Pirelli Tire, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
| Published date | 10 March 2020 |
| Citation | 85 FR 13974 |
| Record Number | 2020-04814 |
| Section | Notices |
| Court | National Highway Traffic Safety Administration,Transportation Department |
Federal Register, Volume 85 Issue 47 (Tuesday, March 10, 2020)
[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Notices]
[Pages 13974-13975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04814]
[[Page 13974]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0007; Notice 2]
Pirelli Tire, LLC, 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: Pirelli Tire, LLC (Pirelli), has determined that certain
Pirelli P Zero replacement tires do not comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for
Light Vehicles. Pirelli filed a noncompliance report dated November 19,
2018, and subsequently petitioned NHTSA on December 14, 2018, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces the grant of
Pirelli'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) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview
Pirelli has determined that certain Pirelli P Zero replacement
tires do not fully comply with paragraphs S5.5(e) and (f) of FMVSS No.
139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139).
Pirelli filed a noncompliance report dated November 19, 2018, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports, and subsequently petitioned NHTSA on December 14, 2018, for an
exemption from the notification and remedy requirement 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 Pirelli's petition was published, with a 30-
day public comment period on August 28, 2019, in the Federal Register
(84 FR 45208). 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-2019-0007.''
II. Equipment Involved
Approximately 28 Pirelli P Zero replacement tires, size 265/45R21
104W, manufactured between July 10, 2018, and August 08, 2018, are
potentially involved.
III. Noncompliance
Pirelli explains that the noncompliance is due to a mold error and
that as a result, the number of tread plies indicated on the sidewall
of the subject tires does not match the actual number of plies in the
tire construction as required by paragraphs S5.5(e) and (f) of FMVSS
No. 139. Specifically, the tires were marked ``Tread: 2 Polyester 2
Steel 1 Polyamide; Sidewall: 1 Polyamide'' when they should have been
marked ``Tread: 2 Polyester 2 Steel 1 Polyamide; Sidewall: 2
Polyester.''
IV. Rule Requirements
Paragraphs S5.5(e) and (f) of FMVSS No. 139 provide the
requirements relevant to this petition. Each tire must be marked on
each sidewall with the information specified in paragraphs 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
paragraph S7 of FMVSS No. 139. Specifically, each tire should be marked
with the generic name of each cord material used in the plies (both
sidewall and tread area) of the tire and the actual number of plies in
the sidewall, and the actual number of plies in the tread area, if
different.
V. Summary of Petition
Pirelli 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, Pirelli submitted the following
reasoning:
1. The subject tires comply with the performance requirements and
all other marking requirements of FMVSS No. 139.
2. The tire construction information for the subject tires has been
corrected in Pirelli's centralized R&D system that creates the drawings
used in manufacturing the tire molds. Pirelli is in the process of
correcting the subject molds before they are used for future
production.
3. Pirelli cited the Agency as saying that it ``believes that one
measure of inconsequentiality to motor vehicle safety, in this case, is
that there is no effect of the noncompliance on the operational safety
of vehicles on which these tires are mounted. The safety of people
working in the tire retread, repair, and recycling industries must also
be considered and is a measure of inconsequentiality.'' See 83 FR 36668
(July 30, 2018) (Grant of petition for determination of inconsequential
noncompliance for Continental tires, for tires marked with the
incorrect number of tread plies.
4. Pirelli stated that the subject tires were manufactured as
designed and meet or exceed all applicable FMVSS No. 139 performance
standards. Furthermore, all of the sidewall markings related to tire
service (load capacity, corresponding inflation pressure, etc.) are
correct and the tires correctly show that they contain tread plies.
Pirelli does not believe the mislabeling of these tires presents a
safety concern for consumers or for the retreading and recycling
personnel.
5. Pirelli says that NHTSA has granted similar petitions involving
tires manufactured by Cooper Tire and Goodyear (Dunlop). See 74 FR
10804 (March 12, 2009), grant of petition submitted by Goodyear where
tires were marked ``Tread 3 Polyester + 2 Steel,'' whereas the correct
marking should have been ``Tread 2 Polyester + 2 Steel + 2 Polyamide;''
82 FR 17075 (April 7, 2017). See 82 FR 17075 (April 7, 2017) grant of
petition submitted by Cooper Tire & Rubber Company where tires were
marked ``TREAD 1 PLY NYLON + 2 PLY STEEL + 2 PLY POLYESTER,'' whereas
the correct marking should have been ``TREAD 1 PLY NYLON + 2 PLY STEEL
+ 1 PLY POLYESTER.'' See 83 FR 13002 (March 26, 2018), grant of
petition submitted by Sumitomo Rubber Industries Ltd. where tires were
marked ``TREAD 5 PLIES STEEL'' whereas the correct marking should have
been ``TREAD 4 PLIES STEEL.''
6. Pirelli is not aware of any warranty claims, field reports,
customer complaints, legal claims, or any incidents or injuries related
to the subject condition.
VI. NHTSA's Analysis
NHTSA has evaluated the merits of the inconsequential noncompliance
petition submitted by Pirelli and agrees that this particular
noncompliance is inconsequential to motor vehicle safety. NHTSA
believes that the true measure of inconsequentiality to motor vehicle
safety, in this case, is that there is no effect of the noncompliances
on the operational safety of vehicles on which these tires are mounted.
Although tire construction affects the strength and durability,
neither the Agency nor the tire industry provides information relating
tire strength and durability to the ply cord material in the
[[Page 13975]]
tread and sidewall. Therefore, tire dealers and customers should
consider the tire construction information along with other information
such as load capacity, maximum inflation pressure, and tread wear,
temperature, and traction ratings, to assess the performance
capabilities of various tires.
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 cord construction in the sidewall and
tread is the primary safety concern of these industries. In this case,
because the sidewall marking indicates that some steel plies exist in
the tire tread, this potential safety concern does not exist.
In the Agency's judgment, 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 ply material in a tire.
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that Pirelli has met
its burden of persuasion that the FMVSS No. 139 noncompliance is
inconsequential as it relates to motor vehicle safety. Accordingly,
Pirelli's petition is hereby granted and Pirelli is exempted from the
obligation of providing notification of, and a remedy for, the
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 equipment that Pirelli no longer controlled
at the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve equipment distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant equipment under their control after Pirelli notified
them that the subject noncompliance existed.
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. 2020-04814 Filed 3-9-20; 8:45 am]
BILLING CODE 4910-59-P
