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Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Continental

Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
April 16, 2015


[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20570-20571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08692]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0015; Notice 1]


Continental Tire the Americas, 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: Continental Tire the Americas, LLC, (CTA), has determined that 
certain Continental replacement passenger car tires do not fully comply 
with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 139, New Pneumatic Radial Tires for Light Vehicles. CTA has filed 
an appropriate report dated January 7, 2015, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is May 18, 2015.

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 at the beginning of this notice and 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments 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 (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).
    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.

SUPPLEMENTARY INFORMATION:
    I. CTA's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see 
implementing rule at 49 CFR part 556), CTA 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.
    This notice of receipt of CTA'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.
    II. Tires Involved: Affected are approximately 116,500 Continental 
ExtremeContact DWS size 225/45R17 91W, Continental ExtremeContact DW 
size 225/45R17 91W and General G-Max AS-03 size 225/45R17 91W passenger 
car tires.
    III. Noncompliance: CTA explains that the noncompliance is that due 
to mold labeling errors, the sidewall markings on the subject tires do 
not correctly describe the actual number of plies in the tread area of 
the tires as required by paragraph S5.5(f) of FMVSS No. 139. 
Specifically, the Continental ExtremeContact DWS size 225/45R17 91W 
tires were manufactured with

[[Page 20571]]

``Tread 4 Plies: 1 Polyester + 2 Steel + 1 Polyamide.'' The correct 
labeling and stamping should have been ``Tread 5 Plies: 1 Polyester + 2 
Steel + 2 Polyamide.'' The Continental ExtremeContact DW size 225/45R17 
91W tires were manufactured with ``Tread 4 Plies: 1 Polyester + 2 Steel 
+ 1 Polyamide.'' The correct labeling and stamping should have been 
``Tread 5 Plies: 1 Polyester + 2 Steel + 2 Polyamide.'' The General G-
Max AS-03 size 225/45R17 91W tires were manufactured with ``Plies: 
Tread: 1 Polyester + 2 Steel + 1 Polyamide.'' The correct labeling and 
stamping should have been ``Plies: Tread: 1 Polyester + 2 Steel + 2 
Polyamide.''
    IV. Rule Text: Paragraph S5.5 of FMVSS No. 110 requires in 
pertinent part:

    S5.5 Tire Markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard . . .
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different;

    V. Summary of CTA's Analyses: CTA stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) CTA believes that the mislabeling of the number of plies on the 
subject tires has no impact on the operational performance of the 
subject tires or on the safety of vehicles on which these tires are to 
be mounted. CTA states that the subject tires also meet or exceed all 
of the performance requirements specified by FMVSS No. 139.
    (B) CTA states that they are unaware of any accidents or injuries 
that have occurred as a result of this noncompliance.
    (C) CTA states that NHTSA has previously granted similar petitions 
for Inconsequential Noncompliance's in the past.
    CTA has additionally informed NHTSA that it has corrected the 
subject noncompliance.
    In summation, CTA believes that the described noncompliance of the 
subject tires is inconsequential to motor vehicle safety, and that its 
petition, to exempt CTA 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. Therefore, any decision on 
this petition only applies to the subject tires that CTA 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 CTA 
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 Giuseppe,
Director, Office of Vehicle Safety Compiance.
[FR Doc. 2015-08692 Filed 4-15-15; 8:45 am]
 BILLING CODE 4910-59-P

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