83_FR_13060 83 FR 13002 - Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision of Inconsequential Noncompliance

83 FR 13002 - Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 58 (March 26, 2018)

Page Range13002-13004
FR Document2018-05983

Sumitomo Rubber Industries, Ltd. (SRI), on behalf of itself and its subsidiary Sumitomo Rubber North America, Inc. (SRNA), have determined that certain Falken 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. SRI filed a noncompliance report dated June 20, 2017. SRI also petitioned NHTSA on July 10, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 83 Issue 58 (Monday, March 26, 2018)
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 13002-13004]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05983]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0071; Notice 2]


Sumitomo Rubber Industries, Ltd., Grant of Petition for Decision 
of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: Sumitomo Rubber Industries, Ltd. (SRI), on behalf of itself 
and its subsidiary Sumitomo Rubber North America, Inc. (SRNA), have 
determined that certain Falken 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. SRI filed a noncompliance report dated 
June 20, 2017. SRI also petitioned NHTSA on July 10, 2017, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety.

FOR FURTHER INFORMATION 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: SRI, on behalf of itself and its subsidiary SRNA, have 
determined that certain Falken truck tires do not fully comply with 
paragraph S6.5(f) of FMVSS No. 119, New Pneumatic Tires for Motor 
Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and 
Motorcycles (49 CFR 571.119). SRI filed a noncompliance report dated 
June 20, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. SRI also petitioned NHTSA on July 10, 2017, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 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 September 22, 2017, in the Federal Register 
(82 FR 44488). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) website at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2017-0071.''
    II. Tires Involved: Approximately 5,408 Falken truck tires (Model 
RI151), size 225/70R19.5, manufactured between October 17, 2016, and 
April 28, 2017, are potentially involved.
    III. Noncompliance: SRI explains that the noncompliance is that the 
number of plies indicated on the sidewall of the subject tires do not 
match the actual number of plies in the tire construction, and 
therefore, do not meet all applicable requirements specified in 
paragraph S6.5(f) of FMVSS No. 119. Specifically, the tires are marked 
with ``TREAD 5 PLIES STEEL'' whereas the correct marking should be 
``TREAD 4 PLIES STEEL.''
    IV. Rule Requirements: Paragraph S6.5 of FMVSS No. 119, titled 
``Tire Markings'' includes the requirements relevant to this petition:
     Each tire shall be marked on each sidewall with the 
information specified in paragraphs (a) through (j) of paragraph S6.5.
     The actual number of plies and the composition of the ply 
cord material in the sidewall and, if different, in the tread area.
    V. Summary of SRI's Petition: As background, On June 12, 2017, SRI 
discovered that a population of 5,408 Falken brand truck tires, Model 
RI151, size 225/70Rl9.5 128/126L, manufactured from October 17, 2016 
through April 28, 2017 at the company's plant in Miyazaki, Japan, were 
marked with the incorrect number of plies. On July 13, 2017, SRNA was 
informed of the marking error, shipments of the subject tires were 
halted, and the company determined that the subject tires failed to 
comply with the tire labeling requirements of Federal motor vehicle 
safety standard (FMVSS) No. 119, S6.5. Specifically, the subject tires 
were incorrectly marked ``TREAD 5 PLIES STEEL,'' although they should 
have been marked ``TREAD 4 PLIES

[[Page 13003]]

STEEL.'' Accordingly, these tires do not conform to the marking 
requirements of FMVSS No. 119, S6.5. The subject tires comply with the 
performance requirements and other marking requirements of FMVSS No. 
119.
    SRI submitted a Part 573 noncompliance report on June 20, 2017. 
NHTSA Recall No. l7T-012. SRI corrected the production molds. SRI began 
manufacturing correct versions of these tires on June 17, 2017.
    SRI described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, SRI submitted the following reasoning:
    Under the Safety Act, each Federal motor vehicle safety standard 
promulgated by the National Highway Traffic Safety Administration 
(NHTSA) must be ``practicable, meet the need for motor vehicle safety, 
and be stated in objective terms.'' 49 U.S.C. 3011l(a). The Safety Act 
defines ``motor vehicle safety'' as:

``the performance of a motor vehicle or motor vehicle equipment in a 
way that protects the public against unreasonable risk of accidents 
occurring because of the design, construction or performance of a 
motor vehicle, and against unreasonable risk of death or injury in 
an accident, and includes nonoperational safety of a motor 
vehicle.''

