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

Topics:  Continental Tire

Jeffrey Giuseppe
National Highway Traffic Safety Administration
June 11, 2015

[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33331-33332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14252]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0015; Notice 2]


Continental Tire the Americas, 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: 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.

ADDRESSES: For further information on this decision contact Abraham 
Diaz, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5310, 
facsimile (202) 366-5930.

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.
    Notice of receipt of the CTA's petition was published, with a 30-
day public comment period, on April 16, 2015 in the Federal Register 
(80 FR 20570). 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-2015-0015.''
    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 ``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. 139 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:

[[Page 33332]]

    (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 Noncompliances 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's Decision

    NHTSA's Analysis of CTA's Arguments: The agency agrees with CTA 
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 
noncompliance on the operational safety of the vehicles on which these 
tires are mounted. The safety of people working in the tire retread, 
repair and recycling industries must also be considered.
    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 to 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 judgement, 
the incorrect labeling of the tire construction information will have 
an inconsequential effect on motor vehicle safety because most 
consumers do not base tire purchases or vehicle operation parameters on 
the number of plies in a tire.
    The agency believes the noncompliance will have no measureable 
effect on the safety of tire retread, repair and recycling industries. 
The use of steel cord construction in the sidewall and tread is the 
primary safety concern of these industries. In this case, since the 
tire sidewall is marked correctly for the number of steel plies, this 
potential safety concern does not exist.
    NHTSA's Decision: In consideration of the foregoing, NHTSA has 
decided that CTA has met its burden of persuasion that the 
noncompliance described is inconsequential to motor vehicle safety. 
Accordingly, CTA's petition is hereby granted and CTA is exempted from 
the obligation of providing notification of, and remedy for the subject 
noncompliance.
    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 tires that CTA no longer controlled at the 
time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve tire 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 Compliance.
[FR Doc. 2015-14252 Filed 6-10-15; 8:45 am]
 BILLING CODE 4910-59-P