[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Page 43507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14856]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21925; Notice 1]


Continental Tire North America, Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

    Continental Tire North America, Inc. (Continental Tire) has 
determined that certain tires that it produced do not comply with S6.5 
of 49 CFR 571.119, Federal Motor Vehicle Safety Standard (FMVSS) No. 
119, ``New pneumatic tires for vehicles other than passenger cars.'' 
Continental Tire has filed an appropriate report pursuant to 49 CFR 
Part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Continental Tire has 
petitioned 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 Continental Tire'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.
    Affected are a total of approximately 430 tires produced on May 24, 
2005. One requirement of S6.5 of FMVSS No. 119, tire markings, is that 
the tire identification shall comply with 49 CFR Part 574, ``Tire 
Identification and Recordkeeping,'' which includes the marking 
requirements of 574.5(b) DOT size code, and 574.5(c) DOT tire type. The 
subject tires are incorrectly marked for both size code and tire type. 
The markings read ``A3 3T 1WP XXXX'' when they should read ``A3 55 1N1 
XXXX.''
    Continental Tire explains:

    [T]he curing mold used in the production of the tires was being 
serviced. During the service, the interchangeable plugs that contain 
the DOT size and type information came out of the mold. The 
individual replacing the plugs inserted plugs engraved with the 
incorrect information. The noncompliance was discovered after 430 
tires had been cured in this mold.

    Continental Tire believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Continental Tire states that ``[a]ll other sidewall identification 
markings and safety information are correct, referring to recognizable 
size markings and load carrying capacities. A consumer or dealer 
examining the DOT Code could still determine the correct manufacturing 
plant and correct manufacturing date.''
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments 
may be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: Go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed 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 be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: August 26, 2005.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: July 21, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-14856 Filed 7-26-05; 8:45 am]
BILLING CODE 4910-59-P