Continental Tire the Americas, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 31092-31094 [2015-13109]
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31092
Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
nongovernmental organizations, think
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For further information, please
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civilengagement@state.gov.
Dated: May 23, 2015.
James F. Thompson,
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State.
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2015–0016]
Agency Information Collection Activity
Under OMB Review
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
The Federal Transit
Administration invites public comment
about its intention to request the Office
of Management and Budget’s (OMB)
approval to extend the approval of the
following information collection:
SUMMARY:
[FR Doc. 2015–13115 Filed 5–29–15; 8:45 am]
49 U.S.C. Section 5316—Job Access and
Reverse Commute (JARC) Program
The information collected is
necessary to permit an assessment of
DEPARTMENT OF STATE
program effectiveness and ensure the
proper and timely expenditure of
[Public Notice: 9156]
federal funds within the scope of the
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Notice of Meeting of Advisory
with a 60-day comment period soliciting
Committee on International Law
comments for the (JARC) Program was
published on March 15, 2015 (Citation
A meeting of the Department of
80 FR 51). No comments were received
State’s Advisory Committee on
from that notice.
International Law will take place on
DATES: Comments must be submitted
Friday, June 26, from 9:30 a.m. to 5:00
before July 1, 2015. A comment to OMB
p.m. at the George Washington
is most effective if OMB receives it
University Law School, Michael K.
within 30 days of publication.
Young Faculty Conference Center, 716
ADDRESSES: All written comments must
20th Street NW., 5th Floor, Washington,
DC. Acting Legal Adviser Mary McLeod refer to the docket number that appears
at the top of this document and be
will chair the meeting, which will be
submitted to the Office of Information
open to the public up to the capacity of
and Regulatory Affairs, Office of
the conference room. The meeting will
Management and Budget, 725 17th
include discussions on a variety of
Street NW., Washington, DC 20503,
international law topics.
Attention: FTA Desk Officer.
Members of the public who wish to
FOR FURTHER INFORMATION CONTACT: Tia
attend should contact the Office of the
Swain, Office of Administration, Office
Legal Adviser by June 22 at thorntonnc@ of Management Planning, (202) 366–
state.gov or 202–776–8356 and provide
0354.
their name, professional affiliation,
SUPPLEMENTARY INFORMATION:
address, and phone number. A valid
Title: Job Access and Reverse
photo ID is required for admission to the Commute Program
meeting. Attendees who require
(OMB Number: 2132–0563)
reasonable accommodation should make
Abstract: The Job Access and Reverse
their requests by June 19. Late requests
Commute (JARC) Program authorized
will be considered but might not be
federal funding to states for areas with
possible to accommodate.
a population of less than 200,000 and
designated recipients in urbanized areas
Dated: May 20, 2015.
of 200,000 persons to address the
Nicole C. Thornton,
unique transportation challenges faced
Attorney-Adviser, Office of the Legal Adviser,
by welfare recipients and low-income
Executive Director, Advisory Committee on
persons seeking to get and keep jobs.
International Law, United States Department
The (JARC) program has had a dramatic
of State.
impact on the lives of thousands of
[FR Doc. 2015–13114 Filed 5–29–15; 8:45 am]
welfare recipients and low-income
BILLING CODE 4710–08–P
families, helping individuals
successfully transition from welfare to
work and reach needed employment
support services such as childcare and
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BILLING CODE 4710–10–P
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job training activities. On October 1,
2013, the (JARC) Program was repealed
by Congress under the Moving Ahead
for Progress in the 21st Century Act
(MAP–21). However, to meet federal
program oversight responsibilities, FTA
must continue to collect information
under the project management stage;
until the period of availability expires;
the funds are fully expended; the funds
are rescinded by Congress; or the funds
are otherwise reallocated.
Estimated Total Annual Burden:
52,080 hours.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Matthew M. Crouch,
Associate Administrator for Administration.
[FR Doc. 2015–13065 Filed 5–29–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0107; Notice 2]
Continental Tire the Americas, LLC,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
Continental Tire the
Americas, LLC (CTA) has determined
that certain Continental General
Altimax RT43 replacement tires do not
fully comply with paragraphs S5.5(c)
and (f) of Federal Motor Vehicle Safety
Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light
Vehicles. CTA has filed an appropriate
report dated August 19, 2014, pursuant
to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
ADDRESSES: For further information on
this decision contact Abraham Diaz,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
SUMMARY:
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Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
(202) 366–5310, facsimile (202) 366–
5930.
