80 FR 33333 - Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 112 (June 11, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 112 (June 11, 2015)
| Page Range | 33333-33334 | |
| FR Document | 2015-14256 |
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)] [Notices] [Pages 33333-33334] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14256] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0041; Notice 1] Tireco, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Tireco, Inc., (Tireco) has determined that certain Tireco replacement tires do not fully comply with paragraph S6.5(b) of 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. Tireco has filed an appropriate report dated March 30, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is July 13, 2015. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and submitted by any of the following methods:Mail: Send comments by mail addressed to: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Deliver: Deliver comments by hand to: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Electronically: Submit comments electronically by: logging onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493-2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were [[Page 33334]] received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT's complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477-78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. SUPPLEMENTARY INFORMATION: I. Tireco's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Tireco submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Tireco's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. II. Tires Involved: Affected are approximately 1,600 Tireco brand Power King Traction size 8.25-20E/10, Power King Traction size 9.00-20 E/10, Milestar Traction size 8.25-20 E/10, and Milestar Traction size 9.00-20 E/10 replacement tires. These tires were manufactured between March 1, 2014 and March 22, 2015. III. Noncompliance: Tireco explains that the noncompliance is that the Tire Information Numbers (TINs) required to be marked on the tire sidewalls by paragraph S6.5(b) of FMVSS No. 119 are incomplete because they do not include the tire size codes required by 49 CFR part 574.5(b). IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 requires in pertinent part: S6.5 Tire Markings. Except as specified in this paragraph, each tire shall be marked on each sidewall with the information in paragraph (a) through (j) of this section. The markings shall be placed between the maximum section width (exclusive of sidewall decorations or curb ribs) and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area which is not more than one-fourth of the distance from the bead to the shoulder of the tire. If the maximum section width falls within that area, the markings shall appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings shall be in letters and numerals not less than 2 mm (0.078 inch) high and raised above or sunk below the tire surface not less than 0.4 mm (0.015 inch), except that the marking depth shall be not less than 0.25mm (0.010 inch) in the case of motorcycle tires. The tire identification and the DOT symbol labeling shall comply with part 574 of this chapter. Markings may appear on only one sidewall and the entire sidewall area may be used in the case of motorcycle tires and recreational, boat, baggage, and special trailer tires . . . (b) The tire identification number required by part 574 of this chapter. This number may be marked on only one sidewall. V. Summary of TIRECO's Analyses: Tireco state its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Tireco believes that the absence of the tire size code from the TIN has no impact on the operational performance of the subject tires or on the safety of vehicles on which the subject tires are mounted because the subject tires meet or exceed all of the applicable performance requirements specified by FMVSS No. 119. (B) Tireco states that even though the size code is absent from the TIN, the tire size information is readily available to consumers in a more understandable way by virtue of the actual tire size marking on the sidewalls. (C) Tireco also states that in the unlikely event that any of the subject tires are ever found to contain a defect or a substantive noncompliance that would warrant a recall, the recalled tires could be adequately identified through the partial [T]IN that is stamped on the sidewall. (D) Tireco referenced inconsequentiality petitions NHTSA has previously granted in the past that have addressed what it believes are similar issues. Tireco is not aware of any crashes, injuries, customer complaints, or field reports associated with the subject noncompliance. Tireco has additionally informed NHTSA that the fabricating manufacturer has corrected the molds at the manufacturing plant so that no additional tires will be manufactured with the noncompliance. In summation, Tireco believes that the described noncompliance of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt Tireco from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject tires that Tireco 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 Tireco notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8). Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-14256 Filed 6-10-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices 33333
close of business on the closing date BMW provided the graph to illustrate DEPARTMENT OF TRANSPORTATION
indicated below will be filed and will be that even with parameters representing
considered. All comments and a ‘‘worst-case scenario,’’ sufficient National Highway Traffic Safety
supporting materials received after the visibility of the rear reflex reflectors of Administration
closing date will also be filed and will the affected vehicles exists. [Docket No. NHTSA–2015–0041; Notice 1]
be considered to the extent possible.
