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

Topics:  Continental Tire

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration

18 July 2016

[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46764-46765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16843]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0003; 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 CTA 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 filed a report dated December 11, 2015, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. CTA then petitioned NHTSA under 49 CFR part 556 requesting 
a decision that the subject noncompliance is inconsequential to motor 
vehicle safety.

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

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing 
regulations 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 petition was published, with a 30-day 
public comment period, on March 25, 2016 in the Federal Register (81 FR 
16269). 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-2016-0003.''

II. Tires Involved

    Affected are approximately 1,800 General Tire brand Grabber size 
LT265/75R16 112/109 Q LRC tires that were manufactured between December 
10, 2010 \1\ and September 9, 2013.
---------------------------------------------------------------------------

    \1\ Subsequent to the original filing, CTA informed NHTSA that 
the original manufacture start date as stated in their part 573 
should in fact be November 7, 2010.
---------------------------------------------------------------------------

III. Noncompliance

    CTA explains that due to a mold error, the number of tread plies 
indicated on the sidewall of the subject tires does not match the 
actual number of plies in the tire construction. The tires are marked 
``PLIES: TREAD: 2 POLYESTER + 2 STEEL + 2 POLYAMIDE'' whereas the 
correct marking should be: ``PLIES: TREAD: 2 POLYESTER + 2 STEEL + 1 
POLYAMIDE.'' As a consequence, these tires do not meet requirements 
specified in paragraph S5.5(f) of FMVSS No. 139.

IV. Rule Text

    Paragraph S5.5(f) of FMVSS No. 139 states, in pertinent part:

    S5.5 Tire Markings. Except as specified in paragraph (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 Petition

    CTA described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential to motor vehicle safety.
    In support of its petition, CTA submitted the following information 
pertaining to the subject noncompliance:
    (a) CTA stated that the tires covered by this petition are labeled 
with incorrect information regarding the number of tread plies. The 
company noted that while the number of polyester and steel plies 
indicated on the sidewall is accurate, the number of polyamide plies 
indicated is incorrect. The company contended, however, that this 
mislabeling has no impact on the operational performance of these tires 
or on the safety of vehicles on which these tires are mounted. The 
company asserted that the tires meet or exceed all of the performance 
requirements of FMVSS No. 139.
    (b) CTA noted that NHTSA has concluded in response to numerous 
other petitions that this type of noncompliance is inconsequential to 
motor vehicle safety. CTA referenced notices that NHTSA has published 
in

[[Page 46765]]

the Federal Register granting the following inconsequentiality 
petitions:
     Petition of Hankook Tire America Corp., 79 FR 30688 (May 
28, 2014);
     Petition of Bridgestone Americas Tire Operations, LLC, 78 
FR 47049 (August 2, 2013);
     Petition of Cooper Tire & Rubber Company, 78 FR 47050 
(August 2, 2013).
    (c) CTA states that all tires covered by its petition meet or 
exceed the performance requirements of FMVSS No. 139, as well as the 
other labeling requirements of the standard.
    (d) CTA also states that it is not aware of any crashes, injuries, 
customer complaints, or field reports associated with the subject 
noncompliance.
    CTA additionally informed NHTSA that it has quarantined all 
existing inventory of the tires that contain the noncompliant tire 
sidewall labeling and has corrected the molds at the manufacturing 
plant so that no additional tires will be manufactured with the 
noncompliance.
    In summation, CTA believes that the described noncompliance is 
inconsequential as it relates to motor vehicle safety, and that its 
petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and to remedy the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA'S Decision

    NHTSA'S Analysis: The agency agrees with CTA that the noncompliance 
is inconsequential to motor vehicle safety. The agency believes that 
one measure of inconsequentiality to motor vehicle safety in this case 
is that there is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted. The safety of 
people working in the tire retread, repair and recycling industries 
must also be considered and is a measure of inconsequentiality.
    Although tire construction affects the strength and durability of 
tires, 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 in the tread sidewall. Therefore, tire dealers and 
customers should consider the tire construction information along with 
other information such as the 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 also believes the noncompliance will have no measureable 
effect on the safety of the 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 sidewalls are marked correctly for the number of steel 
plies, this potential safety concern does not exist.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that CTA has met its burden of persuasion that the subject FMVSS No. 
139 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, CTA's petition is hereby granted and CTA 
is consequently exempted from the obligation of providing notification 
of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 
30120.
    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 equipment distributors and 
dealers from 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 exists.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-16843 Filed 7-15-16; 8:45 am]
 BILLING CODE 4910-59-P