49 U.S.C. 30102(a)(8) (emphasis added).
    The Safety Act exempts manufacturers from the Safety Act's notice 
and remedy requirements when the Secretary of Transportation determines 
that a defect or noncompliance is inconsequential as it relates to 
motor vehicle safety. See 49 U.S.C. 30118(d). Section 30118(d) 
demonstrates Congress's acknowledgment that there are cases where a 
manufacturer has failed to comply with a safety standard, yet the 
impact on motor vehicle safety is so slight that an exemption from the 
notice and remedy requirements of the Safety Act is justified. NHTSA 
has stated that the relevant consideration in evaluating an 
inconsequentiality petition is ``whether an occupant who is affected by 
the noncompliance is likely to be exposed to a significantly greater 
risk than an occupant in a compliant vehicle.'' 69 FR 19897, 19900 
(April 14, 2004) (emphasis added).
    In the context of tires specifically, the agency has similarly 
stated that it ``believes that one measure of inconsequentiality to 
motor vehicle safety is that there is no effect of the noncompliance on 
the operational safety of vehicles on which the tires are mounted. 
Another measure of inconsequentiality . . . is the safety of people 
working in the tire retread, repair and recycling industries.'' See 72 
FR 18210 (April 17, 2017) (granting petition for determination of 
inconsequential noncompliance with respect to SRI tires marked with the 
incorrect number of plies).
    We believe the labeling noncompliance at issue here is 
inconsequential to motor vehicle safety. The subject Falken tires were 
manufactured as designed and meet or exceed all applicable FMVSS No. 
119 performance standards. Furthermore, all of the sidewall markings 
related to tire service (load capacity, corresponding inflation 
pressure, etc.) are correct and the tires correctly show that they 
contain steel plies. SRI does not believe the mislabeling of these 
tires presents a safety concern for consumers or retreading and 
recycling personnel. As noted above, the affected tire mold has been 
corrected and tires produced on and after June 17, 2017, are marked 
with the correct number of plies.
    NHTSA has previously granted petitions involving similar 
noncompliances. In the most recent of these, the agency explained:

    ``Although tire construction affects the strength and durability 
of tires, neither the agency nor the tire industry provides 
information relating tire strength and durability to the number of 
plies and types of ply cord material in the tread sidewall. 
Therefore, tire dealers and customers should consider the tire 
construction information along with other information such as the 
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 number of plies in a tire.''

See 82 FR 18210 (April 17, 2017).
    Regarding potential safety risks to the tire service industry, the 
agency concluded that a misstatement of the number of plies ``will have 
no measurable effect on the safety of the tire retread, repair, and 
recycling industries. The use of steel cord construction in the 
sidewall and tread is the primary safety concern of these industries. 
In this case, because the sidewall markings indicate that some steel 
plies exist in the tire sidewall, this potential safety concern does 
not exist.'' As noted above, the markings on the subject tires 
correctly indicate that they contain steel plies (although the number 
is misstated as 5 instead of 4).
    NHTSA also granted similar petitions involving tires manufactured 
by Cooper Tire and SRI (Dunlop). See 74 FR 10804 (March 12, 2009) 
(granting petition submitted by SRI where tires were labeled ``Tread 3 
Polyester + 2 Steel,'' whereas the correct marking should have been 
``Tread 2 Polyester + 2 Steel+ 2 Polyester''); and 82 FR 17075 (April 
7, 2017) (granting petition submitted by Cooper Tire & Rubber Company 
where tires were marked ``TREAD 1 PLY NYLON + 2 PLY STEEL + 2 PLY 
POLYESTER,'' whereas the correct marking should have been ``TREAD 1 PLY 
NYLON + 2 PLY STEEL + 1 PLY POLYESTER.''
    SRI is not aware of any warranty claims, field reports, customer 
complaints, legal claims, or any incidents or injuries related to the 
subject condition.
    SRI 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: The agency agrees with SRI that the noncompliance 
is inconsequential to motor vehicle safety. The agency believes that 
one measure of inconsequentiality to motor vehicle safety is that there 
is no effect of the noncompliance on the operational safety of vehicles 
on which these tires are mounted. Another measure of inconsequentiality 
which is relevant to this petition is the safety of people working in 
the tire retread, repair and recycling industries.
    Although tire construction affects the strength and durability of 
tires, neither the agency nor the tire industry provides information 
relating tire strength and durability to the number of plies and types 
of ply cord material in the tread sidewall. Therefore, tire dealers and 
customers should consider the tire construction information along with 
other information such as the load capacity, maximum inflation 
pressure, 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 number of plies in a tire.
    The agency also believes the noncompliance will have no measureable 
effect on the safety of the tire retread, repair, and recycling 
industries. The use of steel cord

