China Manufacturers Alliance, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 77873-77874 [E8-30136]

Download as PDF Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices 77873 TABLE 1—FTA FY 2008 ALLOCATION OF TRIBAL TRANSIT PROGRAM—Continued Tribe State Kiowa Tribe ................................................................................................................. Klamath Tribe ............................................................................................................. Lac Courte Oreilles (LCO) .......................................................................................... Lower Brule Sioux Tribe ............................................................................................. Lower Elwha Klallam Tribe ......................................................................................... Lower Sioux Indian Community ................................................................................. Lummi Nation ............................................................................................................. Menominee Indian Tribe of Wisconsin ....................................................................... Mississippi Band of Choctaw Indians ......................................................................... Muscogee (Creek) Nation .......................................................................................... Nez Perce Tribe ......................................................................................................... Northern Cheyenne Reservation ................................................................................ Oglala Sioux Tribe ...................................................................................................... Ohkay Owingeh .......................................................................................................... Orutsararmiut Native Council ..................................................................................... Ponca Tribe of Nebraska ........................................................................................... Ponca Tribe of Oklahoma .......................................................................................... Prairie Band Potawatomi Nation ................................................................................ Pueblo of San Idefonso .............................................................................................. Pueblo of Santa Ana .................................................................................................. Pueblos of Tesuque-North Central Regional Transit District ..................................... Quechan Indian Tribe ................................................................................................. Quinalut Indian Nation ................................................................................................ Reservation Transportation Authority ......................................................................... Rosebud Sioux Tribe .................................................................................................. Santa Clara pueblo ..................................................................................................... Santee Sioux Nation ................................................................................................... Sault St. Marie Tribe of Chippewa Indians ................................................................ Seminole Nation ......................................................................................................... Sitka Tribe of Alaska .................................................................................................. Southern Ute Indian Tribe .......................................................................................... Spirit Lake Tribe ......................................................................................................... Spokane Tribe of Indians ........................................................................................... Squaxin Island Tribe ................................................................................................... Standing Rock Sioux Tribe ......................................................................................... Stillaguamish Tribe of Indians .................................................................................... Swinomish Indian Tribal Community .......................................................................... Tetlin Village Council .................................................................................................. The Chickasaw Nation ............................................................................................... The Citizen Potawatomi Nation .................................................................................. The Kickapoo Tribe in Kansas ................................................................................... Turtle Mountain Band of Chippewa ............................................................................ United Keetoowah Band of Cherokee Indians ........................................................... Winnebago Tribe of Nebraska ................................................................................... Yurok Tribe ................................................................................................................. Total Awarded ..................................................................................................... OK ........................... OR .......................... WI ........................... SD ........................... WA .......................... MN .......................... WA .......................... WI ........................... MS .......................... OK ........................... ID ............................ MT ........................... SD ........................... NM .......................... AK ........................... NE ........................... OK ........................... KS ........................... NM .......................... NM .......................... NM .......................... AZ ........................... WA .......................... CA ........................... SD ........................... NM .......................... NE ........................... MI ............................ OK ........................... AK ........................... CO .......................... ND ........................... WA .......................... WA .......................... ND ........................... WA .......................... WA .......................... AK ........................... OK ........................... OK ........................... KS ........................... ND ........................... OK ........................... NE ........................... CA ........................... ............................ [FR Doc. E8–30163 Filed 12–18–08; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0185; Notice 1] China Manufacturers Alliance, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance China Manufacturers Alliance, LLC (CMA), as importer of record for Dynacargo brand truck and bus radial tires manufactured by Shandong Jinyu Tyre Company Limited (Jinyu) has determined that certain tires manufactured during the period May VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 2007 through June 2008 do not fully comply with paragraph S6.5(d) of 49 CFR 571.119 (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 pounds) and Motorcycles. The affected tires were imported by CMA and sold to American Tire Distributors (ATD). CMA has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), CMA has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this PO 00000 Frm 00283 Fmt 4703 Sfmt 4703 Award 262,000 150,000 109,068 150,000 25,000 25,000 200,000 25,000 192,000 225,000 250,000 157,500 300,000 155,000 175,000 216,500 208,000 225,000 25,000 150,000 250,000 25,000 200,000 400,000 100,000 125,000 195,800 25,000 220,000 172,900 157,000 250,000 25,000 146,564 225,000 150,000 225,000 225,000 300,000 276,000 25,000 225,000 216,000 200,000 255,489 $12,000,000 ID Number D2008–TRTR–9027 D2008–TRTR–9028 D2008–TRTR–9029 D2008–TRTR–9030 D2008–TRTR–9031 D2008–TRTR–9032 D2008–TRTR–9033 D2008–TRTR–9034 D2008–TRTR–9035 D2008–TRTR–9036 D2008–TRTR–9037 D2008–TRTR–9038 D2008–TRTR–9039 D2008–TRTR–9040 D2008–TRTR–9041 D2008–TRTR–9042 D2008–TRTR–9043 D2008–TRTR–9044 D2008–TRTR–9045 D2008–TRTR–9046 D2008–TRTR–9047 D2008–TRTR–9048 D2008–TRTR–9049 D2008–TRTR–9050 D2008–TRTR–9051 D2008–TRTR–9052 D2008–TRTR–9053 D2008–TRTR–9054 D2008–TRTR–9055 D2008–TRTR–9056 D2008–TRTR–9057 D2008–TRTR–9058 D2008–TRTR–9059 D2008–TRTR–9060 D2008–TRTR–9061 D2008–TRTR–9062 D2008–TRTR–9063 D2008–TRTR–9064 D2008–TRTR–9065 D2008–TRTR–9066 D2008–TRTR–9067 D2008–TRTR–9068 D2008–TRTR–9069 D2008–TRTR–9070 D2008–TRTR–9071 $12,000,000 noncompliance is inconsequential to motor vehicle safety. This notice of receipt of CMA’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 2,537 size 235/75R17.5/16 Dynacargo brand load range H truck and bus tires manufactured during the period May 2007 through June 2008 with DOT date codes in the range 1407 through 2608. 1,153 1 of these tires are currently under 1 CMA’s petition, which was filed under 49 CFR Part 556, requests an agency decision to exempt CMA as importer from the notification and recall responsibilities of 49 CFR Part 573 for all 2,537 of the affected tires. However, the agency cannot E:\FR\FM\19DEN1.SGM Continued 19DEN1 77874 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices the control of ATD and 1,384 have been sold to consumers. Paragraph S6.5(d) of 49 CFR 571.119 requires 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. If the maximum section width falls within that area, the markings shall appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings shall be in letters and numerals not less than 2 mm (0.078 inch) high and raised above or sunk below the tire surface not less that 0.4 mm (0.015 inch), except that the marking depth shall be not less than 0.25mm (0.010 inch) in the case of motorcycle tires. The tire identification and the DOT symbol labeling shall comply with part 574 of this chapter. Markings may appear on only one sidewall and the entire sidewall area may be used in the case of motorcycle tires and recreational, boat, baggage, and special trailer tires* * * (d) The maximum load rating and corresponding inflation pressure of the tire, shown as follows: (Mark on tires rated for single and dual load): Max load single ll kg (ll lb) at ll kPa (ll psi) cold. Max load dual ll kg (ll lb) at ll kPa (ll psi) cold. (Mark on tires rated only for single load): Max load ll kg (l lb) at ll kPa (ll psi) cold. CMA explained that the subject tires are marketed with the correct maximum load rating and corresponding inflation pressure in both English and Metric units. The affected tires have English units on one sidewall and Metric units on the other sidewall. The noncompliance being that both English and Metric units do not both appear on each sidewall. CMA stated that it believes the noncompliance is inconsequential to motor vehicle safety because correct maximum load rating and corresponding inflation pressure information is marked on each tire in both English and Metric units. Therefore, that information is readily available to anyone who uses the tires. CMA requested that NHTSA consider its petition and grant an exemption from the recall requirements of the National Traffic and Motor Vehicle Safety Act on relieve ATD as distributer of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires currently under its control. Those tires must be brought into conformance, exported, or destroyed. VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 the basis that the noncompliance described above is inconsequential as it relates to motor vehicle safety. 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:// 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, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// 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://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 PO 00000 Frm 00284 Fmt 4703 Sfmt 4703 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: January 20, 2009. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: December 15, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8–30136 Filed 12–18–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0183; Notice 1] Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance Ford Motor Company (Ford) has determined that certain complete model year 2007–2008 Ford Expedition and Lincoln Navigator multipurpose passenger vehicles (MPV) built with the Limousine Builders Package and certain complete 2008 model year Ford Crown Victoria Police Interceptor (CVPI) passenger cars built with two front bucket seats did not fully comply with paragraph S4.3(b) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110 Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or Less. Ford has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Ford 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 Ford’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 233 model year 2007–2008 Ford Expedition and Lincoln Navigator MPVs with the E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77873-77874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30136]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0185; Notice 1]


