82 FR 45661 - Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 188 (September 29, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 188 (September 29, 2017)
| Page Range | 45661-45663 | |
| FR Document | 2017-20908 |
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)] [Notices] [Pages 45661-45663] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20908] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0040; 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 brand tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. CTA filed a noncompliance report dated March 31, 2017. CTA also petitioned NHTSA on April 27, 2017, and amended it on June 28, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is October 30, 2017. 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 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 Delivery: 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 https://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 https://www.regulations.gov, including any personal information provided. All comments and supporting materials 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 fullest 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 comments, background documentation, and supporting materials 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 https://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 a Federal Register notice published on April 11, 2000, (65 FR 19477-78). SUPPLEMENTARY INFORMATION: I. Overview: Continental Tire the Americas, LLC (CTA), has determined that certain Continental brand tires do not fully comply with paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles. CTA filed a noncompliance report dated March 31, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. CTA also petitioned NHTSA on April 27, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates 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. [[Page 45662]] II. Tires Involved: Approximately 111,500 of the following Continental brand tires, manufactured between August 3, 2014, and March 25, 2017, are potentially involved: XL Continental Cross Contact UHP size 255/55R18 109Y Barum Brillantis 2 size 175/70R13 82T Continental ContiTrac size P225/70R15 100S XL General Grabber UHP size 275/55R20 117V Continental ExtremeContact DWS size 285/30ZR20 99W XL Continental CrossContact LX20 size 245/55R19 103S XL Continental CrossContact LX20 size 285/45R 114H General Altimax RT43 size 215/45R17 87V& III. Noncompliance: CTA states that the noncompliance is due to a mold error, and that as a result, the number of tread plies indicated on the sidewall of the subject tires do not match the actual number of plies in the tire construction, as required by paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139. Specifically, below is a list of the subject tires with the labeling as marked (Marked) and how the sidewall should have been marked (Actual): XL Continental Cross Contact UHP size 255/55R18 109Y --Marked: ``PLIES: TREAD: 2 RAYON + 2 STEEL + 2 POLYAMIDE'' --Actual: ``PLIES: TREAD: 2 RAYON + 2 STEEL + 1 POLYAMIDE'' Barum Brillantis 2 size 175/70R13 82T --Marked: ``TREAD 4 PLIES: 1 POLYESTER + 2 STEEL + 1 POLYAMIDE'' --Actual: ``TREAD 5 PLIES: 1 POLYESTER + 2 STEEL + 2 POLYAMIDE'' Continental ContiTrac size P225/70R15 100S --Marked: ``TREAD 4 PLIES: 2 POLYESTER + 2 STEEL'' --Actual: ``TREAD 5 PLIES: 2 POLYESTER + 2 STEEL + 1 POLYAMIDE'' XL General Grabber UHP size 275/55R20 117V --Marked: ``PLIES: TREAD: 2 POLYESTER + 2 STEEL + 2 POLYAMIDE SIDEWALL: 2 POLYESTER'' --Actual: ``PLIES: TREAD: 2 RAYON + 2 STEEL + 2 POLYAMIDE SIDEWALL: 2 RAYON'' Continental ExtremeContact DWS size 285/30ZR20 99W --Marked: ``PLIES: TREAD: 1 RAYON + 2 STEEL + 2 POLYAMIDE'' --Actual: ``PLIES: TREAD: 2 RAYON + 2 STEEL + 1 POLYAMIDE'' Continental CrossContact LX20 size 245/55R19 103S --Marked: ``PLIES: TREAD: 1 POLYESTER + 2 STEEL + 2 POLYAMIDE'' --Actual: ``PLIES: TREAD: 1 POLYESTER + 2 STEEL + 1 POLYAMIDE'' XL Continental CrossContact LX20 size 285/45R22 114H --Marked: ``PLIES: TREAD: 2 POLYESTER + 2 STEEL + 2 POLYAMIDE'' --Actual: ``PLIES: TREAD: 1 POLYESTER + 2 STEEL + 2 POLYAMIDE'' General Altimax RT43 size 215/45R17 87V --Marked: ``PLIES: TREAD: 2 POLYESTER + 2 STEEL + 1 POLYAMIDE'' --Actual: ``PLIES: TREAD: 2 POLYESTER + 2 STEEL + 2 POLYAMIDE'' IV. Rule Text: Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require 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. . . (e) The generic name of each cord material used in the plies (both sidewall and tread area) of the tire; (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 as it relates to motor vehicle safety. In support of its petition, CTA submitted the following reasoning: (a) The