[[Page 13004]]

construction in the sidewall and tread is the primary safety concern of 
these industries. In this case, because of the sidewall marking 
indicate that some steel plies exist in the tire sidewall, this 
potential safety concern does not exist.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that SRI has met its burden of persuasion that the subject FMVSS No. 
119 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, SRI's petition is hereby granted and SRI 
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 SRI 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 SRI 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

Claudia Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-05983 Filed 3-23-18; 8:45 am]
 BILLING CODE 4910-59-P



                                                13002                         Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices

                                                proposed transaction would allow for                    Avenue SE, Washington, DC 20590; (2)                  petitioned NHTSA on July 10, 2017,
                                                more efficient and productive                           the U.S. Department of Justice, Antitrust             pursuant to 49 U.S.C. 30118(d) and
                                                management, modernizations of both                      Division, 10th Street & Pennsylvania                  30120(h) and 49 CFR part 556, for an
                                                rolling stock and maintenance                           Avenue NW, Washington, DC 20530;                      exemption from the notification and
                                                equipment, and consolidation of debt                    and (3) the U.S. Department of                        remedy requirements of 49 U.S.C.
                                                structures. TranSouth states that the                   Transportation, Office of the General                 Chapter 301 on the basis that this
                                                transaction would result in better                      Counsel, 1200 New Jersey Avenue SE,                   noncompliance is inconsequential as it
                                                service and savings in fares to the                     Washington, DC 20590.                                 relates to motor vehicle safety.
                                                public. Also, TranSouth states that the                   Decided: March 20, 2018.
                                                                                                                                                                 Notice of receipt of the petition was
                                                proposed transaction would allow both                                                                         published, with a 30-day public
                                                                                                          By the Board, Board Members Begeman
                                                companies to serve and expand their                     and Miller.
                                                                                                                                                              comment period, on September 22,
                                                customer bases, thereby increasing the                                                                        2017, in the Federal Register (82 FR
                                                                                                        Jeffrey Herzig,
                                                number of their employees in operations                                                                       44488). No comments were received. To
                                                                                                        Clearance Clerk.                                      view the petition and all supporting
                                                and maintenance.
                                                   TranSouth further asserts that the                   [FR Doc. 2018–06050 Filed 3–23–18; 8:45 am]           documents log onto the Federal Docket
                                                proposed transaction would not                          BILLING CODE 4915–01–P                                Management System (FDMS) website at:
                                                adversely affect competition or the                                                                           http://www.regulations.gov/. Then
                                                public interest. According to TranSouth,                                                                      follow the online search instructions to
                                                its and C&H’s service areas include the                 DEPARTMENT OF TRANSPORTATION                          locate docket number ‘‘NHTSA–2017–
                                                following: The entire Middle Georgia                                                                          0071.’’
                                                area; the cities of Macon, Savannah,                    National Highway Traffic Safety                          II. Tires Involved: Approximately
                                                Valdosta, Cordele, Forsyth, and Dublin;                 Administration                                        5,408 Falken truck tires (Model RI151),
                                                and the southern area of suburban                       [Docket No. NHTSA–2017–0071; Notice 2]                size 225/70R19.5, manufactured
                                                Atlanta (the Service Area). TranSouth                                                                         between October 17, 2016, and April 28,
                                                states that competition is robust with at               Sumitomo Rubber Industries, Ltd.,                     2017, are potentially involved.
                                                least eight other companies providing                   Grant of Petition for Decision of                        III. Noncompliance: SRI explains that
                                                motor coach passenger services within a                 Inconsequential Noncompliance                         the noncompliance is that the number of
                                                50-mile radius of the Service Area. Also,                                                                     plies indicated on the sidewall of the
                                                                                                        AGENCY: National Highway Traffic                      subject tires do not match the actual
                                                TranSouth states that the Atlanta                       Safety Administration (NHTSA),
                                                metropolitan area is within 80 miles of                                                                       number of plies in the tire construction,
                                                                                                        Department of Transportation (DOT).                   and therefore, do not meet all applicable
