Nitto Tire U.S.A, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 77415-77416 [2015-31349]

Download as PDF Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0113; Notice 1] Nitto Tire U.S.A, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Nitto Tire U.S.A., Inc. (Nitto), has determined that certain Nitto NT05 passenger car tires manufactured between December 14, 2014 and August 1, 2015, do not fully comply with paragraph S5.5(e) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Nitto filed a report 1 pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is January 13, 2016. ADDRESSES: 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 submitted by any of the following methods: • Mail: Send comments 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. • Hand Deliver: Deliver comments by hand 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. • Electronically: Submit comments 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 (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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 1 Originally dated September 15, 2015 under the name of its parent company Toyo Tire Holdings of Americas Inc., and refiled under its own name on November 5, 2015). VerDate Sep<11>2014 17:36 Dec 11, 2015 Jkt 238001 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 above 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. SUPPLEMENTARY INFORMATION: I. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Nitto 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. This notice of receipt of Nitto’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. II. Tires Involved Affected are approximately 1,059 Nitto NT05 size 295/35ZR18 99W passenger car tires manufactured between December 14, 2014 and August 1, 2015. III. Noncompliance Nitto explains that the noncompliance is that the sidewall markings on the subject tires do not include the correct generic name for the plies in the tread and sidewall area of the tires as required by paragraph S5.5(e) of FMVSS No. 139. Specifically, the subject tires are marked with ‘‘Tread 2 Steel 2 Rayon 1 Nylon; Sidewall 3 Rayon.’’ The correct marking should be ‘‘Tread 2 Steel 2 Polyester 1 Nylon; Sidewall 3 Polyester.’’ PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 77415 IV. Rule Text Paragraph S5.5(e) 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. . . . (e) The generic name of each cord material used in the plies (both sidewall and tread area) of the tire; . . . V. Summary of Nitto’s Analyses Nitto stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) Nitto believes that in the Safety Act Congress acknowledged that there are cases where a vehicle or equipment may fail to comply with a safety standard, but that the impact on motor vehicle safety is so slight that an exemption from the notice and remedy requirements of the Safety Act is justified. (2) Nitto states that the subject tires meet all other performance and regulatory requirements of FMVSS No. 139. (3) Nitto has not received any complaints, claims, or warranty adjustments related to this noncompliance. (4) Nitto believes that NHTSA has previously granted inconsequential noncompliance petitions for noncompliances that it believes are similar to the subject noncompliance. Nitto has additionally informed NHTSA that it has corrected the noncompliance so that future production of the subject tires will comply with all applicable labeling requirements of FMVSS No. 139. In summation, Nitto believes that the described noncompliance of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt Nitto 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 E:\FR\FM\14DEN1.SGM 14DEN1 77416 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices the subject tires that Nitto 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 Nitto 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. individual whose property and interests in property are blocked pursuant to Executive Order 13581 of July 24, 2011, ‘‘Blocking Property of Transnational Criminal Organizations.’’ DATES: The designations by the Director of OFAC, pursuant to Executive Order 13581, of the one individual identified in this notice were effective on December 9, 2015. FOR FURTHER INFORMATION CONTACT: Assistant Director, Sanctions Compliance and Evaluation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (www.treas.gov/ofac). Certain general information pertaining to OFAC’s sanctions programs is available via facsimile through a 24-hour fax-ondemand service, tel.: 202–622–0077. [FR Doc. 2015–31349 Filed 12–11–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Designation of One Individual Pursuant to Executive Order 13581, ‘‘Blocking Property of Transnational Criminal Organizations’’ Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (OFAC) is publishing the name of one SUMMARY: Dated: December 9, 2015. John E. Smith, Acting Director, Office of Foreign Assets Control. Background On July 24, 2011, the President issued Executive Order 13581, ‘‘Blocking Property of Transnational Criminal Organizations’’ (the ‘‘Order’’), pursuant to, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701–06). The Order was effective at 12:01 a.m. eastern daylight time on July 25, 2011. In the Order, the President declared a national emergency to deal with the threat that significant transnational criminal organizations pose to the national security, foreign policy, and economy of the United States. Section 1 of the Order blocks, with certain exceptions, all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person, of persons listed in the Annex to the Order and of persons determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to satisfy certain criteria set forth in the Order. On December 9, 2015, the Director of OFAC, in consultation with the Attorney General and the Secretary of State, designated, pursuant to one or more of the criteria set forth in subparagraphs (a)(ii)(A) through (a)(ii)(C) of Section 1 of the Order, one individual whose property and interests in property are blocked pursuant to the Order. The listing for this individual on OFAC’s List of Specially Designated Nationals and Blocked Persons appears as follows: Individual [FR Doc. 2015–31348 Filed 12–11–15; 8:45 am] information notices in a Federal Register on February 12, 2015 and August 3, 2015 that contained errors. With this notice, we are withdrawing those documents. published on February 12, 2015 and the 30 day Federal Register Notice (80 FR 46107) was published on August 3, 2015. The new notices will be published at a later date. BILLING CODE 4810–AL–P FOR FURTHER INFORMATION CONTACT: By direction of the Secretary. Kathleen M. Manwell, Program Analyst, VA Privacy Service, Office of Privacy and Records, Management, Department of Veterans Affairs. mstockstill on DSK4VPTVN1PROD with NOTICES [OMB Control No. 2900—NEW] Agency Information Collection Activity; Withdrawal Department of Veterans Affairs. Notice; withdrawal. AGENCY: ACTION: The Department of Veterans Affairs published collection of SUMMARY: VerDate Sep<11>2014 17:36 Dec 11, 2015 Jkt 238001 The Federal Register Notices published for Patient Aligned Care Team: Helping Veterans Manage Chronic Pain, Engaging Caregivers Veterans with Dementia, Patient Centered Medical Home Operation Enduring Freedom/ Operation Iraqi Freedom Veterans with Post Traumatic Stress Disorder: Bridging Primary and Behavioral Health Care were incorrect. The 60 day Federal Register Notice (80 FR 7909) was SUPPLEMENTARY INFORMATION: DEPARTMENT OF VETERANS AFFAIRS PO 00000 Frm 00103 Fmt 4703 Sfmt 9990 [FR Doc. 2015–31387 Filed 12–11–15; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\14DEN1.SGM 14DEN1 EN14DE15.016</GPH> Brian McCarthy at (202) 461–6345.

