Vee Rubber Corporation Ltd. and American Honda Motor Co., Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance, 79440-79442 [2022-28061]
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79440
Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
Management System (FDMS) website at:
https://www.regulations.gov and by
following the online search instructions
to locate the docket number as listed in
the title of this notice.
VI. Additional Information
On July 6, 2022, NHTSA contacted
DTNA for clarification on certain parts
of its petition. DTNA provided the name
of the fabricating manufacturer for the
hose assemblies, Arco, and provided the
intended OD of the hose assemblies, 8
mm. DTNA also clarified the statements
describing the testing of the sample
tubing configuration. DTNA provided
the test results and found that the
average tensile load at which the
noncompliant component failed was
37.5 lbf.
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 and equipment that
DTNA 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 brake hoses and
equipment under their control after
DTNA 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. 2022–28062 Filed 12–23–22; 8:45 am]
TKELLEY on DSK125TN23PROD with NOTICES
BILLING CODE 4910–59–P
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket Nos. NHTSA–2021–0056, NHTSA–
2021–0057; Notice 1]
Vee Rubber Corporation Ltd. and
American Honda Motor Co., Inc.,
Receipt of Petitions for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
AGENCY:
Vee Rubber Corporation Ltd.
(VRC) and American Honda Motor Co.,
Inc., (Honda) have determined that
certain Vee Rubber VRM133 motorcycle
tires sold as replacement equipment and
as original equipment for installation on
certain model year (MY) 2019–2021
Honda Monkey motorcycles 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), Specialty Tires, and
Tires for Motorcycles. VRC filed a
noncompliance report dated June 7,
2021, and Honda filed a noncompliance
report dated June 22, 2021.
Subsequently, VRC petitioned NHTSA
on June 22, 2021, and Honda petitioned
NHTSA on July 14, 2021, for a decision
that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of VRC and Honda’s petitions.
DATES: Send comments on or before
January 26, 2023.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on these petitions.
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
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://
SUMMARY:
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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 petitions are 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 numbers for these
petitions are 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 194772012;78).
FOR FURTHER INFORMATION CONTACT:
Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety
Compliance, (325) 655–0547.
SUPPLEMENTARY INFORMATION:
I. Overview
VRC and Honda have determined that
certain Vee Rubber VRM133 motorcycle
tires sold as replacement equipment and
as original equipment for installation on
certain 2019–2021 Honda Monkey
motorcycles do not fully comply with
the requirements of paragraph 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), Specialty Tires, and Tires for
Motorcycles (49 CFR 571.119).
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
VRC filed a noncompliance report
dated June 7, 2021, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. VRC
subsequently petitioned NHTSA on
June 22, 2021, 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.
Honda filed a noncompliance report
dated June 22, 2021, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. Honda
subsequently petitioned NHTSA on July
14, 2021, 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 VRC and
Honda’s petitions 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 petitions.
TKELLEY on DSK125TN23PROD with NOTICES
II. Tires Involved
Approximately 29,018 Vee Rubber
VRM133 motorcycle tires sizes 120/80–
12 and 130/80–12, sold as replacement
equipment and to Honda for installation
in certain Honda motorcycles, and
manufactured between March 5, 2018,
and May 27, 2021, are potentially
involved.
The subject tires were installed as
original equipment on approximately
13,328 MY 2019–2021 Honda Monkey
motorcycles manufactured between July
4, 2018, and April 2, 2021, and therefore
these vehicles are also potentially
involved.
III. Noncompliance
VRC and Honda explain that the
noncompliance is that the subject tires
contain extra markings between the
manufacturer’s code and production
week mark within the tire identification
number (TIN), and, therefore, do not
comply with the requirements specified
in paragraph S6.5(b) of FMVSS No. 119.
