Nitto Tire U.S.A, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 17764-17765 [2016-07142]

Download as PDF 17764 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices does not reference the color of the TPMS telltale, but rather that it ‘‘illuminates’’ in the event of low tire pressure and/or TPMS fault. • In the event there is significant under-inflation of tires, the TPMS telltale is illuminated and the instrument cluster Electronic Vehicle Information Center (EVIC) will display a highlighted graphic of the locations including the pressure values of the affected tires. • In the event there is a TPMS fault, the telltale will flash on and off for 75 seconds and then maintain a continuous illumination. The system fault will sound a chime and also display a ‘‘Service TPM System’’ message in the EVIC for approximately 3 seconds. This message contains the same symbol as the telltale. If the ignition switch is cycled, this sequence will repeat, providing the system fault still exists. If the system fault no longer exists, the TPMS telltale will no longer flash, and the ‘‘Service TPM System’’ message will no longer display. In addition to the TPMS telltale alerting the operator of a significant loss of tire pressure, or a TPMS malfunction as required, the EVIC messages and owner’s manual provide more than the minimum level of information required aiding the operator’s association of the illuminated telltale with an appropriate response. Chrysler also made reference to a previous petition for inconsequential noncompliance that addressed labeling issues that NHTSA granted. Chrysler has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 101. In summation, Chrysler believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Chrysler 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES NHTSA’S Decision NHTSA’S Analysis: Chrysler explained that if the TPMS telltale is illuminated and the operator does not understand its meaning, the operator can easily refer to the owner’s manual and determine that the TPMS telltale relates to significant tire under-inflation or a TPMS malfunction. Chrysler also stated that the owner’s manual does not reference the color of the TPMS telltale, but rather that it ‘‘illuminates’’ in the VerDate Sep<11>2014 18:06 Mar 29, 2016 Jkt 238001 event of low tire pressure and/or TPMS fault. NHTSA understands that many vehicle operators are not familiar with the standard TPMS telltale used in vehicles today. The agency anticipates that regardless of TPMS telltale color, yellow or orange, vehicle operators familiar with the telltale symbol will not be confused by the telltale color, and those not familiar with the telltale symbol will still have to reference the owner’s manual to determine the meaning when illumination occurs. Chrysler explained that in the event there is a significant low inflation pressure condition, the TPMS telltale will illuminate as required, and the instrument cluster Electronic Vehicle Information Center (EVIC) will display a highlighted graphic depicting locations and pressure values of affected tires. The agency is in agreement with Chrysler that the information provided by the EVIC is in addition to the telltale required by the TPMS safety standard (FMVSS No. 138). The EVIC information and warnings will aid the vehicle operator in the recognition of low tire inflation pressure and TPMS system malfunctions. For the reasons stated above, the agency concludes that in the case of the subject vehicles, the low tire pressure indicator telltales installed on the subject vehicles being orange in color rather than yellow poses little if any risk to motor vehicle safety. NHTSA’S Decision: In consideration of the foregoing, NHTSA finds that Chrysler has met its burden of persuasion that the subject FMVSS No. 101 noncompliance in the subject vehicles is inconsequential to motor vehicle safety. Accordingly, Chrysler’s petition is hereby granted and Chrysler is exempted from the obligation of providing notification of, and a free 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 vehicles that Chrysler no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve Chrysler distributors and dealers of the prohibitions on the sale, offer for sale, PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Chrysler 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. 2016–07143 Filed 3–29–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0113; Notice 2] Nitto Tire U.S.A, 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: 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. Nitto then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. 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), 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. 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. E:\FR\FM\30MRN1.SGM 30MRN1 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices Notice of receipt of the petition was published, with a 30-day public comment period, on December 14, 2015 in the Federal Register (80 FR 77415). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2015– 0113.’’ 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; . . . asabaliauskas on DSK3SPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 18:06 Mar 29, 2016 Jkt 238001 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’S Decision NHTSA’S Analysis: The agency agrees with Nitto that the noncompliances are 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 of the noncompliances on the operational safety of vehicles on which these tires are mounted. Although tire construction affects the strength and durability, neither the agency nor the tire industry provides information relating tire strength and durability to the ply cord material in the tread and sidewall. Therefore, tire dealers and customers should consider the tire construction information along with other information such as load capacity, maximum inflation pressure, and tread wear, temperature, and traction ratings, to assess performance capabilities of various tires. In the agency’s judgement, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety because most consumers do not base tire purchases or vehicle operation parameters on the ply material in a tire. NHTSA’S Decision: In consideration of the foregoing, NHTSA finds that Nitto has met its burden of persuasion that the subject FMVSS No. 139 noncompliance in the affected tires is inconsequential to motor vehicle safety. Accordingly, Nitto’s petition is hereby granted and Nitto is consequently exempted from the obligation of providing notification of, and a free 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, this PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 17765 decision only applies to the subject tires that Nitto no longer controlled at the time it determined that the noncompliance existed. However, the granting of 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. 2016–07142 Filed 3–29–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2016–0021] Oil Spill Response Planning Workshop AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT. ACTION: Notice of public workshop. SUMMARY: This notice is to announce a public workshop to discuss Oil Spill Response Plans covered by PHMSA’s Part 130 and Part 194 regulations. The purpose of the workshop is to bring federal regulators, interested members of the public, industry, and other stakeholders together to share knowledge and experiences with oil spill response planning and preparedness, gather ideas for harmonizing PHMSA’s regulations with other agencies, and discuss practical ways regulated entities can better plan and prepare for an oil spill. DATES: The public workshop will held on Tuesday, April 12, 2016, from 9:00 a.m. to 4:30 p.m. EST. Changes to start and finish times will be updated on the PHMSA meeting Web site (https:// primis.phmsa.dot.gov/meetings/ MtgHome.mtg?mtg=112). ADDRESSES: The workshop will be held at the National Transportation Safety Board, 490 L’Enfant Plaza East, Southwest, Washington, DC. The workshop agenda and any additional information will be published on the PHMSA home page Web site at (https://www.phmsa.dot.gov/ pipeline), and on the PHMSA meeting page Web site https:// primis.phmsa.dot.gov/meetings/ MtgHome.mtg?mtg=112. Presentations will also be available online at the E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17764-17765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07142]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0113; Notice 2]


