Continental Tire the Americas, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 33331-33332 [2015-14252]

Download as PDF Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices ‘‘satisfactory’’ safety rating, will enable it to achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption (49 CFR 381.305(a)). The exemption is restricted to C.R. England’s CLP holders who have documentation that they have passed the CDL skills test. The exemption will enable these drivers to operate a CMV as a team driver without requiring the accompanying CDL holder be on duty and in the front seat while the vehicle is moving. Terms and Conditions of the Exemption Period of the Exemption This exemption from the requirements of 49 CFR 383.25(a)(1) is effective during the period of June 11, 2015 through June 12, 2017. The exemption will expire on June 12, 2017, 11:59 p.m. local time, unless renewed. Extent of the Exemption The exemption is contingent upon C.R. England maintaining USDOT registration, minimum levels of public liability insurance, and not being subject to any ‘‘imminent hazard’’ or other out-of-service (OOS) order issued by FMCSA. Each driver covered by the exemption must maintain a valid driver’s license and CLP with the required endorsements, not be subject to any OOS order or suspension of driving privileges, and meet all physical qualifications required by 49 CFR part 391. mstockstill on DSK4VPTVN1PROD with NOTICES Preemption During the period this exemption is in effect, no State may enforce any law or regulation that conflicts with or is inconsistent with the exemption with respect to a person or entity operating under the exemption (49 U.S.C. 31315(d)). FMCSA Accident Notification C.R. England must notify FMCSA within 5 business days of any accidents (as defined by 49 CFR 390.5) involving the operation of any of its CMVs while utilizing this exemption. The notification must be by email to MCPSD@DOT.GOV, and include the following information: a. Date of the accident, b. City or town, and State, in which the accident occurred, or which is closest to the scene of the accident, c. Driver’s name and driver’s license number, d. Vehicle number and State license number, e. Number of individuals suffering physical injury, f. Number of fatalities, VerDate Sep<11>2014 17:06 Jun 10, 2015 Jkt 235001 g. The police-reported cause of the accident, h. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations, and i. The total driving time and the total on-duty time of the CMV driver at the time of the accident. Termination The FMCSA does not believe the CLPholders covered by the exemption will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. Issued on: June 3, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015–14276 Filed 6–10–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0015; 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 replacement passenger car tires do not fully comply with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. CTA has filed an appropriate report dated January 7, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. ADDRESSES: For further information on this decision contact Abraham Diaz, Office of Vehicles Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5310, facsimile (202) 366– 5930. SUMMARY: 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. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 33331 Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the CTA’s petition was published, with a 30-day public comment period, on April 16, 2015 in the Federal Register (80 FR 20570). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2015– 0015.’’ II. Tires Involved: Affected are approximately 116,500 Continental ExtremeContact DWS size 225/45R17 91W, Continental ExtremeContact DW size 225/45R17 91W and General G-Max AS–03 size 225/45R17 91W passenger car tires. III. Noncompliance: CTA explains that the noncompliance is that due to mold labeling errors, the sidewall markings on the subject tires do not correctly describe the actual number of plies in the tread area of the tires as required by paragraph S5.5(f) of FMVSS No. 139. Specifically, the Continental ExtremeContact DWS size 225/45R17 91W tires were manufactured with ‘‘Tread 4 Plies: 1 Polyester + 2 Steel + 1 Polyamide.’’ The correct labeling and stamping should have been ‘‘Tread 5 Plies: 1 Polyester + 2 Steel + 2 Polyamide.’’ The Continental ExtremeContact DW size 225/45R17 91W tires were manufactured with ‘‘Tread 4 Plies: 1 Polyester + 2 Steel + 1 Polyamide.’’ The correct labeling and stamping should have been ‘‘Tread 5 Plies: 1 Polyester + 2 Steel + 2 Polyamide.’’ The General G-Max AS–03 size 225/45R17 91W tires were manufactured with ‘‘Plies: Tread: 1 Polyester + 2 Steel + 1 Polyamide.’’ The correct labeling and stamping should have been ‘‘Plies: Tread: 1 Polyester + 2 Steel + 2 Polyamide.’’ IV. Rule Text: Paragraph S5.5 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 . . . (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: E:\FR\FM\11JNN1.SGM 11JNN1 33332 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES (A) 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) CTA states that they are unaware of any accidents or injuries that have occurred as a result of this noncompliance. (C) CTA states that NHTSA has previously granted similar petitions for Inconsequential Noncompliances in the past. CTA has additionally informed NHTSA that it has corrected the subject noncompliance. 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’s Decision NHTSA’s Analysis of CTA’s Arguments: The agency agrees with CTA that the noncompliance is 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 noncompliance on the operational safety of the 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 to 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 judgement, 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. The agency believes the noncompliance will have no measureable effect on the safety of tire retread, repair and recycling industries. VerDate Sep<11>2014 17:06 Jun 10, 2015 Jkt 235001 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’s Decision: In consideration of the foregoing, NHTSA has decided that CTA has met its burden of persuasion that the noncompliance described 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 remedy for the subject noncompliance. 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 tires that CTA no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve tire 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 Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–14252 Filed 6–10–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0040; Notice 1] BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: BMW of North America, LLC, (BMW) a subsidiary of BMW AG in Munich, Germany, has determined that certain model year (MY) 2013 BMW 5 SUMMARY: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Series sedan passenger vehicles do not fully comply with paragraph S8.1.11 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. BMW has filed an appropriate report dated March 26, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. The closing date for comments on the petition is July 13, 2015. ADDRESSES: 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 submitted by any of the following methods: • Mail: Send comments by mail addressed 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. • Hand Deliver: Deliver comments by hand 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 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments 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 (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. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the DATES: E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33331-33332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14252]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0015; 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.

