[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Notices]
[Pages 27833-27834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08279]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0073; Notice 1]


Continental Tire the Americas, LLC, Receipt of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Continental Tire the Americas, LLC (``CTA''), has determined 
that certain Continental VanContact A/S tires do not fully comply with 
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic 
Radial Tires for Light Vehicles. CTA filed an original noncompliance 
report dated September 10, 2021, and subsequently petitioned NHTSA on 
September 30, 2021, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of CTA's petition.

DATES: Send comments on or before May 20, 2024.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the docket. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.

SUPPLEMENTARY INFORMATION:

I. Overview

    CTA has determined that certain Continental VanContact A/S tires do 
not fully comply with the requirements of paragraph S5.5(b) of FMVSS 
No. 139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 
571.139). CTA filed a noncompliance report dated September 10, 2021, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. CTA subsequently petitioned NHTSA on September 30, 2021, 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential as it relates to motor vehicle safety, pursuant to 49 
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for 
Inconsequential Defect or Noncompliance.
    This notice of receipt of CTA'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.

II. Tires Involved

    Approximately 419 Continental VanContact A/S tires, size LT 245/
70R17 119/116 Q, manufactured between May 31, 2020, and May 22, 2021, 
are potentially involved.

III. Noncompliance

    CTA explains that the noncompliance is that the tire size 
designation on both sidewalls of the subject tires, is missing the tire 
size prefix ``LT'' and, therefore, does not fully comply with paragraph 
S5.5(b) of FMVSS No. 139. Specifically, the tire size on the subject 
tires' sidewalls read ``245/70R17 119/116 Q,'' however, they should 
read ``LT 245/70R17 119/116 Q.''

IV. Rule Requirements

    Paragraph S5.5(b) of FMVSS No. 139 includes the requirements 
relevant to this petition. Each tire must be marked on each sidewall 
with the tire size designation as listed in the documents and 
publications specified in S4.1.1 of the standard.

V. Summary of CTA's Petition

    The following views and arguments presented in this section, ``V. 
Summary of CTA's Petition,'' are the views and arguments provided by 
CTA. They have not been evaluated by the Agency and do not reflect the 
views of the Agency. CTA describes the subject noncompliance and 
contends that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    In support of its petition, CTA submits the following reasoning:
    CTA says that other than the missing tire size designation marking 
on both sidewalls, the subject tires contain all other required 
markings and meet the performance requirements of FMVSS No. 139.

[[Page 27834]]

    CTA states its belief that the missing markings do not impact the 
operational safety of the tires. CTA adds that the subject tire 
sidewalls contain the correct markings for the Load Index and load 
capacities for single and dual fitments and that ``there is no higher 
load tire specified for size 245/70R17 in the [Tire and Rim 
Association] yearbook or the European Tyre and Rim Technical 
Organization, thus the tires could not mistakenly be placed in an 
overloaded application.''
    CTA contends that the granting of a petition submitted by Michelin 
North America Incorporated describes a similar noncompliance to the one 
affecting the subject tires and therefore, supports the granting of its 
petition. See Michelin North America, Incorporated, Grant of Petition 
for Decision of Inconsequential Noncompliance, 78 FR 30963 (May 23, 
2013).
    CTA also says that the subject tires were installed on ``pre-serial 
production vehicles'' that were not sold to end consumers or released 
into the replacement tire market. Additionally, CTA says that all 
remaining CTA inventory will be destroyed and that ``no additional 
tires will be manufactured or sold with the noncompliance.''
    CTA concludes that the subject noncompliance is inconsequential as 
it relates to motor vehicle safety and that its petition to be exempted 
from providing notification of the noncompliance, as required by 49 
U.S.C. 30118, and a remedy for the noncompliance, as required by 49 
U.S.C. 30120, should be granted.
    In response to email correspondence from NHTSA on November 7, 2022, 
CTA clarified that Rivian owned, controlled, and operated the subject 
vehicles and the tires were sent to Toyota Arizona Proving Grounds for 
Prototype vehicle testing.
    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, any decision on 
this petition only applies to the subject tires that CTA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve equipment 
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 CTA 
notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-08279 Filed 4-17-24; 8:45 am]
BILLING CODE 4910-59-P