Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 76412-76414 [2016-26384]

Download as PDF 76412 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices HUDs have been incorporated and researched extensively in aviation and motor vehicle applications because of their relative advantage over head-down displays (HDDs). Research in the Cab Technology Integration Lab (CTIL), FRA’s locomotive simulator at the Volpe Center in Cambridge, MA, has shown that in-cab displays, such as moving maps, can lead to prolonged headsdown time (Young, et al., 2015). Additionally, research done in the field in naturalistic studies using passenger vehicles has also shown that looking inside a vehicle for interface control features increases the risk of an accident (Liang, Lee, & Yekhsatyan, 2012). Thus, a HUD has real advantages over an HDD. An investigation of alternative technologies that increase forward-track viewing time is worth pursuing. To test the hypothesis that display communications on a HUD can reduce workload and distractions while increasing the time the engineer keeps his or her eyes on the forward track, an experiment will be run in the CTIL with four different conditions: HUD presence (present or absent) will be crossed with radio communications (present or absent). Forty train engineers will participate in the simulator study and survey data collection. The HUD will be developed and installed by the Massachusetts Institute of Technology. A subjective measure of workload, such as the NASA TLX, will be utilized in this study and provided to the train engineers after the simulator experiment. In addition, usability of the system will be rated with a usability scale by the train engineers. Analysis of the simulator data, workload data, and usability survey data will allow FRA to assess whether the HUD has a relative advantage over the HDD in rail, and if it could mitigate performance declines related to the radio communications. Affected Public: Railroad Workers. Respondent Universe: 40 Railroad Engineers. Frequency of Submission: On occasion. REPORTING BURDEN Form No. Respondent universe Total annual responses Average time per response (hours) Total annual burden hours Form FRA F 6180.168—Simulator Survey ...................................... 40 Engineers ......... 40 surveys ............. 6.5 260 Total Responses: 40. Estimated Total Annual Burden: 260 hours. Type of Request: Approval of a new information collection. Status: Regular Review. Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that FRA may not conduct or sponsor, and a respondent is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Authority: 44 U.S.C. 3501–3520. Issued in Washington, DC, on October 26, 2016. Patrick Warren, Acting Executive Director. [FR Doc. 2016–26414 Filed 11–1–16; 8:45 am] BILLING CODE 4910–06–P Maritime Administration U.S. Merchant Marine Academy Board of Visitors Meeting Maritime Administration. Meeting notice. AGENCY: sradovich on DSK3GMQ082PROD with NOTICES The U.S. Department of Transportation, Maritime Administration (MARAD) announces that the following U.S. Merchant Marine Academy (Academy) Board of Visitors (BOV) meeting will take place: 1. Date: November 14, 2016. 2. Time: TBD (est 10:00–10:30) a.m. SUMMARY: VerDate Sep<11>2014 17:18 Nov 01, 2016 Authority: 46 U.S.C. 51312; 5 U.S.C. app. 552b; 41 CFR parts 102–3.140 through 102– 3.165. The BOV’s Designated Federal Officer and Point of Contact Brian Blower; 202 366– 2765; Brian.Blower@dot.gov. [Docket No. NHTSA–2016–0067; Notice 2] FOR FURTHER INFORMATION CONTACT: Any member of the public is permitted to file a written statement with the Academy BOV. Written statements should be sent to the Designated Federal Officer at: Brian Blower; 1200 New Jersey Ave. SE., W28–314, Washington, DC 20590 or via email at Brian.Blower@Dot.gov. (Please contact the Designated Federal Officer for information on submitting comments via fax.) Written statements must be received no later than three working days prior to the next meeting in order to provide time for member consideration. By rule, no member of the public attending open meetings will be allowed to present questions from the floor or speak to any issue under consideration by the BOV. By Order of the Maritime Administrator. Dated: October 27, 2016. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2016–26391 Filed 11–1–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION ACTION: 3. Location: U.S. Merchant Marine Academy, 300 Steamboat Road, Kings Point, NY; Schuyler Otis Bland Library, Crabtree Room. 4. Purpose of the Meeting: The purpose of this meeting is to brief BOV members on the State of the Academy and the Sea Year Stand Down. 5. Public Access to the Meeting: This meeting is open to the public. Seating is on a first-come basis. Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location. Jkt 241001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Michelin North America, Inc. (MNA), has determined that certain MNA tires do not fully comply with paragraph S5.5.1(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic radial tires for light vehicles. MNA filed a report dated May 5, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is SUMMARY: E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices inconsequential as it relates 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), MNA 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 as it relates to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period on August 3, 2016 in the Federal Register (81 FR 51266). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web page at: http://www.regulations.gov/. Then follow the online search instruction to locate docket number ‘‘NHTSA–2016– 0067.’’ II. Tires Involved Affected are approximately 186 MNA Uniroyal Tiger Paw AWP II size P215/ 70R15 97T passenger car tires that were manufactured between January 10, 2016 and January 13, 2016. III. Noncompliance MNA explains that two of the digits in the tire identification number (TIN) that identify the week and year of manufacture were inadvertently switched. This resulted in the tires, which were manufactured in the second week of 2016, being molded with a manufacturing date of ‘‘0126’’ rather than the correct marking of ‘‘0216,’’ contrary to the requirements specified in paragraph S5.5.1 of FMVSS No. 139 and 49 CFR 574.5(g)(4). IV. Rule Text sradovich on DSK3GMQ082PROD with NOTICES Paragraph S5.5.1 of FMVSS No. 139 requires in pertinent part: S5.5.1 Tire Identification Number. . . . (b) Tires manufactured on or after September 1, 2009. Each tire must be labeled with the tire identification number required by 49 CFR part 574 on the intended outboard sidewall of the tire. 49 CFR 574.5(g)(4) provides that the fourth grouping of symbols within the tire identification number shall ‘‘identify the week and year of VerDate Sep<11>2014 17:18 Nov 01, 2016 Jkt 241001 manufacture.’’ The regulation specifies that ‘‘[t]he first and second symbols of the date code must identify the week of the year,’’ and ‘‘[t]he third and fourth symbols of the date code identify the last two digits of the year of manufacture.’’ Applying these requirements, the subject tires, which were manufactured during week 2 of 2016, should display ‘‘0216’’ as the date code, but instead display ‘‘0126’’ as the date code. V. Summary of MNA’s Petition MNA believes that this noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, MNA submitted the following information and analysis of the subject noncompliance: 1. MNA stated that although the date code is not correct, it specifies a date well into the future and thus offers a unique identification for the subject tires. Furthermore, the incorrect but unique coding has been recorded in MNA’s records and can be used to identify the subject tires in the event of a future market action. 2. MNA also stated that there should be no risk of duplication of the TIN in the future since the current 2 digit plant code will be replaced with a 3 digit plant code by April 25, 2025, thus creating a new TIN sequence prior to week 1 of 2026 (the date inadvertently specified on the subject tires). 3. MNA further noted that the incorrect date code does not compromise the ability to register the tire. Tire registration cards accept the date as marked (0126). Moreover, the Uniroyal tire registration Web page accepts the TIN with the date as described. 4. MNA also stated that Michelin’s consumer care team has been informed should there be any questions from a consumer or dealer. 5. MNA concluded by noting that all other markings on the subject tires conform to the applicable regulations and meet all performance requirements of FMVSS No. 139. In its part 573 Report, MNA stated that there is no imminent safety risk associated with the mismarking. In summation, MNA believes that the described noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition, to exempt MNA from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 76413 NHTSA’s Decision NHTSA’s Analysis: The agency believes that in the case of a tire labeling noncompliance, one measure of its inconsequentiality to motor vehicle safety is whether the mislabeling would affect the manufacturer’s or consumer’s ability to identify the mislabeled tires properly, should the tires be recalled for performance related noncompliance. After review of MNA’s petition, NHTSA believes that the mislabeling of the date code would not create confusion with manufacturers or consumers should there be a recall since MNA has taken the following measures that would enable correct tire registration: (1) Accepting registration cards for tires that have an incorrectly labeled date code, (2) accepting internet registration through their Web page for tires that have an incorrectly labeled date code, and (3) informing their consumer care team about how to address the mislabeling in response to customers’ inquiries. NHTSA’s Decision: In consideration of the foregoing, NHTSA finds that MNA has met its burden of persuasion that the subject FMVSS No. 139 noncompliance in the affected tires is inconsequential to motor vehicle safety. Accordingly, MNA’s petition is hereby granted and MNA 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 on this petition only applies to the subject tires that MNA 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 MNA notified them that the subject noncompliance existed. E:\FR\FM\02NON1.SGM 02NON1 76414 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices Authority: (49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8). Dated: October 25, 2016. Antoinette Ross, Acting Director, Taxpayer Advocacy Panel. