Continental Tire the Americas, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Continental Tire
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Jeffrey Giuseppe
National Highway Traffic Safety Administration
June 11, 2015
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33331-33332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14252]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0015; Notice 2]
Continental Tire the Americas, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Continental Tire the Americas, LLC, (CTA), has determined that
certain Continental replacement passenger car tires do not fully comply
with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS)
No. 139, New Pneumatic Radial Tires for Light Vehicles. CTA has filed
an appropriate report dated January 7, 2015, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports.
ADDRESSES: For further information on this decision contact Abraham
Diaz, Office of Vehicles Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5310,
facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. CTA's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556), CTA submitted a petition 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 the CTA's petition was published, with a 30-
day public comment period, on April 16, 2015 in the Federal Register
(80 FR 20570). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2015-0015.''
II. Tires Involved: Affected are approximately 116,500 Continental
ExtremeContact DWS size 225/45R17 91W, Continental ExtremeContact DW
size 225/45R17 91W and General G-Max AS-03 size 225/45R17 91W passenger
car tires.
III. Noncompliance: CTA explains that the noncompliance is that due
to mold labeling errors, the sidewall markings on the subject tires do
not correctly describe the actual number of plies in the tread area of
the tires as required by paragraph S5.5(f) of FMVSS No. 139.
Specifically, the Continental ExtremeContact DWS size 225/45R17 91W
tires were manufactured with ``Tread 4 Plies: 1 Polyester + 2 Steel + 1
Polyamide.'' The correct labeling and stamping should have been ``Tread
5 Plies: 1 Polyester + 2 Steel + 2 Polyamide.'' The Continental
ExtremeContact DW size 225/45R17 91W tires were manufactured with
``Tread 4 Plies: 1 Polyester + 2 Steel + 1 Polyamide.'' The correct
labeling and stamping should have been ``Tread 5 Plies: 1 Polyester + 2
Steel + 2 Polyamide.'' The General G-Max AS-03 size 225/45R17 91W tires
were manufactured with ``Plies: Tread: 1 Polyester + 2 Steel + 1
Polyamide.'' The correct labeling and stamping should have been
``Plies: Tread: 1 Polyester + 2 Steel + 2 Polyamide.''
IV. Rule Text: Paragraph S5.5 of FMVSS No. 139 requires in
pertinent part:
S5.5 Tire Markings. Except as specified in paragraphs (a)
through (i) of S5.5, each tire must be marked on each sidewall with
the information specified in S5.5(a) through (d) and on one sidewall
with the information specified in S5.5(e) through (i) according to
the phase-in schedule specified in S7 of this standard . . .
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different;
V. Summary of CTA's Analyses: CTA stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
[[Page 33332]]
(A) CTA believes that the mislabeling of the number of plies on the
subject tires has no impact on the operational performance of the
subject tires or on the safety of vehicles on which these tires are to
be mounted. CTA states that the subject tires also meet or exceed all
of the performance requirements specified by FMVSS No. 139.
(B) CTA states that they are unaware of any accidents or injuries
that have occurred as a result of this noncompliance.
(C) CTA states that NHTSA has previously granted similar petitions
for Inconsequential Noncompliances in the past.
CTA has additionally informed NHTSA that it has corrected the
subject noncompliance.
In summation, CTA believes that the described noncompliance of the
subject tires is inconsequential to motor vehicle safety, and that its
petition, to exempt CTA 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 should be granted.
NHTSA's Decision
NHTSA's Analysis of CTA's Arguments: The agency agrees with CTA
that the noncompliance is 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
noncompliance on the operational safety of the 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 to 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 judgement,
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 a tire.
The agency believes the noncompliance will have no measureable
effect on the safety of 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 sidewall is marked correctly for the number of steel plies, this
potential safety concern does not exist.
NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that CTA has met its burden of persuasion that the
noncompliance described is inconsequential to motor vehicle safety.
Accordingly, CTA's petition is hereby granted and CTA is exempted from
the obligation of providing notification of, and remedy for the subject
noncompliance.
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 subject tires that CTA no longer controlled at the
time it determined that the noncompliance existed. However, the
granting of this petition does not relieve tire 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).
Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14252 Filed 6-10-15; 8:45 am]
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