80 FR 66613 - 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 209 (October 29, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 209 (October 29, 2015)
| Page Range | 66613-66614 | |
| FR Document | 2015-27610 |
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)] [Notices] [Pages 66613-66614] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27610] ----------------------------------------------------------------------- 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
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purchasers, and dealers of a defect or • Hand Deliver: Deliver comments by II. Tires Involved: Affected are
noncompliance and to remedy the hand to: U.S. Department of approximately 3,627 Continental Tire
defect or noncompliance. Therefore, the Transportation, Docket Operations, M– CST 17 size T125/70R17 98M temporary
decision only applies to the subject tires 30, West Building Ground Floor, Room spare tires sold to General Motors and
that Goodyear no longer controlled at W12–140, 1200 New Jersey Avenue SE, also in small quantities in the
the time it determined that the Washington, DC 20590. The Docket replacement market. These tires were
noncompliance existed. However, the Section is open on weekdays from 10 manufactured between March 18, 2012
granting of this petition does not relieve a.m. to 5 p.m. except Federal Holidays. and April 11, 2015.
equipment distributors and dealers of • Electronically: Submit comments III. Noncompliance: CTA explains
the prohibitions on the sale, offer for electronically by: logging onto the that the noncompliance is that the tire
sale, or introduction or delivery for Federal Docket Management System size designation markings on the
introduction into interstate commerce of (FDMS) Web site at http:// sidewalls of the subject tires do not
the noncompliant tires under their www.regulations.gov/. Follow the online contain the tire type code designator
control after Goodyear notified them instructions for submitting comments. symbol from The Tire and Rim
that the subject noncompliance existed. Comments may also be faxed to (202) Association yearbook as required by
493–2251. paragraph S4.3(a) of FMVSS No. 109.
Authority: 49 U.S.C. 30118, 30120: Comments must be written in the
Delegations of authority at 49 CFR 1.95 and Specifically, the subject tire size reads
501.8.
English language, and be no greater than ‘‘125/70R17 98M’’ but should read
15 pages in length, although there is no ‘‘T125/70R17 98M’’ indicating the tire is
Jeffrey M. Giuseppe, limit to the length of necessary a spare tire and for temporary use.
Director, Office of Vehicle Safety Compliance. attachments to the comments. If IV. Rule Text: Paragraph S4.3(a) of
[FR Doc. 2015–27611 Filed 10–28–15; 8:45 am] comments are submitted in hard copy FMVSS No. 109 requires in pertinent
BILLING CODE 4910–59–P form, please ensure that two copies are part:
provided. If you wish to receive
S4.3 Labeling Requirements. Except as
confirmation that your comments were provided in S4.3.1 and S4.3.2 of this
DEPARTMENT OF TRANSPORTATION received, please enclose a stamped, self- standard, each tire, except for those certified
addressed postcard with the comments. to comply with S5.5 of § 571.139, shall have
National Highway Traffic Safety Note that all comments received will be permanently molded into or onto both
Administration posted without change to http:// sidewalls, in letters and numerals not less
www.regulations.gov, including any than 0.078 inches high, the information
[Docket No. NHTSA–2015–0098; Notice 1] personal information provided. shown in paragraphs S4.3(a) through (g) of
Documents submitted to a docket may this standard. On at least one sidewall, the
Continental Tire the Americas, LLC, be viewed by anyone at the address and information shall be positioned in an area
Receipt of Petition for Decision of between the maximum section width and
times given above. The documents may bead of the tire, unless the maximum section
Inconsequential Noncompliance also be viewed on the Internet at width of the tire falls between the bead and
AGENCY: National Highway Traffic http://www.regulations.gov by following one-fourth of the distance from the bead to
Safety Administration (NHTSA), the online instructions for accessing the the shoulder of the tire . . .
Department of Transportation (DOT). dockets. DOT’s complete Privacy Act (a) One size designation, except that
Statement is available for review in the equivalent inch and metric size designations
ACTION: Receipt of petition. may be used; . . .
