Tireco, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 66614-66615 [2015-27612]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES 66614 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices width (approximately four inches wider) and in diameter (approximately three inches larger). The affected tires also have a starting tread depth of only 3⁄32 inch, whereas a typical P-metric or metric passenger tire has a much deeper tread depth of approximately 10⁄32 inch. CTA notes that they are not aware of any crashes, injuries, customer complaints or field reports associated with this noncompliance. CTA informed NHTSA that it has corrected the mold at the manufacturing plant so that no additional tires will be manufactured with the subject noncompliance and that all remaining CTA inventory of the subject tires in their possession have been scrapped. CTA stated its belief that NHTSA has previously granted inconsequential noncompliance petitions regarding noncompliances that they believe are similar to the subject noncompliance. In summation, CTA believes that the described noncompliance of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt CTA 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. Therefore, any decision on this petition only applies to the subject tires that CTA no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve equipment 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 CTA notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–27610 Filed 10–28–15; 8:45 am] BILLING CODE 4910–59–P VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0041; Notice 2] Tireco, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Tireco, Inc., (Tireco) has determined that certain Tireco Traction tires do not fully comply with paragraph S6.5(b) 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. Tireco has filed an appropriate report dated March 30, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: For further information on this decision contact Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5310, facsimile (202) 366– 5930. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Tireco submitted a petition 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 the petition was published with a 30-day public comment period, on June 11, 2015 in the Federal Register (80 FR 33333). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2015– 0041.’’ II. Tires Involved: Affected are approximately 1,600 Tireco Power King Traction size 8.25–20E/10, Power King Traction size 9.00–20 E/10, Milestar Traction size 8.25–20 E/10, and Milestar Traction size 9.00–20 E/10 tires. These tires were manufactured between March 1, 2014 and March 22, 2015. III. Noncompliance: Tireco explains that the noncompliance is that the Tire Information Numbers (TINs) required to PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 be marked on the tire sidewalls by paragraph S6.5(b) of FMVSS No. 119 are incomplete because they do not include the tire size codes required by 49 CFR part 574.5(b). IV. Rule Text: 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 in paragraph (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 . . . (b) The tire identification number required by part 574 of this chapter. This number may be marked on only one sidewall. . . . V. Summary of TIRECO’s Arguments: Tireco state its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Tireco believes that the absence of the tire size code from the TIN has no impact on the operational performance of the subject tires or on the safety of vehicles on which the subject tires are mounted because the subject tires meet or exceed all of the applicable performance requirements specified by FMVSS No. 119. (B) Tireco states that even though the size code is absent from the TIN, the tire size information is readily available to consumers in a more understandable way by virtue of the actual tire size marking on the sidewalls. (C) Tireco also states that in the unlikely event that any of the subject tires are ever found to contain a defect or a substantive noncompliance that would warrant a recall, the recalled tires could be adequately identified through the partial [T]IN that is stamped on the sidewall. (D) Tireco referenced inconsequentiality petitions NHTSA has previously granted in the past that have E:\FR\FM\29OCN1.SGM 29OCN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices addressed what it believes are similar issues. Tireco is not aware of any crashes, injuries, customer complaints, or field reports associated with the subject noncompliance. Tireco has additionally informed NHTSA that the fabricating manufacturer has corrected the molds at the manufacturing plant so that no additional tires will be manufactured with the noncompliance. In summation, Tireco believes that the described noncompliance of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt Tireco 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’S Decision: NHTSA’s Analysis: Although the tire size codes were not included as part of the TINs on the effected tires, the actual size of each tire is clearly marked on its sidewall and should allow end-users to be able to select a tire size for their vehicles. In addition, in the event that the tires are subject to a recall or need to be identified as part of a defect investigation, the tires could be identified by the correctly stamped partial TIN on the sidewall. Subsequent to receiving the subject petition, NHTSA contacted Tireco and received its verification that a registration card submitted with an incomplete TIN for the subject tires would be accepted and registered correctly. The subject noncompliance also has no effect on the operational safety of vehicles on which these tires are mounted. NHTSA’s Decision: In consideration of the foregoing, NHTSA has decided that Tireco has met its burden of persuasion that the FMVSS No. 119 noncompliance is inconsequential to motor vehicle safety. Accordingly, Tireco’s petition is hereby granted and Tireco is not obligated to provide notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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, any decision on this petition only applies to the subject tires that Tireco no longer controlled at the time it determined that the noncompliance existed. However, VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 any decision on this petition does not relieve tire 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 Tireco notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–27612 Filed 10–28–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation [Docket No. DOT–OST–2015–0139] Proposed Agency Information Collection Request; Vendor Invoice Submission Pilot U.S. Department of Transportation (DOT). ACTION: Notice with request for comments. AGENCY: The DOT invites the public and other Federal agencies to comment on a proposed information collection request concerning a pilot program to evaluate new processes and procedures for vendor invoice submission. DOT will submit the proposed information collection request to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506 (c)(2)(A)). This notice sets forth new processes and procedures for vendors that submit invoices and receive payments from DOT Operating Administrations (OAs). DOT’s objective is to improve efficiency and reduce manual processing through the use of electronic invoicing for vendors. This electronic invoicing process is currently used by DOT’s grantee community and the Department and would like to pilot an automated invoicing process utilized by DOT grantees that would allow invoices to be submitted electronically. Automating and simplifying the DOT vendor payment process will save both the vendor and the Federal Government time and expense that come with paperbased invoice submission and payment administration. DATES: Comments must be submitted on or before December 28, 2015. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to US Department of SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 66615 Transportation, Office of Financial Management, B–30, Room W93–431, 1200 New Jersey Avenue SE., Washington DC 20590–0001, Gayle Sienicki (202) 366–0448, DOTElectronic Invoicing@dot.gov. SUPPLEMENTARY INFORMATION: Title: Notice of Procedures for Vendor Invoice Submission Pilot. OMB Control Number: 2105–0139. Type of Request: New information collection. Background: This notice sets forth new processes and procedures for vendors that submit invoices and receive payments from DOT Operating Administrations (OAs). The vendors involved in the pilot must meet the following requirements to participate— • Vendors will need to have electronic internet access to register in the Delphi eInvoicing system. • Vendors will submit invoices electronically and DOT OAs must process invoices electronically. • The identities of system users must be verified prior to receiving access to the Delphi eInvoicing system. Prospective Users must complete a user request form and provide the following information: full name, work address, work phone number, work email address, home address and home phone number. Prospective users must present the completed form to a Notary Public for verification. Prospective users will then return the notarized form to DOT to receive their login credentials. Affected Public: DOT Vendors. Total Estimated Number of Respondents: 255. Total Estimated Number of Responses: 2603. Estimated Total Annual Burden Hours: 5206 (initial registration only). Frequency of Collection: One time. Annual Estimated Total Annual Burden Costs: $52,060. ADDRESSES: Send comments regarding the burden estimate, including suggestions for reducing the burden, to US Department of Transportation, Office of Financial Management, B–30, Room W93–431, 1200 New Jersey Avenue SE., Washington DC 20590–0001, Gayle Sienicki (202) 366–0448, DOTElectronic Invoicing@dot.gov. Comments: Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66614-66615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27612]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0041; Notice 2]