tires covered by this petition are labeled with incorrect information regarding the number of tread plies and in two cases, the incorrect and/or missing ply material. However, 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 subject tires meet or exceed all of the performance requirements specified by FMVSS No. 139. (b) NHTSA has concluded in response to numerous other petitions that this type of noncompliance is inconsequential to safety. (c) Continental cited three petitions \1\ that NHTSA has previously granted and noted that on several occasions NHTSA has stated: --------------------------------------------------------------------------- \1\ Cooper Tire & Rubber Company, 82 FR 17075 (April 7, 2017); Nitto Tire USA, Inc., 81FR 17764 (April 30, 2016); Hankook Tire America Corp., 79 FR 30688 (May 28, 2014); Bridgestone 78 FR 47049 (August 2, 2013). ``In the agency's judgment, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety because most consumers do not base tire purchases or vehicle operation parameters on the ply material in a --------------------------------------------------------------------------- tire.'' (d) All tires covered by this petition meet or exceed the performance requirements of FMVSS No. 139, as well as the other labeling requirements of the standard. (e) CTA is not aware of any crashes, injuries, customer complaints, or field reports associated with the mislabeling. (f) CTA has quarantined all existing inventory of these tires that contain the noncompliant tire sidewall labeling. (g) CTA has corrected the molds at the manufacturing plant, so no additional tires will be manufactured with the noncompliance. CTA concluded by expressing the belief that the subject 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 a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. To view CTA's petition analyses and test data in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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. [[Page 45663]] 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. 2017-20908 Filed 9-28-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45661
Transportation, Maritime Dated: September 26, 2017. 15 pages in length, although there is no
Administration, 1200 New Jersey T. Mitchell Hudson, Jr., limit to the length of necessary
Avenue SE., Room W23–453, Secretary, Maritime Administration. attachments to the comments. If
Washington, DC 20590. Telephone 202– [FR Doc. 2017–20915 Filed 9–28–17; 8:45 am]
comments are submitted in hard copy
366–9309, Email Bianca.carr@dot.gov. form, please ensure that two copies are
BILLING CODE 4910–81–P
SUPPLEMENTARY INFORMATION: As provided. If you wish to receive
described by the applicant the intended confirmation that comments you have
service of the vessel CONUNDRUM is: DEPARTMENT OF TRANSPORTATION submitted by mail were received, please
enclose a stamped, self-addressed
—Intended Commercial Use of Vessel:
National Highway Traffic Safety postcard with the comments. Note that
Charter vessel operations
Administration all comments received will be posted
—Geographic Region: ‘‘Florida, Maine,
without change to https://
New Hampshire, Massachusetts, [Docket No. NHTSA–2017–0040; Notice 1]
www.regulations.gov, including any
Rhode Island, Connecticut, New York,
Continental Tire the Americas, LLC, personal information provided.
Delaware, New Jersey, Maryland,
Receipt of Petition for Decision of All comments and supporting
Virginia, North Carolina, South
Inconsequential Noncompliance materials received before the close of
Carolina, Georgia, Alabama,
business on the closing date indicated
Mississippi, Louisiana, Texas, AGENCY: National Highway Traffic above will be filed in the docket and
Pennsylvania, Ohio, Indiana, Illinois, Safety Administration (NHTSA), will be considered. All comments and
Michigan, Wisconsin, Minnesota’’ Department of Transportation (DOT). supporting materials received after the
The complete application is given in ACTION: Receipt of petition. closing date will also be filed and will
DOT docket MARAD–2017–0168 at be considered to the fullest extent
http://www.regulations.gov. Interested SUMMARY: Continental Tire the possible.
parties may comment on the effect this Americas, LLC (CTA), has determined When the petition is granted or
action may have on U.S. vessel builders that certain Continental brand tires do denied, notice of the decision will also
or businesses in the U.S. that use U.S.- not fully comply with Federal Motor be published in the Federal Register
flag vessels. If MARAD determines, in Vehicle Safety Standard (FMVSS) No. pursuant to the authority indicated at
accordance with 46 U.S.C. 12121 and 139, New Pneumatic Radial Tires for the end of this notice.
