[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53710-53711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17902]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21925; Notice 2]


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

    Continental Tire North America, Inc. (Continental) 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.'' 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

[[Page 53711]]

Reports.'' Notice of receipt of a petition was published, with a 30-day 
comment period, on July 27, 2005, in the Federal Register (70 FR 
43507). NHTSA received no comments.
    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 explained:

    [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 stated 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.''
    NHTSA agrees with Continental that the noncompliance is 
inconsequential to motor vehicle safety. As Continental points out, the 
tires do have markings which provide the correct size and load carrying 
capacities, and the correct manufacturing plant and date can be 
determined. Therefore, there should be no confusion by the user of this 
information, and Continental should be able to identify the tires in 
the event of recall. Continental has corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Continental's petition is granted and the petitioner is exempted from 
the obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: September 2, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-17902 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P