Continental Tire the Americas, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 39192-39193 [2015-16640]

Download as PDF 39192 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices Dated: July 2, 2015. Stephanie L. Richardson, Secretary to the Commission. [FR Doc. 2015–16712 Filed 7–7–15; 8:45 am] BILLING CODE 7040–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on Change in Use of Aeronautical Property at Louisville International Airport, Louisville, Kentucky Federal Aviation Administration (FAA), DOT. ACTION: Request for Public Comment. AGENCY: The Federal Aviation Administration (FAA) is requesting public comment on a request by the Louisville Regional Airport Authority of Louisville, Kentucky, owner of the Louisville International Airport, to change a portion of airport property from aeronautical to non-aeronautical use at the Louisville International Airport. The request consists of approximately 0.91 acres to the Commonwealth of Kentucky for use as right-of-way for the relocated portion of Grade Lane. This action is taken under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21). SUMMARY: Comments must be received on or before August 7, 2015. ADDRESSES: Documents are available for review at the Louisville Regional Airport Authority, 700 Administration Drive, Louisville, KY 40209; and the FAA Memphis Airports District Office, 2600 Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118–2482. Written comments on the Sponsor’s request must be delivered or mailed to: Mr. Tommy L. Dupree, Assistant Manager, Memphis Airports District Office, 2600 Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118–2482. In addition, a copy of any comments submitted to the FAA must be mailed or delivered to Mr. Charles T. Miller, Executive Director, Louisville Regional Airport Authority, P.O. Box 9129, Louisville, KY 40209. FOR FURTHER INFORMATION CONTACT: Mr. Stephen Wilson, Community Planner, Federal Aviation Administration, Memphis Airports District Office, 2600 Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118–2482. The application may be reviewed in person at this same location, by appointment. srobinson on DSK5SPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 18:49 Jul 07, 2015 The FAA proposes to rule and invites public comment on the request to release property for non-aeronautical purposes at Louisville International Airport, Louisville, KY 40209 under the provisions of AIR 21 (49 U.S.C. 47107(h)(2)). On July 1, 2015, the FAA determined that the request to release property for non-aeronautical purposes at Louisville International Airport meets the procedural requirements of the agency. The FAA may approve the request, in whole or in part, no later than August 7, 2015. The following is a brief overview of the request: The Louisville Regional Airport Authority is proposing the release of approximately 0.91 acres to the Commonwealth of Kentucky for use as right-of-way for the relocated portion of Grade Lane. In turn, allowing U.S. Department of Homeland Security to enhance security for the KYANG base at the airport. This property is located along the existing airport eastern property line extending approximately 1,400 feet along I–65. Any person may inspect, by appointment, the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: Jkt 235001 Issued in Memphis, TN, on July 1, 2015. Tommy L. Dupree, Assistant Manager, Memphis Airports District Office, Southern Region. [FR Doc. 2015–16716 Filed 7–7–15; 8:45 am] BILLING CODE 4910–13–P 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 May 4, 2015 in the Federal Register (80 FR 25355). 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– 0030.’’ II. Tires Involved Affected are approximately 1,062 Continental brand TKC80 size 120/70– 19 M/C 60Q diagonal (bias) motorcycle replacement tires manufactured between April 8, 2012 and January 31, 2015. DEPARTMENT OF TRANSPORTATION III. Noncompliance National Highway Traffic Safety Administration CTA explains that the noncompliance is that the tire size designation marking on the sidewalls of the subject tires does not contain the correct construction code designator symbol from The Tire and Rim Association yearbook. Therefore, the tires do not fully comply with paragraph S6.5(c) of FMVSS No. 119 because the tire size designation is not as listed in the documents and publications designated in S5.1. Specifically, the tires were marked with the construction code designator ‘‘B’’ indicating bias-belted construction and should have been marked with the designator ‘‘-’’ indicating diagonal (bias) construction. [Docket No. NHTSA–2015–0030; 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 brand TKC80 diagonal (bias) motorcycle replacement tires do not fully comply with paragraph S6.5(c) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Radial Tires for motor vehicles with a GVWR of more than 4,536 Kilograms (10,000 pounds) and Motorcycles. CTA has filed an appropriate report dated February 18, SUMMARY: PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 IV. Rule Text Paragraph S6.5 of FMVSS No. 119 requires in pertinent part: S6.5 Tire Markings. Except as specified in paragraphs, each tire shall be marked on each sidewall with the information specified in