81 FR 17764 - Nitto Tire U.S.A, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 61 (March 30, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 61 (March 30, 2016)
| Page Range | 17764-17765 | |
| FR Document | 2016-07142 |
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)] [Notices] [Pages 17764-17765] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07142] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0113; Notice 2] Nitto Tire U.S.A, Inc., Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: 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. Nitto then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. --------------------------------------------------------------------------- \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. ADDRESSES: For further information on this decision contact Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5310, facsimile --------------------------------------------------------------------------- (202) 366-5930. SUPPLEMENTARY INFORMATION: I. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), 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. [[Page 17765]] Notice of receipt of the petition was published, with a 30-day public comment period, on December 14, 2015 in the Federal Register (80 FR 77415). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2015-0113.'' 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'S Decision NHTSA'S Analysis: The agency agrees with Nitto that the noncompliances are inconsequential to motor vehicle safety. The agency believes that the true measure of inconsequentiality to motor vehicle safety in this case is that there is no effect of the noncompliances on the operational safety of vehicles on which these tires are mounted. Although tire construction affects the strength and durability, neither the agency nor the tire industry provides information relating tire strength and durability to the ply cord material in the tread and sidewall. Therefore, tire dealers and customers should consider the tire construction information along with other information such as load capacity, maximum inflation pressure, and tread wear, temperature, and traction ratings, to assess performance capabilities of various tires. In the agency's judgement, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety because most consumers do not base tire purchases or vehicle operation parameters on the ply material in a tire. NHTSA'S Decision: In consideration of the foregoing, NHTSA finds that Nitto has met its burden of persuasion that the subject FMVSS No. 139 noncompliance in the affected tires is inconsequential to motor vehicle safety. Accordingly, Nitto's petition is hereby granted and Nitto is consequently exempted from the obligation of providing notification of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the subject tires that Nitto no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve equipment distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after 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. 2016-07142 Filed 3-29-16; 8:45 am] BILLING CODE 4910-59-P
![17764 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices
does not reference the color of the event of low tire pressure and/or TPMS or introduction or delivery for
TPMS telltale, but rather that it fault. introduction into interstate commerce of
‘‘illuminates’’ in the event of low tire NHTSA understands that many the noncompliant vehicles under their
pressure and/or TPMS fault. vehicle operators are not familiar with control after Chrysler notified them that
• In the event there is significant the standard TPMS telltale used in the subject noncompliance existed.
under-inflation of tires, the TPMS vehicles today. The agency anticipates Authority: 49 U.S.C. 30118, 30120:
telltale is illuminated and the that regardless of TPMS telltale color, delegations of authority at 49 CFR 1.95 and
instrument cluster Electronic Vehicle yellow or orange, vehicle operators 501.8.
Information Center (EVIC) will display a familiar with the telltale symbol will not
be confused by the telltale color, and Jeffrey M. Giuseppe,
highlighted graphic of the locations
including the pressure values of the those not familiar with the telltale Director, Office of Vehicle Safety Compliance.
affected tires. symbol will still have to reference the [FR Doc. 2016–07143 Filed 3–29–16; 8:45 am]
• In the event there is a TPMS fault, owner’s manual to determine the BILLING CODE 4910–59–P
the telltale will flash on and off for 75 meaning when illumination occurs.
seconds and then maintain a continuous Chrysler explained that in the event
illumination. The system fault will there is a significant low inflation DEPARTMENT OF TRANSPORTATION
sound a chime and also display a pressure condition, the TPMS telltale
will illuminate as required, and the National Highway Traffic Safety
‘‘Service TPM System’’ message in the Administration
EVIC for approximately 3 seconds. This instrument cluster Electronic Vehicle
message contains the same symbol as Information Center (EVIC) will display a [Docket No. NHTSA–2015–0113; Notice 2]
the telltale. If the ignition switch is highlighted graphic depicting locations
and pressure values of affected tires. Nitto Tire U.S.A, Inc., Grant of Petition
cycled, this sequence will repeat,
The agency is in agreement with for Decision of Inconsequential
providing the system fault still exists. If
Chrysler that the information provided Noncompliance
the system fault no longer exists, the by the EVIC is in addition to the telltale
TPMS telltale will no longer flash, and required by the TPMS safety standard AGENCY: National Highway Traffic
the ‘‘Service TPM System’’ message will (FMVSS No. 138). The EVIC information Safety Administration (NHTSA),
no longer display. and warnings will aid the vehicle Department of Transportation (DOT).
In addition to the TPMS telltale operator in the recognition of low tire ACTION: Grant of petition.
alerting the operator of a significant loss inflation pressure and TPMS system
of tire pressure, or a TPMS malfunction malfunctions. SUMMARY: Nitto Tire U.S.A., Inc. (Nitto),
as required, the EVIC messages and For the reasons stated above, the has determined that certain Nitto NT05
owner’s manual provide more than the agency concludes that in the case of the passenger car tires manufactured
minimum level of information required subject vehicles, the low tire pressure between December 14, 2014 and August
aiding the operator’s association of the indicator telltales installed on the 1, 2015, do not fully comply with
illuminated telltale with an appropriate subject vehicles being orange in color paragraph S5.5(e) of Federal Motor
response. rather than yellow poses little if any risk Vehicle Safety Standard (FMVSS) No.
