Continental Tire North America, LLC, Mootness of Petition for Decision of Inconsequential Noncompliance, 65050-65051 [2012-26159]

Download as PDF 65050 Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Notices ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Information contained in the Translator and Interpreter Records may be used by potential employers, credit institutions, rental offices etc., requesting verification of employment and/or earnings; and To provide officials of other U.S. government agencies information needed in the performance of official duties in support of the function for which the records were collected and maintained. The Department of State periodically publishes in the Federal Register its standard routine uses that apply to all of its Privacy Act systems of records. These notices appear in the form of a Prefatory Statement. These standard routine uses apply to the Translator and Interpreter Records, State-37. DISCLOSURE TO CONSUMER REPORTING AGENCIES: RETENTION AND DISPOSAL: None. 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RECORD SOURCE CATEGORIES: The individual; end-users of the contracted services; and various employees of the contracting office. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. 2012–26235 Filed 10–23–12; 8:45 am] BILLING CODE 4710–24–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0153; Notice 2] Continental Tire North America, LLC, Mootness of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of petition mootness. AGENCY: Continental Tire North America, LLC.1 (Continental), has determined that certain passenger car replacement tires manufactured in 2009, do not fully comply with paragraph S5.5(b) of Federal Motor Vehicle Safety Standard (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 August 10, 2010). 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. Notice of receipt of Continental’s petition was published, with a 30-day public comment period, on November 29, 2010, in the Federal Register (75 FR 73159). 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– 0153.’’ SUMMARY: RECORD ACCESS PROCEDURES: Individuals who wish to gain access to or amend records pertaining to them should write to the Director, Office of PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 1 Continental Tire North America, LLC. (Continental) is a replacement equipment manufacturer and importer that is incorporated in the state of Ohio. E:\FR\FM\24OCN1.SGM 24OCN1 wreier-aviles on DSK5TPTVN1PROD with Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Notices Contact Infromation: 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. Summary of Continental’s Petition: Affected are approximately 17,121 size 235/45ZR17 94W Continental brand Extremecontact DWS model passenger car tires manufactured from March 2009 to October 2009 at Continental’s plant located in Camacari-BA, Brasil. A total ¸ of approximately 16,245 of these tires have been delivered to Continental’s customers in the United States. Continental explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on the reference side of the tires incorrectly identifies the tire size code as ‘‘658R 3VR’’ when in fact it should be identified as ‘‘658P 3VR’’ in the tread area of the tires as required by paragraph S5.5(b). Continental also explains that while the noncompliant tires are mislabeled, all of the tires included in this petition meet or exceed the performance requirements of FMVSS No. 139. Continental argues that this noncompliance is inconsequential to motor vehicle safety because the noncompliant sidewall marking does not create an unsafe condition and all other labeling requirements have been met. Continental points out that NHTSA has previously granted similar petitions for non-compliances in sidewall marking. Continental additionally states that it has corrected the affected tire molds and all future production will have the correct material shown on the sidewall. In summation, Continental believes that the described noncompliance of its tires to meet the requirements of FMVSS No. 139 is inconsequential to motor vehicle safety, and that its petition, to exempt 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, and should be granted. NHTSA Decision: Inconsequential noncompliance petitions filed under 49 CFR Part 556 only apply to situations where there is a noncompliance with a Federal motor vehicle safety standard (FMVSS). In its petition, Continental stated that the tires in question have two different tire size codes, one on each sidewall. In discussions with NHTSA, subsequent to the notification of petition receipt, Continental explained that it has VerDate Mar<15>2010 17:18 Oct 23, 2012 Jkt 229001 designated both of the size codes for this tire model to have the same meaning and that either the full TIN or the partial TIN uniquely identifies these tires. Based on this, NHTSA has determined that the alleged tire sidewall labeling noncompliance described in the subject petition is not a noncompliance with FMVSS No. 139 or any other applicable FMVSS. Therefore, this petition is moot and no further action on the petition is warranted. Authority: (49 U.S.C. 30118, 30120: delegations of authority at CFR 1.95 and 501.8) Issued on: October 17, 2012. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2012–26159 Filed 10–23–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0118; Notice 1] Mazda North American Operations, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Receipt of Petition. AGENCY: Mazda North American Operations (MNAO),1 on behalf of Mazda Motor Corporation of Hiroshima, Japan (Mazda),2 has determined that certain Mazda brand motor vehicles manufactured between 2007 and 2012 for sale or lease in Puerto Rico, do not fully comply with paragraph S4.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. MNAO has filed an appropriate report dated June 21, 2012, 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), MNAO 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. This notice of receipt of MNAO’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of SUMMARY: 1 Mazda North American Operations, is a U.S. company that manufactures and imports motor vehicles. 2 Mazda Motor Corporation, is a Japanese company that manufactures motor vehicles. PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 65051 judgment concerning the merits of the petition. Vehicles Involved: Affected are approximately 16,748 Mazda brand motor vehicles manufactured between 2007 and 2012 for sale or lease in Puerto Rico. 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 subject 16,748 3 vehicles that MNAO no longer controlled at the time it determined that the noncompliance existed. Noncompliance: MNAO explains that the noncompliance is that certain Mazda brand motor vehicles sold in Puerto Rico were not delivered with the instruction statements required by paragraph S4.5(a) of FMVSS No 138 written in English. The instructions were provided in Spanish as part of the Spanish language version of the vehicle owner’s manual provided with the vehicles at first sale, however, no English version owner’s manuals were provided. Rule Text: Paragraph S4.5 of FMVSS No. 138 requires in pertinent part: S4.5 Written instructions. (a) Beginning on September 1, 2006, the owner’s manual in each vehicle certified as complying with S4.5 must provide an image of the Low Tire Pressure Telltale symbol (and an image of the TPMS Malfunction Telltale warning (‘‘TPMS’’), if a dedicated telltale is utilized for this function) with the following statement in English: Each tire, including the spare (if provided), should be checked monthly when cold and inflated to the inflation pressure recommended by the vehicle manufacturer on the vehicle placard or tire inflation pressure label. (If your vehicle has tires of a different size than the size indicated on the vehicle placard or tire inflation pressure label, you should determine the proper tire inflation pressure for those tires.) As an added safety feature, your vehicle has been equipped with a tire pressure monitoring system (TPMS) that illuminates a 3 MNAO’s petition, which was filed under 49 CFR Part 556, requests an agency decision to exempt MNAO as a vehicle manufacturer from the notification and recall responsibilities of 49 CFR Part 573 for the 16,748 affected vehicles. However, a decision on this petition will not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after MNAO notified them that the subject noncompliance existed. E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 65050-65051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26159]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0153; Notice 2]


