[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37957-37958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15396]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0073; Notice 1]


Guizhou Tyre Corporation; Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: GTC North America, Inc., on behalf of Guizhou Tyre I/E Co. LTD 
(collectively referred to as ``GTC'') has determined that certain 
Samson and Advance brand ST trailer Tires, do not fully comply with 
paragraph S6.5 (j) 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. GTC has filed an 
appropriate report dated March 22, 2012, 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), GTC submitted a petition 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.

[[Page 37958]]

    This notice of receipt of GTC'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.
    Equipment involved: Affected are approximately 4,291 size ST235/
85R16/14 ply Samson and Advance brand ST Trailer Tires manufactured 
from December 4, 2011 through March 31, 2012.
    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, these provisions 
only apply to the subject 4,291 \1\ tires that GTC no longer controlled 
at the time it determined that the noncompliance existed.
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    \1\ Guizhou Tyre Corporation's (GTC) petition, which was filed 
under 49 CFR Part 556, requests an agency decision to exempt GTC as 
a tire manufacturer from the notification and recall 
responsibilities of 49 CFR Part 573 for the 4,291 affected tires. 
However, a decision on this petition will not relieve equipment 
distributors and dealers of the prohibitions on the sale, offer for 
sale, introduction or delivery for introduction into interstate 
commerce of the noncompliant tires under their control after GTC 
notified them that the subject noncompliance existed.
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    Noncompliance: GTC explains that the noncompliance is that, due to 
a mold labeling error, the sidewall marking on the tires incorrectly 
identifies the Load Range as ``F'' when in fact it should be ``G''.
    Rule text: Paragraph S6.5(j) of FMVSS No. 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 than 0.4mm (0.015 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 * * *

    (j) The letter designating the tire load range.

Summary of GTC's Analysis and Arguments

    GTC states that while the tire sidewall labeling incorrectly 
identifies the Load Range as ``F'' when in fact it should be identified 
as ``G'' it does not pose a safety issue because if a consumer followed 
the load range ``F'' designation they would actually fall below the 
actual recommended load carrying capacity. Since the tire load range 
designation ``F'' falls below the actual recommended load carrying 
capacity the tires will perform without incident causing no safety 
issue.
    GTC also stated that all other required sidewall markings are 
present and correct.
    GTC has additionally informed NHTSA that it has stopped production 
of the subject tires, is correcting the tire molds so that the subject 
noncompliance does not occur in future production, and has notified 
dealers to discontinue selling the tires.
    In summation, GTC believes that the described noncompliance of its 
tires is inconsequential to motor vehicle safety, and that its 
petition, to exempt 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.
    Comments: 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: July 25, 2012.

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

    Issued on: June 18, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-15396 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-59-P