JCA Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance

Topics:  Trail America

Claude H. Harris
National Highway Traffic Safety Administration
November 9, 2010

[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Notices]               
[Page 68854-68855]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-102]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0143; Notice 1]

 
JCA Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    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.
    This notice of receipt of JCA'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.
    JCA estimates that approximately 899,804 Trail America brand 
Special Trailer ``ST'' tires that were 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.
    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 than 0.4 mm (0.015 inch), except that the 
marking depth shall be not less than 0.25mm (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 * * *
    (d) The maximum load rating and corresponding inflation pressure 
of the tire, shown as follows: * * *
    (Mark on tires rated only for single load): Max load ----kg (---
-lb) at ----kPa (----psi) cold.

    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.
    Supported by the above stated reasons, 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 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, 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).

[[Page 68855]]

    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