Lhorne on DSK2VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
I. CTA’s Petition: Pursuant to 49
U.S.C. 30118(d) and 30120(h) (see
implementing rule 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 November 21, 2014
in the Federal Register (79 FR 69554).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov./. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2014–
0107.’’
II. Tires Involved: Affected are
approximately 814 replacement tires
that were manufactured for sale in the
United States and Canada. CTA states
that 181 of the replacement tires are still
under their control. CTA further
identified the tires as General Altimax
RT43 brand 195/65R15 91T passenger
car tires and General Altimax RT43
brand 195/65R15 91H passenger car
tires.
III. Noncompliance: CTA explains
that the noncompliance is that due to a
mold labeling error the sidewall
markings on both tires incorrectly
describe the maximum inflation
pressure as required by paragraph 5.5 (c)
and the actual number plies in the tread
area of the tires as required by
paragraph S5.5(f) of FMVSS No. 139.
Specifically, the 195/65R15 91T General
Altimax RT43 tires were manufactured
with ‘‘Max Inflation Pressure: 350 kPa
(51 PSI); Tread: 1 Polyester + 2 Steel +
2 Polyamide.’’ The correct labeling and
stamping should have been ‘‘Max
Inflation Pressure: 300 kPa (44 PSI);
Tread: 1 Polyester + 2 Steel + 1
Polyamide.’’ The 195/65R15 91H
General Altimax RT43 tires were
manufactured with ‘‘Max Inflation
Pressure 300 kPa (44 PSI); Tread: 1
Polyester + 2 Steel + 1 Polyamide.’’ The
correct labeling and stamping should
have been ‘‘Max Inflation Pressure 350
kPa (51 PSI); Tread: 1 Polyester + 2 Steel
+ 2 Polyamide.’’
IV. Rule Text: Paragraph S5.5(c) and
(f) of FMVSS No. 139 requires 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)
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14:50 May 29, 2015
Jkt 235001
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 . . .
(C) The maximum permissible inflation
pressure, subject to the limitation of S5.5.4
through S5.5.6 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 Analyses: CTA
stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
(A) Number of Plies: CTA believes
that the mislabeling of the number of
plies on the subject tires has no impact
on the operational performance of the
subject tires or on the safety of vehicles
on which these tires are to be mounted.
CTA states that the subject tires also
meet or exceed all of the performance
requirements specified by FMVSS No.
139.
(B) Max Inflation Pressure: CTA
believes that the choice of the maximum
inflation pressure level is the decision
of the tire manufacturer, as long as it is
in compliance with the established
values under FMVSS No. 139 paragraph
S5.5.4. CTA also believes that the
maximum inflation pressure values of
350 kPa and 300 kPa on both tires are
acceptable choices and stated that both
tires can accommodate a maximum
pressure of 350 kPa (51 PSI).
(C) Overloading: CTA believes that
the use of either of the maximum
inflation pressures displayed on the
subject tire sidewalls as the source of
information for the recommended
inflation pressure will not result in an
overloading of the tires or their load
carrying capacity. CTA says this is
because both values (300 kPa and 350
kPa) are above the inflation pressure of
250 kPa (36 PSI) at which the tire’s
maximum load capacity is defined by
the European Tyre and Rim Technical
Organisation (ETRTO) standard.
(D) Strength: CTA stated that each
standard load tire has a specified tire
strength requirement which is defined
in paragraph S6.5 of FMVSS No. 139
(and paragraph S5.3 of FMVSS No. 109)
and must be met whether the selected
maximum permissible pressure marking
value is 240 kPa (35 PSI), 300 kPa (44
PSI), or 350 kPa (51 PSI). CTA believes
that both of the subject tires meet this
requirement.
(E) Incidents: CTA stated that they are
not aware of any crashes, injuries,
customer complaints, or field reports
associated with the subject
noncompliance.
(F) Previous Rulings: CTA made
mention that NHTSA has previously
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31093
granted tire companies
inconsequentiality exemptions relating
to errors in sidewall markings.
CTA has additionally informed
NHTSA that it has corrected the
noncompliance so that all future
production of the subject tires comply
with FMVSS No. 139.
In summation, CTA believes that the
described noncompliance of the subject
tires is inconsequential to motor vehicle
safety, and that its petition, to exempt
CTA 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 should be granted.