paragraphs (a) through (j) of this section . . . E:\FR\FM\08JYN1.SGM 08JYN1 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices (c) The tire size designation as listed in the documents and publications designated in S5.1. srobinson on DSK5SPTVN1PROD with NOTICES 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) CTA notes that the only improper marking on the sidewall of the subject tires is the use of the letter character ‘‘B’’ in the tire size designation instead of a hyphen character ‘‘-,’’ and that from its experience it believes that most motorcycle tire consumers do not understand the differences in tire construction and therefore do not base tire purchases on the tire construction type. (B) CTA stated that the subject tires were built as designed and that the performance requirements and testing requirements specified in FMVSS No. 119 are exactly the same for both biasbelted and diagonal (bias) tires. (C) CTA believes that the subject noncompliance has no impact on the safety of vehicles on which the subject tires are mounted and that the subject tires meet or exceed all the performance requirement of FMVSS No. 119. (D) CTA also stated that it is not aware of any crashes, injuries, customer complaints, or field reports associated with the subject noncompliance. CTA additionally informed NHTSA that the molds at the manufacturing plant have been corrected so that no additional tires will be manufactured or sold with the 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: CTA acknowledges that the subject tires were wrongly stamped with the size marking ‘‘120/70B19 M/C 60Q,’’ which includes the construction code designator ‘‘B’’ that incorrectly indicates bias-belted ply construction. The tires should have been marked ‘‘120/70-19M/ C 60Q,’’ which includes the hyphen ‘‘-’’ indicating diagonal (bias) ply construction. Because bias-belted motorcycle tires and diagonal (bias) motorcycle tires require the same rim specification, there is no additional possibility of confusion when mounting a bias-belted or a diagonal bias tire due to the noncompliance. VerDate Sep<11>2014 18:49 Jul 07, 2015 Jkt 235001 Furthermore, there is no additional safety risk of overloading or over pressurization due to the subject noncompliance because the maximum permissible pressures and maximum permissible loads for the subject tires as listed in the Tire and Rim Association Yearbook are the same for all three types of motorcycle tire ply construction; radial, diagonal (bias), and bias-belted. Because mislabeling has no impact on the operational performance or durability of these tires, or on the safety of vehicles on which these tires are mounted, NHTSA agrees with CTA that the noncompliance is inconsequential to motor vehicle safety. 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. 2015–16640 Filed 7–7–15; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 39193 DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics [Docket ID Number DOT–OST–2014–0031] Agency Information Collection; Activity Under OMB Review; Submission of Audit Reports—Part 248 Office of the Assistant Secretary for Research and Technology (OST–R), Bureau of Transportation Statistics (BTS), Department of Transportation. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for extension of currently approved collections. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on April 21, 2015 (80 FR 22264). No comments were received. DATES: Written comments should be submitted by August 7, 2015. FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline Information, RTS–42, Room E34, OST–R, BTS, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, Telephone Number (202) 366–4406, Fax Number (202) 366–3383 or E–MAIL jeff.gorham@dot.gov. Comments: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725–17th Street NW., Washington, DC 20503, Attention: OST Desk Officer. SUPPLEMENTARY INFORMATION: OMB Approval No. 2138–0004. Title: Submission of Audit Reports— Part 248. Form No.: None. Type Of Review: Extension of a currently approved collection. Respondents: Large certificated air carriers. Number of Respondents: 63. Number of Responses: 63. Total Annual Burden: 20 hours. Needs and Uses: BTS collects independent audited financial reports from U.S. certificated air carriers. Carriers not having an annual audit must file a statement that no such audit has been performed. In lieu of the audit report, BTS will accept the annual report submitted to the stockholders. The audited reports are needed by the SUMMARY: E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39192-39193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16640]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0030; 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 brand TKC80 diagonal (bias) motorcycle replacement 
tires do not fully comply with paragraph S6.5(c) of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Radial Tires for 
motor vehicles with a GVWR of more than 4,536 Kilograms (10,000 pounds) 
and Motorcycles. CTA has filed an appropriate report dated February 18, 
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 May 4, 2015 in the Federal Register (80 
FR 25355). 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-2015-0030.''