BMW stated that it has not received
When the petition is granted or denied, Tireco, Inc., Receipt of Petition for
notice of the decision will be published any contacts from vehicle owners or
other road users regarding issues related Decision of Inconsequential
in the Federal Register pursuant to the Noncompliance
authority indicated below. to the subject noncompliance and is also
SUPPLEMENTARY INFORMATION:
not aware of any accidents or injuries AGENCY: National Highway Traffic
that have occurred as a result of this Safety Administration (NHTSA),
I. BMW’s Petition issue. Department of Transportation (DOT).
Pursuant to 49 U.S.C. 30118(d) and BMW has additionally informed ACTION: Receipt of petition.
30120(h) (see implementing rule at 49 NHTSA that it has corrected the
CFR part 556), BMW submitted a noncompliance so that subsequent SUMMARY: Tireco, Inc., (Tireco) has
petition for an exemption from the vehicle production will conform to determined that certain Tireco
notification and remedy requirements of paragraph 8.1.11 of FMVSS No. 108. replacement tires do not fully comply
49 U.S.C. Chapter 301 on the basis that with paragraph S6.5(b) of Federal Motor
this noncompliance is inconsequential In summation, BMW believes that the Vehicle Safety Standard (FMVSS) No.
to motor vehicle safety. described noncompliance of the subject 119, New Pneumatic Tires for Motor
This notice of receipt of BMW’s vehicles is inconsequential to motor Vehicles with a GVWR of More than
petition is published under 49 U.S.C. vehicle safety, and that its petition, to 4,536 Kilograms (10,000 pounds) and
30118 and 30120 and does not represent exempt BMW from providing recall Motorcycles. Tireco has filed an
any agency decision or other exercise of notification of noncompliance as appropriate report dated March 30,
judgment concerning the merits of the required by 49 U.S.C. 30118 and 2015, pursuant to 49 CFR part 573,
petition. remedying the recall noncompliance as Defect and Noncompliance
II. Vehicles Involved required by 49 U.S.C. 30120 should be Responsibility and Reports.
granted. DATES: The closing date for comments
Affected are approximately 13,899
MY 2013 BMW 5 Series sedan passenger NHTSA notes that the statutory on the petition is July 13, 2015.
cars manufactured between January 30, provisions (49 U.S.C. 30118(d) and ADDRESSES: Interested persons are
2013 and June 28, 2013. 30120(h)) that permit manufacturers to invited to submit written data, views,
file petitions for a determination of and arguments on this petition.
III. Noncompliance Comments must refer to the docket and
inconsequentiality allow NHTSA to
BMW explains that the exempt manufacturers only from the notice number cited at the beginning of
noncompliance is that some of the rear duties found in sections 30118 and this notice and submitted by any of the
reflex reflectors on the affected vehicles 30120, respectively, to notify owners, following methods:
do not fully conform to the minimum purchasers, and dealers of a defect or • Mail: Send comments by mail
photometry performance required by noncompliance and to remedy the addressed to: U.S. Department of
paragraph S8.1.11 of FMVSS No. 108. Transportation, Docket Operations, M–
defect or noncompliance. Therefore, any
IV. Rule Text 30, West Building Ground Floor, Room
decision on this petition only applies to
W12–140, 1200 New Jersey Avenue SE.,
Paragraph S8.1.11 of FMVSS No. 108 the subject vehicles that BMW no longer
Washington, DC 20590.
requires in pertinent part: controlled at the time it determined that
• Hand Deliver: Deliver comments by
S8.1.11 Photometry. Each reflex reflector
the noncompliance existed. However, hand to: U.S. Department of
must be designed to conform to the any decision on this petition does not Transportation, Docket Operations, M–
photometry requirements of Table XVI–a relieve vehicle distributors and dealers 30, West Building Ground Floor, Room
when tested according to the procedure of of the prohibitions on the sale, offer for W12–140, 1200 New Jersey Avenue SE.,
S14.2.3 for the reflex reflector color as sale, or introduction or delivery for
specified by this section.
