78564 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 

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, any 

decision on this petition only applies to 

the subject tires that CMA and DCHL no 

longer controlled at the time it 

determined that the noncompliance 

existed. However, the granting of this 

petition does not relieve CMA and 

DCHL 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 CMA and DCHL notified 

them that the subject noncompliance 

existed. 

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

delegations of authority at 49 CFR 1.95 and 

501.8) 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2014–30486 Filed 12–29–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2012–0147; Notice 2] 

American Honda Motor Co., Inc., Grant 

of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Grant of petition. 

SUMMARY: American Honda Motor Co., 

Inc. (Honda) has determined that the 

tire pressure monitoring system (TPMS) 

low tire pressure warning for certain 

model year (MY) 2011 and 2012 Acura 

TSX passenger cars equipped with 

accessory 18-inch diameter wheels sold 

at Honda dealerships do not comply 

with paragraph S4.2(a) of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

138 Tire Pressure Monitoring Systems. 

Honda has filed an appropriate report 

dated September 27, 2012, pursuant to 

49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. 

ADDRESSES: For further information on 

this decision contact Maurice Hicks, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–1708, facsimile (202) 366– 

5930. 

SUPPLEMENTARY INFORMATION: 

I. Honda’s Petition: Pursuant to 49 

U.S.C. 30118(d) and 30120(h) and the 

rule implementing those provisions at 

49 CFR part 556, Honda 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. 

Notice of receipt of Honda’s petition 

was published, with a 30-day public 

comment period, on July 22, 2013, in 

the Federal Register (78 FR 43965.) No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) Web site 

at: http://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2012– 

0147.’’ 

II. Vehicles Involved: Affected are 

approximately 212 model years 2011 

and 2012 Acura TSX passenger cars 

equipped with accessory 18-inch 

diameter wheels sold at Honda 

dealerships. 

III. Noncompliance: Honda explains 

that the noncompliance is that when the 

accessory wheels and tires are installed 

on the subject vehicles, the preset TPMS 

warning level cannot be adjusted to 

warn at a higher cold inflation pressure 

for the accessory tires. The TPMS 

system on these vehicles is set for the 

OEM 17-inch diameter tires with 

recommended 230 kPa (33 psi), not the 

accessory 18-inch tires with 

recommended 260 kPa (38 psi). 

Honda set the TPMS warning level for 

the OEM tires at 183 kPa (26.5 psi), 

which is approximately 20 percent 

below the recommended inflation 

pressure. Standard 138 requires a 

warning when the pressure is equal to 

or less than 25 percent below the 

recommended inflation pressure. For 

the accessory tires, 25 percent below 

260 kPa (38 psi) is 195 kPa (28.3 psi), 

but the telltale does not illuminate until 

the tire pressure reaches 183 kPa (26.5 

psi). Therefore, the vehicles do not 

comply with paragraph S4.2(a) of 

FMVSS No. 138. 

IV. Rule Text: Paragraph S4.2(a) of 

FMVSS No. 138 requires in pertinent 

part: 

S4.2 TPMS detection requirements. 

The tire pressure monitoring system 

must: 

(a) Illuminate a low tire pressure warning 

telltale not more than 20 minutes after the 

inflation pressure in one or more of the 

vehicle’s tires, up to a total of four tires, is 

equal to or less than either the pressure 25 

percent below the vehicle manufacturer’s 

recommended cold inflation pressure, or the 

pressure specified in the 3rd column of Table 

1 of this standard for the corresponding type 

of tire, whichever is higher; 

V. Summary of Honda’s Analyses: A 

total of approximately 848 wheels, or 

212 complete wheel sets, were sold to 

Acura dealerships by Honda between 

November 2010 and April 2012. These 

wheels were sold with a replacement 

tire pressure placard, in accordance 

with the requirements of FMVSS No. 

110 ‘‘Tire Selection and Rims’’, 

indicating an inflation pressure of 260 

kPa (38 psi) for the recommended 225/ 

45ZR 18 tire size with an 95Y load 

capacity rating. There have been no 

reports of crashes, injuries or death as 

a result of the accessory tire being used 

with the standard TPMS threshold. 

