Yokohama Tire Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 51524-51525 [2010-20636]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51524-51525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20636]



[[Page 51524]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0115; Notice 1]


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

    Yokohama Tire Corporation (YTC) \1\ has determined that certain 
P215/60R15 93H AVID H4S passenger car replacement tires did not fully 
comply with Paragraph S5.5.1 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. On 
January 21, 2010, YTC filed an appropriate report pursuant to 49 CFR 
part 573 Defect and Noncompliance Responsibility and Reports.
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    \1\ Yokohama Tire Corporation (YTC) is a corporation of the 
State of California that manufactures replacement equipment.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), YTC has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of YTC's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 6,254 \2\ P215/60R15 93H AVID H4S 
passenger car replacement tires that were manufactured in YTC's Salem, 
Virginia manufacturing plant during the period December 2, 2007 through 
September 19, 2009.
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    \2\ YTC's petition, which was filed under 49 CFR Part 556, 
requested an agency decision to exempt YTC as replacement equipment 
manufacturer from the notification and recall responsibilities of 49 
CFR Part 573 for 7,836 of the affected tires. Subsequent to filling 
its petition, YTC notified NHTSA that the actual number of affected 
tires is 6,254. We also note that the agency cannot relieve YTC 
distributors of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce 
of the noncompliant tires under their control after YTC recognized 
that the subject noncompliance existed. Those tires must be brought 
into conformance, exported, or destroyed.
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    Paragraphs S5.5.1 Of FMVSS No. 139 requires in pertinent part:

    S5.5.1 Tire identification number.
    (a) * * *
    (b) Tires manufactured on or after September 1, 2009. Each tire 
must be labeled with the tire identification number required by 49 
CFR part 574 on the intended outboard sidewall of the tire. Except 
for retreaded tires, either the tire identification number or a 
partial tire identification number, containing all characters in the 
tire identification number, except for the date code and, at the 
discretion of the manufacturer, any optional code, must be labeled 
on the other sidewall of the tire. Except for retreaded tires, if a 
tire does not have an intended outboard sidewall, the tire must be 
labeled with the tire identification number required by 49 CFR part 
574 on one sidewall and with either the tire identification number 
or a partial tire identification number, containing all characters 
in the tire identification number except for the date code and, at 
the discretion of the manufacturer, any optional code, on the other 
sidewall.

    YTC stated that the noncompliance is that the subject tires do not 
have full or partial Tire Identification Numbers (TIN) on one of their 
sidewalls. YTC explained that the intended outboard sidewall did have 
the complete TIN, but the opposite sidewall has no TIN or partial TIN.
    YTC stated its belief that the noncompliance is inconsequential to 
motor vehicle safety for the following reasons:

    All of the subject tires have been tested and certified 
compliant with all of the durability requirements of FMVSS No.139 
for high speed, endurance and low inflation pressure performance. 
The tires also meet all of the physical dimension, resistance to 
bead unseating and strength requirements of FMVSS No. 139.
    Warranty and claim data for the subject tires reveals a very 
small number of tire warranty returns, and no reports of claims 
associated with accidents or tire failure incidents.
    The TIN becomes important in the event of a safety campaign and 
enables the owners to properly identify tires included in a captive 
action campaign. While the subject tires are noncompliant with the 
current FMVSS No. 139 sidewall marking regulation the subject tires 
do have a full TIN on one sidewall that can be used in case of a 
safety campaign. These tires are marked in the same manner that was 
the requirement for many years prior to FMVSS No. 139 that now 
requires the application of the additional TIN identifier in a full 
or partial form. The absence of one TIN identifier on one tire 
sidewall does not prohibit the ability to identify the tire as part 
of a safety campaign or tire recall when required.

    YTC indicated that they have implemented corrected procedures to 
prevent this noncompliance from recurring in future production.
    Based on the above stated reasons, YTC believes that the described 
noncompliance of its tires to meet the requirements of FMVSS No. 139 is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt it from providing recall notification of noncompliance as 
required by 49 U.S.C. 30118 and remedying the recall noncompliance as 
required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management 
System (FDMS) Web site at http:[sol][sol]www.regulations.gov/. Follow 
the online instructions for submitting comments. Comments may also be 
faxed to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to 
http:[sol][sol]www.regulations.gov, including any personal information 
provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http:[sol][sol]www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and

[[Page 51525]]

supporting materials received after the closing date will also be filed 
and will be considered to the extent possible. When the petition is 
granted or denied, notice of the decision will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: September 20, 2010.

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

    Issued on: August 16, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-20636 Filed 8-19-10; 8:45 am]
BILLING CODE 4910-59-P