Specifically, the tires included an extra
grouping of characters, beginning with
the letter ‘‘V’’ followed by numbers
between the second and third grouping
of characters. For example, the tires
were marked ‘‘DOT 15A BCN133
Vxxxxxx xxxx’’ or ‘‘DOT 15A BBN133
Vxxxxxx xxxx’’ when they should have
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22:43 Dec 23, 2022
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been marked ‘‘DOT 15A BCN133 xxxx’’
or ‘‘DOT 15A BBN133 xxxx,’’ with ‘‘x’’
representing the number present on a
specific tire.
IV. Rule Requirements
Paragraph S6.5(b) of FMVSS No. 119
includes the requirements relevant to
these petitions. S6.5(b) provides that the
TIN must meet the requirements as
stated in 49 CFR 574 and may be
marked on only one sidewall. 49 CFR
574.5(a) requires, in relevant part, that
each new tire manufacturer must
conspicuously label on one sidewall of
each tire it manufactures, by
permanently molding into or onto the
sidewall, a TIN consisting of 13 symbols
that contains the plant code,
manufacturer’s code, and date code, as
described in paragraphs (b)(1) through
(b)(3) of 49 CFR 574.5.
V. Summary of VRC and Honda’s
Petitions
The following views and arguments
presented in this section, ‘‘V. Summary
of VRC and Honda’s Petitions,’’ are the
views and arguments provided by VRC
and Honda. They have not been
evaluated by the Agency and do not
reflect the views of the Agency. VRC
and Honda describe the subject
noncompliance and contend that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of their petitions, VRC and
Honda submitted the following
reasoning:
VRC claims that the subject tires meet
the performance requirements of
FMVSS No. 119 and, therefore, the
‘‘markings have no impact on the
operational performance of the tires or
on the safety of motorcycles on which
these tires are installed.’’ VRC also
claims that the subject tires contain ‘‘a
complete and identifiable TIN which is
accessible while mounted’’ and that in
the event of a recall, a consumer would
have access to all the necessary
information required to determine
whether their tires are subject to a
recall.
In Honda’s petition, they state that
they support VRC’s petition and believe
that the extra markings on the tires do
not pose a safety risk to riders or affect
the performance of the subject
motorcycle tires. Honda added that the
subject tires are both identifiable and
traceable since the extra markings ‘‘do
not alter or remove any required
identifying characters of the TIN.’’
The petitioners referred to the
following inconsequential
noncompliance petitions granted by
NHTSA that they believe support the
granting of their petitions for the subject
noncompliance:
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79441
• Michelin North America, Inc., Grant
of Petition for Decision of
Inconsequential Noncompliance; 85 FR
37495, June 22, 2020.
• Bridgestone Firestone North
America Tire, LLC, Grant of Petition for
Decision of Inconsequential
Noncompliance; 71 FR 4396, January
26, 2006.
• Cooper Tire & Rubber Company,
Grant of Petition for Decision of
Inconsequential Noncompliance; 71 FR
4396, January 26, 2006.
• Cooper Tire & Rubber Company,
Grant of Petition for Decision of
Inconsequential Noncompliance; 82 FR
17075, April 7, 2017.
• Nitto Tire USA., Inc., Grant of
Petition for Decision of Inconsequential
Noncompliance; 81 FR 17764, March
30, 2016.
• Hankook Tire America, Grant of
Petition for Decision of Inconsequential
Noncompliance; 79 FR 30688, May 28,
2014.
The petitioners state that they are not
aware of any customer claims,
complaints, injuries, incidents, or field
reports associated with the extra
markings in the TIN on the affected
tires.
VRC states that they have already
corrected the error at its plant so that
the TIN on all new Model VRM133 tires
in the affected sizes will be marked
according to S6.5(b) of FMVSS No. 119.
VRC also states that they have recovered
all affected tires in possession of United
States distributors or retailers that have
not yet reached end-users.
