[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27476-27478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11091]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0142; Notice 2]


Pirelli Tire LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Petition Grant.

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SUMMARY: Pirelli Tire LLC (Pirelli), has determined that approximately 
30,881 Pirelli Pzero Nero M+S and Scorpion Zero Asimmetrico replacement 
tires produced between September 2, 2007, and December 12, 2009, do not 
fully comply with the tire labeling requirements of paragraphs S5.5 and 
S7.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New 
Pneumatic Radial Tires for Light Vehicles. On March 12, 2010, Pirelli 
filed an appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Pirelli has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety. Specifically, 
Pirelli submitted the original petition dated March 12, 2010, and a 
supplement to the original petition dated April 12, 2010.
    Notice of receipt of Pirelli's petition was published, with a 30-
day public comment period, on November 9, 2010, in the Federal Register 
(75 FR 68855). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System Web 
site at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2010-0142.''
    Contact Infromation: For further information on this decision, 
contact Mr. Jack Chern, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-0661, facsimile (202) 366-7002.
    Tires Involved: Affected are approximately 30,881 Pirelli Pzero 
Nero M+S and Scorpion Zero Asimmetrico replacement tires produced 
between September 2, 2007, and December 12, 2009,--in the tire sizes 
indicated in the following list--have the subject noncompliance:

P245/45ZR17 95W, Pzero Nero M+S
P235/45ZR17 94W, Pzero Nero M+S
P235/40ZR18 91W, Pzero Nero M+S
P215/35ZR18 84W, Pzero Nero M+S
P215/35ZR19 85W, Pzero Nero M+S
265/35ZR22 102W Extra Load, Scorpion Zero Asimmetrico
295/30ZR22 103W Extra Load, Scorpion Zero Asimmetrico
305/35ZR23 111W Extra Load, Scorpion Zero Asimmetrico
265/45ZR20 108W Extra Load, Scorpion Zero Asimmetrico

    Summary of Pirelli's Analysis and Arguments: Pirelli described the 
noncompliance as the absence of either the complete or partial tire 
identification number (TIN) on the inner tire sidewall as required by 
paragraphs S5.5 and S7.3 of FMVSS No. 139.
    Pirelli argues that because all of the affected tires have an 
asymmetric tread pattern that can only be correctly installed with the 
intended outer sidewall facing the outside of the vehicle. Pirelli also 
points out that asymmetric tires represent a very small percentage of 
the overall tire market.
    Pirelli explained that all of the affected tires are stenciled on 
the intended outboard sidewall with the lettering OUTER in four 
different languages (English, French, German and Italian).
    Pirelli further explained that the non-compliance was identified on 
February 26, 2010, during an inspection of mold branding at the plant 
that produced the subject tires. Pirelli then examined related 
production records in order to accurately identify the specific 
noncompliant tires. All molds are being modified or have been modified 
to ensure that the appropriate TIN information is contained on both 
sidewalls for future production.
    Pirelli provided the following basis of why they believe the 
subject noncompliance is inconsequential to motor vehicle safety:

    While the subject tires are noncompliant with paragraph S5.5 of 
FMVSS No. 139 for labeling, the noncompliance has an inconsequential 
effect on tire performance and motor vehicle safety because all of 
the affected tires meet or exceed all of the

[[Page 27477]]

minimum performance requirements of FMVSS No. 139.

    In addition, the Company mentioned the existence of certain factors 
that facilitates and encourages proper installation and thus provide 
accessibility and visibility of the full TIN on the outboard sidewall:

    Pirelli's internal policy allows dealers to sell these 
asymmetric tires only in pairs or in groups of four. As a result, 
these replacement tires are installed either on both sides of the 
rear axle or on all four locations. The odds of even one tire being 
mounted incorrectly are extremely remote, and the odds of two or 
four tires being mounted the wrong way are even more remote.
    All subject tires are either Pzero Nero M+S or Scorpion Zero 
Asimmetrico. Both product families are ultra high performance tires; 
their asymmetric tread design is one of the main features sought by 
consumers for the following reasons: precision handling in all 
conditions; full and compact external shoulder blocks for increased 
safety and dry handling performance; and inner shoulders designed to 
maximize traction with deeper and more regular cuts. These benefits 
are obtained only if the tires are mounted with the outer sidewall 
pointing to the outside of the vehicle. Having paid a substantial 
price to obtain these performance characteristics, the customers 
seek to ensure that their tires are installed correctly.
    Pirelli's product literature and training procedures reinforce 
the message on proper mounting.
    Pirelli provides extensive training to its authorized dealers, 
and that training focuses specifically on the need to mount 
asymmetric tires in the correct way.
    A second TIN number (on the inboard side of the tire) is not 
necessary either to ensure traceability or to allow consumers to 
operate their vehicles safely.
    Pirelli has not received a single complaint from any consumer, 
dealer, law enforcement agency, or other source that indicated any 
difficulty or problem in finding the full TIN, including the date 
code on its asymmetrical tires.
    Pirelli collects and tracks data on warranty claims for all of 
tires, including the tires at issue here. The warranty data confirm 
that these tires have performed extremely well in the field. The 
number of claims is very small, and there have been no claims 
involving property damage.

