81 FR 16269 - Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 58 (March 25, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 58 (March 25, 2016)
| Page Range | 16269-16270 | |
| FR Document | 2016-06731 |
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)] [Notices] [Pages 16269-16270] From the Federal Register Online [www.thefederalregister.org] [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 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 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 http://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 http://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
![Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices 16269
location (E10L) during one production Authority: 49 U.S.C. 30118, 30120: instructions for submitting comments.
week (3915) were affected. Tires with delegations of authority at 49 CFR 1.95 and Comments may also be faxed to (202)
the same SKU code were also curing in 501.8. 493–2251.
another press (Z11L), but these tires Jeffrey M. Giuseppe, Comments must be written in the
were stamped correctly. Cooper stated Director, Office of Vehicle Safety Compliance. English language, and be no greater than
that sorting of its internal inventories [FR Doc. 2016–06730 Filed 3–24–16; 8:45 am]
15 pages in length, although there is no
revealed that for curing press E10L, limit to the length of necessary
BILLING CODE 4910–59–P
during DOT serial week 3915, there was attachments to the comments. If
a total net cure of 518 tires, of which comments are submitted in hard copy
180 tires have been accounted for in its DEPARTMENT OF TRANSPORTATION form, please ensure that two copies are
warehouse. There were 338 tires provided. If you wish to receive
distributed. Cooper made the final National Highway Traffic Safety confirmation that comments you have
Administration submitted by mail were received, please
determination that a noncompliance
enclose a stamped, self-addressed
exists as to those 338 tires on January [Docket No. NHTSA–2016–0003; Notice 1]
postcard with the comments. Note that
6, 2015. all comments received will be posted
Continental Tire the Americas, LLC,
5. Cooper states that the 338 subject without change to http://
Receipt of Petition for Decision of
tires do meet and/or exceed all Inconsequential Noncompliance www.regulations.gov, including any
performance requirements and all other personal information provided.
labeling and marking requirements of AGENCY: National Highway Traffic The petition, supporting materials,
FMVSS No. 139. Safety Administration (NHTSA), and all comments received before the
Furthermore, Cooper is not aware of Department of Transportation (DOT). close of business on the closing date
any crashes, injuries, customer ACTION: Receipt of petition. indicated above will be filed in the
docket and will be considered. All
complaints, or field reports associated SUMMARY: Continental Tire the comments and supporting materials
with the subject tires. Americas, LLC (CTA), has determined received after the closing date will also
Cooper has informed NHTSA that the that certain CTA tires do not fully be filed and will be considered to the
subject tires located in its inventory comply with paragraph S5.5(f) of extent possible.
count reconciliation have been returned Federal Motor Vehicle Safety Standard When the petition is granted or
to the company’s Findlay, OH plant, (FMVSS) No. 139 New Pneumatic denied, notice of the decision will also
where they will be corrected prior to Radial Tires for Light Vehicles. CTA be published in the Federal Register
being released for sale. filed a report dated December 11, 2015, pursuant to the authority indicated at
pursuant to 49 CFR part 573, Defect and the end of this notice.
In summation, Cooper believes that Noncompliance Responsibility and
the described noncompliance is All documents submitted to the
Reports. CTA then petitioned NHTSA docket may be viewed by anyone at the
inconsequential to motor vehicle safety, under 49 CFR part 556 requesting a address and times given above. The
and that its petition, to exempt Cooper decision that the subject noncompliance documents may also be viewed on the
from providing recall notification of the is inconsequential to motor vehicle Internet at http://www.regulations.gov
noncompliance, as required by 49 safety. by following the online instructions for
U.S.C. 30118, and remedying the accessing the dockets. The docket ID
DATES: The closing date for comments
noncompliance, as required by 49 number for this petition is shown in the
on the petition is April 25, 2016.
U.S.C. 30120, should be granted. heading of this notice.
