82_FR_17133 82 FR 17067 - Bridgestone Americas Tire Operations, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 17067 - Bridgestone Americas Tire Operations, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range17067-17068
FR Document2017-06952

Bridgestone Americas Tire Operations, LLC (BATO), has determined that certain Bridgestone VSB heavy-duty radial truck tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 Kilograms (10,000 pounds) and Motorcycles. BATO filed a noncompliance report dated April 7, 2016. BATO then petitioned NHTSA on May 5, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17067-17068]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06952]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0066; Notice 2]


Bridgestone Americas Tire Operations, LLC, Grant of Petition for 
Decision of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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

SUMMARY: Bridgestone Americas Tire Operations, LLC (BATO), has 
determined that certain Bridgestone VSB heavy-duty radial truck tires 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more 
than 4,536 Kilograms (10,000 pounds) and Motorcycles. BATO filed a 
noncompliance report dated April 7, 2016. BATO then petitioned NHTSA on 
May 5, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

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: Bridgestone Americas Tire Operations, LLC (BATO), has 
determined that certain Bridgestone VSB heavy-duty radial truck tires 
do not fully comply with paragraph S6.5(d) 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. BATO filed a report dated April 7, 2016, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. BATO 
then petitioned NHTSA on May 5, 2016, pursuant to 49 U.S.C. 30118(d) 
and 30120(h) and their implementing regulations at 49 CFR part 556, 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on June 29, 2016, in the Federal Register (81 FR 
42394). 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-2016-0066.''
    II. Tires Involved: Affected are approximately 1,167 Bridgestone 
VSB heavy-duty radial truck tires used mainly in a military 
application. Other instances include a few off-road logging 
applications and a single on-road snow plow vehicle for single load 
application. The affected tires were manufactured between April 5, 
2015, and March 30, 2016.
    III. Noncompliance: BATO stated that the subject tires are rated 
for both a single and a dual load and are marked with the proper 
maximum load rating and inflation pressure for a single load. However, 
they are not marked with the dual load information. As a result, the 
tires do not fully comply with paragraph S6.5(d) of FMVSS No. 119.
    IV. Rule Text: Paragraph S6.5(d) of FMVSS No. 119 provides, in 
pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information specified 
in paragraphs (a) through (j) of this section . . .
    (d) The maximum load rating and corresponding inflation pressure 
of the tire, shown as follows:
    (Mark on tires rated for single and dual load): Max load single 
_ kg (_ lb) at _ Pa (_ psi) cold. Max load dual _ kg (_ lb) at _ kPa 
(_ psi) cold.
    (Mark on tires rated only for single load): Max load _ kg (_ lb) 
at _ kPa (_ psi) cold. . .

    V. Summary of BATO's Petition: BATO described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety. BATO states that 
the subject tires meet or exceed all of the performance requirements of 
FMVSS No. 119. BATO also contends that the missing dual load 
information has no effect on the performance of the subject tires and 
that the subject tires were tested and passed at the single tire load, 
which is higher and more punishing than that of the dual tire load.
    BATO asserted that NHTSA has previously granted inconsequential 
noncompliance petitions similar to the subject noncompliance.
    BATO submitted a supplemental letter to the agency dated September 
23, 2016, which provided information about the use of the affected 
tires. BATO accounted for 100% of the affected tires as follows:
    1. BATO stated that approximately 90% of all affected tires were 
sold to a customer using the tires on an M911 Heavy Equipment 
Transporter (HET) used by the U.S. Army. The M911 HET uses the subject 
tires in dual-load configuration. The dual-load configuration is used 
on the third and fourth axles. BATO provided an excerpt of the U.S. 
Army Technical Manual for vehicle M911. In the manual, the vehicle 
manufacturer specifies the maximum load for the third and fourth tandem 
axles as 65,000 lbs. Because there are 8 tires total on these two 
axles, this corresponds to 8,125 lbs per tire. BATO further states that 
from the Tire and Rim Association (TRA) Year Book, the subject tires 
are rated for 9,410 lbs in dual-load applications when inflated to 85 
psi. Thus, in a maximum-load condition, the subject tires each have 
1,285 lbs of reserve load (nearly 14%) when used in the only known on-
road

