Continental Tire the Americas, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 46764-46765 [2016-16843]
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Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
3. Reporting
DEPARTMENT OF TRANSPORTATION
Required reporting follows the
requirements for regular TTP funds.
manufactured between December 10,
2010 1 and September 9, 2013.
National Highway Traffic Safety
Administration
III. Noncompliance
G. Federal Awarding Agency Contact(s)
For further information concerning
this notice please contact Russell
Garcia, TTPSF Program Manager, via
email at russell.garcia@dot.gov; by
telephone at 202–366–9815; or by mail
at Federal Highway Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590. Office hours are
from 8:00 a.m. to 4:30 p.m. e.t., Monday
through Friday, except Federal holidays.
For legal questions, please contact Ms.
Vivian Philbin, Office of the Chief
Counsel, by telephone at (720) 963–
3445; by email at vivian.philbin@
dot.gov; or by mail at Federal Highway
Administration, Central Federal Lands
Highway Division, 12300 West Dakota
Avenue, Lakewood, CO 80228. Office
hours are from 7:30 a.m. to 4:00 p.m.
m.t., Monday through Friday, except
Federal holidays.
H. Other Information
1. Protection of Confidential Business
Information
All information submitted as part of
or in support of any application shall
use publicly available data or data that
can be made public and methodologies
that are accepted by industry practice
and standards, to the extent possible. If
the application includes information
you consider to be a trade secret or
confidential commercial or financial
information, the applicant should do the
following: (1) Note on the front cover
that the submission ‘‘Contains
Confidential Business Information
(CBI),’’ (2) mark each affected page
‘‘CBI,’’ and (3) highlight or otherwise
denote the CBI portions.
Authority: Section 1118 of Pub. L. 114–
94; 23 U.S.C. 202(e).
Issued on: July 11, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway
Administration.
[FR Doc. 2016–16875 Filed 7–15–16; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BILLING CODE 4910–22–P
[Docket No. NHTSA–2016–0003; 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).
AGENCY:
ACTION:
Grant of petition.
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:
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 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.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on March 25, 2016 in
the Federal Register (81 FR 16269). 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–2016–
0003.’’
II. Tires Involved
Affected are approximately 1,800
General Tire brand Grabber size LT265/
75R16 112/109 Q LRC tires that were
VerDate Sep<11>2014
17:52 Jul 15, 2016
Jkt 238001
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
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
1 Subsequent to the original filing, CTA informed
NHTSA that the original manufacture start date as
stated in their part 573 should in fact be November
7, 2010.
E:\FR\FM\18JYN1.SGM
18JYN1
Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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’S Decision
NHTSA’S Analysis: The agency agrees
with CTA that the noncompliance is
inconsequential to motor vehicle safety.
The agency believes that one measure of
inconsequentiality to motor vehicle
safety in this case is that there is no
effect of the noncompliance on the
operational safety of vehicles on which
these tires are mounted. The safety of
people working in the tire retread,
repair and recycling industries must
also be considered and is a measure of
inconsequentiality.
Although tire construction affects the
strength and durability of tires, 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 in
the tread sidewall. Therefore, tire
dealers and customers should consider
the tire construction information along
with other information such as the 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
VerDate Sep<11>2014
17:52 Jul 15, 2016
Jkt 238001
safety because most consumers do not
base tire purchases or vehicle operation
parameters on the number of plies in a
tire.
The agency also believes the
noncompliance will have no
measureable effect on the safety of the
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
sidewalls are marked correctly for the
number of steel plies, this potential
safety concern does not exist.
NHTSA’S Decision: In consideration
of the foregoing, NHTSA finds that CTA
has met its burden of persuasion that
the subject FMVSS No. 139
noncompliance in the affected tires is
inconsequential to motor vehicle safety.