ADDRESSES: Interested persons are
NHTSA notes that the statutory invited to submit written data, views, DOT’s complete Privacy Act
provisions (49 U.S.C. 30118(d) and and arguments regarding this petition. Statement is available for review in the
30120(h)) that permit manufacturers to Comments must refer to the docket and Federal Register published on April 11,
file petitions for a determination of notice number cited in the title of this 2000, (65 FR 19477–78).
inconsequentiality allow NHTSA to notice and be submitted by any of the SUPPLEMENTARY INFORMATION:
exempt manufacturers only from the following methods: I. Overview: Pursuant to 49 U.S.C.
duties found in sections 30118 and • Mail: Send comments by mail 30118(d) and 30120(h) (see
30120, respectively, to notify owners, addressed to U.S. Department of implementing regulations at 49 CFR part
purchasers, and dealers of a defect or Transportation, Docket Operations, 556), CTA submitted a petition for an
noncompliance and to remedy the M–30, West Building Ground Floor, exemption from the notification and
defect or noncompliance. Therefore, any Room W12–140, 1200 New Jersey remedy requirements of 49 U.S.C.
decision on this petition only applies to Avenue SE., Washington, DC 20590. Chapter 301 on the basis that this
the subject tires that Cooper no longer • Hand Deliver: Deliver comments by noncompliance is inconsequential to
controlled at the time it determined that hand to U.S. Department of motor vehicle safety.
the noncompliance existed. However, Transportation, Docket Operations, This notice of receipt of CTA’s
any decision on this petition does not M–30, West Building Ground Floor, petition is published under 49 U.S.C.
relieve equipment distributors and Room W12–140, 1200 New Jersey 30118 and 30120 and does not represent
Avenue SE., Washington, DC 20590. any agency decision or other exercise of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
dealers of the prohibitions on the sale,
The Docket Section is open on judgment concerning the merits of the
offer for sale, or introduction or delivery
weekdays from 10 a.m. to 5 p.m. except petition.
for introduction into interstate
Federal Holidays. II. Tires Involved: Affected are
commerce of the noncompliant tires • Electronically: Submit comments approximately 1,800 General Tire brand
under their control after Cooper notified electronically by logging onto the Grabber size LT265/75R16 112/109 Q
them that the subject noncompliance Federal Docket Management System LRC tires that were manufactured
existed. (FDMS) Web site at http:// between December 10, 2010 and
www.regulations.gov/. Follow the online September 9, 2013.
VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1](https://thefederalregister.org/doc/81_FR_16327/page/1.svg)
![16270 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices
III. Noncompliance: CTA explains performance requirements of FMVSS DEPARTMENT OF TRANSPORTATION
that due to a mold error, the number of No. 139, as well as the other labeling
tread plies indicated on the sidewall of requirements of the standard. National Highway Traffic Safety
the subject tires does not match the Administration
(d) CTA also states that it is not aware
actual number of plies in the tire of any crashes, injuries, customer [Docket No. NHTSA–2016–0039]
construction. The tires are marked
complaints, or field reports associated
‘‘PLIES: TREAD: 2 POLYESTER + 2 NHTSA Enforcement Guidance Bulletin
with the subject noncompliance.
STEEL + 2 POLYAMIDE’’ whereas the 2016–01; Guidance on Submission and
correct marking should be: ‘‘PLIES: CTA additionally informed NHTSA Treatment of Manufacturer
TREAD: 2 POLYESTER + 2 STEEL + 1 that it has quarantined all existing Communications to Dealers, Owners,
POLYAMIDE.’’ As a consequence, these inventory of the tires that contain the or Purchasers About a Defect or
tires do not meet requirements specified noncompliant tire sidewall labeling and Noncompliance
in paragraph S5.5(f) of FMVSS No. 139. has corrected the molds at the
IV. Rule Text: Paragraph S5.5(f) of manufacturing plant so that no AGENCY: National Highway Traffic
FMVSS No. 139 states, in pertinent part: additional tires will be manufactured Safety Administration (NHTSA),
with the noncompliance. Department of Transportation.
S5.5 Tire Markings. Except as specified in
paragraph (a) through (i) of S5.5, each tire ACTION: Notice.
In summation, CTA believes that the
must be marked on each sidewall with the
described noncompliance is SUMMARY: The National Highway Traffic
information specified in S5.5(a) through (d)
and on one sidewall with the information inconsequential as it relates to motor Safety Administration (NHTSA) is
specified in S5.5(e) through (i) according to vehicle safety, and that its petition to be issuing this notice to make
the phase-in schedule specified in S7 of this exempted from providing notification of manufacturers aware of the statutory
standard. . . the noncompliance, as required by 49 requirement to index their
(f) The actual number of plies in the U.S.C. 30118, and to remedy the communications to dealers, owners, or
sidewall, and the actual number of plies in noncompliance, as required by 49 purchasers about a defect or
the tread area, if different. noncompliance, and to provide
U.S.C. 30120, should be granted.
