Continental Tire North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 17830-17831 [2010-7870]
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
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(Authority: Section 1914 of Pub. L. 109–59;
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Issued on: March 29, 2010.
Victor M. Mendez,
Administrator.
[FR Doc. 2010–7777 Filed 4–6–10; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0024; Notice 1]
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Continental Tire North America, Inc.,
Receipt of Petition for Decision of
Inconsequential Noncompliance
Continental Tire North America,
Inc.,(Continental), has determined that
certain passenger car tires manufactured
between March of 2007 and June of
2009 did not fully comply with
paragraphs S5.5(e) and S5.5(f) of Federal
Motor Vehicle Safety Standards
(FMVSS) No. 139, New Pneumatic
Radial Tires for Light Vehicles.
Continental has filed an appropriate
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
report pursuant to 49 CFR Part 573,
Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), Continental has
petitioned 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 Continental’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.
Affected are approximately 28,169
size 235/55R18 100V SL Continental
brand CrossContact UHP model
passenger car tires manufactured
between March of 2007 and June of
2009 at Continental’s plant located in
Otrokovice, Czech Republic. A total of
8,858 of these tires have been delivered
to Continental’s customers. The
remaining tires (approximately 19,311)
are being held in Continental’s
possession until they can be correctly
relabeled.
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,
these provisions only apply to the tires
that have already passed from the
manufacturer to an owner, purchaser, or
dealer.
Paragraphs S5.5(e) and S5.5(f) of
FMVSS No. 139 require 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. The markings must be placed
between the maximum section width and the
bead on at least one sidewall, unless the
maximum section width of the tire is located
in an area that is not more than one-fourth
of the distance from the bead to the shoulder
of the tire. If the maximum section width
falls within that area, those markings must
appear between the bead and a point one-half
the distance from the bead to the shoulder of
the tire, on at least one sidewall. The
markings must be in letters and numerals not
less than 0.078 inches high and raised above
or sunk below the tire surface not less than
0.015 inches * * *
PO 00000
Frm 00150
Fmt 4703
Sfmt 4703
(e) The generic name of each cord material
used in the plies (both sidewall and tread
area) of the tire;
(f) The actual number of plies in the
sidewall, and the actual number of plies in
the tread area, if different * * *
Continental explains that the
noncompliance is that, due to a mold
stamping anomaly, the sidewall marking
on the tires incorrectly describes the
actual generic name and number of the
body plies. Specifically, the tires in
question were inadvertently
manufactured with ‘‘TREAD 6 PLIES: 2
POLYESTER + 2 STEEL + 2 NYLON;
SIDEWALL 2 PLY POLYESTER.’’ The
labeling should have been ‘‘TREAD 5
PLIES: 1 RAYON + 2 STEEL + 2
NYLON; SIDEWALL 1 PLY RAYON.’’
Continental states that all other sidewall
identification markings and safety
information are correct.
Continental states that it discovered
the mold stamping problem that caused
the non-compliance during a
specification change.
Continental argues that this noncompliant sidewall marking is
inconsequential to motor vehicle safety
as it ‘‘does not affect the safety,
performance and durability of the tire;
the tires were built as designed.’’ In
addition, Continental states that the
tires comply with all other NHTSA
requirements.
Continental said that it performs
ongoing compliance testing ‘‘to assure
tire performance’’ and that ‘‘all tires
included in this petition will meet or
exceed the performance requirements of
FMVSS 139.’’ Continental further states
that ‘‘there will be no operational impact
on the performance or safety of vehicles
on which these tires are mounted.’’
Continental points out that NHTSA
has previously granted similar petitions
for non-compliances in sidewall
marking.
Continental also stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Continental states that
it believes that because the
noncompliances are inconsequential to
motor vehicle safety that no corrective
action is warranted.
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 be submitted by any of the
following methods:
a. By mail addressed to: U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
E:\FR\FM\07APN1.SGM
07APN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
New Jersey Avenue, SE., Washington,
DC 20590.
b. By hand delivery 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 am to 5 pm except
Federal Holidays.
c. Electronically: by logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to 1–202–
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, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement in the
Federal Register was published on
April 11, 2000 (65 FR 19477–78).
You may view documents submitted
to a docket at the address and times
given above. You may also view the
documents on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets available at that Web site.
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.
Dates: Comment closing date: May 7,
2010.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8).
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
Issued on: April 1, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010–7870 Filed 4–6–10; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[DOT Docket Number NHTSA–2010–0010]
Reports, Forms, and Recordkeeping
Requirements
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for public comment on
extension of a currently approved
collection of information.
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Request (ICR) abstracted
below has been forwarded to the Office
of Management and Budget (OMB) for
review and comment. The ICR describes
the nature of the information collection
and their expected burden. The Federal
Register notice with a 60-day comment
period was published on January 27,
2010 (75 FR 4447).
DATES: Comments must be submitted to
OMB on or before May 7, 2010.
ADDRESSES: Comments must refer to the
OMB control number, 2127–0052, and
be sent to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503,
Attention NHTSA Desk Officer.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeffrey M. Woods, NHTSA, 1200 New
Jersey Avenue, SE., Room W43–467,
NVS–122, Washington, DC 20590. Mr.
Woods’ telephone number is (202) 366–
6206.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The 60-day notice was published on
January 27, 2010 (75 FR 4447) and no
comments were received. Therefore, the
Information Collection Request (ICR)
abstracted below has been forwarded to
the Office of Management and Budget
(OMB) for review and comment.
PO 00000
Frm 00151
Fmt 4703
Sfmt 4703
17831
Title: Brake Hose Manufacturers
Identification, Federal Motor Vehicle
Safety Standard (FMVSS) No. 106.
OMB Control Number: 2127–0052.