Accordingly, CTA’s petition is hereby
granted and CTA is consequently
exempted from the obligation of
providing notification of, and a free
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 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 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. 2016–16843 Filed 7–15–16; 8:45 am]
BILLING CODE 4910–59–P
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Frm 00126
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46765
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
[Docket ID OCC–2016–0018]
Mutual Savings Association Advisory
Committee
Office of the Comptroller of the
Currency (OCC), Department of the
Treasury.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
The OCC announces a
meeting of the Mutual Savings
Association Advisory Committee
(MSAAC).
SUMMARY:
A public meeting of the MSAAC
will be held on Wednesday, August 3,
2016, beginning at 1:00 p.m. Eastern
Daylight Time (EDT).
ADDRESSES: The OCC will hold the
August 3, 2016 meeting of the MSAAC
at the OCC’s offices at 400 7th Street
SW., Washington, DC 20219.
FOR FURTHER INFORMATION CONTACT:
Michael R. Brickman, Deputy
Comptroller for Thrift Supervision,
(202) 649–5420, Office of the
Comptroller of the Currency,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: By this
notice, the OCC is announcing that the
MSAAC will convene a meeting on
Wednesday, August 3, 2016, at the
OCC’s offices at 400 7th Street SW.,
Washington, DC 20219. The meeting is
open to the public and will begin at 1:00
p.m. EDT. The purpose of the meeting
is for the MSAAC to advise the OCC on
regulatory changes or other steps the
OCC may be able to take to ensure the
continued health and viability of mutual
savings associations and other issues of
concern to existing mutual savings
associations. The agenda includes a
discussion of current topics of interest
to the industry.
Members of the public may submit
written statements to the MSAAC. The
OCC must receive written statements no
later than 5:00 p.m. EDT on Wednesday,
July 27, 2016. Members of the public
may submit written statements to
MSAAC@occ.treas.gov or by mailing
them to Michael R. Brickman,
Designated Federal Officer, Mutual
Savings Association Advisory
Committee, Office of the Comptroller of
the Currency, 400 7th Street SW.,
Washington, DC 20219.
Members of the public who plan to
attend the meeting should contact the
OCC by 5:00 p.m. EDT on Wednesday,
July 27, 2016, to inform the OCC of their
desire to attend the meeting and to
DATES:
E:\FR\FM\18JYN1.SGM
18JYN1
]]>Agencies
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46764-46765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16843]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0003; 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 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.
ADDRESSES: 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.
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.
Notice of receipt of the petition was published, with a 30-day
public comment period, on March 25, 2016 in the Federal Register (81 FR
16269). 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-2016-0003.''
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 \1\ and September 9, 2013.
---------------------------------------------------------------------------
\1\ Subsequent to the original filing, CTA informed NHTSA that
the original manufacture start date as stated in their part 573
should in fact be November 7, 2010.
---------------------------------------------------------------------------
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
[[Page 46765]]
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'S Decision
NHTSA'S Analysis: The agency agrees with CTA that the noncompliance
is inconsequential to motor vehicle safety. The agency believes that
one measure of inconsequentiality to motor vehicle safety in this case
is that there is no effect of the noncompliance on the operational
safety of vehicles on which these tires are mounted. The safety of
people working in the tire retread, repair and recycling industries
must also be considered and is a measure of inconsequentiality.
Although tire construction affects the strength and durability of
tires, 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 in the tread sidewall. Therefore, tire dealers and
customers should consider the tire construction information along with
other information such as the 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 also believes the noncompliance will have no measureable
effect on the safety of the 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 sidewalls are marked correctly for the number of steel
plies, this potential safety concern does not exist.
NHTSA'S Decision: In consideration of the foregoing, NHTSA finds
that CTA has met its burden of persuasion that the subject FMVSS No.
139 noncompliance in the affected tires is inconsequential to motor
vehicle safety. Accordingly, CTA's petition is hereby granted and CTA
is consequently exempted from the obligation of providing notification
of, and a free 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 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 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. 2016-16843 Filed 7-15-16; 8:45 am]
BILLING CODE 4910-59-P
