78562 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 

generic material marking does not 

influence the purchase nor the fitment 

of tires to vehicles, the above described 

noncompliance is viewed by MNA to 

have no impact on the performance of 

the tire, nor the associated motor 

vehicle safety. 

(B) The subject tires contain the 

necessary tire material labeling 

information on at least one sidewall. 

The number of reinforcing plies in the 

tread, and in the sidewall, are correct. 

It is the descriptor for the generic 

material which is not consistent with 

the actual content of the tire— 

‘‘Polyamide’’ in place of ‘‘Polyester.’’ 

Since this marking is only on one 

sidewall and there is no other marking 

to compare it to, consumers will not be 

confused by the content of the marking, 

nor do they make purchasing decisions 

based upon this mark. Only a specialist, 

familiar with the differences between 

‘‘Polyamide’’ and ‘‘Polyester’’, with 

access to the internal content of the tire, 

would recognize this discrepancy. 

(C) This marking discrepancy has no 

impact on a consumer’s, dealer’s, or 

distributor’s ability, nor our ability, to 

identify product in the event of a market 

action. During market actions, the tire 

dimension, brand name, load capacity, 

and TIN are used to identify tires which 

are to be removed from the market. The 

tire’s generic material content marking 

would therefore not have an impact on 

a consumer’s or dealer’s ability to 

implement a market action. 

(D) MNA stated its belief that NHTSA 

has granted previous petitions for 

inconsequential noncompliance 

involving noncompliant ply-cord 

generic material content labeling. For 

example, the term ‘‘Polyester’’ was 

substituted for ‘‘Nylon’’ in a tread ply 

labeling noncompliance for which a 

petition was filled by Goodyear Tire and 

Rubber Company (Goodyear). In that 

case, NHTSA agreed with Goodyear that 

the non-compliance was 

inconsequential to motor vehicle safety. 

See 77 FR 2775. 

MNA has additionally informed 

NHTSA that it has corrected the 

noncompliance so that all future 

production motorcycle tires will comply 

with FMVSS No. 119. 

In summation, MNA believes that the 

described noncompliance of the subject 

motorcycle tires is inconsequential to 

motor vehicle safety, and that its 

petition, to exempt MNA 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 

NHTSA Analysis: The agency agrees 

with MNA 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 of the noncompliances on 

the operational safety of vehicles on 

which these tires are mounted. 

Although tire construction affects the 

strength and durability, neither the 

agency nor the tire industry provides 

information relating tire strength and 

durability to the number of plies and 

types of ply cord material in the tread 

and sidewall. Therefore, tire dealers and 

customers should consider the tire 

construction information along with 

other information such as load capacity, 

maximum inflation pressure, and tread 

wear, temperature, and traction ratings, 

to assess performance capabilities of 

various tires. 

In the agency’s judgment, the 

incorrect labeling of the tire 

construction information in this 

instance will have an inconsequential 

effect on motor vehicle safety because 

most consumers do not base tire 

purchases or vehicle operation 

parameters on the ply material in a tire. 

NHTSA Decision: In consideration of 

the foregoing, NHTSA has decided that 

MNA has met its burden of persuasion 

that the FMVSS No. 119 noncompliance 

is inconsequential to motor vehicle 

safety. Accordingly, MNA’s petition is 

hereby granted and MNA 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 applies to the subject 

noncompliant tires that MNA 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 tires under their 

control after MNA 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. 2014–30241 Filed 12–29–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0083; Notice 2] 

China Manufacturers Alliance, LLC, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: China Manufacturers 

Alliance, LLC (CMA) and Double Coin 

Holdings, Ltd (DCHL) have determined 

that certain Double Coin and Dynatrac 

brand truck & bus radial replacement 

tires that were imported by CMA and 

manufactured by DCHL do not fully 

comply with paragraph S6.5 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. CMA and DCHL filed an 

appropriate report dated June 17, 2014, 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. 

ADDRESSES: For further information on 

this decision contact Abraham Diaz, 

Office of Vehicle Safety Compliance, 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5310, facsimile (202) 366– 

5930. 

SUPPLEMENTARY INFORMATION: 

I. CMA and DCHL’s Petition: Pursuant 

to 49 U.S.C. 30118(d) and 30120(h) and 

the rule implementing those provisions 

at 49 CFR part 556, CMA and DCHL 

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 CMA and DCHL’s 

petition was published, with a 30-Day 

public comment period, on September 

15, 2014 in the Federal Register (79 FR 

55068). 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 78563 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2014– 

0083.’’ 

II. Replacement Tires Involved: 

Affected are approximately 1,753,089 

Double Coin and Dynatrac brand truck 

& bus radial (TBR) replacement tires 

that were imported by CMA and 

manufactured by DCHL tires from June 

2011 to June 2014 (DOT date codes 2711 

to 2614). Refer to CMA and DCHL’s 49 

CFR part 573 report for descriptions of 

the tire sizes and other specifics. 

III. Noncompliance: CMA and DCHL 

describe the noncompliance as the 

inadvertent omission of the letter 

marking that designates the tire Load 

Range from the tire sidewall. 

