JCA Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 68854-68855 [2010-28194]

Download as PDF 68854 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices RECORD SOURCE CATEGORIES: Individual personnel members provide their own emergency contact information. Supervisors designate employees to serve as emergency employees or mission critical emergency employees. Emergency personnel, security specialists, human resources specialists, supervisors and administrative assistants may provide other information (e.g., skill data, work location information, job titles, occupational code/series, and information that describes the emergency response group or work unit to which the individual is assigned). EXEMPTIONS CLAIMED FOR THE SYSTEM: None. Dated: November 3, 2010. Habib Azarsina, Departmental Privacy Officer, 202–366–1965. [FR Doc. 2010–28238 Filed 11–8–10; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0143; Notice 1] wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 JCA Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance JCA Corporation (JCA) 1 has determined that certain Trail America brand Special Trailer ‘‘ST’’ tires that it imported failed to meet the requirements of paragraph S6.5(d) of 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. JCA has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated October 19, 2009. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), JCA 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 JCA’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. 1 JCA Corporation (JCA) is a State of Washington corporation that imports replacement motor vehicle equipment. VerDate Mar<15>2010 15:18 Nov 08, 2010 Jkt 223001 JCA estimates that approximately 899,804 Trail America brand Special Trailer ‘‘ST’’ tires that were manufactured from January 1, 2008, through October 15, 2009, by Tianjin Kings Glory Tire Company, LTD. of Qiaosandao, Yangliuqing, Xiqing Tianjin, China 300380, and imported by JCA are affected. Paragraph S6.5 of FMVSS No. 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 than 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 only for single load): Max load ––––kg (––––lb) at ––––kPa (–––– psi) cold. JCA states that the noncompliance is that the maximum single load labeling and maximum inflation pressures on the sidewalls of the tires are in English units of ‘‘lb’’ and ‘‘psi’’ only, no Metric units are included as required by paragraph S6.5(d) of FMVSS No. 119. JCA explained that no property damage or accidents have been reported to it or its customers as a result of the subject noncompliance. JCA further explains that it has taken steps to correct the noncompliance in future production. JCA also states that it believes the noncompliance is inconsequential to motor vehicle safety because the affected tires fulfill all other relevant requirements of FMVSS No. 119. Supported by the above stated reasons, JCA believes that the described noncompliance is inconsequential to motor vehicle safety, and that its petition, to exempt it from providing recall notification of noncompliance as PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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 am to 5 pm 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). E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 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. Dates: Comment closing date: December 9, 2010. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: November 3, 2010. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2010–28194 Filed 11–8–10; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0142; Notice 1] wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Pirelli Tire LLC, Receipt of Petition for Decision of Inconsequential Noncompliance Pirelli Tire LLC (Pirelli) 1 has determined that approximately 30,881 Pirelli Pzero Nero M+S and Scorpion Zero Asimmetrico replacement tires produced between September 1, 2007, and February 26, 2009, do not fully comply with the tire labeling requirements of paragraphs S5.5 and S7.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. On March 12, 2010, Pirelli 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), Pirelli 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. Specifically, Pirelli submitted the original petition, dated March 12, 2010, and a supplement to the original petition dated April 12, 2010. This notice of receipt of Pirelli’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent 1 Pirelli Tire LLC is a manufacturer and importer of replacement equipment that is organized under the laws of the State of Georgia. VerDate Mar<15>2010 15:18 Nov 08, 2010 Jkt 223001 any agency decision or other exercise of judgment concerning the merits of the petition. Pirelli estimated that 30,881 2 Pirelli Pzero Nero M+S and Scorpion Zero Asimmetrico replacement tires produced between September 1, 2007, and February 26, 2009, in the tire sizes indicated in the following table have the subject noncompliance. P245/45ZR17 95W, Pzero Nero M+S P235/45ZR17 94W, Pzero Nero M+S P235/40ZR18 91W, Pzero Nero M+S P215/35ZR18 84W, Pzero Nero M+S P215/35ZR19 85W, Pzero Nero M+S 265/35ZR22 102W Extra Load, Scorpion Zero Asimmetrico 295/30ZR22 103W Extra Load, Scorpion Zero Asimmetrico 305/35ZR23 111W Extra Load, Scorpion Zero Asimmetrico 265/45ZR20 108W Extra Load, Scorpion Zero Asimmetrico Paragraphs S5.5 and S7.3 of FMVSS No. 139 require 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) Tires manufactured before September 1, 2009. Each tire must be labeled with the tire identification number required by 49 CFR part 574 on a 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. (b) Tires manufactured on or after September 1, 2009. Each tire must be labeled 2 Pirelli’s petition, which was filed under 49 CFR Part 556, requests an agency decision to exempt Pirelli as replacement equipment manufacturer from the notification and recall responsibilities of 49 CFR Part 573 for 30,881 of the affected tires. However, the agency cannot relieve Pirelli’s 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 Pirelli recognized that the subject noncompliance existed. Those tires must be brought into conformance, exported, or destroyed. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 68855 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 * * * S7.3 Tires manufactured on or after September 1, 2007. Each tire must comply with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this standard. Pirelli described the noncompliance as the absence of either the complete or partial tire identification number (TIN) on the inner tire sidewall as required by paragraphs S5.5 and S7.3 of FMVSS No. 139. Pirelli argues that because all of the affected tires have an asymmetric tread pattern, they can only be correctly installed with the intended outer sidewall facing the outside of the vehicle. Pirelli also points out that asymmetric tires represent a very small percentage of the overall tire market. Pirelli explained that all of the affected tires are stenciled on the intended outside sidewall with the lettering OUTER in four different languages (English, French, German and Italian). Pirelli further explained that the noncompliance was identified on February 26, 2010, during an inspection of mold branding at the plant that produced the subject tires. Pirelli then examined related production records in order to accurately identify the specific noncompliant tires. All molds are being modified or have been modified to ensure that the appropriate TIN information is contained on both sidewalls for future production. Pirelli provided the following basis of why they believe the subject noncompliance is inconsequential to motor vehicle safety: While the subject tires are noncompliant with paragraph S5.5 of FMVSS No. 139 for labeling, the noncompliance has an inconsequential effect on tire performance and motor vehicle safety because all of the affected tires meet or exceed all of the minimum performance requirements of FMVSS No. 139. In addition, the Company mentioned the existence of certain factors that facilitates and encourages proper E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Notices]
[Pages 68854-68855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28194]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0143; Notice 1]