Washington, DC 20590. The Docket
introduction into interstate commerce of Section is open on weekdays from 10
V. Summary of BMW’s Analyses the noncompliant vehicles under their a.m. to 5 p.m. except Federal Holidays.
BMW used Ricco’s Law to determine control after BMW notified them that • Electronically: Submit comments
a minimum required reflection the subject noncompliance existed. electronically by: logging onto the
coefficient in its analysis. BMW chose Authority: (49 U.S.C. 30118, 30120: Federal Docket Management System
Ricco’s Law because they believe it best Delegations of authority at 49 CFR 1.95 and (FDMS) Web site at http://
corresponds to the human physiological 501.8). www.regulations.gov/. Follow the online
condition in which a light source of a instructions for submitting comments.
given size and intensity is minimally Jeffrey Giuseppe, Comments may also be faxed to (202)
capable (i.e. illumination threshold) of Director, Office of Vehicle Safety Compliance. 493–2251.
producing visual perception. [FR Doc. 2015–14254 Filed 6–10–15; 8:45 am] Comments must be written in the
mstockstill on DSK4VPTVN1PROD with NOTICES
As such, BMW created a graph BILLING CODE 4910–59–P English language, and be no greater than
whereby the y-axis represented the 15 pages in length, although there is no
reflection coefficient in units consistent limit to the length of necessary
with FMVSS No. 108. While the x-axis attachments to the comments. If
represented the distance between two comments are submitted in hard copy
vehicles in order to simulate the form, please ensure that two copies are
condition of an approaching vehicle and provided. If you wish to receive
a parked or stopped vehicle. confirmation that your comments were
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![33334 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices
received, please enclose a stamped, self- markings shall be placed between the In summation, Tireco believes that the
addressed postcard with the comments. maximum section width (exclusive of described noncompliance of the subject
Note that all comments received will be sidewall decorations or curb ribs) and the tires is inconsequential to motor vehicle
posted without change to http:// bead on at least one sidewall, unless the safety, and that its petition, to exempt
maximum section width of the tire is located
www.regulations.gov, including any in an area which is not more than one-fourth
Tireco from providing recall notification
personal information provided. of the distance from the bead to the shoulder of noncompliance as required by 49
Documents submitted to a docket may of the tire. If the maximum section width U.S.C. 30118 and remedying the recall
be viewed by anyone at the address and falls within that area, the markings shall noncompliance as required by 49 U.S.C.
times given above. The documents may appear between the bead and a point one-half 30120 should be granted.
also be viewed on the Internet at http:// the distance from the bead to the shoulder of NHTSA notes that the statutory
www.regulations.gov by following the the tire, on at least one sidewall. The provisions (49 U.S.C. 30118(d) and
online instructions for accessing the markings shall be in letters and numerals not 30120(h)) that permit manufacturers to
dockets. DOT’s complete Privacy Act less than 2 mm (0.078 inch) high and raised file petitions for a determination of
above or sunk below the tire surface not less
Statement is available for review in the than 0.4 mm (0.015 inch), except that the
inconsequentiality allow NHTSA to
Federal Register published on April 11, marking depth shall be not less than 0.25mm exempt manufacturers only from the
2000, (65 FR 19477–78). (0.010 inch) in the case of motorcycle tires. duties found in sections 30118 and
The petition, supporting materials, The tire identification and the DOT symbol 30120, respectively, to notify owners,
and all comments received before the labeling shall comply with part 574 of this purchasers, and dealers of a defect or
close of business on the closing date chapter. Markings may appear on only one noncompliance and to remedy the
indicated below will be filed and will be sidewall and the entire sidewall area may be defect or noncompliance. Therefore, any
considered. All comments and used in the case of motorcycle tires and decision on this petition only applies to
supporting materials received after the recreational, boat, baggage, and special trailer the subject tires that Tireco no longer
tires . . .
closing date will also be filed and will (b) The tire identification number required
controlled at the time it determined that
be considered to the extent possible. by part 574 of this chapter. This number may the noncompliance existed. However,
When the petition is granted or denied, be marked on only one sidewall. any decision on this petition does not
notice of the decision will be published relieve tire distributors and dealers of
V. Summary of TIRECO’s Analyses: the prohibitions on the sale, offer for
in the Federal Register pursuant to the
Tireco state its belief that the subject sale, or introduction or delivery for
authority indicated below.
