81 FR 21662 - Continental Tire the Americas, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 70 (April 12, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 70 (April 12, 2016)
| Page Range | 21662-21663 | |
| FR Document | 2016-08362 |
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)] [Notices] [Pages 21662-21663] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08362] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0098; 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 Continental Tire brand 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 a report dated August 25, 2015 and amended on October 1, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 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 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. Notice of receipt of the petition was published with a 30-day public comment period, on October 29, 2015 in the Federal Register (80 FR 66613). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2015-0098.'' II. Tires Involved: Affected are approximately 3,627 Continental Tire brand 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 spare tires for the Chevy Impala, which is equipped with four ground tires of size P235[/]55R17 98W. The ground tires are significantly different in width (approximately four inches wider) and in diameter (approximately three inches larger) than the subject spare tires. 4. 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 also noted that they are not aware of any crashes, injuries, customer complaints or field reports associated with this noncompliance. In addition, 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 also made reference to inconsequential noncompliance petitions that NHTSA previously granted concerning noncompliances that CTA believes 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's Decision NHTSA's Analysis: Labeling the tire size ``125/70R17'' instead of ``T125/70R17,'' violates paragraph S4.3(a) of FMVSS No. 109 because the tire is labeled with an incomplete tire size designation for temporary use tires, also referred to as spare tires. NHTSA bases its decision on several points. First, CTS labeled the subject tires on both sidewalls with the words ``TEMPORARY USE ONLY'' and ``INFLATE TO 420KPA (60PSI).'' The maximum pressure labeled on the subject tires correlates with the pressure specified for all temporary use tires in the TRA's tire publication. Together, these additional labels provide the user with the same information intended by the missing labels, and by spelling out the word TEMPORARY, provides that information in clear format. All other sidewall labels and safety information are correct. Next, NHTSA agrees that the subject tires would not be confused with non-temporary tires used on vehicles for which the tires are intended because of the differences in geometry of the two types of tires. CTA indicated that the subject tires are approximately four [[Page 21663]] inches narrower and three inches smaller in diameter than the non- temporary tires that would be used on the vehicle for which the subject tires are also intended. Finally, neither CTA nor NHTSA are aware of any crashes, injuries, customer complaints or field reports associated with the omitted labeling. NHTSA's Decision: In consideration of the foregoing, NHTSA finds that CTA has met its burden of persuasion that the subject FMVSS No. 109 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 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. 2016-08362 Filed 4-11-16; 8:45 am] BILLING CODE 4910-59-P
![21662 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices
petition and Mercedes is consequently locate docket number ‘‘NHTSA–2015– size P235[/]55R17 98W. The ground
obligated to provide notification of, and 0098.’’ tires are significantly different in width
a free remedy for, that noncompliance II. Tires Involved: Affected are (approximately four inches wider) and
under 49 U.S.C. 30118 and 30120. approximately 3,627 Continental Tire in diameter (approximately three inches
Authority: 49 U.S.C. 30118, 30120: brand CST 17 size T125/70R17 98M larger) than the subject spare tires.
delegations of authority at 49 CFR 1.95 and temporary spare tires sold to General 4. The affected tires also have a
501.8. Motors and also in small quantities in starting tread depth of only 3/32 inch,
the replacement market. These tires whereas a typical P-metric or metric
Gregory K. Rea, were manufactured between March 18, passenger tire has a much deeper tread
Associate Administrator for Enforcement. 2012 and April 11, 2015. depth of approximately 10/32 inch.
[FR Doc. 2016–08361 Filed 4–11–16; 8:45 am] III. Noncompliance: CTA explains CTA also noted that they are not
BILLING CODE 4910–59–P that the noncompliance is that the tire aware of any crashes, injuries, customer
size designation markings on the complaints or field reports associated
sidewalls of the subject tires do not with this noncompliance.
