Yokohama Tire Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 28319-28321 [2010-12057]

Download as PDF Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Thirteenth Meeting: EUROCAE WG–72: RTCA Special Committee 216: Aeronautical Systems Security (Joint Meeting) wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of EUROCAE WG–72: RTCA Special Committee 216: Aeronautical Systems Security (Joint Meeting). SUMMARY: The FAA is issuing this notice to advise the public of a meeting of EUROCAE WG–72: RTCA Special Committee 216: Aeronautical Systems Security (Joint Meeting). DATES: The meeting will be held June 8– 11, 2010 starting at 9 a.m. on the first day and ending by 13:00 on the last day. ADDRESSES: The meeting will be held at Malakoff (France), 102 rue Etienne Dolet–92240 Malakoff (4th Floor), hosted by EUROCAE. Point of Contact: Samira Bezza samira.bezza@eurocae.net, Tel: +33 1 40 92 79 30, Fax: +33 1 46 55 62 65. FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., Suite 805, Washington, DC 20036; telephone (202) 833–9339; fax (202) 833–9434; Web site http://www.rtca.org. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., Appendix 2), notice is hereby given for a EUROCAE WG–72: RTCA Special Committee 216: Aeronautical Systems Security (Joint Meeting) meeting. The meeting is expected to start at 9:00 on the first day and to finish by 17:00 each day. It will finish latest by 13:00 on the last day. The main purpose of the meeting is to determine potential joint Subgroup work based on the new SC–216 TOR, develop agreement between both groups on the roadmap to potentially jointly publish documents, continue the specification work and strengthening of links to the Civil Aviation Authorities. Please inform jeanpaul.moreaux@airbus.com and samira.bezza@eurocae.net of your intention to attend the meeting. The agenda will include: Day 1 • 09h00 to 09h20: Introduction/ review of the previous MoM/Report about publications/Approval of the meeting agenda. VerDate Mar<15>2010 15:45 May 19, 2010 Jkt 220001 28319 • 09h20 to 09h40: WG72 and Group (ED20x) activities status discussion of implications on joint work. • 09h40 to 10h00: SC–216 and Subgroup activities status and discussion of implications on joint work. • 10h00 to 10h45: Mapping of SC216 SG’s to WG72 ED 20x Documents: • Discuss joint SG work plan & schedule based on document(s) chart. • 10h45 to 11h00: Break. • 11h00 to 11h45: Develop agreement on: • Either continuing as per previous mode of cooperation. • Or create a firm joint work plan for mutual document development. • Publication Plan: Roadmap and Document layout, discuss implications. • 11h45 to 12h00: Discussion options to strengthen ties with CAA’s (EASA and others): • Discuss Response to White Paper: Vision to Lawmakers. • 12h00 to 13h15: Lunch Break. • 13h15 to 14h30: Status of ED201, ED202/ED203, ED204 or equivalent documents. • 14h15 to 17h00: Split-up sessions: • ED201: Include transversal topics extracted from other parts; coordinate details with other parts. • ED202/203–SG2: Discussion of differences with SC216/SG2; identify specific terms and glossary concerns; establish common basis for collaboration or joint work. • ED204–SG4: Review the SOW of both groups, determine if full or partly joint work with one resulting document is possible, identify parts, that can’t be joint. • 10:30 to 11:00: Discussion of Glossary: Content and Publication (separate in ED210 or integrated). • 11:00 to 11:15: Break. • 11:15 to 11:30: Discuss collaboration and associated topics with other organisations (Arinc, DSWG, ICAO, etc.) • 11:30 to 12:00: Summarize the official Eurocae and RTCA release/ review processes in relation to the planned releases for this year/early next—verify publication schedule. • 12:00 to 12:30: Future meeting dates & locations; Expertise to be included; Action Item review. • 12:30 to 12:45: Wrap-up of Meeting, Agreement on Conclusions and Main Events, Main messages to be disseminated. Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Days 2 & 3 • 09h00 to 17h00: Split-up sessions: • Continuation of work for all documents. National Highway Traffic Safety Administration Day 4 • 09h00 to 13h00: Plenary Session: • 09:00 to 09:20: Review Status of ED201 session work—What has been added/modified? Which elements will be dealt with in 2010, which in a later issue? What is the status of the EFB analysis? • 09:20 to 10:00: Review Status of ED202/ED203–SG2 session work—What is the status of the documents? Is it reasonable to expect termination of ED202/DO–TBD work in 2010? • 10:00 to 10:30: Review Status of ED204–SG4 session work—Is the target audience clear and limited, for which the document is to be established? Are the expectations of the audience well understood? How will the work progress, fully joint, partly joint, coordinated w/two separate documents? Yokohama Tire Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Issued in Washington, DC on May 12, 2010. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. 2010–12084 Filed 5–19–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION [Docket No. NHTSA–2010–0056; Notice 1] Yokohama Tire Corporation, (YTC) 1, has determined that approximately 8,238 of its P215/60R15 93H AVID H4S passenger car replacement tires, manufactured between December 2, 2007, and September 19, 2009, do not fully comply with paragraph S5.5.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. YTC has filed an appropriate report dated January 19, 2010 pursuant to 49 CFR 1 Yokohama Tire Corporation (YTC) a replacement equipment manufacturer is incorporated in the state of California with its principal address at 601 South Acacia Avenue, Fullerton, CA 92831. E:\FR\FM\20MYN1.SGM 20MYN1 28320 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 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), 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 8,238 size P215/60R15 93H Yokohama AVID H4S brand passenger car replacement tires manufactured between December 2, 2007, and September 19, 2009, at YTC’s plant located in Salem, Virginia. Approximately 7,836 of these tires have been delivered to YTC’s customers. The remaining tires (approximately 402) are being held in YTC’s possession until they are correctly relabeled. 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. Therefore, these provisions only apply to the approximately 7,836 2 tires that have already passed from the manufacturer to an owner, purchaser, or dealer. Paragraph S5.5 of FMVSS No. 139 requires in pertinent part: wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 S5.5 Tire markings. Except as specified in paragraphs (a) through (i) of S5.5, each tire must be marked on each sidewall with the information specified in S5.5(a) through (d) and on one sidewall with the information specified in S5.5(e) through (i) according to the phase-in schedule specified in S7 of this standard. The markings must be placed between the maximum section width and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area that 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, those markings must 2 YTC’s petition, which was filed under 49 CFR Part 556, requests 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. However, the agency cannot relieve FTS 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 FTS recognized that the subject noncompliance existed. Those tires must be brought into conformance, exported, or destroyed. VerDate Mar<15>2010 15:45 May 19, 2010 Jkt 220001 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 must be in letters and numerals not less than 0.078 inches high and raised above or sunk below the tire surface not less than 0.015 inches. * * * 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 explains that the noncompliance is that, due to a mold labeling error, the markings on the non-compliant tires omits the partial tire identification number on one of the sidewalls as required by paragraph S5.5.1(b). YTC explains that the non-compliant tires include the full Tire Identification Number (TIN) on one sidewall but omits the partial serial number on the other sidewall. YTC reported that this noncompliance was brought to their attention when ‘‘one of several molds were being certified and readied as part of a production quantity of replacement tires for the USA.’’ YTC argues that this noncompliance is inconsequential to motor vehicle safety because the noncompliant sidewall marking does not affect the strength of the tires and all other labeling requirements have been met. YTC supports this conclusion with the following arguments: • Warranty and claim data for the subject tire model, for which production has been continual since November 2002, 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 that requires a full TIN on the sidewall and at minimum a partial TIN on the other sidewall, these subject tires have a full TIN on one sidewall that can be used in case of a special campaign. These tires are marked in the same manner that was the requirement PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 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 the one tire sidewall does not prohibit the ability to identify the tire as part of a safety campaign or tire recall when required. YTC concludes in part that ‘‘the actual tire performance is not inconsequential as it relates to motor vehicle safety because the actual tire performance is not affected by this noncompliance, and in the unlikely event that the tires become subject to a safety or recall campaign, the tires can be identified by the single TIN on one sidewall of the tire.’’ Furthermore, YTC points out three other factors that support its petition: • All of the subject tires have been tested and certified compliant with all of the other durability requirements of FMVSS No. 139 for high speed, endurance, and low inflation pressure performance, and physical dimensions, resistance to bead unseating and strength. • There have been a very small number of tire warranty returns (the incorrect markings were found when molds were being certified and readied). • YTC has designed and implemented verification countermeasures to prevent any re-occurrence of any incorrect tire markings. Supported by all of 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 E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 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) website 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 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: June 21, 2010. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: May 12, 2010. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2010–12057 Filed 5–19–10; 8:45 am] BILLING CODE 4910–59–P VerDate Mar<15>2010 15:45 May 19, 2010 Jkt 220001 DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 13, 2010 The Department of Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the publication date of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before June 21, 2010 to be assured of consideration. Bureau of Public Debt (BPD) OMB Number: 1535–0023. Type of Review: Extension without change of a currently approved collection. Title: Request To Reissue United States Savings Bonds. Form: PD F 4000. Abstract: Form is used by owners to identify the securities involved and to establish authority to reissue them. Respondents: Individuals or Households. Estimated Total Burden Hours: 270,000 hours. OMB Number: 1535–0062. Type of Review: Revision of a currently approved collection. Title: Special Bond of Indemnity By Purchaser of United States Savings Bonds/Notes Involved in a Chain Letter Scheme. Form: PD F 2966. Abstract: Used by the purchaser of savings bonds in a chain letter scheme to request refund purchase price of the bonds. Respondents: Individuals or Households. Estimated Total Burden Hours: 320 hours. OMB Number: 1535–0092. Type of Review: Revision of a currently approved collection. Title: Subscription For Purchase and Issue of U.S. Treasury Securities— State and Local Government Series. Form: PD–F–4144, 4144–1, 4144–2, 4144–5, 4144–6, 4144–7. Abstract: The information is necessary to establish the accounts for owners of securities of State and Local Government Series. PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 28321 Respondents: State, Local, and Tribal Governments. Estimated Total Burden Hours: 2,713 hours. OMB Number: 1535–0127. Type of Review: Extension without change of a currently approved collection. Title: Offering of U.S. Mortgage Guaranty Insurance Company Tax and Loss Bonds. Form: CFR Part 343. Abstract: Regulations governing the issue, reissue, and redemption of U.S. Mortgage Guaranty Insurance Company Tax and Loss Bonds. Respondents: Private Sector: Businesses or other for-profits. Estimated Total Burden Hours: 20 hours. Clearance Officer: Bruce Sharpe, Bureau of the Public Debt, 200 Third Street, Parkersburg, West Virginia 26106; (304) 480–8150. OMB Reviewer: Shagufta Ahmed, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503; (202) 395–7873. Celina Elphage, Treasury PRA Clearance Officer. [FR Doc. 2010–12094 Filed 5–19–10; 8:45 am] BILLING CODE 4810–39–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 13, 2010. The Department of Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, and 1750 Pennsylvania Avenue, NW. Washington, DC 20220. DATES: Written comments should be received on or before June 21, 2010 to be assured of consideration. Financial Management Service (FMS) OMB Number: 1510–0007. Type of Review: Extension without change of a currently approved collection. Title: Direct Deposit Sign-Up Form and Go Direct Sign Up Form. E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Pages 28319-28321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12057]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0056; Notice 1]