    In summation, for the reasons stated above, Pirelli believes that 
the described noncompliance concerning the tire labeling requirements 
of paragraphs S5.5 and S7.3 of FMVSS No. 139 are inconsequential and do 
not present a risk to motor vehicle safety. Thus, Pirelli requests that 
its petition, to exempt it from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
noncompliance as required by 49 U.S.C. 30120, should be granted. In a 
supplement to its petition Pirelli requested that if NHTSA decides to 
deny the petition, that at a minimum, NHTSA exempt the company from the 
remedy requirements of 49 U.S.C. 30120. Rather than replacing all tires 
subject to any such recall, Pirelli suggests that it would instead 
issue recall notices to all end users who can be located. Pirelli then 
would have its dealers inspect the tires. If the tires are properly 
mounted, with the TINs facing the outboard side of the vehicle, the 
tires would be left on the vehicle. Finally, if any tires were found to 
be mounted with the outboard sidewalls facing inward (which is 
extremely unlikely), the tires would be remounted in the appropriate 
way.

Requirement Background

    Paragraph s5.5 of FMVSS No. 139 requires in pertinent part:

    S5.5 Tire Markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard. The markings 
must be placed between the maximum section width and the bead on at 
least one sidewall, unless the maximum section width of the tire is 
located in an area that is not more than one-fourth of the distance 
from the bead to the shoulder of the tire. If the maximum section 
width falls within that area, those markings must appear between the 
bead and a point one-half the distance from the bead to the shoulder 
of the tire, on at least one sidewall. The markings must be in 
letters and numerals not less than 0.078 inches high and raised 
above or sunk below the tire surface not less than 0.015 inches.
    S5.5.1 Tire identification number.
    (a) Tires manufactured before September 1, 2009. Each tire must 
be labeled with the tire identification number required by 49 CFR 
part 574 on a sidewall of the tire. Except for retreaded tires, 
either the tire identification number or a partial tire 
identification number, containing all characters in the tire 
identification number, except for the date code and, at the 
discretion of the manufacturer, any optional code, must be labeled 
on the other sidewall of the tire.
    (b) Tires manufactured on or after September 1, 2009. Each tire 
must be labeled with the tire identification number required by 49 
CFR part 574 on the intended outboard sidewall of the tire. Except 
for retreaded tires, either the tire identification number or a 
partial tire identification number, containing all characters in the 
tire identification number, except for the date code and, at the 
discretion of the manufacturer, any optional code, must be labeled 
on the other sidewall of the tire. Except for retreaded tires, if a 
tire does not have an intended outboard sidewall, the tire must be 
labeled with the tire identification number required by 49 CFR part 
574 on one sidewall and with either the tire identification number 
or a partial tire identification number, containing all characters 
in the tire identification number except for the date code and, at 
the discretion of the manufacturer, any optional code, on the other 
sidewall * * *

