Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 66613-66614 [2015-27610]

Download as PDF Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, the decision only applies to the subject tires that Goodyear 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 Goodyear 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. 2015–27611 Filed 10–28–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0098; Notice 1] Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Continental Tire the Americas, LLC (CTA), has determined that certain Continental Tire T-type spare tires do not fully comply with paragraph S4.3(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New Pneumatic and Certain Specialty Tires. CTA has filed an appropriate report dated August 25, 2015 and amended on October 1, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: The closing date for comments on the petition is November 30, 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 • 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 close of business on the closing date indicated above will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. SUPPLEMENTARY INFORMATION: I. Overview: 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. This notice of receipt of CTA’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 66613 II. Tires Involved: Affected are approximately 3,627 Continental Tire CST 17 size T125/70R17 98M temporary spare tires sold to General Motors and also in small quantities in the replacement market. These tires were manufactured between March 18, 2012 and April 11, 2015. III. Noncompliance: CTA explains that the noncompliance is that the tire size designation markings on the sidewalls of the subject tires do not contain the tire type code designator symbol from The Tire and Rim Association yearbook as required by paragraph S4.3(a) of FMVSS No. 109. Specifically, the subject tire size reads ‘‘125/70R17 98M’’ but should read ‘‘T125/70R17 98M’’ indicating the tire is a spare tire and for temporary use. IV. Rule Text: Paragraph S4.3(a) of FMVSS No. 109 requires in pertinent part: S4.3 Labeling Requirements. Except as provided in S4.3.1 and S4.3.2 of this standard, each tire, except for those certified to comply with S5.5 of § 571.139, shall have permanently molded into or onto both sidewalls, in letters and numerals not less than 0.078 inches high, the information shown in paragraphs S4.3(a) through (g) of this standard. On at least one sidewall, the information shall be positioned in an area between the maximum section width and bead of the tire, unless the maximum section width of the tire falls between the bead and one-fourth of the distance from the bead to the shoulder of the tire . . . (a) One size designation, except that equivalent inch and metric size designations may be used; . . . V. Summary of CTA’s Analyses: CTA stated that the only missing marking on the sidewalls of the affected tires is the letter ‘‘T’’ as part of the size designation. CTA also stated its belief that the omission of the tire size designation markings has no impact on the operational performance or durability of these tires or on the safety of vehicles on which these tires may be mounted and that the affected tires cannot be confused with normal P-metric or metric passenger tires for the following reasons: 1. Both sidewalls of the affected tires have permanently molded letters that are 1⁄2 inch tall with the words ‘‘TEMPORARY USE ONLY.’’ 2. Both sidewalls of the affected tires have permanently molded letters and numerals that are 1⁄2 inch tall with the words ‘‘INFLATE TO 420KPA (60PSI),’’ as required by section S4.3.5 of FMVSS No. 109. 3. The affected tires are intended as a spare tire for the Chevy Impala, which is equipped with four ground tires of size P235[/]55R17 98W. Thus, the ground tires are significantly different in E:\FR\FM\29OCN1.SGM 29OCN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 66614 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices width (approximately four inches wider) and in diameter (approximately three inches larger). The affected tires also have a starting tread depth of only 3⁄32 inch, whereas a typical P-metric or metric passenger tire has a much deeper tread depth of approximately 10⁄32 inch. CTA notes that they are not aware of any crashes, injuries, customer complaints or field reports associated with this noncompliance. CTA informed NHTSA that it has corrected the mold at the manufacturing plant so that no additional tires will be manufactured with the subject noncompliance and that all remaining CTA inventory of the subject tires in their possession have been scrapped. CTA stated its belief that NHTSA has previously granted inconsequential noncompliance petitions regarding noncompliances that they believe are similar to 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 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, any decision on this petition only applies to the subject tires that CTA no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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. 2015–27610 Filed 10–28–15; 8:45 am] BILLING CODE 4910–59–P VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0041; Notice 2] Tireco, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Tireco, Inc., (Tireco) has determined that certain Tireco Traction tires do not fully comply with paragraph S6.5(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More than 4,536 Kilograms (10,000 pounds) and Motorcycles. Tireco has filed an appropriate report dated March 30, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: For further information on this decision contact Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5310, facsimile (202) 366– 5930. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Tireco 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 June 11, 2015 in the Federal Register (80 FR 33333). 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– 0041.’’ II. Tires Involved: Affected are approximately 1,600 Tireco Power King Traction size 8.25–20E/10, Power King Traction size 9.00–20 E/10, Milestar Traction size 8.25–20 E/10, and Milestar Traction size 9.00–20 E/10 tires. These tires were manufactured between March 1, 2014 and March 22, 2015. III. Noncompliance: Tireco explains that the noncompliance is that the Tire Information Numbers (TINs) required to PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 be marked on the tire sidewalls by paragraph S6.5(b) of FMVSS No. 119 are incomplete because they do not include the tire size codes required by 49 CFR part 574.5(b). IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 requires in pertinent part: S6.5 Tire Markings. Except as specified in this paragraph, each tire shall be marked on each sidewall with the information in paragraph (a) through (j) of this section. The markings shall be placed between the maximum section width (exclusive of sidewall decorations or curb ribs) and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area which is not more than one-fourth of the distance from the bead to the shoulder of the tire. If the maximum section width falls within that area, the markings shall appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings shall be in letters and numerals not less than 2 mm (0.078 inch) high and raised above or sunk below the tire surface not less than 0.4 mm (0.015 inch), except that the marking depth shall be not less than 0.25mm (0.010 inch) in the case of motorcycle tires. The tire identification and the DOT symbol labeling shall comply with part 574 of this chapter. Markings may appear on only one sidewall and the entire sidewall area may be used in the case of motorcycle tires and recreational, boat, baggage, and special trailer tires . . . (b) The tire identification number required by part 574 of this chapter. This number may be marked on only one sidewall. . . . V. Summary of TIRECO’s Arguments: Tireco state its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Tireco believes that the absence of the tire size code from the TIN has no impact on the operational performance of the subject tires or on the safety of vehicles on which the subject tires are mounted because the subject tires meet or exceed all of the applicable performance requirements specified by FMVSS No. 119. (B) Tireco states that even though the size code is absent from the TIN, the tire size information is readily available to consumers in a more understandable way by virtue of the actual tire size marking on the sidewalls. (C) Tireco also states that in the unlikely event that any of the subject tires are ever found to contain a defect or a substantive noncompliance that would warrant a recall, the recalled tires could be adequately identified through the partial [T]IN that is stamped on the sidewall. (D) Tireco referenced inconsequentiality petitions NHTSA has previously granted in the past that have E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66613-66614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27610]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0098; Notice 1]