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–26383 Filed 11–1–16; 8:45 am] BILLING CODE 4830–01–P [FR Doc. 2016–26384 Filed 11–1–16; 8:45 am] BILLING CODE 4910–59–P U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION DEPARTMENT OF THE TREASURY Notice of Open Public Hearing Internal Revenue Service U.S.-China Economic and Security Review Commission. ACTION: Notice of official public release of the Commission’s 2016 Annual Report to Congress on November 16, 2016, Washington, DC. AGENCY: Open Meeting of the Taxpayer Advocacy Panel Notices and Correspondence Project Committee: Correction Internal Revenue Service (IRS) Treasury. ACTION: Notice of meeting: Correction. AGENCY: In the Federal Register notice that was originally published on October 11, 2016 (Volume 81, Number 196, Page 70277) the date will be changed from Wednesday, November 23, 2016 to Wednesday, November 16, 2016. DATES: The meeting will be held Wednesday, November 16, 2016. FOR FURTHER INFORMATION CONTACT: Theresa Singleton at 1–888–912–1227 or 202–317–3329. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Taxpayer Advocacy Panel Notices and Correspondence Project Committee will be held Wednesday, November 16, 2016, at 12:00 p.m. Eastern Time via teleconference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Theresa Singleton. For more information please contact: Theresa Singleton at 1–888–912–1227 or 202– 317–3329, TAP Office, 1111 Constitution Avenue NW., Room 1509— National Office, Washington, DC 20224, or contact us at the Web site: http:// www.improveirs.org. The agenda will include a discussion on various letters, and other issues related to written communications from the IRS. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:18 Nov 01, 2016 Jkt 241001 Notice is hereby given of the following public hearing of the U.S.China Economic and Security Review Commission. Name: Dennis C. Shea, Chairman of the U.S.-China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, and report to Congress annually on ‘‘the national security implications of the economic relationship between the United States and the People’s Republic of China.’’ Pursuant to this mandate, the Commission will hold an official public release of the Commission’s 2016 Annual Report to Congress on November 16, 2016. SUMMARY: Purpose of Meeting Pursuant to this mandate, the Commission will hold an official public conference in Washington, DC to release the 2016 Annual Report on November 16, 2016. The Commission is subject to the Federal Advisory Committee Act (FACA) with the enactment of the Science, State, Justice, Commerce and Related Agencies Appropriations Act, 2006 that was signed into law on November 22, 2005 (Pub. L. 109–108). In accord with FACA, meetings of the Commission to make decisions concerning the substance and recommendations of its 2016 Annual Report to Congress are open to the public. Topics Addressed The Commission’s 2016 Annual Report contains the following chapters and sections: PO 00000 Frm 00084 Fmt 4703 Sfmt 9990 Executive Summary Introduction Chapter 1 : U.S.-China Economic and Trade Relations Section 1: Year in Review: Economics and Trade Section 2: State-Owned Enterprises, Overcapacity, and China’s Market Economy Status Section 3: 13th Five-Year Plan Chapter 2: U.S.-China Security Relations Section 1: Year in Review: Security and Foreign Affairs Section 2: China’s Force Projection and Expeditionary Capabilities Section 3: China’s Intelligence Services and Espionage Threats to the United States Chapter 3: China and the World Section 1: China and South Asia Section 2: China and Taiwan Section 3: China and Hong Kong Section 4: China and North Korea Chapter 4: China and the U.S. Rebalance to Asia Location, Date and Time Hart Senate Office Building, Room 902. Wednesday, November 16, 2016, Time TBA. Please check our Web site, www.uscc.gov, for possible changes to the public meeting location and time. Reservations are not required to attend the hearing. FOR FURTHER INFORMATION CONTACT: Any member of the public seeking further information concerning the hearing should contact Leslie Tisdale, 444 North Capitol Street NW., Suite 602, Washington, DC 20001; phone: 202– 624–1496, or via email at LTisdale@ uscc.gov. Reservations are not required to attend the hearing. Authority: Congress created the U.S.China Economic and Security Review Commission in 2000 in the National Defense Authorization Act (Pub. L. 106–398), as amended by Division P of the Consolidated Appropriations Resolution, 2003 (Pub. L. 108–7), as amended by Public Law 109–108 (November 22, 2005), as amended by Public Law 113–291 (December 19, 2014). Dated: October 28, 2016. Michael Danis, Executive Director, U.S.-China Economic and Security Review Commission. [FR Doc. 2016–26463 Filed 11–1–16; 8:45 am] BILLING CODE 1137–00–P E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76412-76414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26384]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0067; Notice 2]