Yokohama Tire Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Yokohama Tire Corporation, (YTC) \1\, has determined that 
approximately 8,238 of its P215/60R15 93H AVID H4S passenger car 
replacement tires, manufactured between December 2, 2007, and September 
19, 2009, do not fully comply with paragraph S5.5.1 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for 
Light Vehicles. YTC has filed an appropriate report dated January 19, 
2010 pursuant to 49 CFR

[[Page 28320]]

Part 573, Defect and Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Yokohama Tire Corporation (YTC) a replacement equipment 
manufacturer is incorporated in the state of California with its 
principal address at 601 South Acacia Avenue, Fullerton, CA 92831.
---------------------------------------------------------------------------

    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 8,238 size P215/60R15 93H Yokohama AVID 
H4S brand passenger car replacement tires manufactured between December 
2, 2007, and September 19, 2009, at YTC's plant located in Salem, 
Virginia. Approximately 7,836 of these tires have been delivered to 
YTC's customers. The remaining tires (approximately 402) are being held 
in YTC's possession until they are correctly relabeled.
    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. Therefore, these provisions 
only apply to the approximately 7,836 \2\ tires that have already 
passed from the manufacturer to an owner, purchaser, or dealer.
---------------------------------------------------------------------------

    \2\ YTC's petition, which was filed under 49 CFR Part 556, 
requests 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. However, the agency 
cannot relieve FTS 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 FTS recognized that the subject noncompliance existed. Those 
tires must be brought into conformance, exported, or destroyed.
---------------------------------------------------------------------------

    Paragraph S5.5 of FMVSS No. 139 requires in pertinent part:

    S5.5 Tire markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard. The markings 
must be placed between the maximum section width and the bead on at 
least one sidewall, unless the maximum section width of the tire is 
located in an area that 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, those markings must 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 must be in 
letters and numerals not less than 0.078 inches high and raised 
above or sunk below the tire surface not less than 0.015 inches. * * 
*
    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 explains that the noncompliance is that, due to a mold labeling 
error, the markings on the non-compliant tires omits the partial tire 
identification number on one of the sidewalls as required by paragraph 
S5.5.1(b). YTC explains that the non-compliant tires include the full 
Tire Identification Number (TIN) on one sidewall but omits the partial 
serial number on the other sidewall. YTC reported that this 
noncompliance was brought to their attention when ``one of several 
molds were being certified and readied as part of a production quantity 
of replacement tires for the USA.''
    YTC argues that this noncompliance is inconsequential to motor 
vehicle safety because the noncompliant sidewall marking does not 
affect the strength of the tires and all other labeling requirements 
have been met.
    YTC supports this conclusion with the following arguments:

     Warranty and claim data for the subject tire model, for 
which production has been continual since November 2002, 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 that requires a full TIN on the sidewall and at minimum a 
partial TIN on the other sidewall, these subject tires have a full 
TIN on one sidewall that can be used in case of a special 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 the one tire sidewall 
does not prohibit the ability to identify the tire as part of a 
safety campaign or tire recall when required.

    YTC concludes in part that ``the actual tire performance is not 
inconsequential as it relates to motor vehicle safety because the 
actual tire performance is not affected by this noncompliance, and in 
the unlikely event that the tires become subject to a safety or recall 
campaign, the tires can be identified by the single TIN on one sidewall 
of the tire.''
    Furthermore, YTC points out three other factors that support its 
petition:

     All of the subject tires have been tested and certified 
compliant with all of the other durability requirements of FMVSS No. 
139 for high speed, endurance, and low inflation pressure 
performance, and physical dimensions, resistance to bead unseating 
and strength.
     There have been a very small number of tire warranty 
returns (the incorrect markings were found when molds were being 
certified and readied).
     YTC has designed and implemented verification 
countermeasures to prevent any re-occurrence of any incorrect tire 
markings.

    Supported by all of 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

[[Page 28321]]

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) website 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: June 21, 2010.

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

    Issued on: May 12, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-12057 Filed 5-19-10; 8:45 am]
BILLING CODE 4910-59-P