Sumitomo Rubber USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 18684-18686 [2017-08008]

Download as PDF 18684 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2016–0015] Emergency Route Working Group— Notice of Public Meeting Federal Highway Administration (FHWA); DOT. ACTION: Notice of public meeting. AGENCY: This notice announces a meeting of the Emergency Route Working Group (ERWG). The Federal Advisory Committee Act requires that notice of such meetings be published in the Federal Register. DATES: The public meeting will be held on Wednesday, May 10, 2017, from 8:30 a.m. to 5 p.m., e.t., and Thursday, May 11, 2017, from 8:30 a.m. to 1 p.m. ADDRESSES: Both sessions of this public meeting will be held at U.S. Department of Transportation, 1200 New Jersey Ave., Conference Center, Washington, DC 20590. Due to the limited amount of parking around DOT Headquarters, use of public transit is strongly advised. The DOT is served by the Navy Yard Metrorail Station (Green line). The closest exit to DOT Headquarters is the Navy Yard exit. Train and bus schedules are available at Metrorail’s Web site at: http://www.wmata.com/rider_tools/ tripplanner/tripplanner_form_solo.cfm. FOR FURTHER INFORMATION CONTACT: Crystal Jones, FHWA Office of Freight Management and Operations, (202) 366– 2976, or via email at Crystal.Jones@ dot.gov or erwg@dot.gov. For legal questions, contact Seetha Srinivasan, FHWA Office of the Chief Counsel, (202) 366–4099 or via email at Seetha.Srinivasan@dot.gov. Office hours for FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Access asabaliauskas on DSK3SPTVN1PROD with NOTICES An electronic copy of this notice may be downloaded from the from the Federal Register’s home page at: http:// www.archives.gov; the Government Publishing Office’s database at: https:// www.gpo.gov/fdsys/; or the specific docket page at: www.regulations.gov. Background Purpose of the Committee: Section 5502 of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114– 94) requires DOT to establish an emergency route working group to determine best practices for expeditious State approval of special permits for VerDate Sep<11>2014 17:27 Apr 19, 2017 Jkt 241001 vehicles involved in emergency response and recovery. Pursuant to the Federal Advisory Committee Act (FACA), FHWA’s Office of Freight Management and Operations is announcing a public meeting of the Emergency Route Working Group (ERWG). The public meeting will be held on Wednesday, May 10, 2017, from 8:30 a.m. to 5p.m., e.t., and Thursday, May 11, 2017, from 8:30 a.m. to 1 p.m. These meetings are being conducted to develop recommendations for the DOT Secretary on issues and associated best practices to encourage expeditious State approval of special permits for vehicles involved in emergency response and recovery. Tentative Agenda: The agenda will include a topical discussion on considerations for best practices; including whether: (1) Impediments currently exist that prevent expeditious State approval of special permits for vehicles involved in emergency response and recovery; (2) it is possible to pre-identify and establish emergency routes between States through which infrastructure repair materials could be delivered following a natural disaster or emergency; (3) a State could pre-designate an emergency route identified under paragraph (2) as a certified emergency route if a motor vehicle that exceeds the otherwise applicable Federal and State truck size and weight limits may safely operate along such route during periods of declared emergency and recovery from such periods; and (4) an online map could be created to identify each pre-designated emergency route under paragraph (3), including information on specific vehicle limitations, obligations, and notification requirements along that route. Wednesday, May 10, 2017 • 8:30 a.m.–9 Opening Remarks • 9–11:30 Recommendations and Advice (Utilities perspective) • 11:30–1 p.m. Lunch • 1–3:30 Recommendations and Advice (Federal perspective) • 3:30 Break • 3:30–4:30 Recommendations and Advice (State Department of Transportation and enforcement perspective) • 4:30 p.m. Wrap-up and Adjournment for the day Thursday, May 11, 2017: • 8:30 a.m.–9 Opening Remarks • 9:00–10:30 Recommendations and Advice (State Department of Transportation and enforcement perspective, continued from May 10) • 10:00–12 p.m. ERWG Report to the DOT Secretary (Outline Discussion) PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 • 12:00–12:30 Outstanding Issues and topics for additional deliberation • 12:30 p.m. Wrap-up and Adjournment Public Participation: Both sessions of this meeting are open to the public. The Designated Federal Officer and the Chair of the Committee will conduct the meeting to facilitate the orderly conduct of business. If you would like to file a written statement with the Committee, you may do so either before or after the meeting by submitting an electronic copy of that statement to erwg@dot.gov or the specific docket page at: www.regulations.gov. If you would like to make oral statements regarding any of the items on the agenda, you should contact Crystal Jones at the phone number listed above or email your request to erwg@dot.gov. You must make your request for an oral statement at least 5 business days prior to the meeting. Reasonable provisions will be made to include any such presentation on the agenda. Public comment will be limited to 3 minutes per speaker, per topic. Minutes: An electronic copy of the minutes from this meeting will be available for download within 60 days of the conclusion of the meeting at: http://ops.fhwa.dot.gov/fastact/erwg/ index.htm. Authority: Section 5502 of Pub. L. 114– 94; 5 U.S.C. Appendix 2; 41 CFR 102–3.65; 49 CFR 1.85. Issued on: April 17, 2017. Walter C. Waidelich, Jr., Acting Deputy Administrator, Federal Highway Administration. [FR Doc. 2017–08025 Filed 4–19–17; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2017–0010; Notice 1] Sumitomo Rubber USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Sumitomo Rubber USA, LLC (SRUSA), has determined that certain Sumitomo Kelly brand commercial truck 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 SUMMARY: E:\FR\FM\20APN1.SGM 20APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices pounds) and Motorcycles. SRUSA filed a noncompliance report dated January 3, 2017. SRUSA also petitioned NHTSA on January 31, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is May 22, 2017. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and submitted by any of the following methods: • Mail: Send comments 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. • Hand Delivery: Deliver comments by hand 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. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) Web site at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (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 comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. VerDate Sep<11>2014 17:27 Apr 19, 2017 Jkt 241001 All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at https:// www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview: Sumitomo Rubber USA, LLC (SRUSA), has determined that certain Sumitomo Kelly brand commercial truck tires do not fully comply with S6.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and Motorcycles. SRUSA filed a noncompliance report dated January 3, 2017, and amended on January 25, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SRUSA also petitioned NHTSA on January 31, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety. This notice of receipt of SRUSA’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. II. Tires Involved: Affected are approximately 138 Sumitomo Kelly KDA size 11R22.5 commercial truck tires manufactured between December 4, 2016, and December 17, 2016. III. Noncompliance: SRUSA explains that the noncompliance is that the required markings on the sidewall of the subject tires were inadvertently omitted and therefore do not comply with paragraph S6.5 of FMVSS No. 119. IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 states in pertinent part: S6.5 Tire markings. Except as specified in this paragraph, each tire shall be marked on each sidewall with the information specified in paragraphs (a) through (j) of this section. The markings shall be placed between the maximum section width (exclusive of sidewall decorations or curb ribs) and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area which is not more than one-fourth of the distance from the bead to the shoulder of the tire . . . PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 18685 V. Summary of SRUSA’s Petition: SRUSA 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, SRUSA submitted the following reasoning: SRUSA submits that the condition described above is inconsequential as it relates to motor vehicle safety. The tires were manufactured as designed and meet or exceed all performance requirements of applicable Federal motor vehicle safety standards. All of the subject tires are marked with the correct information; however, the information appears only on one sidewall. Therefore, the noncompliant condition does not affect motor vehicle safety because the required information is still visible and available to the consumer on one sidewall of the tire. Additionally, SRUSA is not aware of any customer complaints related to this condition. The affected tire mold was immediately corrected and no additional tires were or will be manufactured with this noncompliance. NHTSA previously granted petitions for similar noncompliance conditions related to tire information on tires because of surveys that show most consumers do not base tire purchases on tire information found on the tire sidewall. Moreover, the absence of the markings on one sidewall has no impact on the operational performance of the tires at issue or on the safety of the vehicles on which these tires may be mounted. SRUSA 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. In a supplemental email dated February 24, 2017, SRUSA stated that the subject tires are not Asymmetric tires and is not labeled as ‘‘OUTERSIDE’’ or ‘‘OUTER.’’ SRUSA also stated that there is no specific outboard or inner sidewall, thus, the tires may be mounted either way. To view SRUSA’s petition, analyses, and any supplemental documentation in its entirety you can visit https:// www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition show in the heading of this notice. 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 E:\FR\FM\20APN1.SGM 20APN1 18686 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices 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, any decision on this petition only applies to the subject tires that SRUSA no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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 tires under their control after SRUSA 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) Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2017–08008 Filed 4–19–17; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with NOTICES BILLING CODE 4910–59–P VerDate Sep<11>2014 17:27 Apr 19, 2017 Jkt 241001 DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on Cemeteries and Memorials; Notice of Meeting The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act, 5 U.S.C., App. 2, that the Advisory Committee on Cemeteries and Memorials will meet May 9–10, 2017, at 1100 First Street NE., Conference Room 104, Washington, DC 20002. On May 9th and May 10th, the meeting will begin each day at 8:30 a.m. and conclude at approximately 5:00 p.m. The meeting is open to the public. The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of national cemeteries, soldiers’ lots and plots, the selection of new national cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. On May 9, 2017, the Committee will receive Ethics training and updates on National Cemetery Administration issues. On May 10, 2017, the Committee will discuss prior recommendations and new charges from the Interim Under Secretary for Memorial Affairs. The Committee will also discuss future meeting sites and potential agenda topics at future meetings. PO 00000 Frm 00083 Fmt 4703 Sfmt 9990 Time will be allocated for receiving oral presentations from the public each day. Any member of the public wishing to attend the meeting should contact Ms. Christine Hamilton, Designated Federal Officer, at (202) 461–5680. The Committee will also accept written comments. Comments may be transmitted electronically to the Committee at Christine.hamilton1@ va.gov or mailed to the National Cemetery Administration (40A1), 810 Vermont Avenue NW., Washington, DC 20420. In the public’s communications with the Committee, the writers must identify themselves and state the organizations, associations, or persons they represent. Because the meeting is being held in a government building, a photo I.D. must be presented at the security desk as part of the clearance process. Due to an increase in security protocols, and in order to prevent delays in clearance processing, you should allow an additional 15 minutes before the meeting begins. Dated: April 17, 2017. Jelessa M. Burney, Federal Advisory Committee Management Officer. [FR Doc. 2017–08021 Filed 4–19–17; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Notices]
[Pages 18684-18686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08008]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0010; Notice 1]