JCA Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    JCA Corporation (JCA) \1\ has determined that certain Trail America 
brand Special Trailer ``ST'' tires that it imported failed to meet the 
requirements of paragraph S6.5(d) of 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. JCA 
has filed an appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports, dated October 19, 2009.
---------------------------------------------------------------------------

    \1\ JCA Corporation (JCA) is a State of Washington corporation 
that imports replacement motor vehicle equipment.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), JCA 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 JCA'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.
    JCA estimates that approximately 899,804 Trail America brand 
Special Trailer ``ST'' tires that were manufactured from January 1, 
2008, through October 15, 2009, by Tianjin Kings Glory Tire Company, 
LTD. of Qiaosandao, Yangliuqing, Xiqing Tianjin, China 300380, and 
imported by JCA are affected.
    Paragraph S6.5 of FMVSS No. 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 than 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 only for single load): Max load ----kg (---
-lb) at ----kPa (----psi) cold.

    JCA states that the noncompliance is that the maximum single load 
labeling and maximum inflation pressures on the sidewalls of the tires 
are in English units of ``lb'' and ``psi'' only, no Metric units are 
included as required by paragraph S6.5(d) of FMVSS No. 119.
    JCA explained that no property damage or accidents have been 
reported to it or its customers as a result of the subject 
noncompliance.
    JCA further explains that it has taken steps to correct the 
noncompliance in future production.
    JCA also states that it believes the noncompliance is 
inconsequential to motor vehicle safety because the affected tires 
fulfill all other relevant requirements of FMVSS No. 119.
    Supported by the above stated reasons, JCA believes that the 
described noncompliance 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 am to 5 pm 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).

[[Page 68855]]

    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.
    Dates: Comment closing date: December 9, 2010.

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

    Issued on: November 3, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-28194 Filed 11-8-10; 8:45 am]
BILLING CODE 4910-59-P