Transamerica Tire Co. Ltd., Receipt of Petition for Decision of Inconsequential Noncompliance, 64593-64595 [2021-25112]

Download as PDF Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES S endorsements. If granted the exemption, ODE requests it remain in effect as long as the Ohio Pre-Service theory and BTW curricula meet or exceed all of the Federal training standards. The ODE states that the Ohio Pre-Service School Bus Driver Training program was established in 1978, and periodic review and upgrades to the program are continuous. With more than 25,000 school buses operated in Ohio, safety is of greatest importance for the ODE’s Office of Pupil Transportation, and thousands of drivers are trained through the Department’s program each year, including new and ‘‘existing’’ drivers seeking their initial CDL and applicable P and S endorsements. The ODE’s application explains that all drivers who operate school buses in Ohio must be listed in the ODE’s School Foundation Payment System (SFPS) portal which tracks driver license information and assures drivers complete the necessary training requirements to transport students in Ohio. The SFPS verifies that drivers participated in both theory and BTW instruction, and also completes daily checks of driver certificates to ensure certificates are not expired. All drivers are required to attend theory training and have skill evaluations at least every 6 years. Most drivers are evaluated annually by their supervisors and/or onthe-bus instructors. The ODE contends that without this requested exemption, ‘‘Ohio school bus drivers would be required to have more training than anyone in the industry.’’ School bus drivers who complete the Ohio Pre-Service School Bus Driver Training meet all the criteria to operate any Group-B commercial motor vehicle (CMV). This training program enables a driver to obtain a Class B CDL and provides the training to obtain either the P, S, or air brake endorsements, which allow for the driver to operate multiple Group B-regulated CMVs. IV. Equivalent Level of Safety The ODE believes the current State revised and administrative codes that requires new Ohio school bus drivers to successfully complete 15 hours of theory instruction and a minimum of 12 hours of BTW instruction and the training instructors’ credentials, exceeds the requirements set forth in the ELDT regulations. The ODE’s application also references the Ohio law requiring ‘‘existing’’ drivers to successfully complete 9 hours of theory instruction once every six years after initial certification, and requiring school bus drivers to complete a minimum of 4 hours of annual in-service training VerDate Sep<11>2014 17:11 Nov 17, 2021 Jkt 256001 specific to the operation of a school bus, as additional elements that exceed the level of safety of the ELDT regulations. V. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on the ODE’s application for an exemption from the Federal ELDT regulations in 49 CFR part 380 subpart F for drivers trained through its Pre-Service School Bus Driver Training curriculum. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the Addresses section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–25118 Filed 11–17–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0129; Notice 1] Transamerica Tire Co. Ltd., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Transamerica Tire Co. Ltd. (Transamerica) has determined that certain Transeagle ST tires manufactured by Shandong Yinbao Tyre (Yinbao) do not fully comply with 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. Transamerica, on behalf of Yinbao, filed a noncompliance report dated November 21, 2019. Transamerica petitioned NHTSA on November 25, 2019, and amended its petition on April 22, 2021, for a decision that the subject SUMMARY: PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 64593 noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Transamerica’s petition. DATES: The closing date for comments on the petition is December 20, 2021. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket number and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// 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 comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting E:\FR\FM\18NON1.SGM 18NON1 64594 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview Transamerica has determined that certain tires manufactured by Yinbao do not fully comply with paragraphs S6.5 and S6.5(b) of FMVSS No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More than 4,536 kilograms (10,000 pounds) and Motorcycles (49 CFR 571.119). Transamerica, on behalf of Yinbao, filed a noncompliance report dated November 21, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Transamerica also petitioned NHTSA on November 25, 2019, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt, of Transamerica’s petition, is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercises of judgment concerning the merits of the petition. khammond on DSKJM1Z7X2PROD with NOTICES II. Tires Involved Approximately 9,551 Transeagle ST radial tires, sizes ST235/85R16, ST235/ 80R16, and ST225/90R16, manufactured between September 23, 2017, and August 10, 2019, are potentially involved. III. Noncompliance Transamerica explains that the noncompliance is that the subject tires were inadvertently labeled with a Tire Identification Number (TIN) that contains an incorrect manufacturer’s code and, therefore, do not meet the requirements specified in paragraph S6.5(b) of FMVSS No. 119. The manufacturer’s code is the part of the TIN that is comprised of a group of six symbols located immediately following the three-symbol plant code and before the date code, for all new tires. In addition, the manufacturer’s code VerDate Sep<11>2014 17:11 Nov 17, 2021 Jkt 256001 contains an additional character at the end of the labeled sequence, inadvertently producing a 14 character TIN instead of 8–13 character TIN. Specifically, the subject tires were incorrectly marked with the TIN as ‘‘1BP TTFEFTL’’ whereas they should have been marked as follows: • ST235/85R16: ‘‘1BP TTFEFT’’ • ST235/80R16: ‘‘1BP TFEFTL’’ • ST225/90R16: ‘‘1BP TTFEF’’ 1 IV. Rule Requirements Paragraphs S6.5 and S6.5(b) of FMVSS No. 119 include the requirements relevant to this petition. These requirements state that each tire shall be marked on one or both sidewalls with the TIN that meets the requirements of 49 CFR part 574. V. Summary of Transamerica’s Petition The following views and arguments presented in this section, ‘‘V. Summary of Transamerica’s Petition,’’ are the views and arguments provided by Transamerica. They have not been evaluated by the Agency and do not reflect the views of the Agency. Transamerica describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. Background On October 21, 2019, Transamerica received a letter from NHTSA explaining that NHTSA’s Office of Vehicle Safety Compliance ‘‘has received information alleging that at least one of the tires manufactured by [Yinbao] and imported by [Transamerica] may not be in compliance with [FMVSS] No. 119.’’ Accordingly, the letter included a ‘‘photo showing a labeling failure on the tires branded Transeagle ST radial size 235/85R16.’’ Specifically, it is alleged that ‘‘[t]he tires appear to have an improper 14 character [TIN] instead of the 8–13 character TIN required by FMVSS No. 119.’’ Transamerica offers the following views and arguments in support of its petition: 1. Upon the receipt of NHTSA’s inquiry, Transamerica conducted an investigation to determine the validity of the allegations and the universe of tires affected by such noncompliance. Transamerica found that a total number of 9,551 tires branded Transeagle ST radial tires size ST235/85R16, ST235/ 80R16, and ST225/90R16 contained an 1 In its amended petition submitted on April 22, 2021, Transamerica acknowledges that this TIN provided as the correction to these tires is also noncompliant because it does not contain six symbols as required. PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 incorrect manufacturer’s code in their TIN labels molded on the sidewall of the tires. Transamerica says that except for the incorrect manufacturer’s code, all other information labeled on the tires was correct, including the plant information and the date of production, and that the Transeagle ST tires otherwise comply with all applicable standards. Both Yinbao and Transamerica state that they are not aware of any crashes, injuries, customer complaints, or field reports in connection with this noncompliance. 2. Transamerica claims that the noncompliance is inconsequential because the subject tires meet all FMVSS and performance standards, the noncompliance is one of labeling, and the inaccurate manufacturer’s code would not affect the manufacturer’s or the consumers’ ability to identify them should the tires be recalled for performance related noncompliance. a. The sole noncompliance at issue relates to an inadvertently labeled manufacturer’s code in the TIN on certain tires. While the subject tires contain an improper manufacturer’s code, they are in all other respects properly labeled and meet all performance requirements under FMVSS. Inaccurate manufacturer’s code identification upon which a consumer would not reasonably be expected to rely, does not have any effect on the operational safety of the vehicles on which these tires are mounted. b. Furthermore, the inaccurate manufacturer’s code identification will not affect Transamerica’s, Yinbao’s, or the consumers’ ability to identify the subject tires, should they be recalled for performance related to the noncompliance. First, the tires’ TIN bears the correct plant’s code and date code, and is still tied to Yinbao’s manufacturing facility. Thus, Transamerica, Yinbao, or the consumers would be reasonably able to identify the subject tires in the event of a recall. c. Transamerica states that they have taken measures to ensure that the tires can be registered correctly. There is a ‘‘Tire Registration’’ option on Transamerica’s website where consumers can register their TIN and contact information. Transamerica has taken steps to ensure that the incorrect TINs with the additional characters can also be registered for any future recalls or warranty issues. Furthermore, Transamerica has already corrected the molds at the applicable manufacturing plant, such that no additional tires were fabricated with the noncompliance. Transamerica stated that they will also improve their internal processes to prevent future TIN errors. E:\FR\FM\18NON1.SGM 18NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices d. Transamerica states that NHTSA has previously granted petitions for inconsequential noncompliance where TIN information labels are incorrect or missing information and that granting this petition would be consistent with NHTSA’s prior decisions on petitions involving tires labeled with inaccurate TIN information. Transamerica cites the following petitions: • Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 81 FR 76412 (November 2, 2016). • Cooper Tire & Rubber Company, Grant of Application for Decision of Inconsequential Noncompliance, 63 FR 29059 (May 27, 1998). • Tireco, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 80 FR 66614 (October 29, 2015). • Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 71 FR 4397 (January 26, 2006). • Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 82 FR 52966 (November 15, 2017). • Yokohama Tire Corporation, Grant of Petition for Decision of Inconsequential Noncompliance, 84 FR 64403 (November 21, 2019). Transamerica concludes by again contending that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and asking that its petition to be exempted 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, be granted. Transamerica’s complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at: https://www.regulations.gov and following the online search instructions to locate the docket number listed in the title of this notice. 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 Transamerica and Yinbao no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve tire distributors VerDate Sep<11>2014 17:11 Nov 17, 2021 Jkt 256001 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 Transamerica and Yinbao 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) Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2021–25112 Filed 11–17–21; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2021–0035; Notice 1] Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Michelin North America, Inc. (‘‘MNA’’), has determined that certain Michelin Primacy Tour A/S replacement passenger car tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. MNA filed an original noncompliance report dated March 25, 2021, and subsequently, MNA petitioned NHTSA on April 7, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of MNA’s petition. DATES: Send comments on or before December 20, 2021. 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 in the title of this notice and submitted by any of the following methods: • Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 SUMMARY: PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 64595 Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// 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 comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// www.regulations.gov by following the online instructions for accessing the docket. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 (65 FR 19477–78). FOR FURTHER INFORMATION CONTACT: Abraham Diaz, General Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366–5310. SUPPLEMENTARY INFORMATION: I. Overview MNA has determined that certain Michelin Primacy Tour A/S replacement passenger car tires do not fully comply with the requirements of paragraph S5.5.1(b) of FMVSS No. 139, E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64593-64595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25112]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0129; Notice 1]