Chrysler also made reference to a to motor vehicle safety. 139, New Pneumatic Radial Tires for
previous petition for inconsequential NHTSA’S Decision: In consideration Light Vehicles. Nitto filed a report 1
noncompliance that addressed labeling of the foregoing, NHTSA finds that pursuant to 49 CFR part 573, Defect and
issues that NHTSA granted. Chrysler has met its burden of Noncompliance Responsibility and
Chrysler has additionally informed persuasion that the subject FMVSS No. Reports. Nitto then petitioned NHTSA
NHTSA that it has corrected the 101 noncompliance in the subject under 49 CFR part 556 requesting a
noncompliance so that all future vehicles is inconsequential to motor decision that the subject noncompliance
production vehicles will comply with vehicle safety. Accordingly, Chrysler’s is inconsequential to motor vehicle
FMVSS No. 101. petition is hereby granted and Chrysler safety.
In summation, Chrysler believes that is exempted from the obligation of ADDRESSES: For further information on
the described noncompliance of the providing notification of, and a free this decision contact Abraham Diaz,
subject vehicles is inconsequential to remedy for, that noncompliance under Office of Vehicle Safety Compliance, the
motor vehicle safety, and that its 49 U.S.C. 30118 and 30120. National Highway Traffic Safety
petition, to exempt Chrysler from NHTSA notes that the statutory Administration (NHTSA), telephone
providing recall notification of provisions (49 U.S.C. 30118(d) and (202) 366–5310, facsimile (202) 366–
noncompliance as required by 49 U.S.C. 30120(h)) that permit manufacturers to 5930.
30118 and remedying the recall file petitions for a determination of
noncompliance as required by 49 U.S.C. inconsequentiality allow NHTSA to SUPPLEMENTARY INFORMATION:
30120 should be granted. exempt manufacturers only from the I. Overview
duties found in sections 30118 and
NHTSA’S Decision 30120, respectively, to notify owners, Pursuant to 49 U.S.C. 30118(d) and
NHTSA’S Analysis: Chrysler purchasers, and dealers of a defect or 30120(h) (see implementing rule at 49
explained that if the TPMS telltale is noncompliance and to remedy the CFR part 556), Nitto submitted a
illuminated and the operator does not defect or noncompliance. Therefore, any petition for an exemption from the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
understand its meaning, the operator decision on this petition only applies to notification and remedy requirements of
can easily refer to the owner’s manual the subject vehicles that Chrysler no 49 U.S.C. Chapter 301 on the basis that
and determine that the TPMS telltale longer controlled at the time it this noncompliance is inconsequential
relates to significant tire under-inflation determined that the noncompliance to motor vehicle safety.
or a TPMS malfunction. Chrysler also existed. However, the granting of this 1 Originally dated September 15, 2015 under the
stated that the owner’s manual does not petition does not relieve Chrysler name of its parent company Toyo Tire Holdings of
reference the color of the TPMS telltale, distributors and dealers of the Americas Inc., and refiled under its own name on
but rather that it ‘‘illuminates’’ in the prohibitions on the sale, offer for sale, November 5, 2015.
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![Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices 17765
Notice of receipt of the petition was Nitto has additionally informed decision only applies to the subject tires
published, with a 30-day public NHTSA that it has corrected the that Nitto no longer controlled at the
comment period, on December 14, 2015 noncompliance so that future time it determined that the
in the Federal Register (80 FR 77415). production of the subject tires will noncompliance existed. However, the
No comments were received. To view comply with all applicable labeling granting of this petition does not relieve
the petition and all supporting requirements of FMVSS No. 139. equipment distributors and dealers of
documents log onto the Federal Docket In summation, Nitto believes that the the prohibitions on the sale, offer for
Management System (FDMS) Web site described noncompliance of the subject sale, or introduction or delivery for
at: http://www.regulations.gov/. Then tires is inconsequential to motor vehicle introduction into interstate commerce of
follow the online search instructions to safety, and that its petition, to exempt the noncompliant tires under their
locate docket number ‘‘NHTSA–2015– Nitto from providing recall notification control after Nitto notified them that the
0113.’’ of noncompliance as required by 49 subject noncompliance existed.
U.S.C. 30118 and remedying the recall Authority: 49 U.S.C. 30118, 30120:
II. Tires Involved noncompliance as required by 49 U.S.C. delegations of authority at 49 CFR 1.95 and
Affected are approximately 1,059 30120 should be granted. 501.8.
Nitto NT05 size 295/35ZR18 99W
passenger car tires manufactured NHTSA’S Decision Jeffrey M. Giuseppe,
between December 14, 2014 and August NHTSA’S Analysis: The agency agrees Director, Office of Vehicle Safety Compliance.