DEPARTMENT OF TRANSPORTATION contain the tire type code designator In addition, CTA informed NHTSA
symbol from The Tire and Rim that it has corrected the mold at the
National Highway Traffic Safety Association yearbook as required by manufacturing plant so that no
Administration paragraph S4.3(a) of FMVSS No. 109. additional tires will be manufactured
Specifically, the subject tire size reads with the subject noncompliance and
[Docket No. NHTSA–2015–0098; Notice 2]
‘‘125/70R17 98M’’ but should read that all remaining CTA inventory of the
Continental Tire the Americas, LLC, ‘‘T125/70R17 98M’’ indicating the tire is subject tires in their possession have
Grant of Petition for Decision of a spare tire and for temporary use. been scrapped.
Inconsequential Noncompliance IV. Rule Text: Paragraph S4.3(a) of CTA also made reference to
FMVSS No. 109 requires in pertinent inconsequential noncompliance
AGENCY: National Highway Traffic part: petitions that NHTSA previously
Safety Administration (NHTSA), S4.3 Labeling Requirements. Except as
granted concerning noncompliances
Department of Transportation (DOT). provided in S4.3.1 and S4.3.2 of this that CTA believes are similar to the
ACTION: Grant of petition. standard, each tire, except for those certified subject noncompliance.
to comply with S5.5 of § 571.139, shall have In summation, CTA believes that the
SUMMARY: Continental Tire the permanently molded into or onto both described noncompliance of the subject
Americas, LLC (CTA), has determined sidewalls, in letters and numerals not less tires is inconsequential to motor vehicle
that certain Continental Tire brand than 0.078 inches high, the information safety, and that its petition, to exempt
T-type spare tires do not fully comply shown in paragraphs S4.3(a) through (g) of CTA from providing recall notification
this standard. On at least one sidewall, the of noncompliance as required by 49
with paragraph S4.3(a) of Federal Motor
information shall be positioned in an area
Vehicle Safety Standard (FMVSS) No. between the maximum section width and U.S.C. 30118 and remedying the recall
109, New Pneumatic and Certain bead of the tire, unless the maximum section noncompliance as required by 49 U.S.C.
Specialty Tires. CTA has filed a report width of the tire falls between the bead and 30120 should be granted.
dated August 25, 2015 and amended on one-fourth of the distance from the bead to
NHTSA’s Decision
October 1, 2015, pursuant to 49 CFR the shoulder of the tire. . . .
part 573, Defect and Noncompliance (a) One size designation, except that NHTSA’s Analysis: Labeling the tire
Responsibility and Reports. equivalent inch and metric size designations size ‘‘125/70R17’’ instead of ‘‘T125/
may be used; . . . 70R17,’’ violates paragraph S4.3(a) of
ADDRESSES: For further information on
this decision contact Abraham Diaz, V. Summary of CTA’s Analyses: CTA FMVSS No. 109 because the tire is
Office of Vehicle Safety Compliance, the stated that the only missing marking on labeled with an incomplete tire size
National Highway Traffic Safety the sidewalls of the affected tires is the designation for temporary use tires, also
Administration (NHTSA), telephone letter ‘‘T’’ as part of the size designation. referred to as spare tires.
CTA also stated its belief that the NHTSA bases its decision on several
(202) 366–5310, facsimile (202) 366–
omission of the tire size designation points. First, CTS labeled the subject
5930.
markings has no impact on the tires on both sidewalls with the words
SUPPLEMENTARY INFORMATION: I. operational performance or durability of ‘‘TEMPORARY USE ONLY’’ and
Overview: Pursuant to 49 U.S.C. these tires or on the safety of vehicles ‘‘INFLATE TO 420KPA (60PSI).’’ The
30118(d) and 30120(h) (see on which these tires may be mounted maximum pressure labeled on the
implementing rule at 49 CFR part 556), and that the affected tires cannot be subject tires correlates with the pressure
CTA submitted a petition for an confused with normal P-metric or specified for all temporary use tires in
exemption from the notification and metric passenger tires for the following the TRA’s tire publication. Together,
remedy requirements of 49 U.S.C. reasons: these additional labels provide the user
Chapter 301 on the basis that this 1. Both sidewalls of the affected tires with the same information intended by
noncompliance is inconsequential to have permanently molded letters that the missing labels, and by spelling out
motor vehicle safety. are 1⁄2 inch tall with the words the word TEMPORARY, provides that
Notice of receipt of the petition was ‘‘TEMPORARY USE ONLY.’’ information in clear format. All other
published with a 30-day public 2. Both sidewalls of the affected tires sidewall labels and safety information
asabaliauskas on DSK3SPTVN1PROD with NOTICES
comment period, on October 29, 2015 in have permanently molded letters and are correct.