NHTSA Decision
NHTSA Analysis: Continental
explained that the subject tires, the 195/
65R15 91T General Altimax RT43 and
the 195/65R15 91H General Altimax
RT43, do not comply with paragraph
S5.5(c) FMVSS No. 139 because they
were manufactured with an incorrect
maximum permissible inflation pressure
value. The maximum permissible
inflation pressure for the 195/65R15 91T
General Altimax RT43 was marked as
350 KPA (51 PSI)and the maximum
permissible inflation pressure for the
195/65R15 91H General Altimax RT43
was marked as 300 KPA (44 PSI). The
correct maximum permissible inflation
pressure value for the 195/65R15 91T
General Altimax RT43 should have been
300 KPA (44 PSI) while the correct
maximum inflation pressure for the 195/
65R15 91H General Altimax RT43
should have been 350 KPA (51 PSI).
Continental stated that for the subject
195/65R15 standard load tires, both
maximum inflation pressures of 350
KPA and 300 KPA are acceptable
choices and both types of tires can
safely accommodate the maximum
inflation pressure of 350 KPA.
Continental stated that inflation of the
tires to the incorrect maximum pressure
value stamped on the sidewall will not
result in overloading of their load
carrying capacity since both values of
300 KPA and 350 KPA are above the
inflation pressure of 250 KPA at which
the tire’s maximum load capacity is
defined by the European Tyre and Rim
Technical Organisation (ETRTO). Thus,
the maximum load capacity of these
tires can be obtained with the stamped
pressures of 300 KPA and 350 KPA and
therefore following the maximum
permissible inflation pressure values on
the side wall of the tires will not lead
to inadvertent overloading.
NHTSA agrees that in the case of the
subject tires the noncompliances with
paragraph S5.5(c) of FMVSS No. 139 are
inconsequential to motor vehicle safety.
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31094
Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices
The mislabeling does not cause any
safety problems, such as increasing the
probability of tire failure, and it is
unlikely to result in unsafe use of the
tires.
The agency also believes that the
noncompliance of the subject tires with
the ply labeling requirements of
paragraph S5.5(f) of FMVSS No. 139 is
inconsequential to motor vehicle safety
because the noncompliance does not
affect the operational safety of the
vehicles on which these tires are
mounted. Although tire construction
affects the strength and durability,
information relating tire strength and
durability to the number of plies and
types of ply cord material in the tread
and sidewall is not readily available to
tire dealers and consumers. Therefore,
tire dealers and consumers 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 number of plies in a
tire.
NHTSA has also considered the safety
of personnel working in the tire retread,
repair, and recycling industries in
assessing whether the noncompliance of
the subject tires with paragraph S5.5(f)
FMVSS No. 139 is inconsequential to
motor vehicle safety. The agency
believes the noncompliance will have
no measurable effect on the safety of 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 sidewall is marked
correctly for the number of steel plies,
this potential safety concern does not
exist.
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
CTA has met its burden of persuasion
that the FMVSS No. 139 noncompliance
is inconsequential to motor vehicle
safety. Accordingly, CTA’s petition is
hereby granted and CTA is exempted
from the obligation of providing
notification of, and a 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
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14:50 May 29, 2015
Jkt 235001
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
noncompliant 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 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 CTA notified
them that the subject noncompliance
existed.
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. 2015–13109 Filed 5–29–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 290 (Sub-No. 377X)];
[Docket No. AB 1231X]
Norfolk Southern Railway Company—
Discontinuance of Service
Exemption—in Lucas County, Ohio;
Midwest Rail, LLC d/b/a/Toledo, Lake
Erie and Western Railway—
Discontinuance of Service
Exemption—in Lucas County, Ohio
Norfolk Southern Railway Company
(NSR) and Midwest Rail, LLC d/b/a
Toledo, Lake Erie and Western Railway
(TLEW) (collectively, applicants) have
jointly filed a verified notice of
exemption under 49 CFR part 1152
subpart F—Exempt Abandonments and
Discontinuances of Service for NSR to
discontinue rail service, and for TLEW
to discontinue lease operations, over
approximately 1.80-miles of rail line
owned by NSR between milepost TS
13.2 near Maumee, to milepost TS 15.0
at Waterville, in Lucas County, Ohio
(the Line). Applicants state that TLEW
originally obtained authority to operate
the Line in 2012; 1 however, TLEW did
not conduct any business on the Line
and eventually defaulted on the lease.
Thereafter, NSR cancelled the lease
pursuant to the terms of the parties’
contract, and NSR has been given power
of attorney to file for discontinuance of
TLEW’s lease operations on TLEW’s
1 Midwest Rail, LLC d/b/a Toledo, Lake Erie & W.
Ry.—Lease & Operation Exemption—Norfolk S. Ry.,
FD 35634 (STB served June 29, 2012).
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
behalf. The Line traverses United States
Postal Service Zip Codes 43537 and
43566.
