[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64403-64405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25223]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0082; Notice 2]


Yokohama Tire Corporation, 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: Yokohama Tire Corporation (YTC) has determined that certain 
Yokohama RY023 brand replacement commercial 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 lbs) and Motorcycles. YTC filed a noncompliance 
report dated July 12, 2018. YTC subsequently petitioned NHTSA on July 
31, 2018, and submitted a supplemental petition on February 6, 2019, 
for a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces the grant of 
YTC's petition.

FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202) 366-5310, facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION: 
    I. Overview: YTC has determined that certain Yokohama brand RY023 
replacement commercial tires do not fully comply with paragraph S6.5(d) 
and (j) of 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 lbs) and Motorcycles (49 CFR 571.119). YTC filed a 
noncompliance report dated July 12, 2018, pursuant to 49 CFR part 573, 
Defects and Noncompliance Responsibility and Reports. YTC subsequently 
petitioned NHTSA on July 31, 2018, and submitted a supplemental 
petition on February 6, 2019, 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 YTC's petition was published with a 30-day 
public comment period, on June 21, 2019, in the Federal Register (84 FR 
29280). 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-2018-0082.''
    II. Tires Involved: Approximately 4,704 Yokohama RY023 size 11R22.5 
16(LR H) 146/143L commercial tires, manufactured between February 2, 
2018, and May 17, 2018, are potentially involved.
    III. Noncompliance: YTC explains that the noncompliance was due to 
a mold error in which one sidewall, the serial sidewall, of subject 
tires incorrectly state the ply rating, load range and load capacity as 
required by paragraph S6.5 (d) and (j) of FMVSS No. 119.
    Specifically, the tires were marked:

14 PR LOAD RANGE G
MAX. LOAD SINGLE 2800 kg (6175 lbs) at 720 kPa (105psi) COLD

[[Page 64404]]

MAX. LOAD DUAL 2650 kg (5840 lbs) at 720 kPa (105 psi) COLD

    When they should have been marked:

16 PR LOAD RANGE H
MAX. LOAD SINGLE 3000 kg (6610 lbs) at 830 kPa (120 psi) COLD
MAX. LOAD DUAL 2725 kg (6005 lbs) at 830 kPa (120 psi) COLD

    IV. Rule Requirements: Paragraph S6.5(d) and (j) of FMVSS No. 119, 
includes the requirements relevant to this petition:
     Except as specified in paragraph S6.5, each tire shall be 
marked on each sidewall with the information specified in paragraphs 
(a) through (j) of paragraph S6.5.
     The maximum load rating and corresponding inflation 
pressure of the tire, shown as follows:
    (Mark on tires rated for single and dual load): Max load single 
__kg (__lb) at __kPa (__psi) cold. Max load dual __kg (__lb) at __kPa 
(__psi) cold.
    (Mark on tires rated for only for single load): Max load single 
__kg (__lb) at __kPa (__psi) cold.
     Markings must contain the letter designating the tire load 
range.
    V. Summary of Petition: YTC described the subject noncompliance and 
stated its belief that the noncompliance is inconsequential as it 
relates to motor vehicle safety.
    In support of its petition, YTC submitted the following arguments:
    1. This Petition concerns Yokohama 11R22.5 16PR RY023 commercial 
truck and bus replacement tires whose branding information incorrectly 
states the ply rating, load range and load capacity on one side (serial 
side) only, while the branding information on the other side (opposite 
serial side) is correct for the subject tires. Because of this mold 
branding error, these tires are not in compliance with the tire 
labeling requirement found in 49 CFR 571.119 S6.5(d) and (j), even 
though all of these tires were manufactured with the correct ply rating 
and load range.
    2. YTC implemented verification countermeasures to prevent any 
recurrence of any incorrect tire markings. Further investigation 
determined that the suspect period ended when the incorrect mold had 
been removed from production on May 17, 2018, in the 19th production 
week of 2018. The 764 tires in containment will be repaired before they 
are sold.
    3. Significantly, these tires were manufactured as designed and 
meet or exceed all applicable Federal motor vehicle safety performance 
standards. While the sidewall markings are correct on the opposite 
serial side, the sidewall markings on the serial side understate the 
construction and capacity of the subject tires. The misbranding of 
these tires is not a safety concern and also has no impact on the 
retreading, repairing and recycling industries. The affected tire mold 
has already been corrected and all future production will have the 
correct material shown on the sidewall.
    4. NHTSA has studied the impact of tire labeling information on 
safety in the context of its rulemaking efforts under the 
Transportation Recall Enhancement, Accountability and Documentation 
(TREAD) Act. YTC stated that NHTSA's analysis concluded that tire 
construction information on a tire's sidewall is not relied upon by 
dealers and consumers in the selling or purchasing of tires and has an 
inconsequential impact on motor vehicle safety. In addition, YTC cited 
the following petitions that the agency has previously granted for 
similar noncompliances: See Sumitomo Rubber Industries, Grant of 
Petition for Decision of Inconsequential Noncompliance, 83 FR 13002 
(March 26, 2018) and Goodyear Tire & Rubber Co., Grant of Petition for 
Decision for Inconsequential Noncompliance, 82 FR 18210 (April 17, 
2017).
    The Agency has studied the implications of tire labeling 
information on motor vehicle safety during the rulemaking process for 
the TREAD Act and the merits for a decision regarding the subject 
inconsequential noncompliance petition aligns with previous 
inconsequential petitions with similar noncompliances the agency has 
granted and as cited by YTC.
    YTC concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that 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.
    YTC's complete petition 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 purpose of the label stating the tire's 
load carrying capabilities as described in section S6.5(d), and the 
load range marking letter required by paragraph S6.5(j), is to inform 
tire purchasers and end-users about the load capacity of the tire. In 
the case of the subject tires, YTC explained that the information the 
load range letter is meant to convey understates the construction and 
capacity of the subject tire RY023 model and size 11R22.5. 
Specifically, the tires were marked with the load range ``G'' when in 
fact the correct load range is ``H.'' Because the tires were designed 
for the higher load capacity, ``H'' at 3000 kg for single load and 2725 
kg for dual load, if a consumer followed the load range ``G'' as 
marked, indicating the tire was capable of withstanding a 2800 kg for 
single load and 2650 kg for dual load, they would be using the tire in 
a load-carrying capacity lower than the actual load-carrying capacity 
of the subject tires. On February 25, 2013, a similar petition for 
inconsequential noncompliance on was granted to Guizhou tyres with 
respect of a mismarking of a tire load range, in which was incorrectly 
marked as ``F'' when they should be tire load range ``G'' (see 78 FR 
12828).
    Because these subject tires have a greater load carrying capability 
than the marking load range ``G'' indicates, there is no risk of these 
tires being overloaded and thus, no risk to safety based on the 
incorrect label.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA 
finds that YTC has met its burden of persuasion that the subject FMVSS 
No. 119 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, YTC's petition is hereby granted and YTC 
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, any decision on 
this petition only applies to the subject tires that YTC no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on 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 YTC 
notified them that the subject noncompliance existed.


[[Page 64405]]


    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. 2019-25223 Filed 11-20-19; 8:45 am]
 BILLING CODE 4910-59-P