Agencies

[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77415-77416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31349]



[[Page 77415]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0113; Notice 1]


Nitto Tire U.S.A, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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

SUMMARY: Nitto Tire U.S.A., Inc. (Nitto), has determined that certain 
Nitto NT05 passenger car tires manufactured between December 14, 2014 
and August 1, 2015, do not fully comply with paragraph S5.5(e) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic 
Radial Tires for Light Vehicles. Nitto filed a report \1\ pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Originally dated September 15, 2015 under the name of its 
parent company Toyo Tire Holdings of Americas Inc., and refiled 
under its own name on November 5, 2015).

DATES: The closing date for comments on the petition is January 13, 
---------------------------------------------------------------------------
2016.

ADDRESSES: 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 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments 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 (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 above 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.

SUPPLEMENTARY INFORMATION:

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Nitto 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.
    This notice of receipt of Nitto'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.

II. Tires Involved

    Affected are approximately 1,059 Nitto NT05 size 295/35ZR18 99W 
passenger car tires manufactured between December 14, 2014 and August 
1, 2015.

III. Noncompliance

    Nitto explains that the noncompliance is that the sidewall markings 
on the subject tires do not include the correct generic name for the 
plies in the tread and sidewall area of the tires as required by 
paragraph S5.5(e) of FMVSS No. 139. Specifically, the subject tires are 
marked with ``Tread 2 Steel 2 Rayon 1 Nylon; Sidewall 3 Rayon.'' The 
correct marking should be ``Tread 2 Steel 2 Polyester 1 Nylon; Sidewall 
3 Polyester.''

IV. Rule Text

    Paragraph S5.5(e) 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. . . .
    (e) The generic name of each cord material used in the plies 
(both sidewall and tread area) of the tire; . . .

V. Summary of Nitto's Analyses

    Nitto stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) Nitto believes that in the Safety Act Congress acknowledged 
that there are cases where a vehicle or equipment may fail to comply 
with a safety standard, but that the impact on motor vehicle safety is 
so slight that an exemption from the notice and remedy requirements of 
the Safety Act is justified.
    (2) Nitto states that the subject tires meet all other performance 
and regulatory requirements of FMVSS No. 139.
    (3) Nitto has not received any complaints, claims, or warranty 
adjustments related to this noncompliance.
    (4) Nitto believes that NHTSA has previously granted 
inconsequential noncompliance petitions for noncompliances that it 
believes are similar to the subject noncompliance.
    Nitto has additionally informed NHTSA that it has corrected the 
noncompliance so that future production of the subject tires will 
comply with all applicable labeling requirements of FMVSS No. 139.
    In summation, Nitto believes that the described noncompliance of 
the subject tires is inconsequential to motor vehicle safety, and that 
its petition, to exempt Nitto 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

[[Page 77416]]

the subject tires that Nitto 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 Nitto 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. 2015-31349 Filed 12-11-15; 8:45 am]
 BILLING CODE 4910-59-P