                                                the Service Area and has numerous
                                                                                                        ACTION: Grant of petition.                            requirements specified in paragraph
                                                entities that compete with both
                                                TranSouth and C&H.                                                                                            S6.5(f) of FMVSS No. 119. Specifically,
                                                                                                        SUMMARY:   Sumitomo Rubber Industries,
                                                   On the basis of the application, the                                                                       the tires are marked with ‘‘TREAD 5
                                                                                                        Ltd. (SRI), on behalf of itself and its
                                                Board finds that the proposed                                                                                 PLIES STEEL’’ whereas the correct
                                                                                                        subsidiary Sumitomo Rubber North
                                                acquisition of control is consistent with                                                                     marking should be ‘‘TREAD 4 PLIES
                                                                                                        America, Inc. (SRNA), have determined
                                                the public interest and should be                                                                             STEEL.’’
                                                                                                        that certain Falken truck tires do not                   IV. Rule Requirements: Paragraph
                                                tentatively approved and authorized. If                 fully comply with Federal Motor
                                                any opposing comments are timely                                                                              S6.5 of FMVSS No. 119, titled ‘‘Tire
                                                                                                        Vehicle Safety Standard (FMVSS) No.                   Markings’’ includes the requirements
                                                filed, these findings will be deemed                    119, New Pneumatic Tires for Motor
                                                vacated, and, unless a final decision can                                                                     relevant to this petition:
                                                                                                        Vehicles with a GVWR of more than                        • Each tire shall be marked on each
                                                be made on the record as developed, a                   4,536 kilograms (10,000 pounds) and
                                                procedural schedule will be adopted to                                                                        sidewall with the information specified
                                                                                                        Motorcycles. SRI filed a noncompliance                in paragraphs (a) through (j) of
                                                reconsider the application. See 49 CFR                  report dated June 20, 2017. SRI also
                                                1182.6(c). If no opposing comments are                                                                        paragraph S6.5.
                                                                                                        petitioned NHTSA on July 10, 2017, for                   • The actual number of plies and the
                                                filed by the expiration of the comment                  a decision that the subject                           composition of the ply cord material in
                                                period, this notice will take effect                    noncompliance is inconsequential as it                the sidewall and, if different, in the
                                                automatically and will be the final                     relates to motor vehicle safety.                      tread area.
                                                Board action.                                           FOR FURTHER INFORMATION CONTACT:                         V. Summary of SRI’s Petition: As
                                                   This action is categorically excluded
                                                                                                        Abraham Diaz, Office of Vehicle Safety                background, On June 12, 2017, SRI
                                                from environmental review under 49
                                                                                                        Compliance, the National Highway                      discovered that a population of 5,408
                                                CFR 1105.6(c).
                                                   Board decisions and notices are                      Traffic Safety Administration (NHTSA),                Falken brand truck tires, Model RI151,
                                                available on our website at                             telephone (202) 366–5310, facsimile                   size 225/70Rl9.5 128/126L,
                                                WWW.STB.GOV.                                            (202) 366–5930.                                       manufactured from October 17, 2016
                                                   It is ordered:                                       SUPPLEMENTARY INFORMATION:                            through April 28, 2017 at the company’s
                                                   1. The proposed transaction is                          I. Overview: SRI, on behalf of itself              plant in Miyazaki, Japan, were marked
                                                approved and authorized, subject to the                 and its subsidiary SRNA, have                         with the incorrect number of plies. On
                                                filing of opposing comments.                            determined that certain Falken truck                  July 13, 2017, SRNA was informed of
                                                   2. If opposing comments are timely                   tires do not fully comply with paragraph              the marking error, shipments of the
                                                filed, the findings made in this notice                 S6.5(f) of FMVSS No. 119, New                         subject tires were halted, and the
                                                                                                        Pneumatic Tires for Motor Vehicles with               company determined that the subject
sradovich on DSK3GMQ082PROD with NOTICES