[[Page 17068]]

dual-application positions on Axles 3 and 4 as stated by BATO.
    2. BATO stated that two tires were sent to a customer using the 
affected tires in a single-load application on a heavy-duty snowplow 
and that the proper maximum loading information for single-load is 
marked on the sidewall of the tire.
    3. BATO stated that about 10% of the subject tires were sold to 
customers that use these tires on private or unpaved roads. These 
customers are using the tires on logging trailers at forestry sites and 
on equipment trailers at oil exploration sites. In both cases, these 
off-road trailers are operated almost exclusively on unpaved, private 
roads, and are not considered to be ``motor vehicles'' as defined by 
the Motor Vehicle Safety Act. See 49 U.S.C. 30102(a)(6) which defines a 
``motor vehicle'' as one that is ``manufactured primarily for use on 
public streets, roads and highways''.
    BATO added that the subject tires are performing extremely well in 
the field. The subject tires have been in the market for up to 17 
months (manufactured dates range from April 5, 2015, to March 30, 
2016), and there is no indication of problems related to potential 
overload. BATO included that there have been no claims, lawsuits, 
adjustments, accidents, collisions or losses of control related to the 
subject tires.
    4. BATO states that NHTSA has previously granted petitions in which 
the ``dual'' maximum load information was marked incorrectly on the 
subject tires. BATO specifically cited Michelin 69 FR 62512; October 
26, 2004, and Michelin 71 FR 77092; December 22, 2006.
    BATO concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA's Decision

    NHTSA's Analysis: NHTSA agrees that the noncompliance is 
inconsequential to motor vehicle safety. However, NHTSA has some 
reservations about BATO's petition. NHTSA's analysis of BATO's points 
are described below:
    BATO asserted that NHTSA has previously granted inconsequential 
noncompliance petitions that are similar to the subject noncompliance. 
NHTSA responds that those petitions are not similar because they are 
cases involving specific conditions in which both the ``Single'' and 
``Dual'' loads were marked on the sidewall of the tire and the ``Dual'' 
loads were within the safety factor range associated for similar tires 
of its size. (See Michelin 71 FR 77092; Dec. 22, 2006, and Michelin 69 
FR 62512; October 26, 2004.)
    BATO states that the subject tires meet or exceed all of the 
performance requirements of FMVSS No. 119 which were tested and passed 
at the single tire load, which is higher and more punishing than that 
of the dual tire load. NHTSA does not find this to be a compelling 
argument. NHTSA does not agree that complying to the standard when 
tested in the manufacturer's single load specification negates the 
necessity for the tire to be properly marked with the correct dual load 
rating which, intentionally, is lower than the single load rating. The 
dual load rating is necessary to ensure a factor of safety during on 
road use conditions involving a dual-load configuration.
    What NHTSA finds relevant to a decision of inconsequential 
noncompliance is that the use of the subject tires is restricted to 
three specific cases: vehicles using the tires only in a single-load 
configuration; Vehicles the agency has determined to be off-road 
vehicles; and military vehicles. The analysis of each of these 
scenarios follows:
    First, BATO indicated that two of the subject tires were sold for 
use on a heavy-duty snowplow. The heavy-duty snowplow that uses these 
tires uses them exclusively in a single load application. The subject 
tires are marked properly on the sidewall for single load application 
and thus an end-user would be able to load the vehicle properly. 
Therefore, NHTSA agrees that in this specific case, the noncompliance 
is inconsequential to safety.
    Second, approximately 10% of the subject tires are used exclusively 
for off-road forestry logging and oil site exploration. In a letter 
dated July 25, 2011, NHTSA's Office of Chief Counsel communicated to 
the Michigan Association of Timbermen the following: ``NHTSA has issued 
several interpretations of this language. We have stated that vehicles 
equipped with tracks, agricultural equipment, and other vehicles 
incapable of highway travel are not motor vehicles. We have also 
determined that certain vehicles designed and sold solely for off-road 
use (e.g., airport runway vehicles and underground mining vehicles) are 
not motor vehicles, even if they may be operationally capable of 
highway travel.'' In light of this, NHTSA agrees that in the case of 
the subject tires, the noncompliance is inconsequential as it relates 
to motor vehicle safety because the tires are not used on public roads.
    Finally, approximately 90% of the subject tires were sold to the 
U.S. Army for use on M911 HET military vehicles. In this application, 
the M911 HET technical manual specifies the tire inflation pressure to 
be 85 psi and limits the tire loading to 8,125 lbs per tire due to the 
vehicle's axle design. BATO claims that the subject tires were designed 
and certified to meet a dual-load limit of 9,410 lbs at 85 psi, a fact 
corroborated by the TRA year book, and that each tire would have 1,285 
lbs of reserve load (nearly 14%). For these reasons, NHTSA believes 
that the subject tires have sufficient capacity for the expected loads 
during usage on the M911 HET military vehicles. Based on the 
restrictions within the military manual, the culture of the military to 
comply with such documentation, and the high level of maintenance that 
military vehicles receive, NHTSA further believes that these tires will 
not be used in an overloaded configuration. Therefore, the 
noncompliance is inconsequential to vehicle safety in this instance.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that BATO has met its burden of persuasion that in these specific 
vehicle applications, the FMVSS No. 119 noncompliance is 
inconsequential to motor vehicle safety. Accordingly, BATO's petition 
is hereby granted and BATO is exempted from the obligation of providing 
notification of, and remedy for, the noncompliance.