MARAD’s regulations at 46 CFR part Light Vehicles. CTA filed a All comments, background
388, that the issuance of the waiver will noncompliance report dated March 31, documentation, and supporting
have an unduly adverse effect on a U.S.- 2017. CTA also petitioned NHTSA on materials submitted to the docket may
vessel builder or a business that uses April 27, 2017, and amended it on June be viewed by anyone at the address and
U.S.-flag vessels in that business, a 28, 2017, for a decision that the subject times given above. The documents may
waiver will not be granted. Comments noncompliance is inconsequential as it also be viewed on the Internet at https://
should refer to the docket number of relates to motor vehicle safety. www.regulations.gov by following the
this notice and the vessel name in order DATES: The closing date for comments online instructions for accessing the
for MARAD to properly consider the on the petition is October 30, 2017. dockets. The docket ID number for this
comments. Comments should also state petition is shown in the heading of this
ADDRESSES: Interested persons are
the commenter’s interest in the waiver notice.
invited to submit written data, views,
application, and address the waiver DOT’s complete Privacy Act
and arguments on this petition.
criteria given in § 388.4 of MARAD’s Statement is available for review in a
Comments must refer to the docket and
regulations at 46 CFR part 388. Federal Register notice published on
notice number cited in the title of this
Privacy Act notice and be submitted by any of the April 11, 2000, (65 FR 19477–78).
following methods: SUPPLEMENTARY INFORMATION:
In accordance with 5 U.S.C. 553(c),
• Mail: Send comments by mail I. Overview: Continental Tire the
DOT/MARAD solicits comments from
addressed to U.S. Department of Americas, LLC (CTA), has determined
the public to better inform its
Transportation, Docket Operations, M– that certain Continental brand tires do
rulemaking process. DOT/MARAD posts
30, West Building Ground Floor, Room not fully comply with paragraphs
these comments, without edit, to
W12–140, 1200 New Jersey Avenue SE., S5.5(e) and S5.5(f) of FMVSS No. 139,
www.regulations.gov, as described in
Washington, DC 20590. New Pneumatic Radial Tires for Light
the system of records notice, DOT/ALL–
• Hand Delivery: Deliver comments Vehicles. CTA filed a noncompliance
14 FDMS, accessible through
by hand to U.S. Department of report dated March 31, 2017, pursuant
www.dot.gov/privacy. In order to
Transportation, Docket Operations, M– to 49 CFR part 573, Defect and
facilitate comment tracking and
30, West Building Ground Floor, Room Noncompliance Responsibility and
response, we encourage commenters to
W12–140, 1200 New Jersey Avenue SE., Reports. CTA also petitioned NHTSA on
provide their name, or the name of their
Washington, DC 20590. The Docket April 27, 2017, pursuant to 49 U.S.C.
organization; however, submission of
Section is open on weekdays from 10 30118(d) and 30120(h) and 49 CFR part
names is completely optional. Whether
a.m. to 5 p.m. except Federal Holidays. 556, for an exemption from the
or not commenters identify themselves,
• Electronically: Submit comments notification and remedy requirements of
all timely comments will be fully
asabaliauskas on DSKBBXCHB2PROD with NOTICES
electronically by logging onto the 49 U.S.C. Chapter 301 on the basis that
considered. If you wish to provide
Federal Docket Management System this noncompliance is inconsequential
comments containing proprietary or
(FDMS) Web site at https:// as it relates to motor vehicle safety.
confidential information, please contact
www.regulations.gov/. Follow the online This notice of receipt of CTA’s
the agency for alternate submission
instructions for submitting comments. petition is published under 49 U.S.C.
instructions.
• Comments may also be faxed to 30118 and 30120 and does not represent
(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, (202) 493–2251. any agency decision or other exercise of
46 U.S.C. 12121) Comments must be written in the judgment concerning the merits of the
By Order of the Maritime Administrator. English language, and be no greater than petition.
VerDate Sep<11>2014 18:50 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1](https://thefederalregister.org/doc/82_FR_45849/page/1.svg)
![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45663
Authority: (49 U.S.C. 30118, 30120: DEPARTMENT OF THE TREASURY Funding Opportunity Number: CDFI–
delegations of authority at 49 CFR 1.95 and 2017–BEA.
501.8). Community Development Financial
Catalog of Federal Domestic
Institutions Fund
Jeffrey M. Giuseppe, Assistance (CFDA) Number: 21.021.
Director, Office of Vehicle Safety Compliance. Funding Opportunity Title: Notice of Key Dates:
[FR Doc. 2017–20908 Filed 9–28–17; 8:45 am] Funds Availability (NOFA) Inviting
BILLING CODE 4910–59–P Applications for the Fiscal Year (FY)
2017 Funding Round of the Bank
Enterprise Award Program (BEA
Program)
Announcement Type: Announcement
of funding opportunity.