                                                will be deemed vacated.
                                                   3. This notice will be effective May                 a GVWR of more than 4,536 kilograms                   tires failed to comply with the tire
                                                11, 2018, unless opposing comments are                  (10,000 pounds) and Motorcycles (49                   labeling requirements of Federal motor
                                                filed by May 10, 2018.                                  CFR 571.119). SRI filed a                             vehicle safety standard (FMVSS) No.
                                                   4. A copy of this notice will be served              noncompliance report dated June 20,                   119, S6.5. Specifically, the subject tires
                                                on: (1) The U.S. Department of                          2017, pursuant to 49 CFR part 573,                    were incorrectly marked ‘‘TREAD 5
                                                Transportation, Federal Motor Carrier                   Defect and Noncompliance                              PLIES STEEL,’’ although they should
                                                Safety Administration, 1200 New Jersey                  Responsibility and Reports. SRI also                  have been marked ‘‘TREAD 4 PLIES


                                           VerDate Sep<11>2014   16:38 Mar 23, 2018   Jkt 244001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\26MRN1.SGM   26MRN1


                                                                              Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices                                              13003

                                                STEEL.’’ Accordingly, these tires do not                people working in the tire retread,                   submitted by SRI where tires were
                                                conform to the marking requirements of                  repair and recycling industries.’’ See 72             labeled ‘‘Tread 3 Polyester + 2 Steel,’’
                                                FMVSS No. 119, S6.5. The subject tires                  FR 18210 (April 17, 2017) (granting                   whereas the correct marking should
                                                comply with the performance                             petition for determination of                         have been ‘‘Tread 2 Polyester + 2 Steel+
                                                requirements and other marking                          inconsequential noncompliance with                    2 Polyester’’); and 82 FR 17075 (April 7,
                                                requirements of FMVSS No. 119.                          respect to SRI tires marked with the                  2017) (granting petition submitted by
                                                  SRI submitted a Part 573                              incorrect number of plies).                           Cooper Tire & Rubber Company where
                                                noncompliance report on June 20, 2017.                    We believe the labeling                             tires were marked ‘‘TREAD 1 PLY
                                                NHTSA Recall No. l7T–012. SRI                           noncompliance at issue here is                        NYLON + 2 PLY STEEL + 2 PLY
                                                corrected the production molds. SRI                     inconsequential to motor vehicle safety.              POLYESTER,’’ whereas the correct
                                                began manufacturing correct versions of                 The subject Falken tires were                         marking should have been ‘‘TREAD 1
                                                these tires on June 17, 2017.                           manufactured as designed and meet or                  PLY NYLON + 2 PLY STEEL + 1 PLY
                                                  SRI described the subject                             exceed all applicable FMVSS No. 119                   POLYESTER.’’
                                                noncompliance and stated its belief that                performance standards. Furthermore, all                  SRI is not aware of any warranty
                                                the noncompliance is inconsequential                    of the sidewall markings related to tire              claims, field reports, customer
                                                as it relates to motor vehicle safety.                  service (load capacity, corresponding                 complaints, legal claims, or any
                                                  In support of its petition, SRI                       inflation pressure, etc.) are correct and             incidents or injuries related to the
                                                submitted the following reasoning:                      the tires correctly show that they                    subject condition.
                                                  Under the Safety Act, each Federal                    contain steel plies. SRI does not believe                SRI concluded by expressing the
                                                motor vehicle safety standard                           the mislabeling of these tires presents a             belief that the subject noncompliance is
                                                promulgated by the National Highway                     safety concern for consumers or                       inconsequential as it relates to motor
                                                Traffic Safety Administration (NHTSA)                   retreading and recycling personnel. As                vehicle safety, and that its petition to be
                                                must be ‘‘practicable, meet the need for                noted above, the affected tire mold has               exempted from providing notification of
                                                motor vehicle safety, and be stated in                  been corrected and tires produced on                  the noncompliance, as required by 49
                                                objective terms.’’ 49 U.S.C. 3011l(a). The              and after June 17, 2017, are marked with              U.S.C. 30118, and a remedy for the
                                                Safety Act defines ‘‘motor vehicle                      the correct number of plies.                          noncompliance, as required by 49
                                                safety’’ as:                                              NHTSA has previously granted                        U.S.C. 30120, should be granted.
                                                ‘‘the performance of a motor vehicle or motor           petitions involving similar                           NHTSA’S Decision
                                                vehicle equipment in a way that protects the            noncompliances. In the most recent of
                                                public against unreasonable risk of accidents           these, the agency explained:                             NHTSA’S Analysis: The agency agrees
                                                occurring because of the design, construction                                                                 with SRI that the noncompliance is
                                                or performance of a motor vehicle, and                     ‘‘Although tire construction affects the           inconsequential to motor vehicle safety.
