[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Page 14288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4019]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-23684; Notice 2]


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

    Continental Tire North America, Inc. (Continental Tire) has 
determined that certain tires it produced in 2004 and 2005 do not 
comply with the labeling requirements specified in S5.5(d) of 49 CFR 
571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139, ``New 
pneumatic radial tires for light vehicles.'' Pursuant to 49 U.S.C. 
30118(d) and 30120(h), Continental Tire 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 a 
petition was published, with a 30-day comment period, on January 31, 
2006, in the Federal Register (71 FR 5116). NHTSA received no comments.
    Affected are a total of approximately 2,500 model 235/85R16 C 
Grabber TR tires manufactured in 2004 and 2005. S5.5(d) of FMVSS No. 
139 requires that each tire must be marked on each sidewall with the 
maximum load rating. The noncompliant tires are marked on the sidewall 
``max load single 1380 kg (3042 lbs)'' whereas the correct marking 
should be ``max load single 1400 kg (3085 lbs).'' Continental Tire has 
corrected the problem that caused these errors so that they will not be 
repeated in future production.
    Continental Tire believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Continental Tire states,

All other sidewall identification markings and safety information is 
correct. A consumer acting on the incorrect information would 
underload the vehicle by 20 kg per tire. This incorrect load 
capacity molding does not affect the safety, performance and 
durability of the tire; the tire was built as designed.

    The agency agrees with Continental Tire's statement that the 
mismarking does not present a serious safety concern. The agency 
believes that the true measure of inconsequentiality to motor vehicle 
safety in this case is that there is no effect of the noncompliance on 
the operational safety of vehicles on which these tires are mounted. In 
the agency's judgment, the incorrect labeling will have an 
inconsequential effect on motor vehicle safety because, as Continental 
Tire states, a consumer acting on the incorrect information would 
underload the vehicle by 20 kg per tire which does not present a safety 
issue. In addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 139, which is a compliance option for these 
tires. All other informational markings as required by FMVSS No. 139 
are present.
    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 Tire'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: March 14, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-4019 Filed 3-20-06; 8:45 am]
BILLING CODE 4910-59-P