IV. Rule Text: Paragraph S6.5 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 

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. . . . 

(j) The letter designating the tire load 

range. 

V. Summary of CMA and DCHL’s 

Analyses: CMA and DCHL stated their 

belief that the subject noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: 

1. CMA has certified that the subject 

tires are fully compliant to all 

requirements of FMVSS No. 119 except 

for the aforementioned omission issue. 

The tires are manufactured to the 

specifications and are able to carry the 

specified weight designed for these tires 

and as mandated by FMVSS No. 119. 

2. CMA stated that NHTSA tested two 

samples from the tires in question for 

endurance and found them to comply 

with the required standards of FMVSS 

No. 119, and that in addition to the S6.5 

required markings, CMA also includes 

redundant safety markings on some of 

the most critical criterion of a TBR tire. 

With FMVSS No. 119 requiring items 

S6.5 (a–j) as mandatory, CMA also lists 

data that assists dealers/consumers in 

recognizing the tire’s abilities and 

performance. Included on the sidewall 

of these tires, but not mandatory 

requirements by FMVSS No. 119, are 

Load Index for both single and dual 

placement of the tire, Ply Rating and 

Speed Rating. 

3. CMA believes that Load Index is a 

redundant data point for Load Range. 

Both measure the important max load/ 

max pressure data required on the tire 

sidewall. In addition, the Tire and Rim 

Association (TRA) data book lists a 

conversion chart as to Load Range and 

Ply Rating correlation. Thus, the 

information that the Load Range letter is 

meant to convey is already included on 

the tire in two other ways, i.e. Load 

Index and Ply Rating. 

4. CMA has certified that the subject 

tires have been properly manufactured 

to the requirements of FMVSS No. 119 

including all static and dynamic 

requirements and design requirements 

for max load requirements as well as 

additional information for consumers to 

review that correlate to load range so the 

noncompliance is one of format of the 

markings. 

5. CMA believes that there is little to 

no risk of overloading by an end-user 

because of the inclusion of the Load 

Index and Ply Ratings. Even in the 

absence of the Load Range, an end-user 

would have to ignore the max load/max 

pressure data on the tire and the ply 

rating in order to create a risk as to 

motor vehicle safety. 

6. CMA also believes that because the 

tires in question meet the performance 

standards of FMVSS No. 119, and the 

information conveyed by the Load 

Range is imparted to end-users by both 

the required Load Index and the 

optional Ply Rating, the absence of the 

Load Range on these tires is 

inconsequential as to motor vehicle 

safety. 

CMA and DCHL has additionally 

informed NHTSA that it has corrected 

the noncompliance so that all future 

production replacement tires will 

comply with FMVSS No. 119. 

In summation, CMA and DCHL 

believe that the described 

noncompliance of the subject 

replacement tires is inconsequential to 

motor vehicle safety, and that its 

petition, to exempt CMA and DCHL’s 

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 

NHTSA Analysis: The purpose for the 

Load Range labeling letter required by 

paragraph S6.5(j) of FMVSS No. 119 is 

to provide information to assist the tire 

purchaser about the load carrying 

capabilities of the tire. In the case of the 

subject tires, CMA and DCHL stated that 

the information the Load Range letter is 

meant to convey is also labeled on the 

subject tires in two other ways: (1) The 

Load Index, which is a numerical code 

correlating to the maximum load 

carrying capacity of the tire and (2) the 

Ply Rating (an additional means vehicle 

manufacturers use to properly select 

tires for a particular application 

(abbreviated on the tires as ‘‘PR’’)). 

NHTSA agrees that the 

noncompliance is inconsequential to 

motor vehicle safety in this case because 

the information intended to be 

conveyed by the missing Load Range 

letter is communicated by other means 

on the tires, specifically: 

1. The Ply Rating stamped on the 

sidewall of the subject tires correctly 

correlates to the Load Range 

designation/Ply Rating Equivalency 

table listed by The Tire and Rim 

Association Inc. (TRA) 2013 book. 

Furthermore, the Load Range listed in 

the table is also correctly associated to 

the Tire Size of the subject tires. 

2. The service index or Load Index 

stamped on the sidewall of the subject 

tires, which provides another means for 

a customer to properly select a tire for 

a particular application, also correctly 

correlates to the Load Index listed by 

The Tire and Rim Association Inc. 

(TRA) 2013 book for the subject tires. 

3. The maximum load and maximum 

pressure stamped on the sidewall of the 

subject tires correctly correlates to the 

maximum loads and pressures listed by 

The Tire and Rim Association Inc. 

(TRA) 2013 book. 

Finally, the tires are designed to meet 

all other applicable requirements of 

FMVSS No. 119. 

NHTSA Decision: In consideration of 

the foregoing, NHTSA has decided that 

CMA and DCHL have met their burden 

of persuasion that the FMVSS No. 119 

noncompliance is inconsequential to 

motor vehicle safety. Accordingly, CMA 

and DCHL’s petition is hereby granted 

and CMA and DCHL are 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 

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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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