[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]


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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.

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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 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


