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Continental Tire North America, LLC, Mootness of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Continental

Continental Tire North America, LLC, Mootness of Petition for Decision of Inconsequential Noncompliance

Claude H. Harris
National Highway Traffic Safety Administration
October 24, 2012


[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 65050-65051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26159]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0153; Notice 2]


Continental Tire North America, LLC, Mootness of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of petition mootness.

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SUMMARY: Continental Tire North America, LLC.\1\ (Continental), has 
determined that certain passenger car replacement tires manufactured in 
2009, do not fully comply with paragraph S5.5(b) of Federal Motor 
Vehicle Safety Standard (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 August 10, 2010).
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    \1\ Continental Tire North America, LLC. (Continental) is a 
replacement equipment manufacturer and importer that is incorporated 
in the state of Ohio.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Continental has petitioned for an exemption from 
the notification and remedy requirements of 49 U.S.C. 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 November 29, 2010, in the Federal 
Register (75 FR 73159). 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-2010-0153.''

[[Page 65051]]

    Contact Infromation: 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.
    Summary of Continental's Petition: Affected are approximately 
17,121 size 235/45ZR17 94W Continental brand Extremecontact DWS model 
passenger car tires manufactured from March 2009 to October 2009 at 
Continental's plant located in Cama[ccedil]ari-BA, Brasil. A total of 
approximately 16,245 of these tires have been delivered to 
Continental's customers in the United States.
    Continental explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of the tires 
incorrectly identifies the tire size code as ``658R 3VR'' when in fact 
it should be identified as ``658P 3VR'' in the tread area of the tires 
as required by paragraph S5.5(b).
    Continental also explains that while the noncompliant tires are 
mislabeled, all of the tires included in this petition meet or exceed 
the performance requirements of FMVSS No. 139. Continental argues that 
this noncompliance is inconsequential to motor vehicle safety because 
the noncompliant sidewall marking does not create an unsafe condition 
and all other labeling requirements have been met.
    Continental points out that NHTSA has previously granted similar 
petitions for non-compliances in sidewall marking.
    Continental additionally states that it has corrected the affected 
tire molds and all future production will have the correct material 
shown on the sidewall.
    In summation, Continental believes that the described noncompliance 
of its tires to meet the requirements of FMVSS No. 139 is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt from providing recall notification of noncompliance as required 
by 49 U.S.C. 30118 and remedying the recall noncompliance as required 
by 49 U.S.C. 30120, and should be granted.
    NHTSA Decision:
    Inconsequential noncompliance petitions filed under 49 CFR Part 556 
only apply to situations where there is a noncompliance with a Federal 
motor vehicle safety standard (FMVSS). In its petition, Continental 
stated that the tires in question have two different tire size codes, 
one on each sidewall. In discussions with NHTSA, subsequent to the 
notification of petition receipt, Continental explained that it has 
designated both of the size codes for this tire model to have the same 
meaning and that either the full TIN or the partial TIN uniquely 
identifies these tires. Based on this, NHTSA has determined that the 
alleged tire sidewall labeling noncompliance described in the subject 
petition is not a noncompliance with FMVSS No. 139 or any other 
applicable FMVSS. Therefore, this petition is moot and no further 
action on the petition is warranted.

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

    Issued on: October 17, 2012.
Claude H. Harris,
 Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-26159 Filed 10-23-12; 8:45 am]
BILLING CODE 4910-59-P



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