[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71434-71435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29740]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0024; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petition for Decision of Inconsequential 
Noncompliance.

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SUMMARY: Continental Tire North America, Inc., (Continental), has 
determined that certain passenger car tires manufactured between March 
of 2007 and June of 2009 did not fully comply with paragraphs S5.5(e) 
and S5.5(f) of Federal Motor Vehicle Safety Standards (FMVSS) No. 139, 
New Pneumatic Radial Tires for Light Vehicles. Continental has filed an 
appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports (dated June 30, 2009).
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Continental has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C.

[[Page 71435]]

chapter 301 on the basis that this noncompliance is inconsequential to 
motor vehicle safety.
    Notice of receipt of Continental's petition was published, with a 
30-day public comment period, on April 7, 2010, in the Federal Register 
(75 FR 17830). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System Web 
site at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2010-0024.''
    For further information on this decision, contact Mr. George 
Gillespie, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5299, 
facsimile (202) 366-7002.
    Affected are approximately 28,169 size 235/55R18 100V SL 
Continental brand CrossContact UHP model passenger car tires 
manufactured between March of 2007 and June of 2009 at Continental's 
plant located in Otrokovice, Czech Republic. A total of 8,858 of these 
tires have been delivered to Continental's customers. The remaining 
tires (approximately 19,311) are being held in Continental's possession 
until they can be correctly relabeled.
    Continental explains that the noncompliance is that, due to a mold 
stamping anomaly, the sidewall marking on the tires incorrectly 
describes the actual generic name and number of the body plies. 
Specifically, the tires in question were inadvertently manufactured 
with ``TREAD 6 PLIES: 2 POLYESTER + 2 STEEL + 2 NYLON; SIDEWALL 2 PLY 
POLYESTER.'' The labeling should have been ``TREAD 5 PLIES: 1 RAYON + 2 
STEEL + 2 NYLON; SIDEWALL 1 PLY RAYON.'' Continental states that all 
other sidewall identification markings and safety information are 
correct.
    Continental argues that this non-compliant sidewall marking is 
inconsequential to motor vehicle safety as it ``does not affect the 
safety, performance and durability of the tire; the tires were built as 
designed.'' In addition, Continental states that the tires comply with 
all other NHTSA requirements.
    Continental said that it performs ongoing compliance testing ``to 
assure tire performance'' and that ``all tires included in this 
petition will meet or exceed the performance requirements of FMVSS 
139.'' Continental further states that ``there will be no operational 
impact on the performance or safety of vehicles on which these tires 
are mounted.''
    Continental points out that NHTSA has previously granted similar 
petitions for non-compliances in sidewall marking.
    Continental also stated that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    In summation, Continental states that it believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.
    NHTSA Decision: The agency agrees with Continental that the 
noncompliances are inconsequential to motor vehicle safety. The agency 
believes that the true measure of inconsequentiality to motor vehicle 
safety in this case is that there is no effect of the noncompliances on 
the operational safety of vehicles on which these tires are mounted. 
The safety of people working in the tire retread, repair, and recycling 
industries must also be considered. Although tire construction affects 
the strength and durability, neither the agency nor the tire industry 
provides information relating tire strength and durability to the 
number of plies and types of ply cord material in the tread and 
sidewall. Therefore, tire dealers and customers should consider the 
tire construction information along with other information such as load 
capacity, maximum inflation pressure, and tread wear, temperature, and 
traction ratings, to assess performance capabilities of various tires. 
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 ply material in a tire.
    The agency also believes the noncompliance will have no measureable 
effect on the safety of the tire retread, repair, and recycling 
industries. The use of steel cord construction in the sidewall and 
tread is the primary safety concern of these industries. In this case, 
since the tire sidewalls do not contain steel plies, this potential 
safety concern does not exist.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the 8,858 \1\ tires that Continental no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles.
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    \1\ Continental's petition, which was filed under 49 CFR part 
556, requests an agency decision to exempt Continental as a 
manufacturer from the notification and recall responsibilities of 49 
CFR part 573 for 8,858 of the affected tires. However, the agency 
cannot relieve distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction 
into interstate commerce of the noncompliant tires under their 
control after Continental notified them that the subject 
noncompliance existed.
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    In consideration of the foregoing, NHTSA has decided that 
Continental has met its burden of persuasion that the subject FMVSS No. 
139 labeling noncompliances are 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 subject noncompliance under 49 U.S.C. 30118 
and 30120.

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

    Issued on: November 7, 2011.
Claude H. Harris,
Director, Acting Associate Administrator for Enforcement.
[FR Doc. 2011-29740 Filed 11-16-11; 8:45 am]
BILLING CODE 4910-59-P