Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 16269-16270 [2016-06731]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices
location (E10L) during one production
week (3915) were affected. Tires with
the same SKU code were also curing in
another press (Z11L), but these tires
were stamped correctly. Cooper stated
that sorting of its internal inventories
revealed that for curing press E10L,
during DOT serial week 3915, there was
a total net cure of 518 tires, of which
180 tires have been accounted for in its
warehouse. There were 338 tires
distributed. Cooper made the final
determination that a noncompliance
exists as to those 338 tires on January
6, 2015.
5. Cooper states that the 338 subject
tires do meet and/or exceed all
performance requirements and all other
labeling and marking requirements of
FMVSS No. 139.
Furthermore, Cooper is not aware of
any crashes, injuries, customer
complaints, or field reports associated
with the subject tires.
Cooper has informed NHTSA that the
subject tires located in its inventory
count reconciliation have been returned
to the company’s Findlay, OH plant,
where they will be corrected prior to
being released for sale.
In summation, Cooper believes that
the described noncompliance is
inconsequential to motor vehicle safety,
and that its petition, to exempt Cooper
from providing recall notification of the
noncompliance, as required by 49
U.S.C. 30118, and remedying the
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 Cooper 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 Cooper notified
them that the subject noncompliance
existed.
VerDate Sep<11>2014
18:30 Mar 24, 2016
Jkt 238001
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. 2016–06730 Filed 3–24–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0003; 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 CTA 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
filed a report dated December 11, 2015,
pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports. CTA then petitioned NHTSA
under 49 CFR part 556 requesting a
decision that the subject noncompliance
is inconsequential to motor vehicle
safety.
SUMMARY:
The closing date for comments
on the petition is April 25, 2016.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments regarding this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and be 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 https://
www.regulations.gov/. Follow the online
DATES:
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
16269
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 comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated above will be filed in the
docket 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 also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All documents submitted to the
docket may be viewed by anyone at the
address and times given above. The
documents may also be viewed on the
Internet at https://www.regulations.gov
by following the online instructions for
accessing the dockets. The docket ID
number for this petition is shown in the
heading of this notice.
DOT’s complete Privacy Act
Statement is available for review in the
Federal Register published on April 11,
2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C.
30118(d) and 30120(h) (see
implementing regulations 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 1,800 General Tire brand
Grabber size LT265/75R16 112/109 Q
LRC tires that were manufactured
between December 10, 2010 and
September 9, 2013.
E:\FR\FM\25MRN1.SGM
25MRN1
16270
Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices
III. Noncompliance: CTA explains
that due to a mold error, the number of
tread plies indicated on the sidewall of
the subject tires does not match the
actual number of plies in the tire
construction. The tires are marked
‘‘PLIES: TREAD: 2 POLYESTER + 2
STEEL + 2 POLYAMIDE’’ whereas the
correct marking should be: ‘‘PLIES:
TREAD: 2 POLYESTER + 2 STEEL + 1
POLYAMIDE.’’ As a consequence, these
tires do not meet requirements specified
in paragraph S5.5(f) of FMVSS No. 139.
IV. Rule Text: Paragraph S5.5(f) of
FMVSS No. 139 states, in pertinent part:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
S5.5 Tire Markings. Except as specified in
paragraph (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 Petition: CTA
described the subject noncompliance
and stated its belief that the
noncompliance is inconsequential to
motor vehicle safety.
In support of its petition, CTA
submitted the following information
pertaining to the subject
noncompliance:
(a) CTA stated that the tires covered
by this petition are labeled with
incorrect information regarding the
number of tread plies. The company
noted that while the number of
polyester and steel plies indicated on
the sidewall is accurate, the number of
polyamide plies indicated is incorrect.
The company contended, however, that
this mislabeling has no impact on the
operational performance of these tires or
on the safety of vehicles on which these
tires are mounted. The company
asserted that the tires meet or exceed all
of the performance requirements of
FMVSS No. 139.
(b) CTA noted that NHTSA has
concluded in response to numerous
other petitions that this type of
noncompliance is inconsequential to
motor vehicle safety. CTA referenced
notices that NHTSA has published in
the Federal Register granting the
following inconsequentiality petitions:
• Petition of Hankook Tire America
Corp., 79 FR 30688 (May 28, 2014);
• Petition of Bridgestone Americas
Tire Operations, LLC, 78 FR 47049
(August 2, 2013);
• Petition of Cooper Tire & Rubber
Company, 78 FR 47050 (August 2,
2013).
(C) CTA states that all tires covered by
its petition meet or exceed the
VerDate Sep<11>2014
18:30 Mar 24, 2016
Jkt 238001
performance requirements of FMVSS
No. 139, as well as the other labeling
requirements of the standard.
(d) CTA also states that it is not aware
of any crashes, injuries, customer
complaints, or field reports associated
with the subject noncompliance.
CTA additionally informed NHTSA
that it has quarantined all existing
inventory of the tires that contain the
noncompliant tire sidewall labeling and
has corrected the molds at the
manufacturing plant so that no
additional tires will be manufactured
with the noncompliance.
In summation, CTA believes that the
described noncompliance is
inconsequential as it relates to motor
vehicle safety, and that its petition to be
exempted from providing notification of
the noncompliance, as required by 49
U.S.C. 30118, and to remedy the
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 from 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
exists.
