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Notice2022-28061

Vee Rubber Corporation Ltd. and American Honda Motor Co., Inc., Receipt of Petitions for Decision of Inconsequential Noncompliance

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Published
December 27, 2022

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

Vee Rubber Corporation Ltd. (VRC) and American Honda Motor Co., Inc., (Honda) have determined that certain Vee Rubber VRM133 motorcycle tires sold as replacement equipment and as original equipment for installation on certain model year (MY) 2019-2021 Honda Monkey motorcycles do not fully comply with 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), Specialty Tires, and Tires for Motorcycles. VRC filed a noncompliance report dated June 7, 2021, and Honda filed a noncompliance report dated June 22, 2021. Subsequently, VRC petitioned NHTSA on June 22, 2021, and Honda petitioned NHTSA on July 14, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of VRC and Honda's petitions.

Full Text

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<title>Federal Register, Volume 87 Issue 247 (Tuesday, December 27, 2022)</title>
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[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79440-79442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28061]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Nos. NHTSA-2021-0056, NHTSA-2021-0057; Notice 1]


Vee Rubber Corporation Ltd. and American Honda Motor Co., Inc., 
Receipt of Petitions for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petitions.

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SUMMARY: Vee Rubber Corporation Ltd. (VRC) and American Honda Motor 
Co., Inc., (Honda) have determined that certain Vee Rubber VRM133 
motorcycle tires sold as replacement equipment and as original 
equipment for installation on certain model year (MY) 2019-2021 Honda 
Monkey motorcycles do not fully comply with 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), Specialty 
Tires, and Tires for Motorcycles. VRC filed a noncompliance report 
dated June 7, 2021, and Honda filed a noncompliance report dated June 
22, 2021. Subsequently, VRC petitioned NHTSA on June 22, 2021, and 
Honda petitioned NHTSA on July 14, 2021, for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety. This notice announces receipt of VRC and Honda's petitions.

DATES: Send comments on or before January 26, 2023.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on these petitions. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
    <bullet> Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
    <bullet> Hand Delivery: Deliver comments by hand to the 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 for Federal holidays.
    <bullet> Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting 
comments.
    <bullet> Comments may also be faxed to (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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petitions are granted or denied, notice of the decision 
will also be published in the Federal Register pursuant to the 
authority indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the online instructions for 
accessing the docket. The docket ID numbers for these petitions are 
shown in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 
194772012;78).

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.

SUPPLEMENTARY INFORMATION:

I. Overview

    VRC and Honda have determined that certain Vee Rubber VRM133 
motorcycle tires sold as replacement equipment and as original 
equipment for installation on certain 2019-2021 Honda Monkey 
motorcycles do not fully comply with the requirements of paragraph 
S6.5(b) of FMVSS No. 119, New Pneumatic Tires for Motor Vehicles with a 
GVWR of More Than 4,536 Kilograms (10,000 Pounds), Specialty Tires, and 
Tires for Motorcycles (49 CFR 571.119).

[[Page 79441]]

    VRC filed a noncompliance report dated June 7, 2021, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. VRC 
subsequently petitioned NHTSA on June 22, 2021, for an exemption from 
the notification and remedy requirements of 49 U.S.C. Chapter 301 on 
the basis that this noncompliance is inconsequential as it relates to 
motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 
49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance.
    Honda filed a noncompliance report dated June 22, 2021, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
Honda subsequently petitioned NHTSA on July 14, 2021, for an exemption 
from the notification and remedy requirements of 49 U.S.C. Chapter 301 
on the basis that this noncompliance is inconsequential as it relates 
to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    This notice of receipt of VRC and Honda's petitions 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 
petitions.

II. Tires Involved

    Approximately 29,018 Vee Rubber VRM133 motorcycle tires sizes 120/
80-12 and 130/80-12, sold as replacement equipment and to Honda for 
installation in certain Honda motorcycles, and manufactured between 
March 5, 2018, and May 27, 2021, are potentially involved.
    The subject tires were installed as original equipment on 
approximately 13,328 MY 2019-2021 Honda Monkey motorcycles manufactured 
between July 4, 2018, and April 2, 2021, and therefore these vehicles 
are also potentially involved.