    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. 2017-06952 Filed 4-6-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices                                            17067

                                               FOR FURTHER INFORMATION CONTACT:                        4,536 Kilograms (10,000 pounds) and                   tires do not fully comply with paragraph
                                               Ronda Thompson by email at:                             Motorcycles. BATO filed a                             S6.5(d) of FMVSS No. 119.
                                               Ronda.Thompson@faa.gov.                                 noncompliance report dated April 7,                      IV. Rule Text: Paragraph S6.5(d) of
                                               SUPPLEMENTARY INFORMATION:                              2016. BATO then petitioned NHTSA on                   FMVSS No. 119 provides, in pertinent
                                                 OMB Control Number: 2120–0021.                        May 5, 2016, for a decision that the                  part:
                                                 Title: Certification: Pilots and Flight               subject noncompliance is                                S6.5 Tire markings. Except as specified in
                                               Instructors.                                            inconsequential as it relates to motor                this paragraph, each tire shall be marked on
                                                 Form Numbers: FAA Forms 8710–1.                       vehicle safety.                                       each sidewall with the information specified
                                                 Type of Review: Reinstatement of an                   ADDRESSES: For further information on                 in paragraphs (a) through (j) of this
                                               information collection.                                 this decision contact Abraham Diaz,                   section . . .
                                                 Background: Title 14 of the Code of                                                                           (d) The maximum load rating and
                                                                                                       Office of Vehicle Safety Compliance, the              corresponding inflation pressure of the tire,
                                               Federal Regulations part 61 (14 CFR part
                                                                                                       National Highway Traffic Safety                       shown as follows:
                                               61) Certification: Pilots, Flight
                                                                                                       Administration (NHTSA), telephone                       (Mark on tires rated for single and dual
                                               Instructors, and Ground Instructors
                                                                                                       (202) 366–5310, facsimile (202) 366–                  load): Max load single l kg (l lb) at l Pa
                                               prescribes minimum standards and
                                                                                                       5930.                                                 (l psi) cold. Max load dual l kg (l lb) at
                                               requirements for the issuance of airman                                                                       l kPa (l psi) cold.
                                               certificates, and establishes procedures                SUPPLEMENTARY INFORMATION:                              (Mark on tires rated only for single load):
                                               for applying for airman certificates. The                  I. Overview: Bridgestone Americas                  Max load l kg (l lb) at l kPa (l psi)
                                               Airman Certificate and/or Rating                        Tire Operations, LLC (BATO), has                      cold. . .
                                               Application form and the required                       determined that certain Bridgestone                      V. Summary of BATO’s Petition:
                                               records, logbooks and statements                        VSB heavy-duty radial truck tires do not              BATO described the subject
                                               required by the federal regulations are                 fully comply with paragraph S6.5(d) of                noncompliance and stated its belief that
                                               submitted to Federal Aviation                           Federal Motor Vehicle Safety Standard                 the noncompliance is inconsequential
                                               Administration (FAA) Flight Standards                   (FMVSS) No. 119, New Pneumatic Tires                  as it relates to motor vehicle safety.
                                               District Offices or its representatives to              for Motor Vehicles with a GVWR of                     BATO states that the subject tires meet
                                               determine qualifications of the                         more than 4,536 Kilograms (10,000                     or exceed all of the performance
                                               applicant for issuance of a pilot or                    pounds) and Motorcycles. BATO filed a                 requirements of FMVSS No. 119. BATO
                                               instructor certificate, or rating or                    report dated April 7, 2016, pursuant to               also contends that the missing dual load
                                               authorization.                                          49 CFR part 573, Defect and                           information has no effect on the
                                                 Respondents: Approximately                            Noncompliance Responsibility and                      performance of the subject tires and that
                                               1,196,653 responses.                                    Reports. BATO then petitioned NHTSA
