[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Notices]
[Pages 49254-49255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24089]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-8459; Notice 2]


Continental General Tire, Inc.; Grant of Application for Decision 
That Noncompliance Is Inconsequential to Motor Vehicle Safety

    Continental General Tire, Inc., (Continental) has determined that 
approximately 22,500 P235/75R15 Grabber AT OWL passenger tires supplied 
to the replacement market do not meet the labeling requirements 
mandated by Federal Motor Vehicle Safety Standard (FMVSS) No. 109, 
``New Pneumatic Tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Continental petitioned 
for a determination that this noncompliance is inconsequential to motor 
vehicle safety and filed an appropriate report pursuant to 49 CFR Part 
573, ``Defect and Noncompliance Reports.''
    Notice of receipt of the application was published, with a 30-day 
comment period, on January 2, 2001 in the Federal Register (66 FR 131). 
NHTSA received one comment on this application, which was submitted by 
Advocates for Highway and Auto Safety (Advocates).
    FMVSS No. 109, paragraph S4.3 (e), requires that each tire shall 
have permanently molded into or onto both sidewalls the actual number 
of plies in the sidewall, and the actual number of plies in the tread 
area, if different.
    According to Continental, the noncompliance with S4.3 (e) relates 
to the mold numbers 33316 and 33317,

[[Page 49255]]

which ran for the production period of March 28, 1999 through August 
25, 2000 with an incorrect sidewall stamping. The stamping at the rim 
line read: Tread 5 plies--2 Steel + 2 Polyester + 1 Nylon. It should 
have read: Tread 4 Plies--2 Steel + 2 Polyester. Continental stated 
that the sidewalls of the tires have all the proper markings, except 
the subject plies, per 49 CFR Section 571.109, and that in all 
applications the tire service information is correct and no unsafe 
conditions would be created due to the noncompliance. Continental 
further stated that the tire label attached to the tread surface 
provides accurate information concerning tire size and design.
    Advocates indicated in its comments (Docket No. NHTSA-8549-2) that 
events of the past year involving tires and sport utility vehicles 
point out a need to focus on the quality and quantity of consumer 
information provided on tires. Advocates stated that Continental did 
not provide information to substantiate its claim that no unsafe 
conditions would be created by this noncompliance. According to 
Advocates, Continental should be required to establish that it has not 
engaged in marketing tires with more plies in the tread and sidewall as 
being superior to tires with fewer plies in the tread and sidewall 
construction. Advocates also suggested that Continental's record of 
submission of petitions for inconsequential noncompliance with regard 
to tire labeling issues be reviewed since that company also petitioned 
the agency in a similar matter several months prior to this petition. 
Advocates indicated that, in this case, the agency or the petitioner 
must establish that the tire construction (number of plies in the 
sidewall and tread and the cord material) information is not of safety-
related importance to consumers or that few consumers consider the tire 
construction information when making a tire purchase.
    Actions by the agency since November 2000, in response to 
Congressional requirements, have addressed most of the concerns raised 
by Advocates in its docket submission. The Transportation Recall, 
Enhancement, Accountability, and Documentation (TREAD) Act of November 
2000 required, among other things, that the agency initiate rulemaking 
to improve tire label information. In response to Section 11 of the 
TREAD Act, the agency published an Advance Notice of Proposed 
Rulemaking (ANPRM) in the Federal Register on December 1, 2000 (65 FR 
75222). The agency received more than 20 comments addressing the ANPRM, 
which sought comments on the tire labeling information required by 49 
CFR Sections 571.109 and 571.119, Part 567, Part 574, and Part 575. 
Most of the comments were from motor vehicle and tire manufacturers, 
although several private citizens and consumer interest organizations 
responded to the ANPRM. With regard to the tire construction labeling 
requirements of FMVSS 109, S4.3 (d) and (e), most commenters indicated 
that the information was of little or no safety value to consumers. 
However, the tire construction information is valuable to the tire re-
treading, repair, and recycling industries, according to several trade 
groups representing tire manufacturing. The International Tire and 
Rubber Association, Inc. (ITRA) indicated that the tire construction 
information is used by tire technicians to determine the steel content 
of a tire and to select proper retread, repair, and recycling 
procedures.
    To address Advocates' request for tire marketing information, 
Continental indicated that the company has not promoted tires with the 
construction characteristics mistakenly molded into the subject tires. 
According to Continental, the company does not build tires of that 
construction type for public consumption (Tread: 5 plies--2 plies steel 
+ 2 plies Polyester + 1 ply Nylon). With regard to Advocates' 
suggestion that Continental's petition record be reviewed, Continental 
indicated that it petitioned the agency twice in the recent past for a 
determination of inconsequential noncompliance involving tire 
construction labeling issues. These include the petition associated 
with this Notice, dated October 16, 2000, and a petition dated August 
15, 2000, which was granted on August 9, 2001 (66 FR 41930).
    In addition to the written comments solicited by the tire labeling 
ANPRM, the agency conducted a series of focus groups, as required by 
TREAD, to examine consumer perceptions and understanding of tire 
labeling. It was determined that few of the focus group participants 
had knowledge of the information molded into the tire sidewall with the 
exception of the tire brand name, tire size, and tire pressure.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we concur that it is likely that few 
consumers are influenced by the tire construction information (number 
of plies and cord material in the sidewall and tread plies) provided on 
the tire label when making a motor vehicle or tire purchase decision. 
However, the tire repair, retread, and recycling industries do use the 
tire construction information.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety in this case is the effect of the noncompliance on 
the operational safety of vehicles on which these tires are mounted. 
The safety of people working in the tire retread, repair, and recycling 
industries must also be considered. Although tire construction affects 
tire strength and durability, neither the agency nor the tire industry 
provides information relating the strength and durability of a tire to 
the number and types of plies in the tread and sidewall. Therefore, 
tire dealers and customers should consider the tire construction 
information along with other information such as the load capacity, 
tread wear, temperature, and traction when assessing performance 
capabilities of various tires.
    In the agency's judgment, the incorrect labeling of the tire 
construction information will have an inconsequential effect on motor 
vehicle safety. The agency believes the safety of the users of these 
tires as replacements will not be adversely affected by the 
noncompliance because most consumers do not base tire purchases or 
vehicle operation parameters on tire construction information. The 
agency reached the conclusion that the noncompliance will not have a 
significant effect on the safety of the tire retread, repair, and 
recycling industries. The use of steel cord construction in the 
sidewall and tread is the primary safety concern of these industries, 
according to ITRA. In this case, the steel used in the construction of 
the tires is properly labeled.
    In consideration of the foregoing, NHTSA has decided that the 
burden of persuasion has been met and that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, Continental's 
application is granted and the applicant is exempted from providing the 
notification of the noncompliance that would be required by 49 U.S.C. 
30118, and from remedying the noncompliance, as would be required by 49 
U.S.C. 30120.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: September 20, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-24089 Filed 9-25-01; 8:45 am]
BILLING CODE 4910-59-P