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. 2016–06731 Filed 3–24–16; 8:45 am]
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0039]
NHTSA Enforcement Guidance Bulletin
2016–01; Guidance on Submission and
Treatment of Manufacturer
Communications to Dealers, Owners,
or Purchasers About a Defect or
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice.
AGENCY:
The National Highway Traffic
Safety Administration (NHTSA) is
issuing this notice to make
manufacturers aware of the statutory
requirement to index their
communications to dealers, owners, or
purchasers about a defect or
noncompliance, and to provide
recommendations for complying with
the index requirement. Additionally, a
change in the law requires NHTSA to
publicly post all such communications
on its Web site and it is therefore
providing notice of its intention to do
so. NHTSA will also publicly post on its
Web site the manufacturers’ indexes to
their communications as they are
received.
FOR FURTHER INFORMATION CONTACT: For
legal issues: Kerry Kolodziej, Office of
the Chief Counsel, NCC–100, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone: 202–
366–5263).
For submission of documents
pursuant to 49 CFR 579.5: tsb@dot.gov.
For submission of documents
pursuant to 49 CFR 573.6(c)(10): Recalls
Portal Help Desk, 1–888–719–9220;
recalls.helpdesk@dot.gov.
SUPPLEMENTARY INFORMATION: The
National Highway Traffic Safety
Administration (NHTSA or Agency) is
issuing this notice of its intent to
enforce and implement the
requirements of 49 U.S.C. 30166(f), as
amended by the Moving Ahead for
Progress in the 21st Century Act (MAP–
21).
SUMMARY:
I. Legal and Policy Background
BILLING CODE 4910–59–P
PO 00000
DEPARTMENT OF TRANSPORTATION
A. Manufacturers Are Required To
Submit Copies to NHTSA of
Communications to Their Dealers,
Owners, or Purchasers About a Defect or
Noncompliance
The National Traffic and Motor
Vehicle Safety Act (Safety Act), as
amended, requires motor vehicle and
Frm 00144
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E:\FR\FM\25MRN1.SGM
25MRN1
]]>Agencies
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16269-16270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06731]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0003; 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 CTA 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 filed a report dated December 11, 2015,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. CTA then petitioned NHTSA under 49 CFR part 556 requesting
a decision that the subject noncompliance is inconsequential to motor
vehicle safety.
DATES: The closing date for comments on the petition is April 25, 2016.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments regarding this petition. Comments must refer to
the docket and notice number cited in the title of this notice and be
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 https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed in the docket 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
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All documents submitted to the docket may be viewed by anyone at
the address and times given above. The documents may also be viewed on
the Internet at https://www.regulations.gov by following the online
instructions for accessing the dockets. The docket ID number for this
petition is shown in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in the
Federal Register published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing regulations 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 1,800 General Tire
brand Grabber size LT265/75R16 112/109 Q LRC tires that were
manufactured between December 10, 2010 and September 9, 2013.
[[Page 16270]]
III. Noncompliance: CTA explains that due to a mold error, the
number of tread plies indicated on the sidewall of the subject tires
does not match the actual number of plies in the tire construction. The
tires are marked ``PLIES: TREAD: 2 POLYESTER + 2 STEEL + 2 POLYAMIDE''
whereas the correct marking should be: ``PLIES: TREAD: 2 POLYESTER + 2
STEEL + 1 POLYAMIDE.'' As a consequence, these tires do not meet
requirements specified in paragraph S5.5(f) of FMVSS No. 139.
IV. Rule Text: Paragraph S5.5(f) of FMVSS No. 139 states, in
pertinent part:
S5.5 Tire Markings. Except as specified in paragraph (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 Petition: CTA described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential to motor vehicle safety.
In support of its petition, CTA submitted the following information
pertaining to the subject noncompliance:
(a) CTA stated that the tires covered by this petition are labeled
with incorrect information regarding the number of tread plies. The
company noted that while the number of polyester and steel plies
indicated on the sidewall is accurate, the number of polyamide plies
indicated is incorrect. The company contended, however, that this
mislabeling has no impact on the operational performance of these tires
or on the safety of vehicles on which these tires are mounted. The
company asserted that the tires meet or exceed all of the performance
requirements of FMVSS No. 139.
(b) CTA noted that NHTSA has concluded in response to numerous
other petitions that this type of noncompliance is inconsequential to
motor vehicle safety. CTA referenced notices that NHTSA has published
in the Federal Register granting the following inconsequentiality
petitions:
Petition of Hankook Tire America Corp., 79 FR 30688 (May
28, 2014);
Petition of Bridgestone Americas Tire Operations, LLC, 78
FR 47049 (August 2, 2013);
Petition of Cooper Tire & Rubber Company, 78 FR 47050
(August 2, 2013).
(C) CTA states that all tires covered by its petition meet or
exceed the performance requirements of FMVSS No. 139, as well as the
other labeling requirements of the standard.
(d) CTA also states that it is not aware of any crashes, injuries,
customer complaints, or field reports associated with the subject
noncompliance.
CTA additionally informed NHTSA that it has quarantined all
existing inventory of the tires that contain the noncompliant tire
sidewall labeling and has corrected the molds at the manufacturing
plant so that no additional tires will be manufactured with the
noncompliance.
In summation, CTA believes that the described noncompliance is
inconsequential as it relates to motor vehicle safety, and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and to remedy the
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 from 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 exists.
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. 2016-06731 Filed 3-24-16; 8:45 am]
BILLING CODE 4910-59-P