TABLE 1—FY 2017 BEA PROGRAM FUNDING ROUND—KEY DATES FOR APPLICANTS
Time
Description Deadline (Eastern Contact Information
Time—ET)
Grant Application Package/SF–424 Mandatory (Application for Fed- November 16, 11:59 p.m. ET .... Contact Grants.gov at 800–518–
eral Assistance). 2017. 4726 or support@grants.gov.
Submission Method: Electronically via Grants.gov ..............................
Last day to contact BEA Program Staff re: BEA Program Application November 28, 5:00 p.m. ET ...... CDFI Fund BEA Helpdesk: 202–
materials. 2017. 653–0421 or BEA Award Man-
agement Information System
(AMIS) Service Request.1
Last day to contact Certification, Compliance Monitoring and Evalua- November 28, 5:00 p.m. ET ...... CCME Helpdesk: 202–653–0423
tion (CCME) staff. 2017. or Compliance and Reporting
AMIS Service Request.2
Last day to contact IT Help Desk re. AMIS support and submission November 30, 5:00 p.m. ET ...... CDFI Fund IT Helpdesk: 202–
of the FY 2017 BEA Program Application in AMIS. 2017. 653–0422 or IT AMIS Service
Request.3
FY 2017 BEA Program Application ...................................................... November 30, 5:00 pm ET ........ CDFI Fund IT Helpdesk: 202–
Submission Method: Electronically via AMIS ....................................... 2017. 653–0422 or IT AMIS Service
Request.4
1 For questions regarding completion of the BEA Application materials, the preferred electronic method of contact with the BEA Program Office
is to submit a Service Request (SR) within AMIS. For the SR, select ‘‘BEA Application’’ for the record type.
2 For Compliance and Reporting related questions, the preferred electronic method of contact is to submit a Service Request (SR) within AMIS.
For the SR, select ‘‘General Inquiry’’ for the record type, and select ‘‘BEA-Compliance & Reporting’’ for the type.
3 For Information Technology support, the preferred method of contact is to submit a Service Request (SR) within AMIS. For the SR, select
‘‘General Inquiry’’ for the record type, and select ‘‘BEA–AMIS technical problem’’ for the type.
4 Ibid.
Executive Summary: This NOFA is I. Program Description complements the community
issued in connection with the fiscal year A. History: The CDFI Fund was development activities of banks and
(FY) 2017 funding round of the Bank established by the Riegle Community thrifts (collectively referred to as banks
Enterprise Award Program (BEA Development and Regulatory for purposes of this NOFA) by providing
Program). The BEA Program is Improvement Act of 1994 to promote financial incentives to expand
administered by the U.S. Department of economic revitalization and community investments in CDFIs and to increase
the Treasury’s Community Development development through investment in and lending, investment, and Service
Financial Institutions Fund (CDFI assistance to CDFIs. Since its creation in Activities within Distressed
Fund). Through the BEA Program, the 1994, the CDFI Fund has awarded more Communities. Providing monetary
CDFI Fund awards formula-based grants than $2.3 billion to CDFIs, community awards to banks for increasing their
to depository institutions that are development organizations, and community development activities
insured by the Federal Deposit financial institutions through the leverages the CDFI Fund’s dollars and
Insurance Corporation (FDIC) for Community Development Financial puts more capital to work in Distressed
Institutions Program (CDFI Program), Communities throughout the nation.
increasing their levels of loans,
investments, Service Activities, and the Native American CDFI Assistance B. Authorizing Statutes and
technical assistance within Distressed Program (NACA Program), and the BEA Regulations: The BEA Program was
Communities, and financial assistance Program. In addition, the CDFI Fund has authorized by the Bank Enterprise
asabaliauskas on DSKBBXCHB2PROD with NOTICES
to certified Community Development allocated $50.5 billion in tax credit Award Act of 1991, as amended. The
Financial Institutions (CDFIs) through allocation authority to Community regulations governing the BEA Program
equity investments, equity-like loans, Development Entities through the New can be found at 12 CFR part 1806 (the
grants, stock purchases, loans, deposits, Markets Tax Credit Program (NMTC Interim Rule). The Interim Rule
Program), guaranteed bonds in the total provides the evaluation criteria and
and other forms of financial and
amount of $1.1 billion through the CDFI other requirements of the BEA Program.
technical assistance, during a specified
Bond Guarantee Program, and awarded Detailed BEA Program requirements are
period. more than $171 million through the also found in the application materials
Capital Magnet Fund. The BEA Program associated with this NOFA (the
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Document Created: 2017-09-29 03:27:00
Document Modified: 2017-09-29 03:27:00
| 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 October 30, 2017. | |
| FR Citation | 82 FR 45661 |
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