Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 68855 

1Pirelli Tire LLC is a manufacturer and importer 

of replacement equipment that is organized under 

the laws of the State of Georgia. 

2Pirelli’s petition, which was filed under 49 CFR 

Part 556, requests an agency decision to exempt 

Pirelli as replacement equipment manufacturer 

from the notification and recall responsibilities of 

49 CFR Part 573 for 30,881 of the affected tires. 

However, the agency cannot relieve Pirelli’s 

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 Pirelli 

recognized that the subject noncompliance existed. 

Those tires must be brought into conformance, 

exported, or destroyed. 

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. 

Dates: Comment closing date: 

December 9, 2010. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: November 3, 2010. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2010–28194 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0142; Notice 1] 

Pirelli Tire LLC, Receipt of Petition for 

Decision of Inconsequential 

Noncompliance 

Pirelli Tire LLC (Pirelli) 1 has 

determined that approximately 30,881 

Pirelli Pzero Nero M+S and Scorpion 

Zero Asimmetrico replacement tires 

produced between September 1, 2007, 

and February 26, 2009, do not fully 

comply with the tire labeling 

requirements of paragraphs S5.5 and 

S7.3 of Federal Motor Vehicle Safety 

Standard (FMVSS) No. 139, New 

Pneumatic Radial Tires for Light 

Vehicles. On March 12, 2010, Pirelli 

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), Pirelli 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. Specifically, Pirelli 

submitted the original petition, dated 

March 12, 2010, and a supplement to 

the original petition dated April 12, 

2010. 

This notice of receipt of Pirelli’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. 

Pirelli estimated that 30,881 2 Pirelli 

Pzero Nero M+S and Scorpion Zero 

Asimmetrico replacement tires 

produced between September 1, 2007, 

and February 26, 2009, in the tire sizes 

indicated in the following table have the 

subject noncompliance. 

P245/45ZR17 95W, Pzero Nero M+S 

P235/45ZR17 94W, Pzero Nero M+S 

P235/40ZR18 91W, Pzero Nero M+S 

P215/35ZR18 84W, Pzero Nero M+S 

P215/35ZR19 85W, Pzero Nero M+S 

265/35ZR22 102W Extra Load, Scorpion 

Zero Asimmetrico 

295/30ZR22 103W Extra Load, Scorpion 

Zero Asimmetrico 

305/35ZR23 111W Extra Load, Scorpion 

Zero Asimmetrico 

265/45ZR20 108W Extra Load, Scorpion 

Zero Asimmetrico 

Paragraphs S5.5 and S7.3 of FMVSS No. 

139 require in pertinent part: 

S5.5 Tire markings. Except as specified in 

paragraphs (a) through (i) of S5.5, each tire 

must be marked on each sidewall with the 

information specified in S5.5(a) through (d) 

and on one sidewall with the information 

specified in S5.5(e) through (i) according to 

the phase-in schedule specified in S7 of this 

standard. The markings must be placed 

between the maximum section width and the 

bead on at least one sidewall, unless the 

maximum section width of the tire is located 

in an area that 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, those markings must 

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 must be in letters and numerals not 

less than 0.078 inches high and raised above 

or sunk below the tire surface not less than 

0.015 inches. 

S5.5.1 Tire identification number. (a) 

Tires manufactured before September 1, 

2009. Each tire must be labeled with the tire 

identification number required by 49 CFR 

part 574 on a sidewall of the tire. Except for 

retreaded tires, either the tire identification 

number or a partial tire identification 

number, containing all characters in the tire 

identification number, except for the date 

code and, at the discretion of the 

manufacturer, any optional code, must be 

labeled on the other sidewall of the tire. 

(b) Tires manufactured on or after 

September 1, 2009. Each tire must be labeled 

with the tire identification number required 

by 49 CFR part 574 on the intended outboard 

sidewall of the tire. Except for retreaded tires, 

either the tire identification number or a 

partial tire identification number, containing 

all characters in the tire identification 

number, except for the date code and, at the 

discretion of the manufacturer, any optional 

code, must be labeled on the other sidewall 

of the tire. Except for retreaded tires, if a tire 

does not have an intended outboard sidewall, 

the tire must be labeled with the tire 

identification number required by 49 CFR 

part 574 on one sidewall and with either the 

tire identification number or a partial tire 

identification number, containing all 

characters in the tire identification number 

except for the date code and, at the discretion 

of the manufacturer, any optional code, on 

the other sidewall * * * 

S7.3 Tires manufactured on or after 

September 1, 2007. Each tire must comply 

with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, 

S5.5.5, and S5.5.6 of this standard. 

Pirelli described the noncompliance 

as the absence of either the complete or 

partial tire identification number (TIN) 

on the inner tire sidewall as required by 

paragraphs S5.5 and S7.3 of FMVSS No. 

139. 