Form Number: This collection of
information uses no standard form.
Type of Request: Extension of a
currently approved collection of
information.
Abstract: 49 U.S.C. 30101 et seq., as
amended (‘‘the Safety Act’’), authorizes
NHTSA to issue Federal Motor Vehicle
Safety Standards (FMVSS). The Safety
Act mandates that in issuing any
Federal motor vehicle safety standards,
the agency is to consider whether the
standard is reasonable and appropriate
for the particular type of motor vehicle
or item of motor vehicle equipment for
which it is prescribed. Using this
authority, FMVSS No. 106, Brake Hoses,
was issued. This standard specifies
labeling and performance requirements
which apply to all manufacturers of
brake hoses and brake hose end fittings,
and to those who assemble brake hoses.
Prior to assembling or selling brake
hoses, these entities must register their
identification marks with NHTSA to
comply with the labeling requirements
of this standard. In accordance with the
Paperwork Reduction Act, the agency
must obtain OMB approval to continue
collecting labeling information.
Currently, there are 1,944
manufacturers of brake hoses and end
fittings, and brake hose assemblers,
registered with NHTSA. However, only
approximately 20 respondents annually
request to have their symbol added to or
removed from the NHTSA database. To
comply with this standard, each brake
hose manufacturer or assembler must
contact NHTSA and state that they want
to be added to or removed from the
NHTSA database of registered brake
hose manufacturers. This action is
usually initiated by the manufacturer
with a brief written request via U.S.
mail, facsimile, an e-mail message, or a
telephone call. Currently, a majority of
the requests are received via U.S. mail
and the follow-up paperwork is
conducted via facsimile, U.S. mail, or
electronic mail. The estimated cost for
complying with this regulation is $100
per hour. Therefore, the total annual
cost is estimated to be $3,000 (time
burden of 30 hours × $100 cost per
hour).
Affected Public: Business or other for
profit.
Estimated Annual Burden: 30 hours.
Estimated Number of Respondents:
20.
Comments are invited on: whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Department,
E:\FR\FM\07APN1.SGM
07APN1
]]>Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17830-17831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7870]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0024; Notice 1]
Continental Tire North America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance
Continental Tire North America, Inc.,(Continental), has determined
that certain passenger car tires manufactured between March of 2007 and
June of 2009 did not fully comply with paragraphs S5.5(e) and S5.5(f)
of Federal Motor Vehicle Safety Standards (FMVSS) No. 139, New
Pneumatic Radial Tires for Light Vehicles. Continental has filed an
appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Continental has petitioned 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 Continental'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.
Affected are approximately 28,169 size 235/55R18 100V SL
Continental brand CrossContact UHP model passenger car tires
manufactured between March of 2007 and June of 2009 at Continental's
plant located in Otrokovice, Czech Republic. A total of 8,858 of these
tires have been delivered to Continental's customers. The remaining
tires (approximately 19,311) are being held in Continental's possession
until they can be correctly relabeled.
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, these provisions
only apply to the tires that have already passed from the manufacturer
to an owner, purchaser, or dealer.
Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require 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. The markings
must be placed between the maximum section width and the bead on at
least one sidewall, unless the maximum section width of the tire is
located in an area that is not more than one-fourth of the distance
from the bead to the shoulder of the tire. If the maximum section
width falls within that area, those markings must appear between the
bead and a point one-half the distance from the bead to the shoulder
of the tire, on at least one sidewall. The markings must be in
letters and numerals not less than 0.078 inches high and raised
above or sunk below the tire surface not less than 0.015 inches * *
*
(e) The generic name of each cord material used in the plies
(both sidewall and tread area) of the tire;
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different * * *
Continental explains that the noncompliance is that, due to a mold
stamping anomaly, the sidewall marking on the tires incorrectly
describes the actual generic name and number of the body plies.
Specifically, the tires in question were inadvertently manufactured
with ``TREAD 6 PLIES: 2 POLYESTER + 2 STEEL + 2 NYLON; SIDEWALL 2 PLY
POLYESTER.'' The labeling should have been ``TREAD 5 PLIES: 1 RAYON + 2
STEEL + 2 NYLON; SIDEWALL 1 PLY RAYON.'' Continental states that all
other sidewall identification markings and safety information are
correct.
Continental states that it discovered the mold stamping problem
that caused the non-compliance during a specification change.
Continental argues that this non-compliant sidewall marking is
inconsequential to motor vehicle safety as it ``does not affect the
safety, performance and durability of the tire; the tires were built as
designed.'' In addition, Continental states that the tires comply with
all other NHTSA requirements.
Continental said that it performs ongoing compliance testing ``to
assure tire performance'' and that ``all tires included in this
petition will meet or exceed the performance requirements of FMVSS
139.'' Continental further states that ``there will be no operational
impact on the performance or safety of vehicles on which these tires
are mounted.''
Continental points out that NHTSA has previously granted similar
petitions for non-compliances in sidewall marking.
Continental also stated that it has corrected the problem that
caused these errors so that they will not be repeated in future
production.
In summation, Continental states that it believes that because the
noncompliances are inconsequential to motor vehicle safety that no
corrective action is warranted.
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 be submitted by
any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200
[[Page 17831]]
New Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery 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 am to 5 pm except Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at https://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
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 https://www.regulations.gov, including any personal information provided.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). DOT's complete Privacy
Act Statement in the Federal Register was published on April 11, 2000
(65 FR 19477-78).
You may view documents submitted to a docket at the address and
times given above. You may also view the documents on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets available at that Web site.
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.
Dates: Comment closing date: May 7, 2010.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).
Issued on: April 1, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-7870 Filed 4-6-10; 8:45 am]
BILLING CODE 4910-59-P