Federal Register published on April 11,
SUMMARY: Continental Tire the 2000, (65 FR 19477–78). V. Summary of CTA’s Analyses: CTA
Americas, LLC (CTA), has determined The petition, supporting materials, stated that the only missing marking on
that certain Continental Tire T-type and all comments received before the the sidewalls of the affected tires is the
spare tires do not fully comply with close of business on the closing date letter ‘‘T’’ as part of the size designation.
paragraph S4.3(a) of Federal Motor indicated above will be filed and will be CTA also stated its belief that the
Vehicle Safety Standard (FMVSS) No. considered. All comments and omission of the tire size designation
109, New Pneumatic and Certain supporting materials received after the markings has no impact on the
Specialty Tires. CTA has filed an closing date will also be filed and will operational performance or durability of
appropriate report dated August 25, be considered to the extent possible. these tires or on the safety of vehicles
2015 and amended on October 1, 2015, When the petition is granted or denied, on which these tires may be mounted
pursuant to 49 CFR part 573, Defect and notice of the decision will be published and that the affected tires cannot be
Noncompliance Responsibility and in the Federal Register pursuant to the confused with normal P-metric or
Reports. authority indicated below. metric passenger tires for the following
SUPPLEMENTARY INFORMATION: reasons:
DATES: The closing date for comments I. Overview: Pursuant to 49 U.S.C. 1. Both sidewalls of the affected tires
on the petition is November 30, 2015. 30118(d) and 30120(h) (see have permanently molded letters that
ADDRESSES: Interested persons are implementing rule at 49 CFR part 556), are 1⁄2 inch tall with the words
invited to submit written data, views, CTA submitted a petition for an ‘‘TEMPORARY USE ONLY.’’
and arguments on this petition. exemption from the notification and 2. Both sidewalls of the affected tires
Comments must refer to the docket and remedy requirements of 49 U.S.C. have permanently molded letters and
notice number cited at the beginning of Chapter 301 on the basis that this numerals that are 1⁄2 inch tall with the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
this notice and submitted by any of the noncompliance is inconsequential to words ‘‘INFLATE TO 420KPA (60PSI),’’
following methods: motor vehicle safety. as required by section S4.3.5 of FMVSS
• Mail: Send comments by mail This notice of receipt of CTA’s No. 109.
addressed to: U.S. Department of petition is published under 49 U.S.C. 3. The affected tires are intended as a
Transportation, Docket Operations, M– 30118 and 30120 and does not represent spare tire for the Chevy Impala, which
30, West Building Ground Floor, Room any agency decision or other exercise of is equipped with four ground tires of
W12–140, 1200 New Jersey Avenue SE, judgment concerning the merits of the size P235[/]55R17 98W. Thus, the
Washington, DC 20590. petition. ground tires are significantly different in
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![66614 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices
width (approximately four inches DEPARTMENT OF TRANSPORTATION be marked on the tire sidewalls by
wider) and in diameter (approximately paragraph S6.5(b) of FMVSS No. 119 are
three inches larger). National Highway Traffic Safety incomplete because they do not include
Administration the tire size codes required by 49 CFR
The affected tires also have a starting
tread depth of only 3⁄32 inch, whereas a [Docket No. NHTSA–2015–0041; Notice 2] part 574.5(b).
IV. Rule Text: Paragraph S6.5 of
typical P-metric or metric passenger tire
Tireco, Inc., Grant of Petition for FMVSS No. 119 requires in pertinent
has a much deeper tread depth of
Decision of Inconsequential part:
approximately 10⁄32 inch.
Noncompliance S6.5 Tire Markings. Except as specified in
CTA notes that they are not aware of this paragraph, each tire shall be marked on
any crashes, injuries, customer AGENCY: National Highway Traffic each sidewall with the information in
complaints or field reports associated Safety Administration (NHTSA), paragraph (a) through (j) of this section. The
with this noncompliance. Department of Transportation (DOT). markings shall be placed between the
ACTION: Grant of petition. maximum section width (exclusive of
CTA informed NHTSA that it has
sidewall decorations or curb ribs) and the
corrected the mold at the manufacturing SUMMARY: Tireco, Inc., (Tireco) has bead on at least one sidewall, unless the
plant so that no additional tires will be determined that certain Tireco Traction maximum section width of the tire is located
manufactured with the subject tires do not fully comply with paragraph in an area which is not more than one-fourth
noncompliance and that all remaining S6.5(b) of Federal Motor Vehicle Safety of the distance from the bead to the shoulder
CTA inventory of the subject tires in of the tire. If the maximum section width
Standard (FMVSS) No. 119, New
their possession have been scrapped. falls within that area, the markings shall
Pneumatic Tires for Motor Vehicles with appear between the bead and a point one-half
CTA stated its belief that NHTSA has a GVWR of More than 4,536 Kilograms the distance from the bead to the shoulder of
previously granted inconsequential (10,000 pounds) and Motorcycles. the tire, on at least one sidewall. The
noncompliance petitions regarding Tireco has filed an appropriate report markings shall be in letters and numerals not
noncompliances that they believe are dated March 30, 2015, pursuant to 49 less than 2 mm (0.078 inch) high and raised
similar to the subject noncompliance. CFR part 573, Defect and above or sunk below the tire surface not less
Noncompliance Responsibility and than 0.4 mm (0.015 inch), except that the
In summation, CTA believes that the marking depth shall be not less than 0.25mm
described noncompliance of the subject Reports.
