
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]               
[Page 77873-77874]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-199]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0185; Notice 1]

 
China Manufacturers Alliance, LLC, Receipt of Petition for 
Decision of Inconsequential Noncompliance

    China Manufacturers Alliance, LLC (CMA), as importer of record for 
Dynacargo brand truck and bus radial tires manufactured by Shandong 
Jinyu Tyre Company Limited (Jinyu) has determined that certain tires 
manufactured during the period May 2007 through June 2008 do not fully 
comply with paragraph S6.5(d) of 49 CFR 571.119 (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. The affected tires were imported by CMA and sold to 
American Tire Distributors (ATD). CMA has filed an appropriate report 
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility 
and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), CMA has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of CMA's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 2,537 size 235/75R17.5/16 Dynacargo 
brand load range H truck and bus tires manufactured during the period 
May 2007 through June 2008 with DOT date codes in the range 1407 
through 2608. 1,153 \1\ of these tires are currently under

[[Page 77874]]

the control of ATD and 1,384 have been sold to consumers.
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    \1\ CMA's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt CMA as importer from the 
notification and recall responsibilities of 49 CFR Part 573 for all 
2,537 of the affected tires. However, the agency cannot relieve ATD 
as distributer of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce 
of the noncompliant tires currently under its control. Those tires 
must be brought into conformance, exported, or destroyed.
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    Paragraph S6.5(d) of 49 CFR 571.119 requires in pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information specified 
in paragraphs (a) through (j) of this section. The markings shall be 
placed between the maximum section width (exclusive of sidewall 
decorations or curb ribs) and the bead on at least one sidewall, 
unless the maximum section width of the tire is located in an area 
which is not more than one-fourth of the distance from the bead to 
the shoulder of the tire. If the maximum section width falls within 
that area, the markings shall appear between the bead and a point 
one-half the distance from the bead to the shoulder of the tire, on 
at least one sidewall. The markings shall be in letters and numerals 
not less than 2 mm (0.078 inch) high and raised above or sunk below 
the tire surface not less that 0.4 mm (0.015 inch), except that the 
marking depth shall be not less than 0.25mm (0.010 inch) in the case 
of motorcycle tires. The tire identification and the DOT symbol 
labeling shall comply with part 574 of this chapter. Markings may 
appear on only one sidewall and the entire sidewall area may be used 
in the case of motorcycle tires and recreational, boat, baggage, and 
special trailer tires* * *
    (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 ---- kPa (---- 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.

    CMA explained that the subject tires are marketed with the correct 
maximum load rating and corresponding inflation pressure in both 
English and Metric units. The affected tires have English units on one 
sidewall and Metric units on the other sidewall. The noncompliance 
being that both English and Metric units do not both appear on each 
sidewall.
    CMA stated that it believes the noncompliance is inconsequential to 
motor vehicle safety because correct maximum load rating and 
corresponding inflation pressure information is marked on each tire in 
both English and Metric units. Therefore, that information is readily 
available to anyone who uses the tires.
    CMA requested that NHTSA consider its petition and grant an 
exemption from the recall requirements of the National Traffic and 
Motor Vehicle Safety Act on the basis that the noncompliance described 
above is inconsequential as it relates to motor vehicle safety.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: January 20, 2009.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: December 15, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-30136 Filed 12-18-08; 8:45 am]

BILLING CODE 4910-59-P