V. Summary of CTA’s Petition: CTA recommendations for complying with
NHTSA notes that the statutory the index requirement. Additionally, a
described the subject noncompliance
provisions (49 U.S.C. 30118(d) and change in the law requires NHTSA to
and stated its belief that the
noncompliance is inconsequential to 30120(h)) that permit manufacturers to publicly post all such communications
motor vehicle safety. file petitions for a determination of on its Web site and it is therefore
In support of its petition, CTA inconsequentiality allow NHTSA to providing notice of its intention to do
submitted the following information exempt manufacturers only from the so. NHTSA will also publicly post on its
pertaining to the subject duties found in sections 30118 and Web site the manufacturers’ indexes to
noncompliance: 30120, respectively, to notify owners, their communications as they are
(a) CTA stated that the tires covered purchasers, and dealers of a defect or received.
by this petition are labeled with noncompliance and to remedy the FOR FURTHER INFORMATION CONTACT: For
incorrect information regarding the defect or noncompliance. Therefore, any legal issues: Kerry Kolodziej, Office of
number of tread plies. The company decision on this petition only applies to the Chief Counsel, NCC–100, National
noted that while the number of the subject tires that CTA no longer Highway Traffic Safety Administration,
polyester and steel plies indicated on controlled at the time it determined that 1200 New Jersey Avenue SE.,
the sidewall is accurate, the number of the noncompliance existed. However, Washington, DC 20590 (telephone: 202–
polyamide plies indicated is incorrect. any decision on this petition does not 366–5263).
The company contended, however, that relieve equipment distributors and For submission of documents
this mislabeling has no impact on the dealers from the prohibitions on the pursuant to 49 CFR 579.5: tsb@dot.gov.
operational performance of these tires or sale, offer for sale, or introduction or For submission of documents
on the safety of vehicles on which these delivery for introduction into interstate pursuant to 49 CFR 573.6(c)(10): Recalls
tires are mounted. The company commerce of the noncompliant tires Portal Help Desk, 1–888–719–9220;
asserted that the tires meet or exceed all recalls.helpdesk@dot.gov.
under their control after CTA notified
of the performance requirements of SUPPLEMENTARY INFORMATION: The
them that the subject noncompliance
FMVSS No. 139. National Highway Traffic Safety
(b) CTA noted that NHTSA has exists.
Administration (NHTSA or Agency) is
concluded in response to numerous Authority: 49 U.S.C. 30118, 30120:
issuing this notice of its intent to
other petitions that this type of Delegations of authority at 49 CFR 1.95 and
enforce and implement the
noncompliance is inconsequential to 501.8.
requirements of 49 U.S.C. 30166(f), as
motor vehicle safety. CTA referenced
Jeffrey M. Giuseppe, amended by the Moving Ahead for
notices that NHTSA has published in
Director, Office of Vehicle Safety Compliance. Progress in the 21st Century Act (MAP–
the Federal Register granting the
[FR Doc. 2016–06731 Filed 3–24–16; 8:45 am]
21).
following inconsequentiality petitions:
• Petition of Hankook Tire America BILLING CODE 4910–59–P I. Legal and Policy Background
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Corp., 79 FR 30688 (May 28, 2014);
• Petition of Bridgestone Americas A. Manufacturers Are Required To
Tire Operations, LLC, 78 FR 47049 Submit Copies to NHTSA of
(August 2, 2013); Communications to Their Dealers,
• Petition of Cooper Tire & Rubber Owners, or Purchasers About a Defect or
Company, 78 FR 47050 (August 2, Noncompliance
2013). The National Traffic and Motor
(C) CTA states that all tires covered by Vehicle Safety Act (Safety Act), as
its petition meet or exceed the amended, requires motor vehicle and
VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1](https://thefederalregister.org/doc/81_FR_16327/page/2.svg)
Document Created: 2018-02-02 15:17:30
Document Modified: 2018-02-02 15:17:30
| 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 April 25, 2016. | |
| FR Citation | 81 FR 16269 |
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