80 FR 25355 - Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 85 (May 4, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 85 (May 4, 2015)
| Page Range | 25355-25356 | |
| FR Document | 2015-10263 |
[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)] [Notices] [Pages 25355-25356] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10263] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0030; 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 brand TKC80 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. DATES: The closing date for comments on the petition is June 3, 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 below 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. 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. 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 1,062 Continental 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. . . (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 [[Page 25356]] 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 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 Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-10263 Filed 5-1-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices 25355
Internet Web site (http://www.sec.gov/ appropriate report dated February 18, When the petition is granted or denied,
rules/sro.shtml). Copies of the 2015, pursuant to 49 CFR part 573, notice of the decision will be published
submission, all subsequent Defect and Noncompliance in the Federal Register pursuant to the
amendments, all written statements Responsibility and Reports. authority indicated below.
with respect to the proposed rule DATES: The closing date for comments SUPPLEMENTARY INFORMATION:
change that are filed with the on the petition is June 3, 2015.
Commission, and all written I. CTA’s Petition
ADDRESSES: Interested persons are
communications relating to the invited to submit written data, views, Pursuant to 49 U.S.C. 30118(d) and
proposed rule change between the and arguments on this petition. 30120(h) (see implementing rule at 49
Commission and any person, other than Comments must refer to the docket and CFR part 556), CTA submitted a petition
those that may be withheld from the notice number cited at the beginning of for an exemption from the notification
public in accordance with the this notice and submitted by any of the and remedy requirements of 49 U.S.C.
provisions of 5 U.S.C. 552, will be following methods: Chapter 301 on the basis that this
available for Web site viewing and • Mail: Send comments by mail noncompliance is inconsequential to
printing in the Commission’s Public addressed to: U.S. Department of motor vehicle safety.
Reference Room, 100 F Street NE., Transportation, Docket Operations, M– This notice of receipt of CTA’s
Washington, DC 20549 on official 30, West Building Ground Floor, Room petition is published under 49 U.S.C.
business days between the hours of W12–140, 1200 New Jersey Avenue SE., 30118 and 30120 and does not represent
10:00 a.m. and 3:00 p.m. Copies of such Washington, DC 20590. any agency decision or other exercise of
filing also will be available for • Hand Deliver: Deliver comments by judgment concerning the merits of the
inspection and copying at the principal hand to: U.S. Department of petition.
offices of the Exchange. All comments Transportation, Docket Operations, M– II. Tires Involved
received will be posted without change; 30, West Building Ground Floor, Room
the Commission does not edit personal Affected are approximately 1,062
W12–140, 1200 New Jersey Avenue SE., Continental TKC80 size 120/70–19 M/C
identifying information from Washington, DC 20590. The Docket
submissions. You should submit only 60Q diagonal (bias) motorcycle
Section is open on weekdays from 10 replacement tires manufactured
information that you wish to make a.m. to 5 p.m. except Federal Holidays.
available publicly. All submissions between April 8, 2012 and January 31,
• Electronically: Submit comments
should refer to File Number SR– 2015.
electronically by: logging onto the
NASDAQ–2015–046, and should be Federal Docket Management System III. Noncompliance
submitted on or before May 26, 2015. (FDMS) Web site at http:// CTA explains that the noncompliance
For the Commission, by the Division of www.regulations.gov/. Follow the online is that the tire size designation marking
Trading and Markets, pursuant to delegated instructions for submitting comments. on the sidewalls of the subject tires does
authority.17 Comments may also be faxed to (202) not contain the correct construction
Brent J. Fields, 493–2251. code designator symbol from The Tire
Secretary. Comments must be written in the and Rim Association yearbook.
[FR Doc. 2015–10283 Filed 5–1–15; 8:45 am] English language, and be no greater than Therefore, the tires do not fully comply
BILLING CODE 8011–01–P 15 pages in length, although there is no with paragraph S6.5(c) of FMVSS No.
limit to the length of necessary 119 because the tire size designation is
attachments to the comments. If not as listed in the documents and
DEPARTMENT OF TRANSPORTATION comments are submitted in hard copy publications designated in S5.1.
form, please ensure that two copies are Specifically, the tires were marked with
National Highway Traffic Safety provided. If you wish to receive the construction code designator ‘‘B’’
Administration confirmation that your comments were indicating bias-belted construction and
received, please enclose a stamped, self- should have been marked with the
[Docket No. NHTSA–2015–0030; Notice 1] addressed postcard with the comments. designator ‘‘-’’ indicating diagonal (bias)
Note that all comments received will be construction.