                                                 Frequency: On occasion.                                                                                     the subject tires were tested and passed
                                                                                                       on May 5, 2016, pursuant to 49 U.S.C.                 at the single tire load, which is higher
                                                 Estimated Average Burden per                          30118(d) and 30120(h) and their
                                               Response: 25 minutes.                                                                                         and more punishing than that of the
                                                                                                       implementing regulations at 49 CFR part               dual tire load.
                                                 Estimated Total Annual Burden:                        556, for an exemption from the
                                               330,501 hours.                                                                                                   BATO asserted that NHTSA has
                                                                                                       notification and remedy requirements of               previously granted inconsequential
                                                 Issued in Washington, DC, on April 3,                 49 U.S.C. Chapter 301 on the basis that               noncompliance petitions similar to the
                                               2017.                                                   this noncompliance is inconsequential                 subject noncompliance.
                                               Ronda L. Thompson,                                      as it relates to motor vehicle safety.                   BATO submitted a supplemental
                                               FAA Information Collection Clearance                       Notice of receipt of the petition was              letter to the agency dated September 23,
                                               Officer, Performance, Policy, and Records               published, with a 30-day public                       2016, which provided information about
                                               Management Branch, ASP–110.                             comment period, on June 29, 2016, in                  the use of the affected tires. BATO
                                               [FR Doc. 2017–07011 Filed 4–6–17; 8:45 am]              the Federal Register (81 FR 42394). No                accounted for 100% of the affected tires
                                               BILLING CODE 4910–13–P                                  comments were received. To view the                   as follows:
                                                                                                       petition and all supporting documents                    1. BATO stated that approximately
                                                                                                       log onto the Federal Docket                           90% of all affected tires were sold to a
                                               DEPARTMENT OF TRANSPORTATION                            Management System (FDMS) Web site                     customer using the tires on an M911
                                                                                                       at: http://www.regulations.gov/. Then                 Heavy Equipment Transporter (HET)
                                               National Highway Traffic Safety                         follow the online search instructions to
                                               Administration                                                                                                used by the U.S. Army. The M911 HET
                                                                                                       locate docket number ‘‘NHTSA–2016–                    uses the subject tires in dual-load
                                               [Docket No. NHTSA–2016–0066; Notice 2]                  0066.’’                                               configuration. The dual-load
                                                                                                          II. Tires Involved: Affected are                   configuration is used on the third and
                                               Bridgestone Americas Tire Operations,                   approximately 1,167 Bridgestone VSB                   fourth axles. BATO provided an excerpt
                                               LLC, Grant of Petition for Decision of                  heavy-duty radial truck tires used                    of the U.S. Army Technical Manual for
                                               Inconsequential Noncompliance                           mainly in a military application. Other               vehicle M911. In the manual, the
                                               AGENCY: National Highway Traffic                        instances include a few off-road logging              vehicle manufacturer specifies the
                                               Safety Administration (NHTSA),                          applications and a single on-road snow                maximum load for the third and fourth
                                               Department of Transportation (DOT).                     plow vehicle for single load application.             tandem axles as 65,000 lbs. Because
                                               ACTION: Grant of petition.
                                                                                                       The affected tires were manufactured                  there are 8 tires total on these two axles,
                                                                                                       between April 5, 2015, and March 30,                  this corresponds to 8,125 lbs per tire.
                                               SUMMARY:  Bridgestone Americas Tire                     2016.                                                 BATO further states that from the Tire
nlaroche on DSK30NT082PROD with NOTICES




