JCA Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 73005-73006 [2011-30562]

Download as PDF Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Notices Task No. 08–06—(Completed) Hours of Service Recordkeeping and Reporting. Develop revised recordkeeping and reporting requirements for hours of service of railroad employees. Final rule published May 27, 2009, with an effective date of July 16, 2009. (74 FR 25330). Task No. 08–05—(Completed) Railroad Bridge Safety Assurance. Develop a rule encompassing the requirements of Section 417 of the RSIA (Railroad Bridge Safety Assurance), of RSIA bridge failure. Final rule published July 15, 2010 (75 FR–41282). Task 06–02—(Completed) Track Safety Standards and CWR. Issue requirements for inspection of joint bars in CWR to detect cracks that could affect the integrity of the track structure published a final rule on August 25, 2009, with correcting amendment published on October 21, 2009. Please refer to the notice published in the Federal Register on March 11, 1996, (61 FR 9740) for more information about the RSAC. Issued in Washington, DC, on November 21, 2011. Brenda J. Moscoso, Director, Office of Safety Analysis, Risk Reduction, and Crossing/Trespasser Programs. [FR Doc. 2011–30476 Filed 11–25–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number MARAD 2011 0152] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DAUNTLESS; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before December 28, 2011. ADDRESSES: Comments should refer to docket number MARAD–2011–0152. Written comments may be submitted by pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:34 Nov 25, 2011 Jkt 226001 hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W21–203, Washington, DC 20590. Telephone (202) 366–5979, Email Joann.Spittle@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel DAUNTLESS is: Intended Commercial Use of Vessel: ‘‘Coastal sightseeing.’’ Geographic Region: ‘‘ME, NH, MA, RI, CT, NY.’’ The complete application is given in DOT docket MARAD–2011–0152 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 73005 Dated: November 17, 2011. Julie P. Agarwal, Secretary, Maritime Administration. [FR Doc. 2011–30609 Filed 11–25–11; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0143; Notice 2] JCA Corporation, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of Petition Grant. AGENCY: 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. Notice of receipt of JCA’s petition was published, with a 30-day public comment period, on November 9, 2010, in the Federal Register (75 FR 68854). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2010– 0143.’’ For further information on this decision, contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5299, facsimile (202) 366– 7002. JCA estimates that approximately 899,804 Trail America brand Special Trailer ‘‘ST’’ tires that were SUMMARY: 1 JCA Corporation (JCA) is a State of Washington corporation that imports replacement motor vehicle equipment. E:\FR\FM\28NON1.SGM 28NON1 pmangrum on DSK3VPTVN1PROD with NOTICES 73006 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Notices 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. 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. In summation, 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 Decision: The agency agrees with JCA that the noncompliance is inconsequential to motor vehicle safety. The agency believes that the true measure of inconsequentiality to motor vehicle safety in this case is that there is no effect on the operational safety of vehicles on which these tires are mounted. While the correct tire inflation pressure is included on the subject tire sidewalls, it is not marked in both English and Metric unit systems on each sidewall as required by S6.5(d). However, because the tire inflation pressure is available and stated correctly on each tire in English units, it is unlikely that a consumer will not find or will misread pressure units due to the noncompliance. Therefore, the tires, as labeled, are likely to achieve the safety purpose of the standard. In the agency’s judgment, the subject incorrect labeling of the tire inflation pressure information will have an inconsequential effect on 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 VerDate Mar<15>2010 15:34 Nov 25, 2011 Jkt 226001 noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the 899,804 2 tires that JCA no longer controlled at the time that it determined that a noncompliance existed in the subject tires. In consideration of the foregoing, NHTSA has decided that JCA has met its burden of persuasion that the subject FMVSS No. 119 labeling noncompliances are inconsequential to motor vehicle safety. Accordingly, JCA’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8) Issued on: November 18, 2011. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2011–30562 Filed 11–25–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0137; Notice 2] General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of Petition Grant. AGENCY: SUMMARY: General Motors, LLC (GM),1 has determined that certain 2008 through 2010 Model Year Chevrolet Malibu passenger cars equipped with automatic transmissions and manufactured May 2007 through March 2010 do not fully meet the requirements of paragraph S3.1.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 102, Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect. GM filed an appropriate report pursuant to 49 CFR Part 573 Defect and 2 JCA’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt JCA as a manufacturer from the notification and recall responsibilities of 49 CFR Part 573 for 899,804 of the affected tires. However, the decision on this petition does not relieve 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 JCA notified them that the subject noncompliance existed. 1 General Motors, LLC (GM) is a Michigan corporation that manufactures motor vehicles. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Noncompliance Responsibility and Reports, dated March 30, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), GM 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. Notice of receipt of GM’s petition was published, with a 30-day public comment period, on October 21, 2010, in the Federal Register (75 FR 65054). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2010– 00137.’’ Contact Information: For further information on this decision, contact Mr. Vincent J. Williams, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–2319, facsimile (202) 366–7002. Summary of GM’s Petition: A total of 462,227 model year 2008, 2009 and 2010 Chevrolet Malibu passenger cars manufactured during the period May 2007 through March 2010 are potentially affected by the subject noncompliance. GM described the noncompliance as the absence of the required transmission shift position display for a certain ignition key cylinder position. GM explained that while the key is in the ignition there is a narrow ignition key cylinder position between the ‘‘ACC’’ and ‘‘OFF’’ positions within which the transmission shift lever can be moved and the indicator light that illuminates the transmission shift position display is inoperative. The Company added that this noncompliance only occurs when the engine is not running. GM additionally stated that in all other ignition activation and operation positions, all of the subject vehicles comply with paragraph S3.1.4.1 of FMVSS No. 102. GM argued its belief that the subject noncompliance is inconsequential to motor vehicle safety because: As NHTSA recognized in proposing the standard (53 FR 32409–32411 (August 25, 1988)), the purpose of the display requirement for PRNDM information is to ‘‘provide the driver with transmission position information for the vehicle conditions where such information can reduce the likelihood of shifting errors.’’ Thus, in all but the rarest circumstances, the primary function of the PRNDM display is to inform the driver of gear selection and E:\FR\FM\28NON1.SGM 28NON1