Continental Tire the Americas, LLC,
posted without change to http://
Receipt of Petition for Decision of IV. Rule Text
www.regulations.gov, including any
Inconsequential Noncompliance
personal information provided. Paragraph S6.5 of FMVSS No. 119
AGENCY: National Highway Traffic Documents submitted to a docket may requires in pertinent part:
Safety Administration (NHTSA), be viewed by anyone at the address and S6.5 Tire Markings. Except as
Department of Transportation (DOT). times given above. The documents may specified in paragraphs, each tire shall
ACTION: Receipt of Petition. also be viewed on the Internet at be marked on each sidewall with the
http://www.regulations.gov by following information specified in paragraphs (a)
SUMMARY: Continental Tire the the online instructions for accessing the through (j) of this section. . .
Americas, LLC, (CTA), has determined dockets. DOT’s complete Privacy Act (c) The tire size designation as listed
that certain Continental Tire brand Statement is available for review in the in the documents and publications
TKC80 motorcycle replacement tires do Federal Register published on April 11, designated in S5.1.
not fully comply with paragraph S6.5(c) 2000, (65 FR 19477–78).
V. Summary of CTA’s Analyses
mstockstill on DSK4VPTVN1PROD with NOTICES
of Federal Motor Vehicle Safety The petition, supporting materials,
Standard (FMVSS) No. 119, New and all comments received before the CTA stated its belief that the subject
Pneumatic Radial Tires for motor close of business on the closing date noncompliance is inconsequential to
vehicles with a GVWR of more than indicated below will be filed and will be motor vehicle safety for the following
4,536 Kilograms (10,000 pounds) and considered. All comments and reasons:
Motorcycles. CTA has filed an supporting materials received after the (A) CTA notes that the only improper
closing date will also be filed and will marking on the sidewall of the subject tires
17 17 CFR 200.30–3(a)(12). be considered to the extent possible. is the use of the letter character ‘‘B’’ in the
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![25356 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices
tire size designation instead of a hyphen DEPARTMENT OF TRANSPORTATION At the close of the comment period,
character ‘‘-,’’ and that from its experience it NHTSA decides, on the basis of the
believes that most motorcycle tire consumers National Highway Traffic Safety petition and any comments that it has
do not understand the differences in tire Administration received, whether the vehicle is eligible
construction and therefore do not base tire for importation. The agency then
purchases on the tire construction type. [Docket No. NHTSA–2013–0107, Notice 2]
publishes this decision in the Federal
(B) CTA stated that the subject tires were Register.
built as designed and that the performance Decision That Nonconforming Model
requirements and testing requirements Year 2010 European Market Ferrari J.K. Technologies, LLC, of Baltimore,
specified in FMVSS No. 119 are exactly the California Passenger Cars Are Eligible Maryland (‘‘JK’’) (Registered Importer
same for both bias-belted and diagonal (bias) for Importation #RI–90–006), petitioned NHTSA to
tires. decide whether certain MY 2010 Ferrari
AGENCY: National Highway Traffic California PCs are eligible for
(C) CTA believes that the subject
noncompliance has no impact on the safety
Safety Administration (NHTSA), importation into the United States.
of vehicles on which the subject tires are Department of Transportation (DOT). NHTSA published a notice of the
mounted and that the subject tires meet or ACTION: Grant of petition. petition on March 21, 2014 (79 FR
exceed all the performance requirement of 15800) to afford an opportunity for
FMVSS No. 119. SUMMARY: This document announces a public comment. The reader is referred
(D) CTA also stated that it is not aware of decision by the National Highway to that notice for a thorough description
any crashes, injuries, customer complaints, Traffic Safety Administration that of the petition.
or field reports associated with the subject certain Model Year (MY) 2010 Ferrari
noncompliance. California passenger cars (PCs) that were Comments
not originally manufactured to comply On April 21, 2014, NHTSA received
CTA additionally informed NHTSA with all applicable Federal Motor
that the molds at the manufacturing comments from Ferrari North America
Vehicle Safety Standards (FMVSS) are (FNA), the vehicle’s original
plant have been corrected so that no eligible for importation into the United
additional tires will be manufactured or manufacturer. In its comments, Ferrari
States because they are substantially stated that while it agreed that the U.S.