The petitioners conclude their
petitions by contending that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety and that
their petitions 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, 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 these petitions only applies
to the subject tires and vehicles that the
petitioners no longer controlled at the
time it determined that the
noncompliance existed. However, any
decision on these petitions does not
relieve tire and vehicle distributors and
dealers of the prohibitions on the sale,
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
offer for sale, or introduction or delivery
for introduction into interstate
commerce of the noncompliant tires and
vehicles under their control after VRC
and Honda 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. 2022–28061 Filed 12–23–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2022–0080]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Request for Comment;
Child Passenger Safety Perceptions
and Practices in Ridesharing and
Autonomous Vehicles
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a request for approval of
a new information collection.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
abstracted below will be submitted to
the Office of Management and Budget
(OMB) for review and approval. The ICR
describes the nature of the information
collection and its expected burden. This
ICR is for a new collection of
information for which NHTSA intends
to seek OMB approval on Child
Passenger Safety Perceptions and
Practices in Ridesharing and
Autonomous Vehicles. A Federal
Register notice with a 60-day comment
period soliciting comments on the
following information collection was
published on October 17, 2022. NHTSA
received two sets of comments from
three organizations, which we address
below.
DATES: Comments must be submitted on
or before January 26, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection, including
suggestions for reducing burden, should
be submitted to the Office of
Management and Budget at
www.reginfo.gov/public/do/PRAMain.
To find this particular information
TKELLEY on DSK125TN23PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
22:43 Dec 23, 2022
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collection, select ‘‘Currently under
Review—Open for Public Comment’’ or
use the search function.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Kathy
Sifrit, Ph.D., Office of Behavioral Safety
Research (NPD–320), (202) 366–9982,
National Highway Traffic Safety
Administration, W46–472, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), a Federal
agency must receive approval from the
Office of Management and Budget
(OMB) before it collects certain
information from the public and a
person is not required to respond to a
collection of information by a Federal
agency unless the collection displays a
valid OMB control number. In
compliance with these requirements,
this notice announces that the following
information collection request will be
submitted OMB.
Title: Child Passenger Safety
Perceptions and Practices in
Ridesharing and Autonomous Vehicles.
OMB Control Number: New.
Form Numbers: NHTSA Forms 1687,
1688, 1689, and 1690.
Type of Request: Approval of a new
information collection.
Type of Review Requested: Regular.
Length of Approval Requested: Three
years from date of approval.
Summary of the Collection of
Information: The National Highway
Traffic Safety Administration (NHTSA)
of the U.S. Department of
Transportation is seeking approval for a
one-time voluntary information
collection from 24 caregivers of children
8 years old or younger and 12 licensed
drivers of rideshare vehicles. The
purpose of the collection is to describe
child passenger safety (CPS) attitudes
and behaviors from caregivers and
rideshare drivers. A NHTSA contractor
expects to provide screening
questionnaires to 200 potential
participants to determine their
eligibility for the focus group study and
to collect contact information for
scheduling with a potential burden of
15 minutes per respondent or 50 hours.
From the 200 potential participants, the
contractor will contact and enroll up to
36 participants in the study. Six 90minute focus groups will be conducted,
each with six participants. Including the
five minutes for participants to
complete informed consent, the burden
per focus group participant is 95
minutes or 57 hours. The total expected
burden for screening, scheduling, and
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participating in the focus groups is 107
hours. A trained moderator will conduct
separate virtual focus groups for
caregivers/parents of at least one child
8 years old or younger who frequently
use rideshare vehicles to transport
children (two groups) and those who
infrequently transport children in
rideshare vehicles (two groups) as well
as for rideshare drivers who frequently
have child passengers 8 years old or
younger (one group) and those who
infrequently have child passengers (one
group). The contractor will collect
participants’ attitudes and self-reported
behaviors from the focus groups.
NHTSA’s contractor received
Institutional Review Board (IRB)
approval to conduct the focus groups.
NHTSA will use the information to
produce a technical report containing
descriptive and qualitative assessments
of caregivers/parents’ and rideshare
drivers’ attitudes and behaviors related
to CPS in rideshare vehicles. NHTSA
will make the technical report available
to a variety of audiences interested in
improving highway safety through the
agency website and the National
Transportation Library. This collection
will inform the development of
behavioral safety countermeasures,
particularly in the areas of
communications and training related to
CPS in rideshare vehicles and
potentially future vehicles with
Automated Driving Systems.
