Overview
Title
Hercules Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance
Agencies
ELI5 AI
Hercules Tire & Rubber Company made a mistake on some of their trailer tires by putting the wrong date on them. They asked for permission to leave it as is because it doesn't make the tires unsafe, and the safety group agreed.
Summary AI
Hercules Tire & Rubber Company found that some of their trailer tires had a misprint in the tire identification number (TIN), which showed the wrong manufacturing date. They asked the National Highway Traffic Safety Administration (NHTSA) to allow the misprinted TIN because they believe it doesn't pose a safety risk. NHTSA agreed, stating that consumers would likely recognize the error and not use the tires longer than they should. As a result, Hercules doesn't have to notify customers or offer a free fix for the error, though dealers still can't sell the tires knowing they have this issue.
Abstract
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.
Keywords AI
Sources
AnalysisAI
Summary of the Document
The document reports a decision by the National Highway Traffic Safety Administration (NHTSA) to grant Hercules Tire & Rubber Company's request to consider a specific noncompliance issue in their tires as inconsequential. Hercules discovered that a batch of their Hercules Power ST2 trailer tires had a mistake in the tire identification number (TIN), with the date of manufacture incorrectly marked. The correct date should have reflected production in late 2020, but due to a typographical error, it was marked as 1980 or 2080. Hercules argued that this error does not pose a significant safety risk since consumers are unlikely to interpret the production year of 1980 or 2080 as plausible. NHTSA agreed, resulting in Hercules not being required to notify consumers or offer a remedy, although dealers cannot sell these noncompliant tires.
Significant Issues or Concerns
The document contains intricate legal references that might be challenging for those without a legal background. It mentions various laws and safety standards, such as FMVSS No. 119, without providing basic summaries, making it less accessible to readers unfamiliar with these regulations. Moreover, while the document describes technical errors in the TIN, some readers may find the explanation overly technical, lacking clarity on how these errors practically impact safety or compliance.
One notable omission is the number of tires reaching consumers, which is critical for understanding the issue's scale. The document lacks insight into why no public comments were received during the extended comment period, which could highlight issues around public awareness or engagement in regulatory processes.
Impact on the Public
For the general public, this decision highlights the complexities of tire safety regulations and the processes that manufacturers must follow to ensure compliance. It also emphasizes the role of NHTSA in assessing the significance of compliance errors and their potential safety impacts. While no immediate safety risks are identified, the document reassures consumers that their ability to identify when their tires should be serviced remains unaffected.
Impact on Stakeholders
For Hercules Tire & Rubber Company, the decision is notably beneficial. By being exempted from issuing notifications or remedies, the company avoids potentially significant logistical and financial obligations. However, tire distributors and dealers face restrictions, as they must ensure noncompliant tires are not sold while already in their inventory. They need to consider the operational implications carefully.
On the broader landscape, the document might prompt other manufacturers to re-evaluate their processes for labeling accuracy, potentially seeking similar exemptions if they encounter comparable situations. Nonetheless, NHTSA's decision underscores that such petitions are highly fact-specific, suggesting that not every case of noncompliance will be treated similarly.
Issues
• The document includes complex legal and regulatory references that may be difficult for a layperson to fully understand without specialized knowledge.
• The language used in the document to describe the technical details of the tire noncompliance, such as the transposition of numbers in the Tire Identification Number (TIN), could be made clearer for individuals without expertise in tire manufacturing standards.
• The document does not clarify how many of the approximately 67 noncompliant tires have reached consumers, which could be important for assessing potential impact.
• The document refers to laws and sections without providing a brief summary, which might be beneficial to include for clarity, especially for readers unfamiliar with those regulations.
• There is no mention of any financial implications or cost associated with granting the petition, which might be useful to assess the potential impact on consumers or the market.
• The document does not explain why no public comments were received during the extended public comment period, which might be an issue if public participation is considered important for transparency and accountability.