Continental Tire North America, LLC, Mootness of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of petition mootness.

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SUMMARY: Continental Tire North America, LLC.\1\ (Continental), has 
determined that certain passenger car replacement tires manufactured in 
2009, do not fully comply with paragraph S5.5(b) of Federal Motor 
Vehicle Safety Standard (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 August 10, 2010).
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    \1\ Continental Tire North America, LLC. (Continental) is a 
replacement equipment manufacturer and importer that is incorporated 
in the state of Ohio.
---------------------------------------------------------------------------

    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.
    Notice of receipt of Continental's petition was published, with a 
30-day public comment period, on November 29, 2010, in the Federal 
Register (75 FR 73159). 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-2010-0153.''

[[Page 65051]]

    Contact Infromation: 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.
    Summary of Continental's Petition: Affected are approximately 
17,121 size 235/45ZR17 94W Continental brand Extremecontact DWS model 
passenger car tires manufactured from March 2009 to October 2009 at 
Continental's plant located in Cama[ccedil]ari-BA, Brasil. A total of 
approximately 16,245 of these tires have been delivered to 
Continental's customers in the United States.
    Continental explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of the tires 
incorrectly identifies the tire size code as ``658R 3VR'' when in fact 
it should be identified as ``658P 3VR'' in the tread area of the tires 
as required by paragraph S5.5(b).
    Continental also explains that while the noncompliant tires are 
mislabeled, all of the tires included in this petition meet or exceed 
the performance requirements of FMVSS No. 139. Continental argues that 
this noncompliance is inconsequential to motor vehicle safety because 
the noncompliant sidewall marking does not create an unsafe condition 
and all other labeling requirements have been met.
    Continental points out that NHTSA has previously granted similar 
petitions for non-compliances in sidewall marking.
    Continental additionally states that it has corrected the affected 
tire molds and all future production will have the correct material 
shown on the sidewall.
    In summation, Continental believes that the described noncompliance 
of its tires to meet the requirements of FMVSS No. 139 is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt 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, and should be granted.
    NHTSA Decision:
    Inconsequential noncompliance petitions filed under 49 CFR Part 556 
only apply to situations where there is a noncompliance with a Federal 
motor vehicle safety standard (FMVSS). In its petition, Continental 
stated that the tires in question have two different tire size codes, 
one on each sidewall. In discussions with NHTSA, subsequent to the 
notification of petition receipt, Continental explained that it has 
designated both of the size codes for this tire model to have the same 
meaning and that either the full TIN or the partial TIN uniquely 
identifies these tires. Based on this, NHTSA has determined that the 
alleged tire sidewall labeling noncompliance described in the subject 
petition is not a noncompliance with FMVSS No. 139 or any other 
applicable FMVSS. Therefore, this petition is moot and no further 
action on the petition is warranted.

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

    Issued on: October 17, 2012.
Claude H. Harris,
 Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-26159 Filed 10-23-12; 8:45 am]
BILLING CODE 4910-59-P