Description of the Need for the
Information and Proposed Use of the
Information: NHTSA has estimated that
using a car seat reduces the risk of fatal
injury for infants (under 1 year old) by
71 percent for passenger cars and by 58
percent for light trucks such as pickups,
SUVs, and minivans. For toddlers (1 to
4 years old), the corresponding
reductions are 54 percent and 59
percent. 1 However, children are not
always restrained appropriately. In 2020
there were 181 passenger vehicle
occupant fatalities among children
under 4 years old, and 31 percent were
unrestrained (based on known restraint
use). In the 4-to-7 age group, there were
207 fatalities; 43 percent were
unrestrained (based on known restraint
use).2
1 Kahane, C. J. (2015, January). Lives saved by
vehicle safety technologies and associated Federal
Motor Vehicle Safety Standards, 1960 to 2012—
Passenger cars and LTVs—With reviews of 26
FMVSS and the effectiveness of their associated
safety technologies in reducing fatalities, injuries,
and crashes (Report No. DOT HS 812 069). National
Highway Traffic Safety Administration. https://
crashstats.nhtsa.dot.gov/Api/Public/
ViewPublication/812069
2 National Center for Statistics and Analysis.
(2022, July). Occupant protection in passenger
vehicles: 2020 data (Traffic Safety Facts. Report No.
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]]>Agencies
[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79440-79442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28061]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket Nos. NHTSA-2021-0056, NHTSA-2021-0057; Notice 1]
Vee Rubber Corporation Ltd. and American Honda Motor Co., Inc.,
Receipt of Petitions for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petitions.
-----------------------------------------------------------------------
SUMMARY: Vee Rubber Corporation Ltd. (VRC) and American Honda Motor
Co., Inc., (Honda) have determined that certain Vee Rubber VRM133
motorcycle tires sold as replacement equipment and as original
equipment for installation on certain model year (MY) 2019-2021 Honda
Monkey motorcycles 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), Specialty
Tires, and Tires for Motorcycles. VRC filed a noncompliance report
dated June 7, 2021, and Honda filed a noncompliance report dated June
22, 2021. Subsequently, VRC petitioned NHTSA on June 22, 2021, and
Honda petitioned NHTSA on July 14, 2021, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety. This notice announces receipt of VRC and Honda's petitions.
DATES: Send comments on or before January 26, 2023.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on these petitions. 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 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 petitions are 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 numbers for these petitions are
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
194772012;78).
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview
VRC and Honda have determined that certain Vee Rubber VRM133
motorcycle tires sold as replacement equipment and as original
equipment for installation on certain 2019-2021 Honda Monkey
motorcycles do not fully comply with the requirements of paragraph
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), Specialty Tires, and
Tires for Motorcycles (49 CFR 571.119).
[[Page 79441]]
VRC filed a noncompliance report dated June 7, 2021, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. VRC
subsequently petitioned NHTSA on June 22, 2021, 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.
Honda filed a noncompliance report dated June 22, 2021, pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Honda subsequently petitioned NHTSA on July 14, 2021, 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 VRC and Honda's petitions 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
petitions.
II. Tires Involved
Approximately 29,018 Vee Rubber VRM133 motorcycle tires sizes 120/
80-12 and 130/80-12, sold as replacement equipment and to Honda for
installation in certain Honda motorcycles, and manufactured between
March 5, 2018, and May 27, 2021, are potentially involved.
The subject tires were installed as original equipment on
approximately 13,328 MY 2019-2021 Honda Monkey motorcycles manufactured
between July 4, 2018, and April 2, 2021, and therefore these vehicles
are also potentially involved.
