
[Federal Register: April 7, 2010 (Volume 75, Number 66)]
[Notices]               
[Page 17826-17827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap10-126]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0185; Notice 2]

 
China Manufacturers Alliance, LLC, Grant 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. Notice of receipt of the petition was published, with a 30-day 
public comment period, on December 19, 2008, in the Federal Register 
(73 FR 77873). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System Web 
site at: http:// www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2008-0185.''
    For further information on this decision, contact Mr. George 
Gillespie, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5299, 
facsimile (202) 366-7002.
    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 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

[[Page 17827]]

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 0.25 mm (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 Decision

    The agency agrees with CMA that the noncompliance is 
inconsequential to motor vehicle safety. The agency believes that the 
true measure of inconsequentiality to motor vehicle safety in this case 
is that there is no effect on the operational safety of vehicles on 
which these tires are mounted.
    While the correct tire inflation pressure is included on the 
subject tire sidewalls, it is not marked in both English and Metric 
unit systems on each sidewall as required by S6.5(d). However, because 
the tire inflation pressure is available and stated correctly on each 
tire, in each unit system, albeit separately, it is unlikely that a 
consumer will not find or will misread pressure units due to the 
noncompliance. Therefore, the tires, as labeled, are likely to achieve 
the safety purpose of the standard. In the agency's judgment, the 
subject incorrect labeling of the tire inflation pressure information 
will have an inconsequential effect on motor vehicle safety.
    In consideration of the foregoing, NHTSA has decided that CMA has 
met its burden of persuasion that the subject FMVSS No. 119 labeling 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
CMA's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the subject 
noncompliance under 49 U.S.C. 30118 and 30120.

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

    Issued on: April 1, 2010.
Claude Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-7866 Filed 4-6-10; 8:45 am]
BILLING CODE 4910-59-P