                                                against unreasonable risk of death or injury            strength and durability of tires, neither the
                                                                                                                                                              The agency believes that one measure of
                                                in an accident, and includes nonoperational             agency nor the tire industry provides
                                                                                                        information relating tire strength and                inconsequentiality to motor vehicle
                                                safety of a motor vehicle.’’                                                                                  safety is that there is no effect of the
                                                                                                        durability to the number of plies and types
                                                49 U.S.C. 30102(a)(8) (emphasis added).                 of ply cord material in the tread sidewall.           noncompliance on the operational
                                                   The Safety Act exempts                               Therefore, tire dealers and customers should          safety of vehicles on which these tires
                                                manufacturers from the Safety Act’s                     consider the tire construction information            are mounted. Another measure of
                                                notice and remedy requirements when                     along with other information such as the load         inconsequentiality which is relevant to
                                                the Secretary of Transportation                         capacity, maximum inflation pressure, and             this petition is the safety of people
                                                determines that a defect or                             tread wear, temperature, and traction ratings,
                                                                                                        to assess performance capabilities of various
                                                                                                                                                              working in the tire retread, repair and
                                                noncompliance is inconsequential as it                  tires. In the agency’s judgement, the incorrect       recycling industries.
                                                relates to motor vehicle safety. See 49                 labeling of the tire construction information            Although tire construction affects the
                                                U.S.C. 30118(d). Section 30118(d)                       will have an inconsequential effect on motor          strength and durability of tires, neither
                                                demonstrates Congress’s                                 vehicle safety because most consumers do              the agency nor the tire industry
                                                acknowledgment that there are cases                     not base tire purchases or vehicle operation          provides information relating tire
                                                where a manufacturer has failed to                      parameters on the number of plies in a tire.’’        strength and durability to the number of
                                                comply with a safety standard, yet the                  See 82 FR 18210 (April 17, 2017).                     plies and types of ply cord material in
                                                impact on motor vehicle safety is so                       Regarding potential safety risks to the            the tread sidewall. Therefore, tire
                                                slight that an exemption from the notice                tire service industry, the agency                     dealers and customers should consider
                                                and remedy requirements of the Safety                   concluded that a misstatement of the                  the tire construction information along
                                                Act is justified. NHTSA has stated that                 number of plies ‘‘will have no                        with other information such as the load
                                                the relevant consideration in evaluating                measurable effect on the safety of the                capacity, maximum inflation pressure,
                                                an inconsequentiality petition is                       tire retread, repair, and recycling                   tread wear, temperature, and traction
                                                ‘‘whether an occupant who is affected                   industries. The use of steel cord                     ratings, to assess performance
                                                by the noncompliance is likely to be                    construction in the sidewall and tread is             capabilities of various tires. In the
                                                exposed to a significantly greater risk                 the primary safety concern of these                   agency’s judgement, the incorrect
                                                than an occupant in a compliant                         industries. In this case, because the                 labeling of the tire construction
                                                vehicle.’’ 69 FR 19897, 19900 (April 14,                sidewall markings indicate that some                  information will have an
                                                2004) (emphasis added).                                 steel plies exist in the tire sidewall, this          inconsequential effect on motor vehicle
                                                   In the context of tires specifically, the            potential safety concern does not exist.’’            safety because most consumers do not
                                                agency has similarly stated that it
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        As noted above, the markings on the                   base tire purchases or vehicle operation
                                                ‘‘believes that one measure of                          subject tires correctly indicate that they            parameters on the number of plies in a
                                                inconsequentiality to motor vehicle                     contain steel plies (although the number              tire.
                                                safety is that there is no effect of the                is misstated as 5 instead of 4).                         The agency also believes the
                                                noncompliance on the operational                           NHTSA also granted similar petitions               noncompliance will have no
                                                safety of vehicles on which the tires are               involving tires manufactured by Cooper                measureable effect on the safety of the
                                                mounted. Another measure of                             Tire and SRI (Dunlop). See 74 FR 10804                tire retread, repair, and recycling
                                                inconsequentiality . . . is the safety of               (March 12, 2009) (granting petition                   industries. The use of steel cord