the Federal Register (80 FR 66613). No numerals that are 1⁄2 inch tall with the Next, NHTSA agrees that the subject
comments were received. To view the words ‘‘INFLATE TO 420KPA (60PSI),’’ tires would not be confused with non-
petition and all supporting documents as required by section S4.3.5 of FMVSS temporary tires used on vehicles for
log onto the Federal Docket No. 109. which the tires are intended because of
Management System (FDMS) Web site 3. The affected tires are intended as the differences in geometry of the two
at: http://www.regulations.gov/. Then spare tires for the Chevy Impala, which types of tires. CTA indicated that the
follow the online search instructions to is equipped with four ground tires of subject tires are approximately four
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![Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices 21663
inches narrower and three inches SUMMARY: Morgan 3 Wheeler Limited that if motorcycle headlamps are
smaller in diameter than the non- (Morgan) has determined that certain horizontally disposed about the vertical
temporary tires that would be used on model year (MY) 2012 and 2013 Morgan centerline, the distance between the
the vehicle for which the subject tires model M3W three-wheeled motorcycles closest edges of their effective projected
are also intended. do not comply with all of the luminous lens areas must not be greater
Finally, neither CTA nor NHTSA are requirements of Federal Motor Vehicle than 200 mm.2 Morgan states in its
aware of any crashes, injuries, customer Safety Standard (FMVSS) No. 108, petition that the subject motorcycles do
complaints or field reports associated Lamps, reflective devices, and not comply with this requirement
with the omitted labeling. associated equipment. Specifically, the because they are equipped with dual
NHTSA’s Decision: In consideration vehicles’ headlamps are spaced further horizontally-mounted headlamps
of the foregoing, NHTSA finds that CTA apart than permitted, and do not have mounted 29 inches (737 mm) apart (lens
has met its burden of persuasion that the required ‘‘DOT’’ marking. Morgan edge to lens edge).
the subject FMVSS No. 109 has petitioned for an exemption from The second noncompliance concerns
noncompliance in the affected tires is the recall notification and remedy the lack of a required marking on the
inconsequential to motor vehicle safety. requirements of 49 U.S.C. Chapter 301— headlamps. Paragraph S6.5.1 of FMVSS
Accordingly, CTA’s petition is hereby ‘‘Motor Vehicle Safety’’ (Vehicle Safety No. 108 requires that the lens of each
granted and CTA is consequently Act) on the grounds that the original equipment and replacement
exempted from the obligation of noncompliances are inconsequential to headlamp be marked with the symbol
providing notification of, and a free motor vehicle safety. This notice ‘‘DOT,’’ either horizontally or vertically,
remedy for, that noncompliance under announces and explains NHTSA’s to indicate certification under 49 U.S.C.
49 U.S.C. 30118 and 30120. denial of Morgan’s petition. 30115.3 Morgan states in its petition that
NHTSA notes that the statutory FOR FURTHER INFORMATION CONTACT: For the subject vehicles do not include this
provisions (49 U.S.C. 30118(d) and further information on this decision marking.
30120(h)) that permit manufacturers to contact Mike Cole, Office of Vehicle IV. Rule Text: Paragraphs S7.9.6.2(b)
file petitions for a determination of Safety Compliance, National Highway and S10.17.1.2.2 of FMVSS No. 108
inconsequentiality allow NHTSA to Traffic Safety Administration (NHTSA), require in pertinent part:
exempt manufacturers only from the telephone (202) 366–2334, facsimile Paragraph S7.9.6.2(b) (applies only to the
duties found in sections 30118 and (202) 366–5930. subject vehicles manufactured before
30120, respectively, to notify owners, December 1, 2012).