After the beginning of retail sales of 

2012 model year Acura TSX models 

Honda discovered that the 

recommended electronic method of 

updating the TPMS setting for these 

accessory wheels would incorrectly 

inform technicians that the adjustments 

had been completed successfully. The 

result is that the TPMS warning 

threshold remains at Honda’s setting for 

the OEM 17-inch diameter wheels of not 

less than 183kPa (26.5psi) for the 

standard recommended tire pressure of 

230kPa (33psi). The minimum allowable 

TPMS threshold for the 18-inch 

diameter accessory wheels would be 

195kPA (28 psi) (28.3psi using 

conversion factor 1psi = 6.895kPa), 

based on the recommended pressure of 

260kPa (38psi) as indicated on the tire 

pressure placard. 

Honda believes that this 

noncompliance is inconsequential to 

motor vehicle safety because even at the 

lower TPMS threshold, adequate load 

capacity remains for the tires on these 

vehicles. Honda indicated that it also 

conducted dynamic testing to confirm 

that the handling and stability of the 

vehicle is not adversely affected at the 

lower pressures. 

The maximum load capacity for each 

of the P225/45ZR 18 95Y tires for this 

vehicle is 575 kilograms (1,268lbs) at 

230kPa (33psi), calculated using the 

Japan Automotive Tyre Manufacturer’s 

Association (JATMA) method, as 

recognized by NHTSA in FMVSS No. 

110. The maximum allowable load 

according to the Gross Axle Weight 

Ratings (GAWR) for a 2011 or 2012 

Acura TSX is 546.6 kilograms (1,207.2 

lbs) for each front tire and 514.9 

kilograms (1,135 lbs) for each rear tire, 

well within the load capacity specified 

by JATMA. 

At 80% of the lower pressure for the 

OEM 17-inch tires (230kPa (33psi), as 

opposed to the 260kPa (38psi) 

recommended on the tire pressure 

placard for the 18-inch accessory tires), 

the low tire pressure indicator will 

illuminate at 183kPa (26.5psi). 

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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 78565 

Honda has additionally informed 

NHTSA that it has corrected the 

noncompliance so that all future 

vehicles will comply with FMVSS No. 

138. 

In summation, Honda believes that 

the described noncompliance of its 

vehicles 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. 

I. NHTSA’s Analysis and Decision 

Honda is petitioning NHTSA for 

exemption on the basis that the 

noncompliance is inconsequential to 

safety because the accessory wheels and 

tires have adequate load carrying 

capacity at the lower tire pressure of the 

17-inch OEM tires and because the 

handling and stability of the vehicle is 

not adversely affected at this lower 

pressure as confirmed by Honda’s own 

dynamic testing. Honda used similar 

arguments that were accepted by 

NHTSA in granting the Part 556 

exemption for the TPMS noncompliance 

involving certain 2008 and 2009 Honda 

Civics (see 77 FR 43145 on July 23, 

2012). 

NHTSA agrees with Honda that the 

accessory tires inflated to 230 kPa (33 

psi) that is the lower pressure for the 

OEM 17-inch tires will have adequate 

load carrying capacity to accommodate 

the maximum weight of the subject 

vehicles. Similar to the agency’s 

previous conclusion in responding to 

the Honda Civic petition and as 

required by FMVSS No. 110, the tire’s 

load ratings must be equal to or exceed 

the load applied when the vehicle is at 

its maximum loaded weight. FMVSS 

No. 110, section S4.2.1.1, states that, 

‘‘The vehicle maximum load on the tire 

shall not be greater than the applicable 

maximum load rating as marked on the 

sidewall of the tire.’’ According to 

Honda, for a 2011 or 2012 Acura TSX, 

each front tire would be required to 

support a maximum load of 546.6 

kilograms (1,207.2 lbs) to accommodate 

the GAWR of the front axle. Likewise, 

for each rear tire, a load rating of 514.9 

kilograms (1,135 lbs) or more would be 

needed to support the GAWR of the rear 

axle. 