II. Tires Involved

    Affected are approximately 1,062 Continental brand TKC80 size 120/
70-19 M/C 60Q diagonal (bias) motorcycle replacement tires manufactured 
between April 8, 2012 and January 31, 2015.

III. Noncompliance

    CTA explains that the noncompliance is that the tire size 
designation marking on the sidewalls of the subject tires does not 
contain the correct construction code designator symbol from The Tire 
and Rim Association yearbook. Therefore, the tires do not fully comply 
with paragraph S6.5(c) of FMVSS No. 119 because the tire size 
designation is not as listed in the documents and publications 
designated in S5.1. Specifically, the tires were marked with the 
construction code designator ``B'' indicating bias-belted construction 
and should have been marked with the designator ``-'' indicating 
diagonal (bias) construction.

IV. Rule Text

    Paragraph S6.5 of FMVSS No. 119 requires in pertinent part:

    S6.5 Tire Markings. Except as specified in paragraphs, each tire 
shall be marked on each sidewall with the information specified in 
paragraphs (a) through (j) of this section . . .

[[Page 39193]]

    (c) The tire size designation as listed in the documents and 
publications designated in S5.1.

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) CTA notes that the only improper marking on the sidewall of the 
subject tires is the use of the letter character ``B'' in the tire size 
designation instead of a hyphen character ``-,'' and that from its 
experience it believes that most motorcycle tire consumers do not 
understand the differences in tire construction and therefore do not 
base tire purchases on the tire construction type.
    (B) CTA stated that the subject tires were built as designed and 
that the performance requirements and testing requirements specified in 
FMVSS No. 119 are exactly the same for both bias-belted and diagonal 
(bias) tires.
    (C) CTA believes that the subject noncompliance has no impact on 
the safety of vehicles on which the subject tires are mounted and that 
the subject tires meet or exceed all the performance requirement of 
FMVSS No. 119.
    (D) CTA also stated that it is not aware of any crashes, injuries, 
customer complaints, or field reports associated with the subject 
noncompliance.
    CTA additionally informed NHTSA that the molds at the manufacturing 
plant have been corrected so that no additional tires will be 
manufactured or sold with the 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: CTA acknowledges that the 
subject tires were wrongly stamped with the size marking ``120/70B19 M/
C 60Q,'' which includes the construction code designator ``B'' that 
incorrectly indicates bias-belted ply construction. The tires should 
have been marked ``120/70-19M/C 60Q,'' which includes the hyphen ``-'' 
indicating diagonal (bias) ply construction.
    Because bias-belted motorcycle tires and diagonal (bias) motorcycle 
tires require the same rim specification, there is no additional 
possibility of confusion when mounting a bias-belted or a diagonal bias 
tire due to the noncompliance.
    Furthermore, there is no additional safety risk of overloading or 
over pressurization due to the subject noncompliance because the 
maximum permissible pressures and maximum permissible loads for the 
subject tires as listed in the Tire and Rim Association Yearbook are 
the same for all three types of motorcycle tire ply construction; 
radial, diagonal (bias), and bias-belted.
    Because mislabeling has no impact on the operational performance or 
durability of these tires, or on the safety of vehicles on which these 
tires are mounted, NHTSA agrees with CTA that the noncompliance is 
inconsequential to motor vehicle safety.
    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. 2015-16640 Filed 7-7-15; 8:45 am]
 BILLING CODE 4910-59-P