[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Notices]
[Pages 48580-48581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13778]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-24928; Notice 2]


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

    Continental Tire North America (Continental) has determined that 
certain tires it produced in 2004 and 2005 do not comply with S5.5(f) 
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 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 June 14, 2006, 
in the Federal Register (71 FR 34414). NHTSA received no comments.
    Affected are a total of approximately 2,627 model 235/55R17 99H 
Conti Pro Contact replacement tires manufactured during 2004 and 2005. 
S5.5(f) of FMVSS No. 139 requires the actual number of plies in the 
tread area to be molded on both sidewalls of each tire. The 
noncompliant tires are marked on the sidewall ``Tread Plies 1 Rayon + 2 
Steel + 2 Nylon'' whereas the correct marking should be ``Tread Plies 1 
Rayon + 2 Steel + 1 Nylon.'' Continental 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 are correct. This noncompliant sidewall marking does not 
affect the safety, performance and durability of the tire; the tires 
were built as designed.

    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Pub. L. 106-414) required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response, 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 on the tire labeling 
information required by 49 CFR 571.109 and 119, part 567, part 574, and 
part 575. In addition, the agency 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.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we have

[[Page 48581]]

concluded that it is likely that few consumers have been influenced by 
the tire construction information (number of plies and cord material in 
the sidewall and tread plies) provided on the tire label when deciding 
to buy a motor vehicle or tire.
    Therefore, the agency agrees with Continental's statement that the 
incorrect markings in this case do not present a serious safety 
concern.\1\ 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 of the tire construction information 
will have an inconsequential effect on motor vehicle safety because 
most consumers do not base tire purchases or vehicle operation 
parameters on the number of plies in the tire. In addition, the tires 
are certified to meet all the labeling requirements of FMVSS No. 139 
and all other informational markings as required by FMVSS No. 139 are 
present.
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    \1\ This decision is limited to its specific facts. As some 
commenters on the ANPRM noted, the existence of steel in a tire's 
sidewall can be relevant to the manner in which it should be 
repaired or retreaded.
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    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: August 14, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-13778 Filed 8-18-06; 8:45 am]
BILLING CODE 4910-59-P