Notice2022-12405
Continental Tire the Americas, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
June 9, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Continental Tire the Americas, LLC ("CTA"), has determined that certain Altimax RT 43 replacement passenger car 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 April 20, 2021, and subsequently petitioned NHTSA on May 13, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35283-35284]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12405]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0042; 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 Altimax RT 43 replacement passenger car 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 April 20, 2021, and subsequently petitioned
NHTSA on May 13, 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 July 11, 2022.
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:
<bullet> 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.
<bullet> 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.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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, Office of Vehicle
Safety Compliance, NHTSA, (325) 655-0547, <a href="/cdn-cgi/l/email-protection#642e051d100b0a4a280d0a0008011d24000b104a030b12"><span class="__cf_email__" data-cfemail="8cc6edf5f8e3e2a2c0e5e2e8e0e9f5cce8e3f8a2ebe3fa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
CTA has determined that certain Altimax RT43 replacement passenger
car tires do not fully comply with the requirements of paragraph
S5.5.1(b) of FMVSS No. 139, New Pneumatic Radial Tires for Light
Vehicles (49 CFR 571.139). CTA filed a noncompliance report dated April
20, 2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. CTA subsequently petitioned NHTSA on May
13, 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 three (3) Altimax RT43 replacement passenger car
tires, size 175/65R14 82T, manufactured between March 8, 2020, and
March 14, 2020, are potentially involved.
[[Page 35284]]
III. Noncompliance
CTA explains that the noncompliance is due to a mold error in which
the subject tires contain a tire identification number (TIN) that omits
the 3-digit plant code and the 6-symbol manufacturer's identification
mark as required by paragraph S5.5.1(b) of FMVSS No. 139 and paragraph
574.5(b). Specifically, the subject tires should have been labeled
``DOT 036 0F934V 1020'' on the outboard sidewall and ``DOT 036 0F934V''
on the inboard sidewall but were instead labeled ``DOT 1020'' on the
outboard sidewall and ``DOT'' on the inboard sidewall.
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No. 139 includes the requirements
relevant to this petition.
<bullet> For tires manufactured on or after September 1, 2009, each
tire must be labeled with the tire identification number required by 49
CFR part 574 on the intended outboard sidewall of the tire.
<bullet> Except for retreaded tires, if a tire does not have an
intended outboard sidewall, the tire must be labeled with the tire
identification number required by 49 CFR part 574 on one sidewall and
with either the tire identification number or a partial tire
identification number, containing all characters in the tire
identification number except for the date code and, at the discretion
of the manufacturer, any optional code, on the other sidewall.
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 submitted the following reasoning:
CTA says that in most instances, it ``tests its tires to standards
which exceed the FMVSS minimums.'' CTA asserts that ``the subject tires
contain all the necessary sidewall markings to show compliance with
FMVSS testing'' and that other than the incorrect TIN marking, the
tires ``meet or exceed'' FMVSS No. 139 performance and labeling
requirements.
According to CTA, the serial sidewall of the subject tires displays
the correct DOT production week and year and when combined with other
markings available on the tire, they can be uniquely identified.
CTA cites the following previous inconsequentiality petitions to
support its argument:
a. Michelin North America, Inc., 85 FR 37495 (June 22, 2020).
b. Cooper Tire & Rubber Company, 82 FR 52966 (November 15, 2017).
c. Cooper Tire & Rubber Company, 82 FR 17510 (April 11, 2017).
CTA states that it is not aware of any tire failures related to
performance that resulted in an accident, injury, property damage,
customer complaint, or any field reports associated with the
mislabeling.
CTA says that they have quarantined its current inventory of the
noncompliant tires leaving three tires remaining in the market.
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.
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. 2022-12405 Filed 6-8-22; 8:45 am]
BILLING CODE 4910-59-P
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