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###### Department of Transportation

###### National Highway Traffic Safety Administration

          - [Docket No. NHTSA-2015-0015; Notice 1]

# AGENCY:

National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).

# ACTION:

Receipt of petition.

# 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.*

# DATES:

The closing date for comments on the petition is May 18, 2015.

# 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 at the beginning of this notice and submitted by any of the following methods:
      - Mail: Send comments by mail addressed to: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
      - Hand Deliver: Deliver comments by hand to: 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 Federal Holidays.
      - Electronically: Submit comments electronically by: Logging onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/​ . Follow the online instructions for submitting comments. 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 your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to                         *http://www.regulations.gov*, including any personal information provided.                    

                        Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at                         *http://www.regulations.gov*                         by following the online instructions for accessing the dockets. DOT's complete Privacy Act Statement is available for review in the                         **Federal Register**                         published on April 11, 2000, (65 FR 19477-78).                    

                        The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the                         **Federal Register**                         pursuant to the authority indicated below.                    

# 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.                

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:*                     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                           ( print page 20571)                        “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. 110 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:                

(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 Noncompliance's 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 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).

Jeffrey Giuseppe,

Director, Office of Vehicle Safety Compiance.

[FR Doc. 2015-08692 Filed 4-15-15; 8:45 am]

 BILLING CODE 4910-59-P