[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Page 14748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5650]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13743; Notice 2]


Continental Tire North America Inc., Grant of Application for 
Decision of Inconsequential Noncompliance

    Continental Tire North America Inc., (Continental) has determined 
that a total of 159 P265/70R16 AmeriTrac SUV Radial Passenger Tires and 
7,131 P265/ 70R16 ContiTrac SUV Radial Tires do not meet the labeling 
requirements mandated by Federal Motor Vehicle Safety Standard (FMVSS) 
No. 109, ``New Pneumatic Tires.'' The noncompliant tires were produced 
during the periods March 11-24, 2001, and May 14, 2000-March 24, 2001, 
respectively. Pursuant to 49 U.S.C. 30118(d) and 30120(h), Continental 
has petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has 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 November 15, 2002, in the Federal Register (67 FR 
69300). NHTSA received no comments.
    The petitioner argued as follows: FMVSS No. 109 (S4.3.4(b)) 
requires both the maximum load in kilograms and pounds be molded on the 
tire's sidewall. The rated maximum kilogram load was incorrectly marked 
1190 kg rather than 1090 kg. The rated maximum load in pounds was 
marked correctly. These tires are primarily sold in the domestic 
replacement market, where the load in pounds would be the predominant 
consumer unit of measurement. Continental stated that test results 
confirm that the subject tires meet all other test requirements of 
FMVSS No. 109, support the petition of an inconsequential stamping 
error, which does not affect performance, and is not safety related.
    The agency believes the true measure of inconsequentiality with 
respect to the noncompliance with FMVSS No. 109, paragraph (S4.3.4(b)), 
is whether a consumer and/or retailer who relied on the incorrect 
information could experience a safety problem. In the case of this 
noncompliance, the maximum load value is marked correctly in English 
units. However, while the corresponding load value is correctly marked 
in English units, it is overstated in Metric units. The agency has 
conducted a series of focus groups, as required by the TREAD Act, to 
examine consumer perceptions and understanding of tire labeling. Few of 
the focus group participants had knowledge of tire labeling beyond the 
tire brand name, tire size, and tire pressure.
    Since FMVSS No. 109 applies to tires sold in the U.S., and since 
consumers in the U.S. overwhelmingly rely on units of English measure 
for loading information, the safety issue associated with overloading 
tires as a result of this noncompliance is very small.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance 
described is inconsequential to safety. Accordingly, Continental's 
application is hereby granted and the applicant is exempted from 
providing the notification of the noncompliance as required by 49 
U.S.C. 30118, and from remedying the noncompliance, as required by as 
required by 49 U.S.C. 30120.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: March 17, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-5650 Filed 3-22-05; 8:45 am]
BILLING CODE 4910-59-P