80 FR 77415 - Nitto Tire U.S.A, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 239 (December 14, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 239 (December 14, 2015)
| Page Range | 77415-77416 | |
| FR Document | 2015-31349 |
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)] [Notices] [Pages 77415-77416] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31349] [[Page 77415]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0113; Notice 1] Nitto Tire U.S.A, 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: Nitto Tire U.S.A., Inc. (Nitto), has determined that certain Nitto NT05 passenger car tires manufactured between December 14, 2014 and August 1, 2015, do not fully comply with paragraph S5.5(e) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Nitto filed a report \1\ pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. --------------------------------------------------------------------------- \1\ Originally dated September 15, 2015 under the name of its parent company Toyo Tire Holdings of Americas Inc., and refiled under its own name on November 5, 2015). DATES: The closing date for comments on the petition is January 13, --------------------------------------------------------------------------- 2016. 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 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 above 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. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Nitto submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Nitto'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 1,059 Nitto NT05 size 295/35ZR18 99W passenger car tires manufactured between December 14, 2014 and August 1, 2015. III. Noncompliance Nitto explains that the noncompliance is that the sidewall markings on the subject tires do not include the correct generic name for the plies in the tread and sidewall area of the tires as required by paragraph S5.5(e) of FMVSS No. 139. Specifically, the subject tires are marked with ``Tread 2 Steel 2 Rayon 1 Nylon; Sidewall 3 Rayon.'' The correct marking should be ``Tread 2 Steel 2 Polyester 1 Nylon; Sidewall 3 Polyester.'' IV. Rule Text Paragraph S5.5(e) of FMVSS No. 139 requires in pertinent part: S5.5 Tire markings. Except as specified in paragraphs (a) through (i) of S5.5, each tire must be marked on each sidewall with the information specified in S5.5(a) through (d) and on one sidewall with the information specified in S5.5(e) through (i) according to the phase-in schedule specified in S7 of this standard. . . . (e) The generic name of each cord material used in the plies (both sidewall and tread area) of the tire; . . . V. Summary of Nitto's Analyses Nitto stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) Nitto believes that in the Safety Act Congress acknowledged that there are cases where a vehicle or equipment may fail to comply with a safety standard, but that the impact on motor vehicle safety is so slight that an exemption from the notice and remedy requirements of the Safety Act is justified. (2) Nitto states that the subject tires meet all other performance and regulatory requirements of FMVSS No. 139. (3) Nitto has not received any complaints, claims, or warranty adjustments related to this noncompliance. (4) Nitto believes that NHTSA has previously granted inconsequential noncompliance petitions for noncompliances that it believes are similar to the subject noncompliance. Nitto has additionally informed NHTSA that it has corrected the noncompliance so that future production of the subject tires will comply with all applicable labeling requirements of FMVSS No. 139. In summation, Nitto believes that the described noncompliance of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt Nitto from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA 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 [[Page 77416]] the subject tires that Nitto 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 tires under their control after Nitto notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-31349 Filed 12-11-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices 77415
DEPARTMENT OF TRANSPORTATION form, please ensure that two copies are IV. Rule Text
provided. If you wish to receive Paragraph S5.5(e) of FMVSS No. 139
National Highway Traffic Safety confirmation that your comments were requires in pertinent part:
Administration received, please enclose a stamped, self-
addressed postcard with the comments. S5.5 Tire markings. Except as specified in
[Docket No. NHTSA–2015–0113; Notice 1] paragraphs (a) through (i) of S5.5, each tire
Note that all comments received will be
must be marked on each sidewall with the
Nitto Tire U.S.A, Inc., Receipt of posted without change to http:// information specified in S5.5(a) through (d)
Petition for Decision of www.regulations.gov, including any and on one sidewall with the information
Inconsequential Noncompliance personal information provided. specified in S5.5(e) through (i) according to
Documents submitted to a docket may the phase-in schedule specified in S7 of this
AGENCY: National Highway Traffic be viewed by anyone at the address and standard. . . .
Safety Administration (NHTSA), times given above. The documents may (e) The generic name of each cord material
Department of Transportation (DOT). also be viewed on the Internet at http:// used in the plies (both sidewall and tread
ACTION: Receipt of petition. www.regulations.gov by following the area) of the tire; . . .
online instructions for accessing the V. Summary of Nitto’s Analyses
SUMMARY: Nitto Tire U.S.A., Inc. (Nitto),
dockets. DOT’s complete Privacy Act
has determined that certain Nitto NT05 Nitto stated its belief that the subject
Statement is available for review in the
passenger car tires manufactured noncompliance is inconsequential to
Federal Register published on April 11,
between December 14, 2014 and August motor vehicle safety for the following
2000, (65 FR 19477–78).