    NHTSA's Analysis of Perelli's Reasoning: NHTSA does agree with 
Pirelli's assessment that the noncompliance with FMVSS No. 139 is 
inconsequential to motor vehicle safety. As discussed below, the tire 
markings required by paragraph S5.5 of FMVSS No. 139 provide valuable 
information to assist consumers in determining if their tires are the 
subject of a safety recall. However, in these asymmetric tires, the TIN 
will always be on the intended outboard sidewall.
    Paragraph S5.5.1(b) of FMVSS No. 139 requires that radial tires 
manufactured on or after September 1, 2009 for motor vehicles less than 
10,000 GVWR be permanently labeled with: (1) a full TIN required by 49 
CFR Part 574 on the intended outboard sidewall of the tire; (2) except 
for retreaded tires, either the full or a partial TIN containing all 
characters in the TIN, except for the date code, and at the discretion 
of the manufacturer, any optional code, must be labeled on the other 
sidewall of the tire.\1\
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    \1\ Tires manufactured after September 1, 2009 must be labeled 
with the TIN on the intended outboard sidewall of a tire and either 
the TIN or partial TIN on the other sidewall. 49 CFR 571.139 
S5.5.1(b). If a tire manufactured after September 1, 2009 does not 
have an intended outboard sidewall, one sidewall must be labeled 
with the TIN and the other sidewall must have either a TIN or 
partial TIN. Id.
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    Tire recalls in the year 2000 highlighted the difficulty that 
consumers experienced when attempting to determine whether a tire is 
subject to a recall when a tire is mounted so that the sidewall bearing 
the TIN faces inward i.e., underneath the vehicle. After a series of 
congressional hearings about the safety of and experiences regarding 
the tires involved in those recalls, Congress passed and the President 
signed into law the Transportation Recall Enhancement, Accountability, 
and Documentation (TREAD) Act on November 1, 2000. Pub. L. 106-414. 114 
Stat. 1800.
    One of the matters addressed by the TREAD Act was tire labeling. 
Section 11 of the TREAD Act required a rulemaking to improve the 
labeling of tires to assist consumers in identifying tires that may be 
the subject of a recall.
    In response to the TREAD Act's mandate, NHTSA published a final 
rule that, among other things, required that the TIN be placed on a 
sidewall of the tire and a full or partial TIN be placed on the other 
sidewall. See 67 FR 69600, 69628 (November 18, 2002), as amended

[[Page 27478]]

69 FR 31306 (June 3, 2004). In the preamble to the 2002 final rule, the 
agency identified the safety problem which prompted the issuance of the 
rule. 67 FR at 69602, 69606, and 69610. The agency explained that when 
tires are mounted so that the TIN appears on the inward facing 
sidewalls, motorists have three difficult and inconvenient options for 
locating and recording the TINs. Consumers must either: (1) Slide under 
the vehicle with a flashlight, pencil and paper and search the inside 
sidewalls for the TINs; (2) remove each tire, find and record the TIN, 
and then replace the tire; or (3) enlist the aid of a garage or service 
station that can perform option 1 or place the vehicle on a vehicle 
lift so that the TINs can be found and recorded. Without any TIN 
information on the outboard sidewalls of tires, the difficulty and 
inconvenience of obtaining the TIN by consumers results in a reduction 
of the number of people who respond to a tire recall campaign and the 
number of motorists who unknowingly continue to drive vehicles with 
potentially unsafe tires.
    Pirelli suggests that this noncompliance does not preclude 
motorists from checking the inboard sidewall if the TIN is not found on 
the outboard sidewall. However, since asymmetric tires are specially 
constructed for certain performance parameters, and the TIN is marked 
on the intended outboard sidewall, the Agency agrees that it is 
extremely unlikely that the tires will be mismounted with the inboard 
sidewall facing outboard.
    However, even though FMVSS No. 139 now requires TIN markings on 
both sidewalls of a tire so that consumers can readily determine if a 
tire is subject to a safety recall, in this case it is extremely 
unlikely that one or more of the asymmetric tires will be incorrectly 
mounted with the intended outboard sidewall facing inboard.
    NHTSA Decision: In consideration of the foregoing, NHTSA has 
decided that the petitioner has met its burden of persuasion that the 
noncompliance described is inconsequential to motor vehicle safety. 
Accordingly, Pirelli's petition is hereby 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, these provisions 
only apply to the 30,881\2\ vehicles that Pirelli no longer controlled 
at the time it determined that the noncompliance existed.
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    \2\ Pirelli's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Pirelli as a Tire manufacturer 
from the notification and recall responsibilities of 49 CFR part 573 
for the 30,881 affected tires. However, a decision on this petition 
cannot relieve tire distributors and dealers of the prohibitions on 
the sale, offer for sale, introduction or delivery for introduction 
into interstate commerce of the noncompliant tires under their 
control after Pirelli notified them that the subject noncompliance 
existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
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CFR 1.95 and 501.8)

    Issued on: May 1, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-11091 Filed 5-9-13; 8:45 am]
BILLING CODE 4910-59-P