NHTSA Rules Grote Exempted from Remedy for Noncompliance

The National Highway Traffic Safety Administration (NHTSA) has decided that Grote Industries LLC has met its burden of persuasion that its noncompliance to Federal Motor Vehicle Safety Standard No. 106 is inconsequential to motor vehicle safety.

NHTSA has granted Grote's petition, and Grote is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120.

Grote Industries LLC determined last year that certain Grote bulk nylon air brake tubing manufactured between December 2013 and March 2014 does not fully comply with FMVSS No. 106 and has submitted a petition 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.

Affected are approximately 869 spools of Grote nylon air brake tubing. Due to a production error, the affected air brake tubing is not properly marked in accordance with paragraph S11.2.1(a) of FMVSS No. 106, which requires plastic air brake tubing to be marked with a designation that identifies the manufacturer of the tubing.

In addition, some of the tubing also does not comply with paragraph S11.2.1(e) of FMVSS No. 106, which requires plastic air brake tubing to be marked with the letter “A” to indicate intended use in air brake systems. Specifically, all of the subject brake tubing was mismarked with the number “1913” in addition to “GROTE” and some of the tubing was also mismarked with the letter “B,” instead of the letter “A.”