III. Noncompliance
VRC and Honda explain that the noncompliance is that the subject
tires contain extra markings between the manufacturer's code and
production week mark within the tire identification number (TIN), and,
therefore, do not comply with the requirements specified in paragraph
S6.5(b) of FMVSS No. 119. Specifically, the tires included an extra
grouping of characters, beginning with the letter ``V'' followed by
numbers between the second and third grouping of characters. For
example, the tires were marked ``DOT 15A BCN133 Vxxxxxx xxxx'' or ``DOT
15A BBN133 Vxxxxxx xxxx'' when they should have been marked ``DOT 15A
BCN133 xxxx'' or ``DOT 15A BBN133 xxxx,'' with ``x'' representing the
number present on a specific tire.
IV. Rule Requirements
Paragraph S6.5(b) of FMVSS No. 119 includes the requirements
relevant to these petitions. S6.5(b) provides that the TIN must meet
the requirements as stated in 49 CFR 574 and may be marked on only one
sidewall. 49 CFR 574.5(a) requires, in relevant part, that each new
tire manufacturer must conspicuously label on one sidewall of each tire
it manufactures, by permanently molding into or onto the sidewall, a
TIN consisting of 13 symbols that contains the plant code,
manufacturer's code, and date code, as described in paragraphs (b)(1)
through (b)(3) of 49 CFR 574.5.
V. Summary of VRC and Honda's Petitions
The following views and arguments presented in this section, ``V.
Summary of VRC and Honda's Petitions,'' are the views and arguments
provided by VRC and Honda. They have not been evaluated by the Agency
and do not reflect the views of the Agency. VRC and Honda describe the
subject noncompliance and contend that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of their petitions, VRC and Honda submitted the
following reasoning:
VRC claims that the subject tires meet the performance requirements
of FMVSS No. 119 and, therefore, the ``markings have no impact on the
operational performance of the tires or on the safety of motorcycles on
which these tires are installed.'' VRC also claims that the subject
tires contain ``a complete and identifiable TIN which is accessible
while mounted'' and that in the event of a recall, a consumer would
have access to all the necessary information required to determine
whether their tires are subject to a recall.
In Honda's petition, they state that they support VRC's petition
and believe that the extra markings on the tires do not pose a safety
risk to riders or affect the performance of the subject motorcycle
tires. Honda added that the subject tires are both identifiable and
traceable since the extra markings ``do not alter or remove any
required identifying characters of the TIN.''
The petitioners referred to the following inconsequential
noncompliance petitions granted by NHTSA that they believe support the
granting of their petitions for the subject noncompliance:
Michelin North America, Inc., Grant of Petition for
Decision of Inconsequential Noncompliance; 85 FR 37495, June 22, 2020.
Bridgestone Firestone North America Tire, LLC, Grant of
Petition for Decision of Inconsequential Noncompliance; 71 FR 4396,
January 26, 2006.
Cooper Tire & Rubber Company, Grant of Petition for
Decision of Inconsequential Noncompliance; 71 FR 4396, January 26,
2006.
Cooper Tire & Rubber Company, Grant of Petition for
Decision of Inconsequential Noncompliance; 82 FR 17075, April 7, 2017.
Nitto Tire USA., Inc., Grant of Petition for Decision of
Inconsequential Noncompliance; 81 FR 17764, March 30, 2016.
Hankook Tire America, Grant of Petition for Decision of
Inconsequential Noncompliance; 79 FR 30688, May 28, 2014.
The petitioners state that they are not aware of any customer
claims, complaints, injuries, incidents, or field reports associated
with the extra markings in the TIN on the affected tires.
VRC states that they have already corrected the error at its plant
so that the TIN on all new Model VRM133 tires in the affected sizes
will be marked according to S6.5(b) of FMVSS No. 119. VRC also states
that they have recovered all affected tires in possession of United
States distributors or retailers that have not yet reached end-users.
The petitioners conclude their petitions by contending that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety and that their petitions 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, 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
these petitions only applies to the subject tires and vehicles that the
petitioners no longer controlled at the time it determined that the
noncompliance existed. However, any decision on these petitions does
not relieve tire and vehicle distributors and dealers of the
prohibitions on the sale,
[[Page 79442]]
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant tires and vehicles under their
control after VRC and Honda 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. 2022-28061 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-59-P