Pirelli argues that because all of the 

affected tires have an asymmetric tread 

pattern, they can only be correctly 

installed with the intended outer 

sidewall facing the outside of the 

vehicle. Pirelli also points out that 

asymmetric tires represent a very small 

percentage of the overall tire market. 

Pirelli explained that all of the 

affected tires are stenciled on the 

intended outside sidewall with the 

lettering OUTER in four different 

languages (English, French, German and 

Italian). 

Pirelli further explained that the noncompliance was identified on February 

26, 2010, during an inspection of mold 

branding at the plant that produced the 

subject tires. Pirelli then examined 

related production records in order to 

accurately identify the specific 

noncompliant tires. All molds are being 

modified or have been modified to 

ensure that the appropriate TIN 

information is contained on both 

sidewalls for future production. 

Pirelli provided the following basis of 

why they believe the subject 

noncompliance is inconsequential to 

motor vehicle safety: 

While the subject tires are noncompliant 

with paragraph S5.5 of FMVSS No. 139 for 

labeling, the noncompliance has an 

inconsequential effect on tire performance 

and motor vehicle safety because all of the 

affected tires meet or exceed all of the 

minimum performance requirements of 

FMVSS No. 139. 

In addition, the Company mentioned 

the existence of certain factors that 

facilitates and encourages proper 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
68856 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 

installation and thus provide 

accessibility and visibility of the full 

TIN on the outside sidewall: 

Pirelli’s internal policy allows dealers to 

sell these asymmetric tires only in pairs or 

in groups of four. As a result, these 

replacement tires are installed either on both 

sides of the rear axle or on all four locations. 

The odds of even one tire being mounted 

incorrectly are extremely remote, and the 

odds of two or four tires being mounted the 

wrong way are even more remote. 

All subject tires are either Pzero Nero M+S 

or Scorpion Zero Asimmetrico. Both product 

families are ultra high performance tires; 

their asymmetric tread design is one of the 

main features sought by consumers for the 

following reasons: Precision handling in all 

conditions; full and compact external 

shoulder blocks for increased safety and dry 

handling performance; and inner shoulders 

designed to maximize traction with deeper 

and more regular cuts. These benefits are 

obtained only if the tires are mounted with 

the outer sidewall pointing to the outside of 

the vehicle. Having paid a substantial price 

to obtain these performance characteristics, 

the customers seek to ensure that their tires 

are installed correctly. 

Pirelli’s product literature and training 

procedures reinforce the message on proper 

mounting. 

Pirelli provides extensive training to its 

authorized dealers, and that training focuses 

specifically on the need to mount asymmetric 

tires in the correct way. 

A second TIN number (on the inboard side 

of the tire) is not necessary either to ensure 

traceability or to allow consumers to operate 

their vehicles safely. 

Pirelli has not received a single complaint 

from any consumer, dealer, law enforcement 

agency, or other source that indicated any 

difficulty or problem in finding the full TIN, 

including the date code on its asymmetrical 

tires. 

Pirelli collects and tracks data on warranty 

claims for all of tires, including the tires at 

issue here. The warranty data confirm that 

these tires have performed extremely well in 

the field. The number of claims is very small, 

and there have been no claims involving 

property damage. 

In summation, for the reasons stated 

above, Pirelli believes that the described 

noncompliance concerning the tire 

labeling requirements of paragraphs 

S5.5 and S7.3 of FMVSS No. 139 is 

inconsequential and does not present a 

risk to motor vehicle safety. Thus, 

Pirelli requests 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. In the supplement to its 

petition Pirelli additionally requested 

that if NHTSA decides that a complete 

exemption should not be granted, that at 

a minimum, NHTSA exempt the 

company from standard remedy 

requirements. Rather than replacing all 

tires subject to any such recall, Pirelli 

suggests that it would instead issue 

recall notices to all end users who can 

be located. Pirelli then would have its 

dealers inspect the tires. If the tires are 

properly mounted, with the TINs facing 

the outside of the vehicle, the tires 

would be left on the vehicle. If any tires 

were found to be mounted with the 

outer sidewalls facing inward (which is 

extremely unlikely), the tires would be 

remounted in the appropriate way. 

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 am to 5 pm 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, selfaddressed 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. 

Dates: Comment closing date: 

December 9, 2010. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: November 3, 2010. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2010–28195 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

FEDERAL RESERVE SYSTEM 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

Agency Information Collection 

Activities: Submission for OMB 

Review; Joint Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury; Board of 

Governors of the Federal Reserve 

System (Board); Federal Deposit 

Insurance Corporation (FDIC); and 

Office of Thrift Supervision (OTS), 

Treasury. 

ACTION: Notice of information collection 

to be submitted to OMB for review and 

approval under the Paperwork 

Reduction Act of 1995. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

chapter 35), the OCC, the Board, the 

FDIC, and the OTS (the ‘‘agencies’’) may 

not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection unless it 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1