III. Noncompliance

    VRC and Honda explain that the noncompliance is that the subject 
tires contain extra markings between the manufacturer's code and 
production week mark within the tire identification number (TIN), and, 
therefore, do not comply with the requirements specified in paragraph 
S6.5(b) of FMVSS No. 119. Specifically, the tires included an extra 
grouping of characters, beginning with the letter ``V'' followed by 
numbers between the second and third grouping of characters. For 
example, the tires were marked ``DOT 15A BCN133 Vxxxxxx xxxx'' or ``DOT 
15A BBN133 Vxxxxxx xxxx'' when they should have been marked ``DOT 15A 
BCN133 xxxx'' or ``DOT 15A BBN133 xxxx,'' with ``x'' representing the 
number present on a specific tire.

IV. Rule Requirements

    Paragraph S6.5(b) of FMVSS No. 119 includes the requirements 
relevant to these petitions. S6.5(b) provides that the TIN must meet 
the requirements as stated in 49 CFR 574 and may be marked on only one 
sidewall. 49 CFR 574.5(a) requires, in relevant part, that each new 
tire manufacturer must conspicuously label on one sidewall of each tire 
it manufactures, by permanently molding into or onto the sidewall, a 
TIN consisting of 13 symbols that contains the plant code, 
manufacturer's code, and date code, as described in paragraphs (b)(1) 
through (b)(3) of 49 CFR 574.5.
    V. Summary of VRC and Honda's Petitions
    The following views and arguments presented in this section, ``V. 
Summary of VRC and Honda's Petitions,'' are the views and arguments 
provided by VRC and Honda. They have not been evaluated by the Agency 
and do not reflect the views of the Agency. VRC and Honda describe the 
subject noncompliance and contend that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of their petitions, VRC and Honda submitted the 
following reasoning:
    VRC claims that the subject tires meet the performance requirements 
of FMVSS No. 119 and, therefore, the ``markings have no impact on the 
operational performance of the tires or on the safety of motorcycles on 
which these tires are installed.'' VRC also claims that the subject 
tires contain ``a complete and identifiable TIN which is accessible 
while mounted'' and that in the event of a recall, a consumer would 
have access to all the necessary information required to determine 
whether their tires are subject to a recall.
    In Honda's petition, they state that they support VRC's petition 
and believe that the extra markings on the tires do not pose a safety 
risk to riders or affect the performance of the subject motorcycle 
tires. Honda added that the subject tires are both identifiable and 
traceable since the extra markings ``do not alter or remove any 
required identifying characters of the TIN.''
    The petitioners referred to the following inconsequential 
noncompliance petitions granted by NHTSA that they believe support the 
granting of their petitions for the subject noncompliance:
    <bullet> Michelin North America, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance; 85 FR 37495, June 22, 2020.
    <bullet> Bridgestone Firestone North America Tire, LLC, Grant of 
Petition for Decision of Inconsequential Noncompliance; 71 FR 4396, 
January 26, 2006.
    <bullet> Cooper Tire & Rubber Company, Grant of Petition for 
Decision of Inconsequential Noncompliance; 71 FR 4396, January 26, 
2006.
    <bullet> Cooper Tire & Rubber Company, Grant of Petition for 
Decision of Inconsequential Noncompliance; 82 FR 17075, April 7, 2017.
    <bullet> Nitto Tire USA., Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance; 81 FR 17764, March 30, 2016.
    <bullet> Hankook Tire America, Grant of Petition for Decision of 
Inconsequential Noncompliance; 79 FR 30688, May 28, 2014.
    The petitioners state that they are not aware of any customer 
claims, complaints, injuries, incidents, or field reports associated 
with the extra markings in the TIN on the affected tires.
    VRC states that they have already corrected the error at its plant 
so that the TIN on all new Model VRM133 tires in the affected sizes 
will be marked according to S6.5(b) of FMVSS No. 119. VRC also states 
that they have recovered all affected tires in possession of United 
States distributors or retailers that have not yet reached end-users.
    The petitioners conclude their petitions by contending that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety and that their petitions to be exempted from providing 
notification of the noncompliance, as required by 49 U.S.C. 30118, and 
a remedy for the 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. Therefore, any decision on 
these petitions only applies to the subject tires and vehicles that the 
petitioners no longer controlled at the time it determined that the 
noncompliance existed. However, any decision on these petitions does 
not relieve tire and vehicle distributors and dealers of the 
prohibitions on the sale,

[[Page 79442]]

offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant tires and vehicles under their 
control after VRC and 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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-28061 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-59-P


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