                                               Operations, LLC (BATO), has                                III. Noncompliance: BATO stated that               and Rim Association (TRA) Year Book,
                                               determined that certain Bridgestone                     the subject tires are rated for both a                the subject tires are rated for 9,410 lbs
                                               VSB heavy-duty radial truck tires do not                single and a dual load and are marked                 in dual-load applications when inflated
                                               fully comply with Federal Motor                         with the proper maximum load rating                   to 85 psi. Thus, in a maximum-load
                                               Vehicle Safety Standard (FMVSS) No.                     and inflation pressure for a single load.             condition, the subject tires each have
                                               119, New Pneumatic Tires for Motor                      However, they are not marked with the                 1,285 lbs of reserve load (nearly 14%)
                                               Vehicles with a GVWR of more than                       dual load information. As a result, the               when used in the only known on-road


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                                               17068                             Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices

                                               dual-application positions on Axles 3                   specific conditions in which both the                 noncompliance is inconsequential as it
                                               and 4 as stated by BATO.                                ‘‘Single’’ and ‘‘Dual’’ loads were marked             relates to motor vehicle safety because
                                                  2. BATO stated that two tires were                   on the sidewall of the tire and the                   the tires are not used on public roads.
                                               sent to a customer using the affected                   ‘‘Dual’’ loads were within the safety                   Finally, approximately 90% of the
                                               tires in a single-load application on a                 factor range associated for similar tires             subject tires were sold to the U.S. Army
                                               heavy-duty snowplow and that the                        of its size. (See Michelin 71 FR 77092;               for use on M911 HET military vehicles.
                                               proper maximum loading information                      Dec. 22, 2006, and Michelin 69 FR                     In this application, the M911 HET
                                               for single-load is marked on the                        62512; October 26, 2004.)                             technical manual specifies the tire
                                               sidewall of the tire.                                      BATO states that the subject tires                 inflation pressure to be 85 psi and limits
                                                  3. BATO stated that about 10% of the                 meet or exceed all of the performance                 the tire loading to 8,125 lbs per tire due
                                               subject tires were sold to customers that               requirements of FMVSS No. 119 which                   to the vehicle’s axle design. BATO
                                               use these tires on private or unpaved                   were tested and passed at the single tire             claims that the subject tires were
                                               roads. These customers are using the                    load, which is higher and more                        designed and certified to meet a dual-
                                               tires on logging trailers at forestry sites             punishing than that of the dual tire load.            load limit of 9,410 lbs at 85 psi, a fact
                                               and on equipment trailers at oil                        NHTSA does not find this to be a                      corroborated by the TRA year book, and
                                               exploration sites. In both cases, these                 compelling argument. NHTSA does not                   that each tire would have 1,285 lbs of
                                               off-road trailers are operated almost                   agree that complying to the standard                  reserve load (nearly 14%). For these
                                               exclusively on unpaved, private roads,                  when tested in the manufacturer’s single              reasons, NHTSA believes that the
                                               and are not considered to be ‘‘motor                    load specification negates the necessity              subject tires have sufficient capacity for
                                               vehicles’’ as defined by the Motor                      for the tire to be properly marked with               the expected loads during usage on the
                                               Vehicle Safety Act. See 49 U.S.C.                       the correct dual load rating which,                   M911 HET military vehicles. Based on
                                               30102(a)(6) which defines a ‘‘motor                     intentionally, is lower than the single               the restrictions within the military
                                               vehicle’’ as one that is ‘‘manufactured                 load rating. The dual load rating is                  manual, the culture of the military to
                                               primarily for use on public streets, roads              necessary to ensure a factor of safety                comply with such documentation, and
                                               and highways’’.                                         during on road use conditions involving               the high level of maintenance that
                                                  BATO added that the subject tires are                a dual-load configuration.                            military vehicles receive, NHTSA
                                               performing extremely well in the field.                    What NHTSA finds relevant to a                     further believes that these tires will not
                                               The subject tires have been in the                      decision of inconsequential                           be used in an overloaded configuration.
                                               market for up to 17 months                              noncompliance is that the use of the                  Therefore, the noncompliance is
                                               (manufactured dates range from April 5,                 subject tires is restricted to three                  inconsequential to vehicle safety in this
                                               2015, to March 30, 2016), and there is                  specific cases: vehicles using the tires              instance.
                                               no indication of problems related to                    only in a single-load configuration;                    NHTSA’s Decision: In consideration
                                               potential overload. BATO included that                  Vehicles the agency has determined to
                                                                                                                                                             of the foregoing, NHTSA finds that