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                                                13004                         Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices

                                                construction in the sidewall and tread is               PHMSA invites comments on three                       service) of submitting comments to the
                                                the primary safety concern of these                     information collections that are due to               docket and ensuring their timely receipt
                                                industries. In this case, because of the                expire during the summer of 2018.                     at DOT.
                                                sidewall marking indicate that some                     PHMSA will request an extension with                  FOR FURTHER INFORMATION CONTACT:
                                                steel plies exist in the tire sidewall, this            no change for the information                         Angela Dow by telephone at 202–366–
                                                potential safety concern does not exist.                collections identified by OMB control                 1246, by fax at 202–366–4566, or by
                                                   NHTSA’S Decision: In consideration                   numbers 2137–0048, 2137–0600, and                     mail at DOT, PHMSA, 1200 New Jersey
                                                of the foregoing, NHTSA finds that SRI                  2137–0618.                                            Avenue SE, PHP–30, Washington, DC
                                                has met its burden of persuasion that                   DATES: Interested persons are invited to              20590–0001.
                                                the subject FMVSS No. 119                               submit comments on or before May 25,                  SUPPLEMENTARY INFORMATION: Section
                                                noncompliance in the affected tires is                  2018.                                                 1320.8(d), Title 5, Code of Federal
                                                inconsequential to motor vehicle safety.                ADDRESSES: Comments may be                            Regulations, requires PHMSA to provide
                                                Accordingly, SRI’s petition is hereby                   submitted in the following ways:                      interested members of the public and
                                                granted and SRI is consequently                            E-Gov website: http://                             affected agencies an opportunity to
                                                exempted from the obligation of                         www.regulations.gov. This site allows                 comment on information collection and
                                                providing notification of, and a free                   the public to enter comments on any                   recordkeeping requests. This notice
                                                remedy for, that noncompliance under                    Federal Register notice issued by any                 identifies three information collection
                                                49 U.S.C. 30118 and 30120.                              agency.                                               requests that PHMSA will submit to
                                                   NHTSA notes that the statutory                          Fax: 1–202–493–2251.                               OMB for renewal. The following
                                                provisions (49 U.S.C. 30118(d) and                         Mail: Docket Management Facility;                  information is provided for each
                                                30120(h)) that permit manufacturers to                  U.S. Department of Transportation                     information collection: (1) Title of the
                                                file petitions for a determination of                   (DOT), 1200 New Jersey Avenue SE,                     information collection; (2) OMB control
                                                inconsequentiality allow NHTSA to                       West Building, Room W12–140,                          number; (3) Current expiration date; (4)
                                                exempt manufacturers only from the                      Washington, DC 20590–0001.                            Type of request; (5) Abstract of the
                                                duties found in sections 30118 and                         Hand Delivery: Room W12–140 on the                 information collection activity; (6)
                                                30120, respectively, to notify owners,                  ground level of DOT, West Building,                   Description of affected public; (7)
                                                purchasers, and dealers of a defect or                  1200 New Jersey Avenue SE,                            Estimate of total annual reporting and
                                                noncompliance and to remedy the                         Washington, DC, between 9:00 a.m. and                 recordkeeping burden; and (8)
                                                defect or noncompliance. Therefore, this                5:00 p.m., Monday through Friday,                     Frequency of collection. PHMSA will
                                                decision only applies to the subject tires              except Federal holidays.                              request a three-year term of approval for
                                                that SRI no longer controlled at the time                  Instructions: Identify the Docket No.              each information collection activity.
                                                it determined that the noncompliance                    PHMSA–2018–0021, at the beginning of                  PHMSA requests comments on the
                                                existed. However, the granting of this                  your comments. Note that all comments                 following information collections:
                                                petition does not relieve equipment                     received will be posted without change                   1. Title: Recordkeeping Requirements
                                                distributors and dealers of the                         to http://www.regulations.gov, including              for Liquefied Natural Gas (LNG)
                                                prohibitions on the sale, offer for sale,               any personal information provided.                    Facilities.