noncompliance is inconsequential to introduction into interstate commerce of
SUPPLEMENTARY INFORMATION: motor vehicle safety for the following
I. Tireco’s Petition: Pursuant to 49 the noncompliant tires under their
reasons: control after Tireco notified them that
U.S.C. 30118(d) and 30120(h) (see (A) Tireco believes that the absence of
implementing rule at 49 CFR part 556), the subject noncompliance existed.
the tire size code from the TIN has no
Tireco submitted a petition for an impact on the operational performance Authority: (49 U.S.C. 30118, 30120:
exemption from the notification and of the subject tires or on the safety of Delegations of authority at 49 CFR 1.95 and
remedy requirements of 49 U.S.C. 501.8).
vehicles on which the subject tires are
Chapter 301 on the basis that this mounted because the subject tires meet Jeffrey Giuseppe,
noncompliance is inconsequential to or exceed all of the applicable Director, Office of Vehicle Safety Compliance.
motor vehicle safety. performance requirements specified by [FR Doc. 2015–14256 Filed 6–10–15; 8:45 am]
This notice of receipt of Tireco’s FMVSS No. 119. BILLING CODE 4910–59–P
petition is published under 49 U.S.C. (B) Tireco states that even though the
30118 and 30120 and does not represent size code is absent from the TIN, the tire
any agency decision or other exercise of size information is readily available to DEPARTMENT OF TRANSPORTATION
judgment concerning the merits of the consumers in a more understandable
petition. way by virtue of the actual tire size National Highway Traffic Safety
II. Tires Involved: Affected are marking on the sidewalls. Administration
approximately 1,600 Tireco brand (C) Tireco also states that in the
Power King Traction size 8.25–20E/10, [Docket No. NHTSA–2014–0125; Notice 1]
unlikely event that any of the subject
Power King Traction size 9.00–20 E/10, tires are ever found to contain a defect General Motors, LLC, Receipt of
Milestar Traction size 8.25–20 E/10, and or a substantive noncompliance that Petition for Decision of
Milestar Traction size 9.00–20 E/10 would warrant a recall, the recalled tires Inconsequential Noncompliance
replacement tires. These tires were could be adequately identified through
manufactured between March 1, 2014 the partial [T]IN that is stamped on the AGENCY: National Highway Traffic
and March 22, 2015. sidewall. Safety Administration (NHTSA),
III. Noncompliance: Tireco explains (D) Tireco referenced Department of Transportation (DOT).
that the noncompliance is that the Tire inconsequentiality petitions NHTSA has ACTION: Receipt of petition.
Information Numbers (TINs) required to previously granted in the past that have
be marked on the tire sidewalls by addressed what it believes are similar SUMMARY: General Motors, LLC, (GM)
paragraph S6.5(b) of FMVSS No. 119 are issues. has determined that certain model year
incomplete because they do not include Tireco is not aware of any crashes, (MY) 2015 GMC multipurpose
the tire size codes required by 49 CFR injuries, customer complaints, or field passenger vehicles (MPV) do not fully
mstockstill on DSK4VPTVN1PROD with NOTICES
part 574.5(b). reports associated with the subject comply with paragraph S7.8.5 of
IV. Rule Text: Paragraph S6.5 of noncompliance. Federal Motor Vehicle Safety Standard
FMVSS No. 119 requires in pertinent Tireco has additionally informed (FMVSS) No. 108, Lamps, Reflective
part: NHTSA that the fabricating Devices and Associated Equipment. GM
S6.5 Tire Markings. Except as specified in manufacturer has corrected the molds at has filed an appropriate report dated
this paragraph, each tire shall be marked on the manufacturing plant so that no November 5, 2014, pursuant to 49 CFR
each sidewall with the information in additional tires will be manufactured part 573, Defect and Noncompliance
paragraph (a) through (j) of this section. The with the noncompliance. Responsibility and Reports.
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Document Created: 2015-12-15 15:07:34
Document Modified: 2015-12-15 15:07:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is July 13, 2015. | |
| FR Citation | 80 FR 33333 |
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