Applicants have certified that: (1) No
local traffic has moved over the Line for
at least two years; (2) no overhead traffic
has moved over the Line for at least two
years and overhead traffic, if any, could
be rerouted over other lines; (3) no
formal complaint filed by a user of rail
service on the Line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the Line either is pending with the
Surface Transportation Board or with
any U.S. District Court or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.12
(newspaper publication) and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to these exemptions,
any employee adversely affected by the
discontinuance of service shall be
protected under Oregon Short Line
Railroad—Abandonment Portion
Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 360 I.C.C. 91 (1979). To
address whether this condition
adequately protects affected employees,
a petition for partial revocation under
49 U.S.C. 10502(d) must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) to subsidize continued
rail service has been received, these
exemptions will be effective on July 1,
2015, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues and
formal expressions of intent to file an
OFA to subsidize continued rail service
under 49 CFR 1152.27(c)(2) 2 must be
filed by June 11, 2015.3 Petitions to
reopen must be filed by June 22, 2015,
with the Surface Transportation Board,
395 E Street SW., Washington, DC
20423–0001.
A copy of any petition filed with the
Board should be sent to applicants’
representative: William A. Mullins,
Baker & Miller PLLC, 2401 Pennsylvania
Ave. NW., Suite 300, Washington, DC
20037.
If the notice contains false or
misleading information, these
exemptions are void ab initio.
Board decisions and notices are
available on our Web site at
‘‘www.stb.dot.gov.’’
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR
1002.2(f)(25).
3 Because applicants are seeking to discontinue
service, not to abandon the Line, trail use/rail
banking and public use conditions are not
appropriate.
E:\FR\FM\01JNN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31092-31094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13109]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0107; 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 Continental General Altimax RT43 replacement tires do not fully
comply with paragraphs S5.5(c) and (f) of Federal Motor Vehicle Safety
Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light
Vehicles. CTA has filed an appropriate report dated August 19, 2014,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports.
ADDRESSES: For further information on this decision contact Abraham
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone
[[Page 31093]]
(202) 366-5310, facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. CTA's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule 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 November 21, 2014 in the Federal Register (79
FR 69554). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov./. Then follow the
online search instructions to locate docket number ``NHTSA-2014-0107.''
II. Tires Involved: Affected are approximately 814 replacement
tires that were manufactured for sale in the United States and Canada.
CTA states that 181 of the replacement tires are still under their
control. CTA further identified the tires as General Altimax RT43 brand
195/65R15 91T passenger car tires and General Altimax RT43 brand 195/
65R15 91H passenger car tires.
III. Noncompliance: CTA explains that the noncompliance is that due
to a mold labeling error the sidewall markings on both tires
incorrectly describe the maximum inflation pressure as required by
paragraph 5.5 (c) and the actual number plies in the tread area of the
tires as required by paragraph S5.5(f) of FMVSS No. 139. Specifically,
the 195/65R15 91T General Altimax RT43 tires were manufactured with
``Max Inflation Pressure: 350 kPa (51 PSI); Tread: 1 Polyester + 2
Steel + 2 Polyamide.'' The correct labeling and stamping should have
been ``Max Inflation Pressure: 300 kPa (44 PSI); Tread: 1 Polyester + 2
Steel + 1 Polyamide.'' The 195/65R15 91H General Altimax RT43 tires
were manufactured with ``Max Inflation Pressure 300 kPa (44 PSI);
Tread: 1 Polyester + 2 Steel + 1 Polyamide.'' The correct labeling and
stamping should have been ``Max Inflation Pressure 350 kPa (51 PSI);
Tread: 1 Polyester + 2 Steel + 2 Polyamide.''
IV. Rule Text: Paragraph S5.5(c) and (f) of FMVSS No. 139 requires
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 . . .
(C) The maximum permissible inflation pressure, subject to the
limitation of S5.5.4 through S5.5.6 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 Analyses: CTA stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
(A) Number of Plies: CTA believes that the mislabeling of the
number of plies on the subject tires has no impact on the operational
performance of the subject tires or on the safety of vehicles on which
these tires are to be mounted. CTA states that the subject tires also
meet or exceed all of the performance requirements specified by FMVSS
No. 139.
(B) Max Inflation Pressure: CTA believes that the choice of the
maximum inflation pressure level is the decision of the tire
manufacturer, as long as it is in compliance with the established
values under FMVSS No. 139 paragraph S5.5.4. CTA also believes that the
maximum inflation pressure values of 350 kPa and 300 kPa on both tires
are acceptable choices and stated that both tires can accommodate a
maximum pressure of 350 kPa (51 PSI).
