951 Filed 12-27-24; 8:45 am]
BILLING CODE 4910-59-P