                                                or introduction or delivery for                            Privacy Act Statement: DOT may                        OMB Control Number: 2137–0048.
                                                introduction into interstate commerce of                solicit comments from the public                         Current Expiration Date: 06/30/2018.
                                                the noncompliant tires under their                      regarding certain general notices. DOT                   Type of Request: Renewal with no
                                                control after SRI notified them that the                posts these comments, without edit,                   change of a currently approved
                                                subject noncompliance existed.                          including any personal information the                information collection.
                                                  Authority: 49 U.S.C. 30118, 30120:                    commenter provides, to                                   Abstract: LNG facility owners and
                                                Delegations of authority at 49 CFR 1.95 and             www.regulations.gov, as described in                  operators are required to maintain
                                                501.8                                                   the system of records notice (DOT/ALL–                records, make reports, and provide
                                                Claudia Covell,                                         14 FDMS), which can be reviewed at                    information to the Secretary of
                                                                                                        www.dot.gov/privacy.                                  Transportation at the Secretary’s
                                                Acting Director, Office of Vehicle Safety
                                                Compliance.
                                                                                                           Docket: For access to the docket or to             request.
                                                                                                        read background documents or                             Affected Public: Owners and
                                                [FR Doc. 2018–05983 Filed 3–23–18; 8:45 am]
                                                                                                        comments, go to http://                               Operators of Liquefied Natural Gas
                                                BILLING CODE 4910–59–P
                                                                                                        www.regulations.gov at any time or to                 Facilities.
                                                                                                        Room W12–140 on the ground level of                      Annual Reporting and Recordkeeping
                                                DEPARTMENT OF TRANSPORTATION                            DOT, West Building, 1200 New Jersey                   Burden:
                                                                                                        Avenue SE, Washington, DC, between                       Estimated Number of Responses: 101.
                                                Pipeline and Hazardous Materials                        9:00 a.m. and 5:00 p.m., Monday                          Estimated Annual Burden Hours:
                                                Safety Administration                                   through Friday, except Federal holidays.              12,120.
                                                                                                        If you wish to receive confirmation of                   Frequency of Collection: On occasion.
                                                [Docket No. PHMSA–2018–0021]                            receipt of your written comments,                        2. Title: Qualification of Pipeline
                                                                                                        please include a self-addressed,                      Safety Training.
                                                Pipeline Safety: Information Collection
                                                                                                        stamped postcard with the following                      OMB Control Number: 2137–0600.
                                                Activities
                                                                                                        statement: ‘‘Comments on Docket No.                      Current Expiration Date: 07/31/2018.
                                                                                                        PHMSA–2018–0021.’’ The Docket Clerk                      Type of Request: Renewal with no
sradovich on DSK3GMQ082PROD with NOTICES




                                                AGENCY: Pipeline and Hazardous
                                                Materials Safety Administration                         will date stamp the postcard prior to                 change of a currently approved
                                                (PHMSA), DOT.                                           returning it to you via the U.S. mail.                information collection.
                                                ACTION: Notice and request for                          Please note that due to delays in the                    Abstract: All individuals responsible
                                                comments.                                               delivery of U.S. mail to Federal offices              for the operation and maintenance of
                                                                                                        in Washington, DC, we recommend that                  pipeline facilities are required to be
                                                SUMMARY: In accordance with the                         persons consider an alternative method                properly qualified to safely perform
                                                Paperwork Reduction Act of 1995,                        (internet, fax, or professional delivery              their tasks. 49 CFR 192.807 requires


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Document Created: 2018-03-24 00:59:50
Document Modified: 2018-03-24 00:59:50
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.
ContactAbraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5310, facsimile (202) 366-5930.
FR Citation83 FR 13002 

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