Continental Tire North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 71434-71435 [2011-29740]

Download as PDF 71434 Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices Evaluation Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493–6292) or Ms. Kimberly Toone, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6132). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, § 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to provide 60-days notice to the public for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)–(iv); 5 CFR 1320.8(d)(1)(i)–(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a ‘‘user friendly’’ format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501. Below is a brief summary of the currently approved information collection activities that FRA will submit for clearance by OMB as required under the PRA: Title: Railroad Trespasser Death Study. OMB Control Number: 2130–0563. Abstract: Trespasser deaths on railroad rights-of-way and other railroad property are the leading cause of fatalities attributable to railroad operations in the United States. In order to address this serious issue, interest groups, the railroad industry, and government (Federal, State, and local) must know more about the individuals who trespass. With such knowledge, specific educational programs, materials, and messages regarding the hazards and consequences of trespassing on railroad property can be developed and effectively distributed. Due to the lack of available demographic data, FRA proposes to conduct a follow-up study to the one released in 2008 titled, Rail Trespasser Fatalities; Developing Demographic Profile. That study used a private contractor to obtain additional demographic data for the time period of 2003–2005 from local county medical examiners so as to develop a general, regional profile of ‘‘typical’’ trespassers in order to target audiences with appropriate education and enforcement campaigns that will reduce the annual number of injuries and fatalities. Form Number(s): FRA F 6180.117. Affected Public: Businesses. REPORTING BURDEN Respondent universe Total annual responses Average time per response Form FRA F 6180.117 .......................... jlentini on DSK4TPTVN1PROD with NOTICES Form 100 County (Regional) Medical Examiners. 2,750 forms .......... 4 minutes .............. Respondent Universe: 100 County (Regional) Medical Examiners. Frequency of Submission: On occasion. Total Responses: 2,750. Estimated Total Annual Burden: 183 hours. Status: Extension without Change of a Currently Approved Collection. Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 1320.8(b)(3)(vi), FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Authority: 44 U.S.C. 3501–3520. Issued in Washington, DC on November 14, 2011. Michael Logue, Acting Director, Office of Financial Management, Federal Railroad Administration. [FR Doc. 2011–29736 Filed 11–16–11; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0024; Notice 2] Continental Tire North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. AGENCY: VerDate Mar<15>2010 17:51 Nov 16, 2011 Jkt 226001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 Total annual burden hours 183 hours. Grant of Petition for Decision of Inconsequential Noncompliance. ACTION: 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 (dated June 30, 2009). Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Continental has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. SUMMARY: E:\FR\FM\17NON1.SGM 17NON1 jlentini on DSK4TPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of Continental’s petition was published, with a 30-day public comment period, on April 7, 2010, in the Federal Register (75 FR 17830). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System Web site at: http:// www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2010–0024.’’ For further information on this decision, contact Mr. George Gillespie, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5299, facsimile (202) 366– 7002. 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. 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 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.’’ VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 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. NHTSA Decision: The agency agrees with Continental that the noncompliances are 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 noncompliances 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. 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 in 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 judgment, 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 ply material 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 do not contain steel plies, this potential safety concern does not exist. 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 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 71435 decision only applies to the 8,858 1 tires that Continental no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles. In consideration of the foregoing, NHTSA has decided that Continental has met its burden of persuasion that the subject FMVSS No. 139 labeling noncompliances are inconsequential to motor vehicle safety. Accordingly, Continental’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8 Issued on: November 7, 2011. Claude H. Harris, Director, Acting Associate Administrator for Enforcement. [FR Doc. 2011–29740 Filed 11–16–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request November 10, 2011. The Department of the Treasury will submit the following public information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the publication date of this notice. A copy of the submission may be obtained by calling the Bureau Information Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury PRA Clearance Officer, Department of the Treasury, 1750 Pennsylvania Avenue NW., Suite 11010, Washington, DC 20220. DATES: Written comments should be received on or before December 19, 2011 to be assured of consideration. Office of Financial Education and Financial Access OMB Number: 1505–XXXX. 1 Continental’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt Continental as a manufacturer from the notification and recall responsibilities of 49 CFR part 573 for 8,858 of the affected tires. However, the agency cannot relieve 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 Continental notified them that the subject noncompliance existed. E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71434-71435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29740]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0024; Notice 2]


Continental Tire North America, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petition for Decision of Inconsequential 
Noncompliance.

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SUMMARY: 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 (dated June 30, 2009).
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Continental has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C.

[[Page 71435]]

chapter 301 on the basis that this noncompliance is inconsequential to 
motor vehicle safety.
    Notice of receipt of Continental's petition was published, with a 
30-day public comment period, on April 7, 2010, in the Federal Register 
(75 FR 17830). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System Web 
site at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2010-0024.''
    For further information on this decision, contact Mr. George 
Gillespie, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5299, 
facsimile (202) 366-7002.
    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.
    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 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.
    NHTSA Decision: The agency agrees with Continental that the 
noncompliances are 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 noncompliances 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. 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 in 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 judgment, 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 ply material 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 do not contain steel plies, this potential 
safety concern does not exist.
    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 8,858 \1\ tires that Continental no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles.
---------------------------------------------------------------------------

    \1\ Continental's petition, which was filed under 49 CFR part 
556, requests an agency decision to exempt Continental as a 
manufacturer from the notification and recall responsibilities of 49 
CFR part 573 for 8,858 of the affected tires. However, the agency 
cannot relieve 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 Continental notified them that the subject 
noncompliance existed.
---------------------------------------------------------------------------

    In consideration of the foregoing, NHTSA has decided that 
Continental has met its burden of persuasion that the subject FMVSS No. 
139 labeling noncompliances are inconsequential to motor vehicle 
safety. Accordingly, Continental's petition is granted and the 
petitioner is exempted from the obligation of providing notification 
of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 
and 30120.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8

    Issued on: November 7, 2011.
Claude H. Harris,
Director, Acting Associate Administrator for Enforcement.
[FR Doc. 2011-29740 Filed 11-16-11; 8:45 am]
BILLING CODE 4910-59-P