[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 73005-73006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30562]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0143; Notice 2]


JCA Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Petition Grant.

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SUMMARY: JCA Corporation (JCA)\1\, has determined that certain Trail 
America brand Special Trailer ``ST'' tires that it imported failed to 
meet the requirements of 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. JCA has filed an appropriate report pursuant to 49 CFR 
Part 573, Defect and Noncompliance Responsibility and Reports (dated 
October 19, 2009).
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    \1\ JCA Corporation (JCA) is a State of Washington corporation 
that imports replacement motor vehicle equipment.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), JCA 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 JCA's petition was published, with a 30-day 
public comment period, on November 9, 2010, in the Federal Register (75 
FR 68854). 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-2010-0143.''
    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.
    JCA estimates that approximately 899,804 Trail America brand 
Special Trailer ``ST'' tires that were

[[Page 73006]]

manufactured from January 1, 2008, through October 15, 2009, by Tianjin 
Kings Glory Tire Company, LTD. of Qiaosandao, Yangliuqing, Xiqing 
Tianjin, China 300380, and imported by JCA are affected.
    JCA states that the noncompliance is that the maximum single load 
labeling and maximum inflation pressures on the sidewalls of the tires 
are in English units of ``lb'' and ``psi'' only; no Metric units are 
included as required by paragraph S6.5(d) of FMVSS No. 119.
    JCA explained that no property damage or accidents have been 
reported to it or its customers as a result of the subject 
noncompliance.
    JCA further explains that it has taken steps to correct the 
noncompliance in future production.
    JCA also states that it believes the noncompliance is 
inconsequential to motor vehicle safety because the affected tires 
fulfill all other relevant requirements of FMVSS No. 119.
    In summation, JCA believes that the described noncompliance is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt it from providing recall notification of noncompliance as 
required by 49 U.S.C. 30118 and remedying the recall noncompliance as 
required by 49 U.S.C. 30120, should be granted.
    NHTSA Decision: The agency agrees with JCA 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 English units, 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.
    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 899,804 \2\ tires that JCA no longer controlled at 
the time that it determined that a noncompliance existed in the subject 
tires.
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    \2\ JCA's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt JCA as a manufacturer from the 
notification and recall responsibilities of 49 CFR Part 573 for 
899,804 of the affected tires. However, the decision on this 
petition does not relieve 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 JCA notified them that 
the subject noncompliance existed.
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    In consideration of the foregoing, NHTSA has decided that JCA has 
met its burden of persuasion that the subject FMVSS No. 119 labeling 
noncompliances are inconsequential to motor vehicle safety. 
Accordingly, JCA'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: November 18, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-30562 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-59-P