(0.010 inch) in the case of motorcycle tires.
tires is inconsequential to motor vehicle ADDRESSES: For further information on The tire identification and the DOT symbol
safety, and that its petition, to exempt this decision contact Abraham Diaz, labeling shall comply with part 574 of this
CTA from providing recall notification Office of Vehicle Safety Compliance, the chapter. Markings may appear on only one
of noncompliance as required by 49 National Highway Traffic Safety sidewall and the entire sidewall area may be
Administration (NHTSA), telephone used in the case of motorcycle tires and
U.S.C. 30118 and remedying the recall recreational, boat, baggage, and special trailer
noncompliance as required by 49 U.S.C. (202) 366–5310, facsimile (202) 366–
tires . . .
30120 should be granted. 5930. (b) The tire identification number required
NHTSA notes that the statutory SUPPLEMENTARY INFORMATION: by part 574 of this chapter. This number may
provisions (49 U.S.C. 30118(d) and I. Overview: Pursuant to 49 U.S.C. be marked on only one sidewall. . . .
30120(h)) that permit manufacturers to 30118(d) and 30120(h) (see V. Summary of TIRECO’s Arguments:
file petitions for a determination of implementing rule at 49 CFR part 556), Tireco state its belief that the subject
inconsequentiality allow NHTSA to Tireco submitted a petition for an noncompliance is inconsequential to
exempt manufacturers only from the exemption from the notification and motor vehicle safety for the following
duties found in sections 30118 and remedy requirements of 49 U.S.C. reasons:
30120, respectively, to notify owners, Chapter 301 on the basis that this (A) Tireco believes that the absence of
purchasers, and dealers of a defect or noncompliance is inconsequential to the tire size code from the TIN has no
noncompliance and to remedy the motor vehicle safety. impact on the operational performance
defect or noncompliance. Therefore, any Notice of receipt of the petition was of the subject tires or on the safety of
decision on this petition only applies to published with a 30-day public vehicles on which the subject tires are
the subject tires that CTA no longer comment period, on June 11, 2015 in mounted because the subject tires meet
the Federal Register (80 FR 33333). No or exceed all of the applicable
controlled at the time it determined that
comments were received. To view the performance requirements specified by
the noncompliance existed. However,
petition and all supporting documents FMVSS No. 119.
any decision on this petition does not
log onto the Federal Docket (B) Tireco states that even though the
relieve equipment distributors and
Management System (FDMS) Web site size code is absent from the TIN, the tire
dealers of the prohibitions on the sale,
at: http://www.regulations.gov/. Then size information is readily available to
offer for sale, or introduction or delivery
follow the online search instructions to consumers in a more understandable
for introduction into interstate
locate docket number ‘‘NHTSA–2015– way by virtue of the actual tire size
commerce of the noncompliant tires
0041.’’ marking on the sidewalls.
under their control after CTA notified II. Tires Involved: Affected are (C) Tireco also states that in the
them that the subject noncompliance approximately 1,600 Tireco Power King unlikely event that any of the subject
existed. Traction size 8.25–20E/10, Power King tires are ever found to contain a defect
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Authority: 49 U.S.C. 30118, 30120: Traction size 9.00–20 E/10, Milestar or a substantive noncompliance that
Delegations of authority at 49 CFR 1.95 and Traction size 8.25–20 E/10, and Milestar would warrant a recall, the recalled tires
501.8. Traction size 9.00–20 E/10 tires. These could be adequately identified through
tires were manufactured between March the partial [T]IN that is stamped on the
Jeffrey M. Giuseppe,
1, 2014 and March 22, 2015. sidewall.
Director, Office of Vehicle Safety Compliance. III. Noncompliance: Tireco explains (D) Tireco referenced
[FR Doc. 2015–27610 Filed 10–28–15; 8:45 am] that the noncompliance is that the Tire inconsequentiality petitions NHTSA has
BILLING CODE 4910–59–P Information Numbers (TINs) required to previously granted in the past that have
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Document Created: 2015-12-14 15:21:02
Document Modified: 2015-12-14 15:21:02
| 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 November 30, 2015. | |
| FR Citation | 80 FR 66613 |
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