Agencies

[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 73005-73006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30562]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0143; Notice 2]


JCA Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Petition Grant.

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SUMMARY: 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).
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    \1\ JCA Corporation (JCA) is a State of Washington corporation 
that imports replacement motor vehicle equipment.
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    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.
    Notice of receipt of JCA's petition was published, with a 30-day 
public comment period, on November 9, 2010, in the Federal Register (75 
FR 68854). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System Web 
site at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2010-0143.''
    For further information on this decision, contact Mr. George 
Gillespie, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5299, 
facsimile (202) 366-7002.
    JCA estimates that approximately 899,804 Trail America brand 
Special Trailer ``ST'' tires that were

[[Page 73006]]

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.
    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.
    In summation, 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 Decision: The agency agrees with JCA that the noncompliance 
is inconsequential to motor vehicle safety. The agency believes that 
the true measure of inconsequentiality to motor vehicle safety in this 
case is that there is no effect on the operational safety of vehicles 
on which these tires are mounted.
    While the correct tire inflation pressure is included on the 
subject tire sidewalls, it is not marked in both English and Metric 
unit systems on each sidewall as required by S6.5(d). However, because 
the tire inflation pressure is available and stated correctly on each 
tire in English units, it is unlikely that a consumer will not find or 
will misread pressure units due to the noncompliance. Therefore, the 
tires, as labeled, are likely to achieve the safety purpose of the 
standard. In the agency's judgment, the subject incorrect labeling of 
the tire inflation pressure information will have an inconsequential 
effect on 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. Therefore, this decision 
only applies to the 899,804 \2\ tires that JCA no longer controlled at 
the time that it determined that a noncompliance existed in the subject 
tires.
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    \2\ JCA's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt JCA as a manufacturer from the 
notification and recall responsibilities of 49 CFR Part 573 for 
899,804 of the affected tires. However, the decision on this 
petition does not relieve 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 JCA notified them that 
the subject noncompliance existed.
---------------------------------------------------------------------------

    In consideration of the foregoing, NHTSA has decided that JCA has 
met its burden of persuasion that the subject FMVSS No. 119 labeling 
noncompliances are inconsequential to motor vehicle safety. 
Accordingly, JCA's petition is granted and the petitioner is exempted 
from the obligation of providing notification of, and a remedy for, the 
subject noncompliance under 49 U.S.C. 30118 and 30120.

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

    Issued on: November 18, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-30562 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-59-P