Sumitomo Rubber USA, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Sumitomo Rubber USA, LLC (SRUSA), has determined that certain 
Sumitomo Kelly brand commercial truck 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

[[Page 18685]]

pounds) and Motorcycles. SRUSA filed a noncompliance report dated 
January 3, 2017. SRUSA also petitioned NHTSA on January 31, 2017, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety.

DATES: The closing date for comments on the petition is May 22, 2017.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Delivery: Deliver comments by hand 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.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the Internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Sumitomo Rubber USA, LLC (SRUSA), has determined that 
certain Sumitomo Kelly brand commercial truck tires do not fully comply 
with S6.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, New 
Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 
kilograms (10,000 pounds) and Motorcycles. SRUSA filed a noncompliance 
report dated January 3, 2017, and amended on January 25, 2017, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports. SRUSA also petitioned NHTSA on January 31, 2017, pursuant to 
49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption 
from the notification and remedy requirements of 49 U.S.C. Chapter 301 
on the basis that this noncompliance is inconsequential as it relates 
to motor vehicle safety.
    This notice of receipt of SRUSA'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.
    II. Tires Involved: Affected are approximately 138 Sumitomo Kelly 
KDA size 11R22.5 commercial truck tires manufactured between December 
4, 2016, and December 17, 2016.
    III. Noncompliance: SRUSA explains that the noncompliance is that 
the required markings on the sidewall of the subject tires were 
inadvertently omitted and therefore do not comply with paragraph S6.5 
of FMVSS No. 119.
    IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 states in pertinent 
part:

    S6.5 Tire markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information specified 
in paragraphs (a) through (j) of this section. The markings shall be 
placed between the maximum section width (exclusive of sidewall 
decorations or curb ribs) and the bead on at least one sidewall, 
unless the maximum section width of the tire is located in an area 
which is not more than one-fourth of the distance from the bead to 
the shoulder of the tire . . .

    V. Summary of SRUSA's Petition: SRUSA 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, SRUSA submitted the following 
reasoning:
    SRUSA submits that the condition described above is inconsequential 
as it relates to motor vehicle safety. The tires were manufactured as 
designed and meet or exceed all performance requirements of applicable 
Federal motor vehicle safety standards. All of the subject tires are 
marked with the correct information; however, the information appears 
only on one sidewall. Therefore, the noncompliant condition does not 
affect motor vehicle safety because the required information is still 
visible and available to the consumer on one sidewall of the tire. 
Additionally, SRUSA is not aware of any customer complaints related to 
this condition. The affected tire mold was immediately corrected and no 
additional tires were or will be manufactured with this noncompliance.
    NHTSA previously granted petitions for similar noncompliance 
conditions related to tire information on tires because of surveys that 
show most consumers do not base tire purchases on tire information 
found on the tire sidewall.
    Moreover, the absence of the markings on one sidewall has no impact 
on the operational performance of the tires at issue or on the safety 
of the vehicles on which these tires may be mounted.
    SRUSA 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.
    In a supplemental email dated February 24, 2017, SRUSA stated that 
the subject tires are not Asymmetric tires and is not labeled as 
``OUTERSIDE'' or ``OUTER.'' SRUSA also stated that there is no specific 
outboard or inner sidewall, thus, the tires may be mounted either way.
    To view SRUSA's petition, analyses, and any supplemental 
documentation in its entirety you can visit https://www.regulations.gov 
by following the online instructions for accessing the dockets and by 
using the docket ID number for this petition show in the heading of 
this notice.
    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

[[Page 18686]]

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, any decision on this 
petition only applies to the subject tires that SRUSA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on 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 tires under their control after SRUSA 
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)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-08008 Filed 4-19-17; 8:45 am]
 BILLING CODE 4910-59-P