China Manufacturers Alliance, LLC, Receipt of Petition for 
Decision of Inconsequential Noncompliance

    China Manufacturers Alliance, LLC (CMA), as importer of record for 
Dynacargo brand truck and bus radial tires manufactured by Shandong 
Jinyu Tyre Company Limited (Jinyu) has determined that certain tires 
manufactured during the period May 2007 through June 2008 do not fully 
comply with paragraph S6.5(d) of 49 CFR 571.119 (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 pounds) and 
Motorcycles. The affected tires were imported by CMA and sold to 
American Tire Distributors (ATD). CMA has filed an appropriate report 
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility 
and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), CMA 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 CMA'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 2,537 size 235/75R17.5/16 Dynacargo 
brand load range H truck and bus tires manufactured during the period 
May 2007 through June 2008 with DOT date codes in the range 1407 
through 2608. 1,153 \1\ of these tires are currently under

[[Page 77874]]

the control of ATD and 1,384 have been sold to consumers.
---------------------------------------------------------------------------

    \1\ CMA's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt CMA as importer from the 
notification and recall responsibilities of 49 CFR Part 573 for all 
2,537 of the affected tires. However, the agency cannot relieve ATD 
as distributer of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce 
of the noncompliant tires currently under its control. Those tires 
must be brought into conformance, exported, or destroyed.
---------------------------------------------------------------------------

    Paragraph S6.5(d) of 49 CFR 571.119 requires 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. If the maximum section width falls within 
that area, the markings shall appear between the bead and a point 
one-half the distance from the bead to the shoulder of the tire, on 
at least one sidewall. The markings shall be in letters and numerals 
not less than 2 mm (0.078 inch) high and raised above or sunk below 
the tire surface not less that 0.4 mm (0.015 inch), except that the 
marking depth shall be not less than 0.25mm (0.010 inch) in the case 
of motorcycle tires. The tire identification and the DOT symbol 
labeling shall comply with part 574 of this chapter. Markings may 
appear on only one sidewall and the entire sidewall area may be used 
in the case of motorcycle tires and recreational, boat, baggage, and 
special trailer tires* * *
    (d) The maximum load rating and corresponding inflation pressure 
of the tire, shown as follows:
    (Mark on tires rated for single and dual load): Max load single 
---- kg (---- lb) at ---- kPa (---- psi) cold. Max load dual ---- kg 
(---- lb) at ---- kPa (---- psi) cold.
    (Mark on tires rated only for single load): Max load ---- kg (-- 
lb) at ---- kPa (---- psi) cold.

    CMA explained that the subject tires are marketed with the correct 
maximum load rating and corresponding inflation pressure in both 
English and Metric units. The affected tires have English units on one 
sidewall and Metric units on the other sidewall. The noncompliance 
being that both English and Metric units do not both appear on each 
sidewall.
    CMA stated that it believes the noncompliance is inconsequential to 
motor vehicle safety because correct maximum load rating and 
corresponding inflation pressure information is marked on each tire in 
both English and Metric units. Therefore, that information is readily 
available to anyone who uses the tires.
    CMA requested that NHTSA consider its petition and grant an 
exemption from the recall requirements of the National Traffic and 
Motor Vehicle Safety Act on the basis that the noncompliance described 
above is inconsequential as it relates to motor vehicle safety.
    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://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://
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://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 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: January 20, 2009.

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

    Issued on: December 15, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-30136 Filed 12-18-08; 8:45 am]
BILLING CODE 4910-59-P