Data from the Japan Automotive Tyre 

Manufacturers’ Association, a reference 

recognized in FMVSS No. 110, indicate 

that for each P225/45ZR 18 95Y 

accessory tire, the load rating is 

calculated to be 575 kilograms 

(1,268lbs) at the lower pressure of the 

original tires, 230 kPa (33psi). This load 

rating is greater than the highest (front) 

tire load on the affected vehicle based 

on the GAWR. Furthermore, the 

manufacturer of the optional tires would 

have to meet FMVSS No. 139 which 

specifies a low inflation pressure 

performance test in which the tires are 

loaded to the maximum tire load 

carrying capacity while underinflated to 

a pressure of only 140kPa (20 psi), 

which is less than the TPMS telltale 

activation pressure for the OEM tires of 

the subject vehicles. Therefore, adequate 

load carrying capacity remains for the 

accessory tires on these vehicles. 

Honda’s second argument is that the 

handling and stability of the subject 

vehicles are not adversely affected by 

the accessory tires and wheels. While 

NHTSA cannot confirm Honda’s inhouse results, we believe it is the 

responsibility of each vehicle 

manufacturer to maintain certification 

to all applicable FMVSSs for all 

optional equipment such as any wheels 

and tires it authorizes. Honda provided 

the 212 complete wheel sets to dealers 

with replacement vehicle tire placards 

as required by FMVSS No. 110, 

specifying the correct tire size and 

inflation pressure. It follows that Honda 

believed a vehicle so equipped would 

continue to comply with NHTSA’s 

safety standards. For example, the 

subject vehicles with the accessory 

wheel sets should continue to comply 

with the requirements of FMVSS No. 

126, Electronic stability control systems. 

In consideration of the foregoing, 

NHTSA has decided that Honda has met 

its burden of persuasion that the FMVSS 

No. 138 noncompliance is 

inconsequential to motor vehicle safety. 

Accordingly, Honda’s petition is hereby 

granted and Honda is exempted from 

the obligation of providing notification 

of, and a remedy for, that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

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 apply to the subject 212 

subject vehicles that Honda no longer 

controlled at the time it determined that 

the noncompliance existed. However, 

the granting of this petition does not 

relieve vehicle distributors and dealers 

of the prohibitions on the sale, offer for 

sale, or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant vehicles under their 

control after Honda notified them that 

the subject noncompliance existed. 

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

delegations of authority at 49 CFR 1.95 and 

501.8) 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2014–30487 Filed 12–29–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

December 23, 2014. 

The Department of the Treasury will 

submit the following information 

collection requests to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, Pub. L. 104–13, on or after the 

date of publication of this notice. 

DATES: Comments should be received on 

or before January 29, 2015 to be assured 

of consideration. 

ADDRESSES: Send comments regarding 

the burden estimate, or any other aspect 

of the information collection, including 

suggestions for reducing the burden, to 

(1) Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for 

Treasury, New Executive Office 

Building, Room 10235, Washington, DC 

20503, or email at OIRA_Submission@

OMB.EOP.gov and (2) Treasury PRA 

Clearance Officer, 1750 Pennsylvania 

Ave. NW., Suite 8140, Washington, DC 

20220, or email at PRA@treasury.gov. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the submission(s) may be 

obtained by calling (202) 927–5331, 

email at PRA@treasury.gov, or the entire 

information collection request may be 

found at www.reginfo.gov. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0928. 

Type of Review: Extension of a 

currently approved collection. 

Title: TD 9099—Disclosure of Relative 

Values of Optional Forms of Benefit. 

Abstract: This document contains 

final regulations that consolidate the 

content requirements applicable to 

explanations of qualified joint and 

survivor annuities and qualified 

preretirement survivor annuities 

payable under certain retirement plans, 

and specify requirements for disclosing 

the relative value of optional forms of 

benefit that are payable from certain 

retirement plans in lieu of a qualified 

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