
[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Notices]               
[Page 11174-11175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr09-117]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0118; Notice 2]

 
Continental Tire North America, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

    Continental Tire North America, Inc. (Continental), has determined 
that certain passenger car tires manufactured during December of 2007 
and January of 2008 did not fully comply with paragraph S5.5(e) 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.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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 the petition was published, with a 30-day public comment 
period, on June 26, 2008 in the Federal Register (73 FR 36371). 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-2008-0118.''
    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.
    Affected are approximately 1,925 size 255/60R17 106 H Continental 
CrossContact LX ETRTO passenger car tires manufactured in Continental's 
Mount Vernon, Illinois plant during December of 2007 and January of 
2008.
    Paragraph S5.5(e) 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. The markings 
must be placed between the maximum section width and the bead on at 
least one sidewall, unless the maximum section width of the tire is 
located in an area that is not more than one-fourth of the distance 
from the bead to the shoulder of the tire. If the maximum section 
width falls within that area, those markings must appear between the 
bead and a point one-half the distance from the bead to the shoulder 
of the tire, on at least one sidewall. The markings must be in 
letters and numerals not less than 0.078 inches high and raised 
above or sunk below the tire surface not less than 0.015 inches * * 
*.
    (e) The generic name of each cord material used in the plies 
(both sidewall and tread area) of the tire; * * *.

    Continental explains that the noncompliance is that the sidewall 
marking incorrectly identifies the

[[Page 11175]]

generic material of the plies in the body of the tire as rayon when 
they are in fact polyester. Specifically, the tires in question were 
inadvertently manufactured with ``TREAD 6 PLIES 2 RAYON + 2 STEEL + 2 
NYLON SIDEWALL 2 PLIES 2 RAYON'' marked on the sidewall. The labeling 
should have been ``TREAD 6 PLIES 2 POLYESTER + 2 STEEL + 2 NYLON 
SIDEWALL 2 PLIES 2 POLYESTER.''
    Continental states that it discovered the mold labeling error that 
caused the non-compliance during a routine quality audit.
    Continental makes the argument that this noncompliance is 
inconsequential to motor vehicle safety because the noncompliant 
sidewall marking does not affect the safety, performance and durability 
of the tire and that the tires were built as designed and all other 
sidewall identification markings and safety information are correct.
    Continental further states that it performs ongoing compliance 
testing to assure tire performance, and that all of the subject tires 
will meet or exceed the performance requirements of FMVSS No. 139. 
Continental also states its belief that there will be no operational 
impact on the performance or safety of vehicles on which these tires 
are mounted.
    Continental also points out that NHTSA has previously granted 
petitions for sidewall marking noncompliances that it believes are 
similar to the instant noncompliance.
    Continental also stated that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    In summation, Continental states that it believes that because the 
noncompli- ances are inconsequential to motor vehicle safety that no 
corrective action is warranted.

NHTSA Decision

    The agency agrees with Continental 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 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 in the tread and 
sidewall. Therefore, tire dealers and customers should consider the 
tire construction information along with other information such as the 
load capacity, maximum inflation pressure, and tread wear, temperature, 
and traction ratings, to assess performance capabilities of various 
tires. In the agency's judgment, 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 ply material in a tire.
    The agency also believes the noncompliance will have no measurable 
effect on the safety of the 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 sidewalls are marked correctly for the number of steel 
plies, this potential safety concern does not exist.
    In consideration of the foregoing, NHTSA has decided that 
Continental has met its burden of persuasion that the subject FMVSS No. 
139 labeling noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Continental's petition is granted and the petitioner is 
exempted from the obligation of providing notification of, and a remedy 
for, the subject noncompliance under 49 U.S.C. 30118 and 30120.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
49 CFR 1.50 and 501.8.

    Issued on: March 10, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E9-5638 Filed 3-13-09; 8:45 am]

BILLING CODE 4910-59-P
