Kawasaki Motors Corp., U.S.A., Receipt of Petition for Decision of Inconsequential Noncompliance, 3152 [06-463]

Download as PDF 3152 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–23554; Notice 1] sroberts on PROD1PC70 with NOTICES Kawasaki Motors Corp., U.S.A., Receipt of Petition for Decision of Inconsequential Noncompliance Kawasaki Motors Corp., U.S.A. (Kawasaki) has determined that the tires on certain motorcycles that it imported do not comply with S6.5(d) of 49 CFR 571.119, Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ‘‘New pneumatic tires for vehicles other than passenger cars.’’ Kawasaki has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Kawasaki 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 Kawasaki’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise judgment concerning the merits of the petition. Affected are the tires on a total of approximately 2,655 motorcycles which were manufactured between June 14, 2003 and October 27, 2005. S6.5(d) of FMVSS No. 119 requires that the maximum load rating and corresponding inflation pressure of the tires be marked on the tire in both English and metric units. The noncompliant tires do not have the metric markings. Kawasaki believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Kawasaki states that there is little or no reason to expect an owner of these vehicles to have difficulty inflating the tires properly or understanding the loading information ‘‘since the motorcycle owner is provided with the appropriate information in English units, which are far more prevalent in use in the United States.’’ Further, Kawasaki states that the motorcycles are small and most often used for short distance commuting, and therefore ‘‘not likely to be ridden outside of the United States to jurisdictions where tire inflation equipment would be less likely to be calibrated in English units.’’ Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice VerDate Aug<31>2005 16:38 Jan 18, 2006 Jkt 208001 number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at https://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to https:// www.regulations.gov. Follow the online instructions for submitting comments. 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 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: February 21, 2006. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: January 12, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. 06–463 Filed 1–18–06; 8:45 am] BILLING CODE 4910–59–M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–23553; Notice 1] Pacific Coast Retreaders, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Pacific Coast Retreaders, Inc. (Pacific Coast) has determined that certain tires that it imported do not comply with S6.5(b) of 49 CFR 571.119, Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ‘‘New pneumatic tires for vehicles other than passenger cars.’’ Pacific Coast has filed an appropriate PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Pacific Coast 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 Pacific Coast’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 a total of approximately 780 tires produced in March 2005 by Linglong Rubber Company in China and imported by Pacific Coast in April 2005. One requirement of S6.5 of FMVSS No. 119, tire markings, is that the tire identification shall comply with 49 CFR Part 574, ‘‘Tire Identification and Recordkeeping,’’ which includes the marking requirements of 574.5(b) DOT size code. The subject tires are missing the required tire size code. Pacific Coast believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Pacific Coast explains that, as a result of mold cleaning and repair, some of the tire size code symbols were not restamped after repair, and worn symbols were not retraced. Pacific Coast states that ‘‘the tire size is embossed in very larger (sic) raised characters on both sidewalls and [is] easily identifiable from a great distance.’’ The petitioner states that as a result, there is no confusion as to the tire size. 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. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC, 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at https://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to https:// E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Notices]
[Page 3152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-463]



[[Page 3152]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-23554; Notice 1]


Kawasaki Motors Corp., U.S.A., Receipt of Petition for Decision 
of Inconsequential Noncompliance

    Kawasaki Motors Corp., U.S.A. (Kawasaki) has determined that the 
tires on certain motorcycles that it imported do not comply with 
S6.5(d) of 49 CFR 571.119, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 119, ``New pneumatic tires for vehicles other than 
passenger cars.'' Kawasaki has filed an appropriate report pursuant to 
49 CFR part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Kawasaki 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 Kawasaki's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise judgment concerning the merits of the petition.
    Affected are the tires on a total of approximately 2,655 
motorcycles which were manufactured between June 14, 2003 and October 
27, 2005. S6.5(d) of FMVSS No. 119 requires that the maximum load 
rating and corresponding inflation pressure of the tires be marked on 
the tire in both English and metric units. The noncompliant tires do 
not have the metric markings.
    Kawasaki believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Kawasaki states that there is little or no reason to expect an owner of 
these vehicles to have difficulty inflating the tires properly or 
understanding the loading information ``since the motorcycle owner is 
provided with the appropriate information in English units, which are 
far more prevalent in use in the United States.'' Further, Kawasaki 
states that the motorcycles are small and most often used for short 
distance commuting, and therefore ``not likely to be ridden outside of 
the United States to jurisdictions where tire inflation equipment would 
be less likely to be calibrated in English units.''
    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. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted 
electronically by logging onto the Docket Management System Web site at 
https://dms.dot.gov. Click on ``Help'' to obtain instructions for filing 
the document electronically. Comments may be faxed to 1-202-493-2251, 
or may be submitted to the Federal eRulemaking Portal: go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    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 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: February 21, 2006.


    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: January 12, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. 06-463 Filed 1-18-06; 8:45 am]
BILLING CODE 4910-59-M

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