                                               there have been no claims, lawsuits,                    be off-road vehicles; and military
                                                                                                                                                             BATO has met its burden of persuasion
                                               adjustments, accidents, collisions or                   vehicles. The analysis of each of these
                                                                                                                                                             that in these specific vehicle
                                               losses of control related to the subject                scenarios follows:
                                                                                                          First, BATO indicated that two of the              applications, the FMVSS No. 119
                                               tires.                                                                                                        noncompliance is inconsequential to
                                                  4. BATO states that NHTSA has                        subject tires were sold for use on a
                                                                                                       heavy-duty snowplow. The heavy-duty                   motor vehicle safety. Accordingly,
                                               previously granted petitions in which                                                                         BATO’s petition is hereby granted and
                                               the ‘‘dual’’ maximum load information                   snowplow that uses these tires uses
                                                                                                       them exclusively in a single load                     BATO is exempted from the obligation
                                               was marked incorrectly on the subject                                                                         of providing notification of, and remedy
                                               tires. BATO specifically cited Michelin                 application. The subject tires are
                                                                                                       marked properly on the sidewall for                   for, the noncompliance.
                                               69 FR 62512; October 26, 2004, and
                                               Michelin 71 FR 77092; December 22,                      single load application and thus an end-                Authority: 49 U.S.C. 30118, 30120:
                                               2006.                                                   user would be able to load the vehicle                delegations of authority at 49 CFR 1.95 and
                                                  BATO concluded by expressing the                     properly. Therefore, NHTSA agrees that                501.8.
                                               belief that the subject noncompliance is                in this specific case, the noncompliance              Jeffrey M. Giuseppe,
                                               inconsequential as it relates to motor                  is inconsequential to safety.                         Director, Office of Vehicle Safety Compliance.
                                               vehicle safety, and that its petition to be                Second, approximately 10% of the
                                                                                                                                                             [FR Doc. 2017–06952 Filed 4–6–17; 8:45 am]
                                               exempted from providing notification of                 subject tires are used exclusively for off-
                                                                                                                                                             BILLING CODE 4910–59–P
                                               the noncompliance, as required by 49                    road forestry logging and oil site
                                               U.S.C. 30118, and a remedy for the                      exploration. In a letter dated July 25,
                                               noncompliance, as required by 49                        2011, NHTSA’s Office of Chief Counsel
                                                                                                                                                             DEPARTMENT OF TRANSPORTATION
                                               U.S.C. 30120, should be granted.                        communicated to the Michigan
                                                                                                       Association of Timbermen the                          National Highway Traffic Safety
                                               NHTSA’s Decision                                        following: ‘‘NHTSA has issued several                 Administration
                                                 NHTSA’s Analysis: NHTSA agrees                        interpretations of this language. We
                                               that the noncompliance is                               have stated that vehicles equipped with               [Docket No. NHTSA- 2016–0130; Notice 1]
                                               inconsequential to motor vehicle safety.                tracks, agricultural equipment, and
                                               However, NHTSA has some reservations                    other vehicles incapable of highway                   Notice of Receipt of Petition for
                                               about BATO’s petition. NHTSA’s                          travel are not motor vehicles. We have                Decision That Nonconforming Model
                                               analysis of BATO’s points are described                 also determined that certain vehicles                 Year 2014 EMU Camper Trailer 4x4
nlaroche on DSK30NT082PROD with NOTICES




                                               below:                                                  designed and sold solely for off-road use             Extreme Adventure Trailers Are
                                                 BATO asserted that NHTSA has                          (e.g., airport runway vehicles and                    Eligible for Importation
                                               previously granted inconsequential                      underground mining vehicles) are not                  AGENCY:  National Highway Traffic
                                               noncompliance petitions that are similar                motor vehicles, even if they may be                   Safety Administration (NHTSA),
                                               to the subject noncompliance. NHTSA                     operationally capable of highway                      Department of Transportation (DOT).
                                               responds that those petitions are not                   travel.’’ In light of this, NHTSA agrees
                                                                                                                                                             ACTION: Receipt of petition.
                                               similar because they are cases involving                that in the case of the subject tires, the


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Document Created: 2017-04-06 23:49:51
Document Modified: 2017-04-06 23:49:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
FR Citation82 FR 17067 

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