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Premiori LLC, Receipt of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 23 May 2023 Subjects: American Government  , Safety, Tires
Topic: Premiorri |
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33190-33191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10918]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0092; Notice 1]
Premiori LLC, Receipt of Petition for Decision of Inconsequential
Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Premiori, LLC, (Premiori), has determined that certain
Premiorri Solazo replacement passenger car tires do not fully comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light Vehicles. Premiori filed an original
noncompliance report dated June 28, 2022, and amended the report on
October 27, 2022. Premiori petitioned NHTSA on July 7, 2022, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Premiori's petition.
DATES: Send comments on or before June 22, 2023.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
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.
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.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
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 https://www.regulations.gov, 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 petition is 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
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is 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 19477-78).
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Safety Compliance
Engineer, Office of Vehicle Safety Compliance, NHTSA, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview: Premiori determined that certain Premiorri Solazo
replacement passenger car tires do not fully comply with paragraphs
S5.5(a) and S5.5.1 of FMVSS No. 139, New Pneumatic Radial Tires for
Light Vehicles (49 CFR 571.139).
Premiori filed an original noncompliance report dated June 28,
2022, and amended the report on October 27, 2022, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Premiori
petitioned NHTSA on July 7, 2022, 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.
[[Page 33191]]
This notice of receipt of Premiori's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Tires Involved: Approximately 8 Premiorri Solazo passenger car
tires size 175/65R14 82H, manufactured between February 7, 2021, and
April 30, 2021, are potentially involved.
III. Noncompliance: Premiori explains that the noncompliance is due
to a mold error in which the subject tires do not have the required DOT
symbol and the full or partial tire identification number (TIN) on one
of the two sidewalls and therefore, do not comply with paragraph
S5.5(a) of FMVSS No. 139. The tires do have the required DOT symbol
(and TIN) on the other sidewall.
IV. Rule Requirements: Paragraphs S5.5(a) and S5.5.1 of FMVSS No.
139 include the requirements relevant to this petition. Paragraph
S5.5(a) requires each tire to be marked on each side wall with the
symbol DOT, which constitutes a certification that the tire conforms to
applicable FMVSSs. Paragraph S5.5.1 requires each tire to be labeled
with the TIN required by 49 CFR part 574 on the intended outboard
sidewall of the tire. Specifically, either the TIN or partial TIN,
containing all characters in the TIN, 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.
V. Summary of Premiori's Petition: The following views and
arguments presented in this section, ``V. Summary of Premiori's
Petition,'' are the views and arguments provided by Premiori. They have
not been evaluated by the Agency and do not reflect the views of the
Agency. Premiori describes the subject noncompliance and contends that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
On February 17, 2022, Premiori says it received an information
request from NHTSA regarding the subject noncompliance. As a result of
the information request from NHTSA, Premiori inspected the molds used
for the subject tires. Premiori's investigation found that one (1) of
the four molds that were used for the subject tires did not have the
DOT marking or TIN on one sidewall. Premiori provided information
showing that the subject tires met all other labeling requirements of
S5.5(a)-(i), including the symbol DOT a full TIN on one of the two
sidewalls. Premiori believes that there are no safety risks associated
with the affected tires stated that they have ``taken corrective
actions regarding this noncompliance'' and all four (4) tire molds now
are fully compliant.
Premiori concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and its petition 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
this petition only applies to the subject tires that Premiori no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve equipment
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 Premiori
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. 2023-10918 Filed 5-22-23; 8:45 am]
BILLING CODE 4910-59-P