(C) Overloading: CTA believes that the use of either of the maximum
inflation pressures displayed on the subject tire sidewalls as the
source of information for the recommended inflation pressure will not
result in an overloading of the tires or their load carrying capacity.
CTA says this is because both values (300 kPa and 350 kPa) are above
the inflation pressure of 250 kPa (36 PSI) at which the tire's maximum
load capacity is defined by the European Tyre and Rim Technical
Organisation (ETRTO) standard.
(D) Strength: CTA stated that each standard load tire has a
specified tire strength requirement which is defined in paragraph S6.5
of FMVSS No. 139 (and paragraph S5.3 of FMVSS No. 109) and must be met
whether the selected maximum permissible pressure marking value is 240
kPa (35 PSI), 300 kPa (44 PSI), or 350 kPa (51 PSI). CTA believes that
both of the subject tires meet this requirement.
(E) Incidents: CTA stated that they are not aware of any crashes,
injuries, customer complaints, or field reports associated with the
subject noncompliance.
(F) Previous Rulings: CTA made mention that NHTSA has previously
granted tire companies inconsequentiality exemptions relating to errors
in sidewall markings.
CTA has additionally informed NHTSA that it has corrected the
noncompliance so that all future production of the subject tires comply
with FMVSS No. 139.
In summation, CTA believes that the described noncompliance of the
subject tires is inconsequential to motor vehicle safety, and that its
petition, to exempt CTA 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 should be granted.
NHTSA Decision
NHTSA Analysis: Continental explained that the subject tires, the
195/65R15 91T General Altimax RT43 and the 195/65R15 91H General
Altimax RT43, do not comply with paragraph S5.5(c) FMVSS No. 139
because they were manufactured with an incorrect maximum permissible
inflation pressure value. The maximum permissible inflation pressure
for the 195/65R15 91T General Altimax RT43 was marked as 350 KPA (51
PSI)and the maximum permissible inflation pressure for the 195/65R15
91H General Altimax RT43 was marked as 300 KPA (44 PSI). The correct
maximum permissible inflation pressure value for the 195/65R15 91T
General Altimax RT43 should have been 300 KPA (44 PSI) while the
correct maximum inflation pressure for the 195/65R15 91H General
Altimax RT43 should have been 350 KPA (51 PSI). Continental stated that
for the subject 195/65R15 standard load tires, both maximum inflation
pressures of 350 KPA and 300 KPA are acceptable choices and both types
of tires can safely accommodate the maximum inflation pressure of 350
KPA.
Continental stated that inflation of the tires to the incorrect
maximum pressure value stamped on the sidewall will not result in
overloading of their load carrying capacity since both values of 300
KPA and 350 KPA are above the inflation pressure of 250 KPA at which
the tire's maximum load capacity is defined by the European Tyre and
Rim Technical Organisation (ETRTO). Thus, the maximum load capacity of
these tires can be obtained with the stamped pressures of 300 KPA and
350 KPA and therefore following the maximum permissible inflation
pressure values on the side wall of the tires will not lead to
inadvertent overloading.
NHTSA agrees that in the case of the subject tires the
noncompliances with paragraph S5.5(c) of FMVSS No. 139 are
inconsequential to motor vehicle safety.
[[Page 31094]]
The mislabeling does not cause any safety problems, such as increasing
the probability of tire failure, and it is unlikely to result in unsafe
use of the tires.
The agency also believes that the noncompliance of the subject
tires with the ply labeling requirements of paragraph S5.5(f) of FMVSS
No. 139 is inconsequential to motor vehicle safety because the
noncompliance does not affect the operational safety of the vehicles on
which these tires are mounted. Although tire construction affects the
strength and durability, information relating tire strength and
durability to the number of plies and types of ply cord material in the
tread and sidewall is not readily available to tire dealers and
consumers. Therefore, tire dealers and consumers 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 number of plies in a tire.
NHTSA has also considered the safety of personnel working in the
tire retread, repair, and recycling industries in assessing whether the
noncompliance of the subject tires with paragraph S5.5(f) FMVSS No. 139
is inconsequential to motor vehicle safety. The agency believes the
noncompliance will have no measurable effect on the safety of 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 sidewall is marked
correctly for the number of steel plies, this potential safety concern
does not exist.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that CTA has met its burden of persuasion that the FMVSS No.
139 noncompliance is inconsequential to motor vehicle safety.
Accordingly, CTA's petition is hereby granted and CTA is exempted from
the obligation of providing notification of, and a 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 noncompliant 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 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 CTA
notified them that the subject noncompliance existed.
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. 2015-13109 Filed 5-29-15; 8:45 am]
BILLING CODE 4910-59-P