1, 2015, do not fully comply with reasons:
The petition, supporting materials, (1) Nitto believes that in the Safety
paragraph S5.5(e) of Federal Motor
and all comments received before the Act Congress acknowledged that there
Vehicle Safety Standard (FMVSS) No.
close of business on the closing date are cases where a vehicle or equipment
139, New Pneumatic Radial Tires for
indicated above will be filed and will be may fail to comply with a safety
Light Vehicles. Nitto filed a report 1
considered. All comments and standard, but that the impact on motor
pursuant to 49 CFR part 573, Defect and
supporting materials received after the vehicle safety is so slight that an
Noncompliance Responsibility and
closing date will also be filed and will exemption from the notice and remedy
Reports.
be considered to the extent possible. requirements of the Safety Act is
DATES: The closing date for comments When the petition is granted or denied,
on the petition is January 13, 2016. justified.
notice of the decision will be published (2) Nitto states that the subject tires
ADDRESSES: Interested persons are in the Federal Register pursuant to the meet all other performance and
invited to submit written data, views, authority indicated below. regulatory requirements of FMVSS No.
and arguments on this petition. SUPPLEMENTARY INFORMATION: 139.
Comments must refer to the docket and (3) Nitto has not received any
notice number cited at the beginning of I. Overview
complaints, claims, or warranty
this notice and submitted by any of the Pursuant to 49 U.S.C. 30118(d) and adjustments related to this
following methods: 30120(h) (see implementing rule at 49 noncompliance.
• Mail: Send comments by mail CFR part 556), Nitto submitted a (4) Nitto believes that NHTSA has
addressed to: U.S. Department of petition for an exemption from the previously granted inconsequential
Transportation, Docket Operations, M– notification and remedy requirements of noncompliance petitions for
30, West Building Ground Floor, Room 49 U.S.C. Chapter 301 on the basis that noncompliances that it believes are
W12–140, 1200 New Jersey Avenue SE., this noncompliance is inconsequential similar to the subject noncompliance.
Washington, DC 20590. to motor vehicle safety. Nitto has additionally informed
• Hand Deliver: Deliver comments by This notice of receipt of Nitto’s NHTSA that it has corrected the
hand to: U.S. Department of petition is published under 49 U.S.C. noncompliance so that future
Transportation, Docket Operations, M– 30118 and 30120 and does not represent production of the subject tires will
30, West Building Ground Floor, Room any agency decision or other exercise of comply with all applicable labeling
W12–140, 1200 New Jersey Avenue SE., judgment concerning the merits of the requirements of FMVSS No. 139.
Washington, DC 20590. The Docket petition. In summation, Nitto believes that the
Section is open on weekdays from 10 described noncompliance of the subject
a.m. to 5 p.m. except Federal Holidays. II. Tires Involved tires is inconsequential to motor vehicle
• Electronically: Submit comments Affected are approximately 1,059 safety, and that its petition, to exempt
electronically by: Logging onto the Nitto NT05 size 295/35ZR18 99W Nitto from providing recall notification
Federal Docket Management System passenger car tires manufactured of noncompliance as required by 49
(FDMS) Web site at http:// between December 14, 2014 and August U.S.C. 30118 and remedying the recall
www.regulations.gov/. Follow the online 1, 2015. noncompliance as required by 49 U.S.C.
instructions for submitting comments. 30120 should be granted.
Comments may also be faxed to (202) III. Noncompliance NHTSA notes that the statutory
493–2251. Nitto explains that the noncompliance provisions (49 U.S.C. 30118(d) and
Comments must be written in the is that the sidewall markings on the 30120(h)) that permit manufacturers to
English language, and be no greater than subject tires do not include the correct file petitions for a determination of
15 pages in length, although there is no
mstockstill on DSK4VPTVN1PROD with NOTICES
generic name for the plies in the tread inconsequentiality allow NHTSA to
limit to the length of necessary and sidewall area of the tires as required exempt manufacturers only from the
attachments to the comments. If by paragraph S5.5(e) of FMVSS No. 139. duties found in sections 30118 and
comments are submitted in hard copy Specifically, the subject tires are marked 30120, respectively, to notify owners,
1 Originally dated September 15, 2015 under the
with ‘‘Tread 2 Steel 2 Rayon 1 Nylon; purchasers, and dealers of a defect or
name of its parent company Toyo Tire Holdings of
Sidewall 3 Rayon.’’ The correct marking noncompliance and to remedy the
Americas Inc., and refiled under its own name on should be ‘‘Tread 2 Steel 2 Polyester 1 defect or noncompliance. Therefore, any
November 5, 2015). Nylon; Sidewall 3 Polyester.’’ decision on this petition only applies to
VerDate Sep<11>2014 17:36 Dec 11, 2015 Jkt 238001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1](https://thefederalregister.org/doc/80_FR_77654/page/1.svg)
Document Created: 2015-12-14 13:47:09
Document Modified: 2015-12-14 13:47:09
| 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 January 13, | |
| FR Citation | 80 FR 77415 |
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