Notice2025-21526
Continental Tire the Americas, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
November 28, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Continental Tire the Americas, LLC ("CTA"), has determined that certain Continental Nanocontact 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 the grant of CTA's petition.
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54867-54868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21526]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0076; 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 Nanocontact 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 the grant of CTA's petition.
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.
Notice of receipt of CTA's petition was published with a 30-day
public comment period, on April 18, 2024, in the Federal Register (89
FR 27831). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Then follow the online
search instructions to locate docket number ``NHTSA-2021-0076.''
II. Tires Involved
Approximately 419 Continental VanContact A/S tires, size LT245/
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 ``LT245/70R17 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 do not reflect the views of NHTSA. 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 all the performance requirements of FMVSS 139 for LT
245/70R17 119/116 Q, Load Range E tires.
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 scrapped 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.
VI. NHTSA's Analysis
In determining the inconsequentiality of a noncompliance, NHTSA
focuses on the safety risk to individuals who experience the type of
event against which a recall would otherwise protect.\1\ In general,
NHTSA does not consider the absence of complaints or injuries when
determining if a noncompliance is inconsequential to safety. The
absence of complaints does not mean vehicle occupants have not
experienced a safety issue, nor does it mean that there will not be
safety issues in the future.\2\ Further, because each inconsequential
noncompliance petition must be evaluated on its own facts and
determinations are highly fact-dependent, NHTSA does not consider prior
determinations as binding precedent. Petitioners are reminded that
[[Page 54868]]
they have the burden of persuading NHTSA that the noncompliance is
inconsequential to safety.
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\1\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\2\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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NHTSA has evaluated the merits of the petition submitted by CTA and
is granting its request for relief from notification and remedy based
on the following:
1. NHTSA has no basis to believe that the subject tires do not meet
the performance and labeling requirements of FMVSS No. 139, except for
the ``LT'' size designation marking.
2. CTA has confirmed that all the subject tires were installed on
pre-serial production vehicles which will not be sold to consumers, and
consequently, none of the subject tires were sold into the replacement
market. Because of this, the risk of the tires being incorrectly
applied to a vehicle for which they were not designed is minimized.
3. All the tire loading information, including the load range
letter ``E,'' is correctly marked. Therefore, omission of the LT
designation combined with the fact that the subject tires are correctly
marked with the highest load specified for 245/70R17 tires within the
TRA Yearbook and ETRTO manuals, does not increase risk of overloading
the tires, regardless of the vehicle on which the tires are installed.
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that CTA has met its
burden of persuasion that the subject FMVSS No. 139 noncompliance in
the affected tires is inconsequential to motor vehicle safety.
Accordingly, CTA's petition is hereby granted and CTA is consequently
exempted from the obligation of providing notification of, and a free
remedy for, that noncompliance under 49 U.S.C. 30118 and 30120.
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)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2025-21526 Filed 11-26-25; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on November 28, 2025.
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