Tireco, Inc., Grant of Petition for Decision of Inconsequential 
Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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

SUMMARY: Tireco, Inc., (Tireco) has determined that certain Tireco 
Traction tires do not fully comply with paragraph S6.5(b) 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. Tireco has filed an appropriate report dated March 30, 
2015, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

ADDRESSES: For further information on this decision contact Abraham 
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see 
implementing rule at 49 CFR part 556), Tireco submitted a petition 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 the petition was published with a 30-day 
public comment period, on June 11, 2015 in the Federal Register (80 FR 
33333). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2015-0041.''
    II. Tires Involved: Affected are approximately 1,600 Tireco Power 
King Traction size 8.25-20E/10, Power King Traction size 9.00-20 E/10, 
Milestar Traction size 8.25-20 E/10, and Milestar Traction size 9.00-20 
E/10 tires. These tires were manufactured between March 1, 2014 and 
March 22, 2015.
    III. Noncompliance: Tireco explains that the noncompliance is that 
the Tire Information Numbers (TINs) required to be marked on the tire 
sidewalls by paragraph S6.5(b) of FMVSS No. 119 are incomplete because 
they do not include the tire size codes required by 49 CFR part 
574.5(b).
    IV. Rule Text: 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 in 
paragraph (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 . . .
    (b) The tire identification number required by part 574 of this 
chapter. This number may be marked on only one sidewall. . . .

    V. Summary of TIRECO's Arguments: Tireco state its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) Tireco believes that the absence of the tire size code from the 
TIN has no impact on the operational performance of the subject tires 
or on the safety of vehicles on which the subject tires are mounted 
because the subject tires meet or exceed all of the applicable 
performance requirements specified by FMVSS No. 119.
    (B) Tireco states that even though the size code is absent from the 
TIN, the tire size information is readily available to consumers in a 
more understandable way by virtue of the actual tire size marking on 
the sidewalls.
    (C) Tireco also states that in the unlikely event that any of the 
subject tires are ever found to contain a defect or a substantive 
noncompliance that would warrant a recall, the recalled tires could be 
adequately identified through the partial [T]IN that is stamped on the 
sidewall.
    (D) Tireco referenced inconsequentiality petitions NHTSA has 
previously granted in the past that have

[[Page 66615]]

addressed what it believes are similar issues.
    Tireco is not aware of any crashes, injuries, customer complaints, 
or field reports associated with the subject noncompliance.
    Tireco has additionally informed NHTSA that the fabricating 
manufacturer has corrected the molds at the manufacturing plant so that 
no additional tires will be manufactured with the noncompliance.
    In summation, Tireco believes that the described noncompliance of 
the subject tires is inconsequential to motor vehicle safety, and that 
its petition, to exempt Tireco 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'S Decision:
    NHTSA's Analysis: Although the tire size codes were not included as 
part of the TINs on the effected tires, the actual size of each tire is 
clearly marked on its sidewall and should allow end-users to be able to 
select a tire size for their vehicles. In addition, in the event that 
the tires are subject to a recall or need to be identified as part of a 
defect investigation, the tires could be identified by the correctly 
stamped partial TIN on the sidewall. Subsequent to receiving the 
subject petition, NHTSA contacted Tireco and received its verification 
that a registration card submitted with an incomplete TIN for the 
subject tires would be accepted and registered correctly.
    The subject noncompliance also has no effect on the operational 
safety of vehicles on which these tires are mounted. NHTSA's Decision: 
In consideration of the foregoing, NHTSA has decided that Tireco has 
met its burden of persuasion that the FMVSS No. 119 noncompliance is 
inconsequential to motor vehicle safety. Accordingly, Tireco's petition 
is hereby granted and Tireco is not obligated to provide notification 
of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 
30120.
    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, any decision on 
this petition only applies to the subject tires that Tireco no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve tire 
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 Tireco 
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-27612 Filed 10-28-15; 8:45 am]
 BILLING CODE 4910-59-P