Continental Tire the Americas, LLC, Receipt of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Continental Tire the Americas, LLC (CTA), has determined that 
certain Continental Tire T-type spare tires do not fully comply with 
paragraph S4.3(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
109, New Pneumatic and Certain Specialty Tires. CTA has filed an 
appropriate report dated August 25, 2015 and amended on October 1, 
2015, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

DATES: The closing date for comments on the petition is November 30, 
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, self-addressed 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 close of business on the closing date indicated above will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION: 
    I. Overview: 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.
    This notice of receipt of CTA's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Tires Involved: Affected are approximately 3,627 Continental 
Tire CST 17 size T125/70R17 98M temporary spare tires sold to General 
Motors and also in small quantities in the replacement market. These 
tires were manufactured between March 18, 2012 and April 11, 2015.
    III. Noncompliance: CTA explains that the noncompliance is that the 
tire size designation markings on the sidewalls of the subject tires do 
not contain the tire type code designator symbol from The Tire and Rim 
Association yearbook as required by paragraph S4.3(a) of FMVSS No. 109. 
Specifically, the subject tire size reads ``125/70R17 98M'' but should 
read ``T125/70R17 98M'' indicating the tire is a spare tire and for 
temporary use.
    IV. Rule Text: Paragraph S4.3(a) of FMVSS No. 109 requires in 
pertinent part:

    S4.3 Labeling Requirements. Except as provided in S4.3.1 and 
S4.3.2 of this standard, each tire, except for those certified to 
comply with S5.5 of Sec.  571.139, shall have permanently molded 
into or onto both sidewalls, in letters and numerals not less than 
0.078 inches high, the information shown in paragraphs S4.3(a) 
through (g) of this standard. On at least one sidewall, the 
information shall be positioned in an area between the maximum 
section width and bead of the tire, unless the maximum section width 
of the tire falls between the bead and one-fourth of the distance 
from the bead to the shoulder of the tire . . .
    (a) One size designation, except that equivalent inch and metric 
size designations may be used; . . .

    V. Summary of CTA's Analyses: CTA stated that the only missing 
marking on the sidewalls of the affected tires is the letter ``T'' as 
part of the size designation.
    CTA also stated its belief that the omission of the tire size 
designation markings has no impact on the operational performance or 
durability of these tires or on the safety of vehicles on which these 
tires may be mounted and that the affected tires cannot be confused 
with normal P-metric or metric passenger tires for the following 
reasons:
    1. Both sidewalls of the affected tires have permanently molded 
letters that are \1/2\ inch tall with the words ``TEMPORARY USE ONLY.''
    2. Both sidewalls of the affected tires have permanently molded 
letters and numerals that are \1/2\ inch tall with the words ``INFLATE 
TO 420KPA (60PSI),'' as required by section S4.3.5 of FMVSS No. 109.
    3. The affected tires are intended as a spare tire for the Chevy 
Impala, which is equipped with four ground tires of size P235[/]55R17 
98W. Thus, the ground tires are significantly different in

[[Page 66614]]

width (approximately four inches wider) and in diameter (approximately 
three inches larger).
    The affected tires also have a starting tread depth of only \3/32\ 
inch, whereas a typical P-metric or metric passenger tire has a much 
deeper tread depth of approximately \10/32\ inch.
    CTA notes that they are not aware of any crashes, injuries, 
customer complaints or field reports associated with this 
noncompliance.
    CTA informed NHTSA that it has corrected the mold at the 
manufacturing plant so that no additional tires will be manufactured 
with the subject noncompliance and that all remaining CTA inventory of 
the subject tires in their possession have been scrapped.
    CTA stated its belief that NHTSA has previously granted 
inconsequential noncompliance petitions regarding noncompliances that 
they believe are similar to 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 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, any decision on 
this petition only applies to the subject tires that CTA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on 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. 2015-27610 Filed 10-28-15; 8:45 am]
 BILLING CODE 4910-59-P