Transamerica Tire Co. Ltd., Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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

SUMMARY: Transamerica Tire Co. Ltd. (Transamerica) has determined that 
certain Transeagle ST tires manufactured by Shandong Yinbao Tyre 
(Yinbao) do not fully comply with 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. 
Transamerica, on behalf of Yinbao, filed a noncompliance report dated 
November 21, 2019. Transamerica petitioned NHTSA on November 25, 2019, 
and amended its petition on April 22, 2021, for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety. This document announces receipt of Transamerica's petition.

DATES: The closing date for comments on the petition is December 20, 
2021.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number and notice number cited in the title of this notice and 
may be submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting

[[Page 64594]]

materials submitted to the docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
internet at https://www.regulations.gov by following the online 
instructions for accessing the dockets. The docket ID number for this 
petition is shown in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:

I. Overview

    Transamerica has determined that certain tires manufactured by 
Yinbao do not fully comply with paragraphs S6.5 and S6.5(b) of FMVSS 
No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More 
than 4,536 kilograms (10,000 pounds) and Motorcycles (49 CFR 571.119). 
Transamerica, on behalf of Yinbao, filed a noncompliance report dated 
November 21, 2019, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Transamerica also petitioned 
NHTSA on November 25, 2019, 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, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt, of Transamerica's petition, is published 
under 49 U.S.C. 30118 and 30120 and does not represent any agency 
decision or other exercises of judgment concerning the merits of the 
petition.

II. Tires Involved

    Approximately 9,551 Transeagle ST radial tires, sizes ST235/85R16, 
ST235/80R16, and ST225/90R16, manufactured between September 23, 2017, 
and August 10, 2019, are potentially involved.

III. Noncompliance

    Transamerica explains that the noncompliance is that the subject 
tires were inadvertently labeled with a Tire Identification Number 
(TIN) that contains an incorrect manufacturer's code and, therefore, do 
not meet the requirements specified in paragraph S6.5(b) of FMVSS No. 
119. The manufacturer's code is the part of the TIN that is comprised 
of a group of six symbols located immediately following the three-
symbol plant code and before the date code, for all new tires. In 
addition, the manufacturer's code contains an additional character at 
the end of the labeled sequence, inadvertently producing a 14 character 
TIN instead of 8-13 character TIN. Specifically, the subject tires were 
incorrectly marked with the TIN as ``1BP TTFEFTL'' whereas they should 
have been marked as follows:

 ST235/85R16: ``1BP TTFEFT''
 ST235/80R16: ``1BP TFEFTL''
 ST225/90R16: ``1BP TTFEF'' \1\
---------------------------------------------------------------------------

    \1\ In its amended petition submitted on April 22, 2021, 
Transamerica acknowledges that this TIN provided as the correction 
to these tires is also noncompliant because it does not contain six 
symbols as required.
---------------------------------------------------------------------------

IV. Rule Requirements

    Paragraphs S6.5 and S6.5(b) of FMVSS No. 119 include the 
requirements relevant to this petition. These requirements state that 
each tire shall be marked on one or both sidewalls with the TIN that 
meets the requirements of 49 CFR part 574.

V. Summary of Transamerica's Petition

    The following views and arguments presented in this section, ``V. 
Summary of Transamerica's Petition,'' are the views and arguments 
provided by Transamerica. They have not been evaluated by the Agency 
and do not reflect the views of the Agency.
    Transamerica describes the subject noncompliance and contends that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.