Michelin North America, 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: Michelin North America, Inc. (MNA), has determined that 
certain MNA tires do not fully comply with paragraph S5.5.1(b) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic 
radial tires for light vehicles. MNA filed a report dated May 5, 2016, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. MNA then petitioned NHTSA under 49 CFR part 556 requesting 
a decision that the subject noncompliance is

[[Page 76413]]

inconsequential as it relates 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), MNA 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 as it relates to motor 
vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period on August 3, 2016 in the Federal Register (81 FR 
51266). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web page at: http://www.regulations.gov/. Then follow the online 
search instruction to locate docket number ``NHTSA-2016-0067.''

II. Tires Involved

    Affected are approximately 186 MNA Uniroyal Tiger Paw AWP II size 
P215/70R15 97T passenger car tires that were manufactured between 
January 10, 2016 and January 13, 2016.

III. Noncompliance

    MNA explains that two of the digits in the tire identification 
number (TIN) that identify the week and year of manufacture were 
inadvertently switched. This resulted in the tires, which were 
manufactured in the second week of 2016, being molded with a 
manufacturing date of ``0126'' rather than the correct marking of 
``0216,'' contrary to the requirements specified in paragraph S5.5.1 of 
FMVSS No. 139 and 49 CFR 574.5(g)(4).

IV. Rule Text

    Paragraph S5.5.1 of FMVSS No. 139 requires in pertinent part:

    S5.5.1 Tire Identification Number.
    . . .
    (b) Tires manufactured on or after September 1, 2009. Each tire 
must be labeled with the tire identification number required by 49 
CFR part 574 on the intended outboard sidewall of the tire.

    49 CFR 574.5(g)(4) provides that the fourth grouping of symbols 
within the tire identification number shall ``identify the week and 
year of manufacture.'' The regulation specifies that ``[t]he first and 
second symbols of the date code must identify the week of the year,'' 
and ``[t]he third and fourth symbols of the date code identify the last 
two digits of the year of manufacture.'' Applying these requirements, 
the subject tires, which were manufactured during week 2 of 2016, 
should display ``0216'' as the date code, but instead display ``0126'' 
as the date code.

V. Summary of MNA's Petition

    MNA believes that this noncompliance is inconsequential as it 
relates to motor vehicle safety.
    In support of its petition, MNA submitted the following information 
and analysis of the subject noncompliance:
    1. MNA stated that although the date code is not correct, it 
specifies a date well into the future and thus offers a unique 
identification for the subject tires. Furthermore, the incorrect but 
unique coding has been recorded in MNA's records and can be used to 
identify the subject tires in the event of a future market action.
    2. MNA also stated that there should be no risk of duplication of 
the TIN in the future since the current 2 digit plant code will be 
replaced with a 3 digit plant code by April 25, 2025, thus creating a 
new TIN sequence prior to week 1 of 2026 (the date inadvertently 
specified on the subject tires).
    3. MNA further noted that the incorrect date code does not 
compromise the ability to register the tire. Tire registration cards 
accept the date as marked (0126). Moreover, the Uniroyal tire 
registration Web page accepts the TIN with the date as described.
    4. MNA also stated that Michelin's consumer care team has been 
informed should there be any questions from a consumer or dealer.
    5. MNA concluded by noting that all other markings on the subject 
tires conform to the applicable regulations and meet all performance 
requirements of FMVSS No. 139.
    In its part 573 Report, MNA stated that there is no imminent safety 
risk associated with the mismarking.
    In summation, MNA believes that the described noncompliance is 
inconsequential as it relates to motor vehicle safety, and that its 
petition, to exempt MNA from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA's Decision

    NHTSA's Analysis: The agency believes that in the case of a tire 
labeling noncompliance, one measure of its inconsequentiality to motor 
vehicle safety is whether the mislabeling would affect the 
manufacturer's or consumer's ability to identify the mislabeled tires 
properly, should the tires be recalled for performance related 
noncompliance.
    After review of MNA's petition, NHTSA believes that the mislabeling 
of the date code would not create confusion with manufacturers or 
consumers should there be a recall since MNA has taken the following 
measures that would enable correct tire registration: (1) Accepting 
registration cards for tires that have an incorrectly labeled date 
code, (2) accepting internet registration through their Web page for 
tires that have an incorrectly labeled date code, and (3) informing 
their consumer care team about how to address the mislabeling in 
response to customers' inquiries.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that MNA has met its burden of persuasion that the subject FMVSS No. 
139 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, MNA's petition is hereby granted and MNA 
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 on 
this petition only applies to the subject tires that MNA 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 MNA 
notified them that the subject noncompliance existed.


[[Page 76414]]


    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. 2016-26384 Filed 11-1-16; 8:45 am]
 BILLING CODE 4910-59-P