[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51524-51525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20636]
[[Page 51524]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0115; Notice 1]
Yokohama Tire Corporation, Receipt of Petition for Decision of
Inconsequential Noncompliance
Yokohama Tire Corporation (YTC) \1\ has determined that certain
P215/60R15 93H AVID H4S passenger car replacement tires did not fully
comply with Paragraph S5.5.1 of Federal Motor Vehicle Safety Standard
(FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. On
January 21, 2010, YTC filed an appropriate report pursuant to 49 CFR
part 573 Defect and Noncompliance Responsibility and Reports.
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\1\ Yokohama Tire Corporation (YTC) is a corporation of the
State of California that manufactures replacement equipment.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), YTC has petitioned 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.
This notice of receipt of YTC's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
Affected are approximately 6,254 \2\ P215/60R15 93H AVID H4S
passenger car replacement tires that were manufactured in YTC's Salem,
Virginia manufacturing plant during the period December 2, 2007 through
September 19, 2009.
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\2\ YTC's petition, which was filed under 49 CFR Part 556,
requested an agency decision to exempt YTC as replacement equipment
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for 7,836 of the affected tires. Subsequent to filling
its petition, YTC notified NHTSA that the actual number of affected
tires is 6,254. We also note that the agency cannot relieve YTC
distributors 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 recognized
that the subject noncompliance existed. Those tires must be brought
into conformance, exported, or destroyed.
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Paragraphs S5.5.1 Of FMVSS No. 139 requires in pertinent part:
S5.5.1 Tire identification number.
(a) * * *
(b) Tires manufactured on or after September 1, 2009. Each tire
must be labeled with the tire identification number required by 49
CFR part 574 on the intended outboard sidewall of the tire. Except
for retreaded tires, either the tire identification number or a
partial tire identification number, containing all characters in the
tire identification number, except for the date code and, at the
discretion of the manufacturer, any optional code, must be labeled
on the other sidewall of the tire. Except for retreaded tires, if a
tire does not have an intended outboard sidewall, the tire must be
labeled with the tire identification number required by 49 CFR part
574 on one sidewall and with either the tire identification number
or a partial tire identification number, containing all characters
in the tire identification number except for the date code and, at
the discretion of the manufacturer, any optional code, on the other
sidewall.
YTC stated that the noncompliance is that the subject tires do not
have full or partial Tire Identification Numbers (TIN) on one of their
sidewalls. YTC explained that the intended outboard sidewall did have
the complete TIN, but the opposite sidewall has no TIN or partial TIN.
YTC stated its belief that the noncompliance is inconsequential to
motor vehicle safety for the following reasons:
All of the subject tires have been tested and certified
compliant with all of the durability requirements of FMVSS No.139
for high speed, endurance and low inflation pressure performance.
The tires also meet all of the physical dimension, resistance to
bead unseating and strength requirements of FMVSS No. 139.
Warranty and claim data for the subject tires reveals a very
small number of tire warranty returns, and no reports of claims
associated with accidents or tire failure incidents.
The TIN becomes important in the event of a safety campaign and
enables the owners to properly identify tires included in a captive
action campaign. While the subject tires are noncompliant with the
current FMVSS No. 139 sidewall marking regulation the subject tires
do have a full TIN on one sidewall that can be used in case of a
safety campaign. These tires are marked in the same manner that was
the requirement for many years prior to FMVSS No. 139 that now
requires the application of the additional TIN identifier in a full
or partial form. The absence of one TIN identifier on one tire
sidewall does not prohibit the ability to identify the tire as part
of a safety campaign or tire recall when required.
YTC indicated that they have implemented corrected procedures to
prevent this noncompliance from recurring in future production.
Based on the above stated reasons, YTC believes that the described
noncompliance of its tires to meet the requirements of FMVSS No. 139 is
inconsequential to motor vehicle safety, and that its petition, to
exempt it from providing recall notification of noncompliance as
required by 49 U.S.C. 30118 and remedying the recall noncompliance as
required by 49 U.S.C. 30120, should be granted.
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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http:[sol][sol]www.regulations.gov/. Follow
the online instructions for submitting comments. Comments may also be
faxed to 1-202-493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to
http:[sol][sol]www.regulations.gov, including any personal information
provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http:[sol][sol]www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and
[[Page 51525]]
supporting materials received after the closing date will also be filed
and will be considered to the extent possible. When the petition is
granted or denied, notice of the decision will be published in the
Federal Register pursuant to the authority indicated below.
Comment closing date: September 20, 2010.
Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.50 and 501.8.
Issued on: August 16, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-20636 Filed 8-19-10; 8:45 am]
BILLING CODE 4910-59-P