sold with the noncompliance. similar to vehicles originally and the non-U.S. versions of the vehicle
In summation, CTA believes that the manufactured for importation into and are ‘‘substantially similar’’ within the
described noncompliance of the subject sale in the United States that were meaning of section 30141(a)(1)(A)(i), it
tires is inconsequential to motor vehicle certified by their manufacturer as strongly disputed JK’s assertions that
safety, and that its petition, to exempt complying with the safety standards the non-U.S. version could be readily
CTA from providing recall notification (the U.S. certified version of the MY altered to comply with all applicable
of noncompliance as required by 49 2010 Ferrari California PC), and they are FMVSS. FNA elaborated by presenting
U.S.C. 30118 and remedying the recall capable of being readily altered to detailed reasons for its assertions with
noncompliance as required by 49 U.S.C. conform to the standards. respect to specific FMVSS.
30120 should be granted. DATES: This decision became effective On May 21, 2014, NHTSA forwarded
NHTSA notes that the statutory on April 28, 2015. FNA’s comments to JK and asked that it
provisions (49 U.S.C. 30118(d) and ADDRESSES: For further information respond by June, 4, 2014. By letter dated
30120(h)) that permit manufacturers to contact George Stevens, Office of June 10, 2014, JK requested a 45 day
file petitions for a determination of Vehicle Safety Compliance, NHTSA extension in order to gather engineering
inconsequentiality allow NHTSA to (202–366–5308). data to adequately address the concerns
exempt manufacturers only from the SUPPLEMENTARY INFORMATION: raised by FNA. NHTSA approved JK’s
duties found in sections 30118 and request for this extension and JK
30120, respectively, to notify owners, Background responded on August 15, 2014.
purchasers, and dealers of a defect or Under 49 U.S.C. 30141(a)(1)(A), a A summary of FNA’s comments, JK’s
noncompliance and to remedy the motor vehicle that was not originally responses, and the conclusions that
defect or noncompliance. Therefore, any manufactured to conform to all NHTSA has reached with regard to the
decision on this petition only applies to applicable FMVSS shall be refused issues raised by the parties is set forth
the subject tires that CTA no longer admission into the United States unless below.
controlled at the time it determined that NHTSA has decided that the motor
the noncompliance existed. However, Review of Comments and Conclusions
vehicle is substantially similar to a
any decision on this petition does not motor vehicle originally manufactured NHTSA has reviewed the petition,
relieve equipment distributors and for importation into and sale in the FNA’s comments and JK’s responses to
dealers of the prohibitions on the sale, United States, certified as required those comments, and has concluded
offer for sale, or introduction or delivery under 49 U.S.C. 30115, and of the same that the vehicles covered by the petition
for introduction into interstate model year as the model of the motor are capable of being readily altered to
commerce of the noncompliant tires vehicle to be compared, and is capable comply with all applicable FMVSS.
under their control after CTA notified of being readily altered to conform to all However, NHTSA has also decided that
them that the subject noncompliance applicable FMVSS. an RI who imports or modifies one of
existed. Petitions for eligibility decisions may these vehicles must include in the
mstockstill on DSK4VPTVN1PROD with NOTICES
Authority: 49 U.S.C. 30118, 30120: be submitted by either manufacturers or statement of conformity and associated
delegations of authority at 49 CFR 1.95 and importers who have registered with documents (referred to as a ‘‘conformity
501.8. NHTSA pursuant to 49 CFR part 592. As package’’) it submits to NHTSA under
specified in 49 CFR 593.7, NHTSA 49 CFR 592.6(d) specific proof to
Jeffrey Giuseppe, publishes notice in the Federal Register confirm that the vehicle was
Director, Office of Vehicle Safety Compliance. of each petition that it receives, and manufactured to conform to, or was
[FR Doc. 2015–10263 Filed 5–1–15; 8:45 am] affords interested persons an successfully altered to conform to, each
BILLING CODE 4910–59–P opportunity to comment on the petition. of the following standards:
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Document Created: 2018-02-21 10:22:54
Document Modified: 2018-02-21 10:22:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of Petition. | |
| Dates | The closing date for comments on the petition is June 3, 2015. | |
| FR Citation | 80 FR 25355 |
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