SUPPLEMENTARY INFORMATION: If the system consists of two headlamps,
purchasers, and dealers of a defect or I. Overview: Pursuant to 49 U.S.C. each of which provides both an upper and
noncompliance and to remedy the 30118(d) and 30120(h) and the rule lower beam, the headlamps shall be mounted
defect or noncompliance. Therefore, this implementing those provisions at 49 either at the same height and symmetrically
decision only applies to the subject tires CFR part 556, Morgan has petitioned for disposed about the vertical centerline or
that CTA no longer controlled at the an exemption from the notification and mounted on the vertical centerline. If the
time it determined that the remedy requirements of 49 U.S.C. headlamps are horizontally disposed about
noncompliance existed. However, the the vertical centerline, the distance between
Chapter 301 on the basis that the the closest edges of their effective projected
granting of this petition does not relieve noncompliances are inconsequential to luminous lens areas shall not be greater than
equipment distributors and dealers of motor vehicle safety. 200 mm (8 in.).
the prohibitions on the sale, offer for Notice of receipt of the petition was Paragraph S10.17.1.2.2 (applies only to the
sale, or introduction or delivery for published, with a 30-day public subject vehicles manufactured after
introduction into interstate commerce of comment period, on December 9, 2013 December 1, 2012).
the noncompliant tires under their in the Federal Register (78 FR 73920). If the headlamps are horizontally disposed
control after CTA notified them that the about the vertical centerline, the distance
One comment was received from Peter
subject noncompliance existed. between the closest edges of their effective
C. Larsen of Liberty Motors, LLC. To projected luminous lens areas must not be
Authority: 49 U.S.C. 30118, 30120: view the petition and all supporting greater than 200 mm.
delegations of authority at 49 CFR 1.95 and documents log onto the Federal Docket
501.8. V. Summary of Morgan’s Petition and
Management System Web site at:
Comments: Morgan petitions for relief
Jeffrey M. Giuseppe, http://www.regulations.gov/. Follow the
from the recall provisions of the Vehicle
Director, Office of Vehicle Safety Compliance.
online search instructions to locate
Safety Act with respect to both of these
docket number ‘‘NHTSA–2013–0101.’’
[FR Doc. 2016–08362 Filed 4–11–16; 8:45 am]
II. Vehicles involved: Approximately noncompliances. Morgan makes several
BILLING CODE 4910–59–P
150 MY 2012 and 2013 Morgan model arguments to support its assertion that
M3W three-wheeled motorcycles these noncompliances are
manufactured from August 1, 2012 to inconsequential to motor vehicle safety.
DEPARTMENT OF TRANSPORTATION With respect to the headlamp spacing
August 14, 2013 (subject vehicles) are
noncompliance, Morgan contends that
National Highway Traffic Safety affected.
Administration III. Noncompliances: Morgan’s 2 In a December 2007 final rule, NHTSA rewrote
petition concerns two requirements in and reorganized FMVSS No. 108 to provide a more
[Docket No. NHTSA–2013–0101; Notice 2] FMVSS No. 108.1 Both noncompliances straightforward and logical presentation of the
involve the vehicles’ headlights. Morgan regulatory requirements. 72 FR 68234, Dec. 4, 2007.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Morgan 3 Wheeler Limited, Denial of states that the noncompliances are a Those amendments became effective on December
Petition for Decision of 1, 2012. 74 FR 58214, Nov. 12, 2009. The rewrite
result of a configuration error in its was not intended to make any substantive changes
Inconsequential Noncompliance production line. The first to the standard. The subject vehicle population
noncompliance involves the spacing includes vehicles manufactured both before and
AGENCY: National Highway Traffic after this effective date. Prior to the effective date
Safety Administration (NHTSA), between the headlights. Paragraph of the reorganized standard, the headlight spacing
Department of Transportation (DOT). S10.17.1.2.2 of FMVSS No. 108 specifies requirement was contained in S7.9.6.2(b).
3 This provision was located at S7.2(a) in the pre-
ACTION: Denial of petition. 1 49 CFR 571.108. rewrite version of FMVSS No. 108.
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Document Created: 2016-04-12 00:46:58
Document Modified: 2016-04-12 00:46:58
| 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 | Grant of petition. | |
| FR Citation | 81 FR 21662 |
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