1, 2015. with Nitto that the noncompliances are [FR Doc. 2016–07142 Filed 3–29–16; 8:45 am]
inconsequential to motor vehicle safety. BILLING CODE 4910–59–P
III. Noncompliance The agency believes that the true
Nitto explains that the noncompliance measure of inconsequentiality to motor
is that the sidewall markings on the vehicle safety in this case is that there DEPARTMENT OF TRANSPORTATION
subject tires do not include the correct is no effect of the noncompliances on
generic name for the plies in the tread the operational safety of vehicles on Pipeline and Hazardous Materials
and sidewall area of the tires as required which these tires are mounted. Safety Administration
by paragraph S5.5(e) of FMVSS No. 139. Although tire construction affects the [Docket No. PHMSA–2016–0021]
Specifically, the subject tires are marked strength and durability, neither the
with ‘‘Tread 2 Steel 2 Rayon 1 Nylon; agency nor the tire industry provides Oil Spill Response Planning Workshop
Sidewall 3 Rayon.’’ The correct marking information relating tire strength and
should be ‘‘Tread 2 Steel 2 Polyester 1 durability to the ply cord material in the AGENCY: Pipeline and Hazardous
Nylon; Sidewall 3 Polyester.’’ tread and sidewall. Therefore, tire Materials Safety Administration, DOT.
dealers and customers should consider ACTION: Notice of public workshop.
IV. Rule Text
the tire construction information along SUMMARY: This notice is to announce a
Paragraph S5.5(e) of FMVSS No. 139 with other information such as load
requires in pertinent part: public workshop to discuss Oil Spill
capacity, maximum inflation pressure, Response Plans covered by PHMSA’s
S5.5 Tire markings. Except as specified in and tread wear, temperature, and Part 130 and Part 194 regulations. The
paragraphs (a) through (i) of S5.5, each tire traction ratings, to assess performance
must be marked on each sidewall with the
purpose of the workshop is to bring
capabilities of various tires. federal regulators, interested members
information specified in S5.5(a) through (d) In the agency’s judgement, the
and on one sidewall with the information of the public, industry, and other
incorrect labeling of the tire
specified in S5.5(e) through (i) according to stakeholders together to share
the phase-in schedule specified in S7 of this
construction information will have an
knowledge and experiences with oil
standard. . . . inconsequential effect on motor vehicle
spill response planning and
(e) The generic name of each cord material safety because most consumers do not
preparedness, gather ideas for
used in the plies (both sidewall and tread base tire purchases or vehicle operation
area) of the tire; . . .
harmonizing PHMSA’s regulations with
parameters on the ply material in a tire.
NHTSA’S Decision: In consideration other agencies, and discuss practical
V. Summary of Nitto’s Analyses ways regulated entities can better plan
of the foregoing, NHTSA finds that Nitto
Nitto stated its belief that the subject has met its burden of persuasion that and prepare for an oil spill.
noncompliance is inconsequential to the subject FMVSS No. 139 DATES: The public workshop will held
motor vehicle safety for the following noncompliance in the affected tires is on Tuesday, April 12, 2016, from 9:00
reasons: inconsequential to motor vehicle safety. a.m. to 4:30 p.m. EST. Changes to start
(1) Nitto believes that in the Safety Act Accordingly, Nitto’s petition is hereby and finish times will be updated on the
Congress acknowledged that there are cases granted and Nitto is consequently PHMSA meeting Web site (https://
where a vehicle or equipment may fail to exempted from the obligation of primis.phmsa.dot.gov/meetings/
comply with a safety standard, but that the providing notification of, and a free MtgHome.mtg?mtg=112).
impact on motor vehicle safety is so slight remedy for, that noncompliance under ADDRESSES: The workshop will be held
that an exemption from the notice and
remedy requirements of the Safety Act is 49 U.S.C. 30118 and 30120. at the National Transportation Safety
justified. NHTSA notes that the statutory Board, 490 L’Enfant Plaza East,
(2) Nitto states that the subject tires meet provisions (49 U.S.C. 30118(d) and Southwest, Washington, DC.
30120(h)) that permit manufacturers to The workshop agenda and any
asabaliauskas on DSK3SPTVN1PROD with NOTICES
all other performance and regulatory
requirements of FMVSS No. 139. file petitions for a determination of additional information will be
(3) Nitto has not received any complaints, inconsequentiality allow NHTSA to published on the PHMSA home page
claims, or warranty adjustments related to exempt manufacturers only from the Web site at (http://www.phmsa.dot.gov/
this noncompliance. duties found in sections 30118 and pipeline), and on the PHMSA meeting
(4) Nitto believes that NHTSA has
previously granted inconsequential 30120, respectively, to notify owners, page Web site https://
noncompliance petitions for noncompliances purchasers, and dealers of a defect or primis.phmsa.dot.gov/meetings/
that it believes are similar to the subject noncompliance and to remedy the MtgHome.mtg?mtg=112. Presentations
noncompliance. defect or noncompliance. Therefore, this will also be available online at the
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Document Created: 2016-03-30 09:28:09
Document Modified: 2016-03-30 09:28:09
| 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 | Grant of petition. | |
| FR Citation | 81 FR 17764 |
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