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SUMMARY: Continental Tire the Americas, LLC, (CTA), has determined that 
certain Continental replacement passenger car tires do not fully comply 
with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 139, New Pneumatic Radial Tires for Light Vehicles. CTA has filed 
an appropriate report dated January 7, 2015, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Abraham 
Diaz, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (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 CTA's petition was published, with a 30-
day public comment period, on April 16, 2015 in the Federal Register 
(80 FR 20570). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2015-0015.''
    II. Tires Involved: Affected are approximately 116,500 Continental 
ExtremeContact DWS size 225/45R17 91W, Continental ExtremeContact DW 
size 225/45R17 91W and General G-Max AS-03 size 225/45R17 91W passenger 
car tires.
    III. Noncompliance: CTA explains that the noncompliance is that due 
to mold labeling errors, the sidewall markings on the subject tires do 
not correctly describe the actual number of plies in the tread area of 
the tires as required by paragraph S5.5(f) of FMVSS No. 139. 
Specifically, the Continental ExtremeContact DWS size 225/45R17 91W 
tires were manufactured with ``Tread 4 Plies: 1 Polyester + 2 Steel + 1 
Polyamide.'' The correct labeling and stamping should have been ``Tread 
5 Plies: 1 Polyester + 2 Steel + 2 Polyamide.'' The Continental 
ExtremeContact DW size 225/45R17 91W tires were manufactured with 
``Tread 4 Plies: 1 Polyester + 2 Steel + 1 Polyamide.'' The correct 
labeling and stamping should have been ``Tread 5 Plies: 1 Polyester + 2 
Steel + 2 Polyamide.'' The General G-Max AS-03 size 225/45R17 91W tires 
were manufactured with ``Plies: Tread: 1 Polyester + 2 Steel + 1 
Polyamide.'' The correct labeling and stamping should have been 
``Plies: Tread: 1 Polyester + 2 Steel + 2 Polyamide.''
    IV. Rule Text: Paragraph S5.5 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 . . .
    (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:

[[Page 33332]]

    (A) 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) CTA states that they are unaware of any accidents or injuries 
that have occurred as a result of this noncompliance.
    (C) CTA states that NHTSA has previously granted similar petitions 
for Inconsequential Noncompliances in the past.
    CTA has additionally informed NHTSA that it has corrected the 
subject noncompliance.
    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's Decision

    NHTSA's Analysis of CTA's Arguments: The agency agrees with CTA 
that the noncompliance is 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 
noncompliance on the operational safety of the 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 to 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 judgement, 
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.
    The agency believes the noncompliance will have no measureable 
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's Decision: In consideration of the foregoing, NHTSA has 
decided that CTA has met its burden of persuasion that the 
noncompliance described 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 remedy for the subject 
noncompliance.
    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 tires that CTA no longer controlled at the 
time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve tire 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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14252 Filed 6-10-15; 8:45 am]
 BILLING CODE 4910-59-P