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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices risk to any person towing or using a SCOUT Trailer.
b. Additionally, the correct tire pressure information can be found in three other locations: 1 On the SCOUT
Trailers certification label, as required under 49 CFR part 565; 2 in the SCOUT Trailer owners manual; and 3
on the SCOUT Trailers tire sidewall markings. Accordingly, including the tire pressure information label, there are four separate places where a SCOUT
Trailer owner can view the tire size, pressure, and load-carrying capacity information of his/her SCOUT Trailer.
c. TAP also stated that because the label provides correct information regarding tire size and inflation pressure, TAPs failure to utilize the formatting, provided in Figure 1 of FMVSS No. 110, will not present a motor vehicle safety risk or cause consumers to misunderstand the label.
2. NHTSA has previously granted petitions with inconsequential noncompliances where the noncompliance relates solely to the labeling that does not conform with formatting requirements and where the manufacturer can show that the noncompliance is unlikely to cause consumer misunderstanding.
a. TAP believes that granting this petition would be consistent with NHTSAs prior decisions on petitions involving label formatting requirements.
For example, in connection with a prior petition for inconsequential noncompliance, NHTSA found that deviations in the wording on the label required by FMVSS No. 303 were inconsequential because the rationale and intent of the labeling requirement was nonetheless met, even though the exact, prescribed wording was not used, See IMPCO Technologies; Grant of Petition, 65 FR 14009 March 15, 2000.
Similarly, in another matter, NHTSA
concluded that the noncompliance with the seat belt assembly label requirements was inconsequential because although the subject assemblies had the wrong label, the likelihood that a seatbelt would be incorrectly installed as a result was low, See TRW, Inc., Grant of Petition, 55 FR 7171, 7172
February 4, 1993.
Finally, in connection with a petition similar to this one, NHTSA recently found that a tire pressure information label that was not completely legible but provided all of the correct information was an inconsequential noncompliance, See Mercedes-Benz USA, LLC, Grant of Petition, 84 FR 25118 May 30, 2019.
With respect to that petition, NHTSA
reasoned that the noncompliance was inconsequential because the owners could still find the relevant information
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in other locations, such as in the owners manual and on the tire sidewall.
Here, TAPs petition for inconsequential noncompliance meets the criteria that NHTSA has previously held such petitions must meet in order to be granted.
3. NHTSA has also granted petitions for inconsequential noncompliances where tire pressure information labels contained incorrect or missing information.
a. TAP says that NHTSA has also granted petitions for inconsequential noncompliance relating to the tire pressure information labels when the label contained incorrect information or was missing tire pressure information altogether, See General Motors, LLC, Grant of Petition, 84 FR 25117 May 30, 2019. In so holding, NHTSA reasoned that owners can determine the correct tire pressure information through the owners manual or other locations. Also, NHTSA recently granted a petition for inconsequential noncompliance where the tire pressure information label provided tire inflation information for 18-inch tires, even though the vehicle was equipped with 17-inch tires, See BMW of North America, LLC, Grant of Petition, 84 FR 26505 June 6, 2019.
NHTSA concluded that there was no risk of underinflating or overloading the tires, and consumers could find the correct tire pressure information in the owners manual or on the tire sidewall.
Here, not only can the correct tire pressure information for the SCOUT
Trailer be found in various other places, but unlike the petitions referenced above, it can also be found on the tire pressure information label itself, as TAP
has confirmed that the information listed on the label is accurate.
4. TAP will correct the formatting and color noncompliance on all SCOUT
Trailers subsequently sold.
a. To address the noncompliance referenced in the part 573 Report, TAP
has reformatted the SCOUT Trailer tire pressure information label and will utilize the properly formatted label on all SCOUT Trailers sold subsequent to the filing of its June 26, 2019, part 573
Report.
TAP 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.

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NHTSAs Analysis TAP Worldwide explained that the noncompliance is that while containing all technical information required by FMVSS No. 110, the installed labels on the subject vehicles do not conform to the formatting and color requirements referenced in Figure 1 of FMVSS No.
110.
The intent of FMVSS No. 110 is to ensure that vehicles are equipped with tires appropriate to handle maximum vehicle loads and prevent overloading.
As notated by TAP in their petition submission, the actual technical information in this case, the appropriate tire pressure and cargo carrying capacity value is correct.
However, the format of the label i.e., its coloringeither yellow text and black background or black text with a yellow background surrounded by a red borderand missing tire figure was not that which is prescribed by Figure 1 in FMVSS No. 110, S4.3. The combination of contrasting colors and the figure representing a tire were placed on the tire and loading information label in order to attract the attention of the consumer to this important tire related information. In lieu of the fact that the noncompliance is an incorrectly colored formatted tire pressure label and a missing representation of an actual tire, NHTSA agrees with the manufacturer that the subject noncompliance will not create a safety risk to any person towing or using the subject trailer.
NHTSAs Decision In consideration of the foregoing analysis, NHTSA finds that TAP
Worldwide has met its burden of persuasion that the subject FMVSS No.
110 noncompliance at issue is inconsequential to motor vehicle safety.
Accordingly, TAPs petition is hereby granted and TAP Worldwide 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. 30118d and 30120h 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 applies to the subject trailers that TAP no longer controlled at the time it determined that the noncompliance existed. However, the
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