Background

    On October 21, 2019, Transamerica received a letter from NHTSA 
explaining that NHTSA's Office of Vehicle Safety Compliance ``has 
received information alleging that at least one of the tires 
manufactured by [Yinbao] and imported by [Transamerica] may not be in 
compliance with [FMVSS] No. 119.'' Accordingly, the letter included a 
``photo showing a labeling failure on the tires branded Transeagle ST 
radial size 235/85R16.'' Specifically, it is alleged that ``[t]he tires 
appear to have an improper 14 character [TIN] instead of the 8-13 
character TIN required by FMVSS No. 119.''
    Transamerica offers the following views and arguments in support of 
its petition:
    1. Upon the receipt of NHTSA's inquiry, Transamerica conducted an 
investigation to determine the validity of the allegations and the 
universe of tires affected by such noncompliance. Transamerica found 
that a total number of 9,551 tires branded Transeagle ST radial tires 
size ST235/85R16, ST235/80R16, and ST225/90R16 contained an incorrect 
manufacturer's code in their TIN labels molded on the sidewall of the 
tires. Transamerica says that except for the incorrect manufacturer's 
code, all other information labeled on the tires was correct, including 
the plant information and the date of production, and that the 
Transeagle ST tires otherwise comply with all applicable standards. 
Both Yinbao and Transamerica state that they are not aware of any 
crashes, injuries, customer complaints, or field reports in connection 
with this noncompliance.
    2. Transamerica claims that the noncompliance is inconsequential 
because the subject tires meet all FMVSS and performance standards, the 
noncompliance is one of labeling, and the inaccurate manufacturer's 
code would not affect the manufacturer's or the consumers' ability to 
identify them should the tires be recalled for performance related 
noncompliance.
    a. The sole noncompliance at issue relates to an inadvertently 
labeled manufacturer's code in the TIN on certain tires. While the 
subject tires contain an improper manufacturer's code, they are in all 
other respects properly labeled and meet all performance requirements 
under FMVSS. Inaccurate manufacturer's code identification upon which a 
consumer would not reasonably be expected to rely, does not have any 
effect on the operational safety of the vehicles on which these tires 
are mounted.
    b. Furthermore, the inaccurate manufacturer's code identification 
will not affect Transamerica's, Yinbao's, or the consumers' ability to 
identify the subject tires, should they be recalled for performance 
related to the noncompliance. First, the tires' TIN bears the correct 
plant's code and date code, and is still tied to Yinbao's manufacturing 
facility. Thus, Transamerica, Yinbao, or the consumers would be 
reasonably able to identify the subject tires in the event of a recall.
    c. Transamerica states that they have taken measures to ensure that 
the tires can be registered correctly. There is a ``Tire Registration'' 
option on Transamerica's website where consumers can register their TIN 
and contact information. Transamerica has taken steps to ensure that 
the incorrect TINs with the additional characters can also be 
registered for any future recalls or warranty issues. Furthermore, 
Transamerica has already corrected the molds at the applicable 
manufacturing plant, such that no additional tires were fabricated with 
the noncompliance. Transamerica stated that they will also improve 
their internal processes to prevent future TIN errors.

[[Page 64595]]

    d. Transamerica states that NHTSA has previously granted petitions 
for inconsequential noncompliance where TIN information labels are 
incorrect or missing information and that granting this petition would 
be consistent with NHTSA's prior decisions on petitions involving tires 
labeled with inaccurate TIN information. Transamerica cites the 
following petitions:
     Michelin North America, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance, 81 FR 76412 (November 2, 
2016).
     Cooper Tire & Rubber Company, Grant of Application for 
Decision of Inconsequential Noncompliance, 63 FR 29059 (May 27, 1998).
     Tireco, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance, 80 FR 66614 (October 29, 2015).
     Cooper Tire & Rubber Company, Grant of Petition for 
Decision of Inconsequential Noncompliance, 71 FR 4397 (January 26, 
2006).
     Cooper Tire & Rubber Company, Grant of Petition for 
Decision of Inconsequential Noncompliance, 82 FR 52966 (November 15, 
2017).
     Yokohama Tire Corporation, Grant of Petition for Decision 
of Inconsequential Noncompliance, 84 FR 64403 (November 21, 2019).
    Transamerica concludes by again contending that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and asking that its petition to be exempted 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, be granted.
    Transamerica's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at: https://www.regulations.gov and following the online search 
instructions to locate the docket number listed in the title of this 
notice.
    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 Transamerica and 
Yinbao 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 
Transamerica and Yinbao 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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-25112 Filed 11-17-21; 8:45 am]
BILLING CODE 4910-59-P