Continental Tire North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 17830-17831 [2010-7870]

Download as PDF 17830 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices page at: http://www.archives.gov/ federal_register. The FHWA anticipates that the MAC– FHWA will meet at least once a year, with meetings held in the Washington, DC, metropolitan area and the FHWA will publish notices in the Federal Register to announce the times, dates, and locations of these meetings. Meetings of the Council are open to the public and time will be provided in each meeting’s schedule for comments by members of the public. Attendance will necessarily be limited by the size of the meeting room. Members of the public may present oral or written comments at the meeting or may present written materials by providing copies to Ms. Fran Bents, Westat, 1650 Research Boulevard, Rockville, MD 20850–3195, (240) 314–7557, ten (10) days prior to the meeting. The agenda topics for the meetings will include a discussion of the following issues: (1) Barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies. Conclusion The eighth meeting of the Motorcyclist Advisory Council to the Federal Highway Administration will be held on May 13, 2010, at the Crystal City Marriott, 1999 Jefferson Davis Highway, Arlington, VA 22202 from 9 a.m. until 5 p.m. (Authority: Section 1914 of Pub. L. 109–59; Public L. 92–463, 5 U.S.C., App. II § 1) 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 http:// 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 http:// 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 http:// 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 http://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 http://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 
http://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