Nitto Tire U.S.A, 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: 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. 
Nitto then petitioned NHTSA under 49 CFR part 556 requesting a decision 
that the subject noncompliance is inconsequential to motor vehicle 
safety.
---------------------------------------------------------------------------

    \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.

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), 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.

[[Page 17765]]

    Notice of receipt of the petition was published, with a 30-day 
public comment period, on December 14, 2015 in the Federal Register (80 
FR 77415). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2015-0113.''

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'S Decision

    NHTSA'S Analysis: The agency agrees with Nitto that the 
noncompliances are 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 of the noncompliances on 
the operational safety of vehicles on which these tires are mounted.
    Although tire construction affects the strength and durability, 
neither the agency nor the tire industry provides information relating 
tire strength and durability to the ply cord material in the tread and 
sidewall. Therefore, tire dealers and customers should consider the 
tire construction information along with other information such as load 
capacity, maximum inflation pressure, and tread wear, temperature, and 
traction ratings, to assess performance capabilities of various tires.
    In the agency's judgement, the incorrect labeling of the tire 
construction information will have an inconsequential effect on motor 
vehicle safety because most consumers do not base tire purchases or 
vehicle operation parameters on the ply material in a tire.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that Nitto has met its burden of persuasion that the subject FMVSS No. 
139 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, Nitto's petition is hereby granted and 
Nitto is consequently exempted from the obligation of providing 
notification of, and a free 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, this decision 
only applies to the subject tires that Nitto no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of 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. 2016-07142 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-59-P

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