Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 22023 

1https://recallinfo.ustires.org/. 

NHTSA, Office of Vehicle Safety 

Compliance, (325) 655–0547. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

CTA has determined that certain 

Continental motorcycle tires from 

several different tire lines do not fully 

comply with the requirements of 

paragraph S6.5(b) of FMVSS No. 139, 

New Pneumatic Tires for Motor Vehicles 

with a GVWR of More Than 4,536 

Kilograms (10,000 Pounds) (49 CFR 

571.119). CTA filed a noncompliance 

report dated December 2, 2021, 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. CTA subsequently petitioned 

NHTSA on December 22, 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 14,198 Continental 

motorcycle tires, size 100/80–16 M/C 

50P, manufactured between July 2, 

2018, and September 24, 2020, are 

potentially involved. 

III. Noncompliance 

CTA explains the noncompliance is 

that the tires contain unallowed 

symbols in the tire identification 

number (TIN) and, therefore, do not 

meet the requirements of 49 CFR 

574.5(f) which results in a 

noncompliance with paragraph S6.5(b) 

of FMVSS No. 119. Specifically, the 

sidewalls of the subject tires are marked 

with a TIN that may contain one of the 

following unallowed symbols: G, I, O, 

Q, S, and Z. 

IV. Rule Requirements 

Paragraph S6.5(b) of FMVSS No. 119 

includes the requirements relevant to 

this petition. Each tire must be marked 

on each sidewall with the TIN required 

by part 574. Specifically, part 574.5(f) 

states that the only symbols that 

manufacturers and retreaders are 

allowed to use in the tire identification 

number are: A, B, C, D, E, F, H, J, K, L, 

M, N, P, R, T, U, V, W, X, Y, 1, 2, 3, 

4, 5, 6, 7, 8, 9, and 0. 

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 begins its petition by describing 

the subject noncompliance and 

contending that it is inconsequential 

because the subject tires can still be 

registered with the unauthorized 

symbols and can be identified, in the 

event of a recall. 

CTA explains that it uses a third-party 

company, Computerized Information 

and Management Services, Inc. (CIMS), 

who maintains ‘‘a database of all CTA’s 

tire registrations for the purpose of 

identifying purchasers of tires in the 

event of a future recall.’’ Further, CTA 

states that the database can be searched 

for not only exact matches but also 

‘‘close matching database entries,’’ 

which would mean the database can 

perform a search ‘‘if an ‘I’ was 

misrepresented as a ‘1’ or vice versa.’’ 

CTA says that in the event of a recall, 

the subject tires can be identified in the 

U.S. Tire Manufacturers Association’s 

tire recall search tool 1 because it uses 

an algorithm in which the unallowed 

letter can be used interchangeably with 

a corresponding allowed number, for 

example, ‘‘G or 6, I or 1, O or 0, etc.’’ 

CTA states that NHTSA has 

previously assigned a plant code 

containing an unauthorized letter to 

Continental Tire’s location in Timisoara, 

Romania. In that case, the plant code 

contained the letter ‘‘G’’ which CTA 

believes ‘‘does not cause any issues with 

tire registration and would not affect the 

registration search in the case of a 

recall.’’ Therefore, CTA argues, the use 

of the unallowed symbols in the TIN of 

the subject tires will not affect tire 

registration or the identification of the 

TIN in the event of a recall. 

CTA says that it has stopped the sale 

of the subject tires and ‘‘has initiated the 

process of changing tire curing molds to 

compliant DOT TIN’s’’ and that ‘‘the 

mold change dates will be documented 

in the CTA specification system for 

future traceability.’’ CTA also says that 

it is taking action to prevent the 

reoccurrence of the subject 

noncompliance by modifying its 

sidewall specification system to include 

‘‘a control point before a DOT TIN can 

be released for production.’’ 

Additionally, CTA says that it will 

comply with the new 13 character TIN 

requirement by including a 3 character 

assigned plant code and the 6 digit 

manufacturer code that will be 

‘‘automatically generated by the 

specification system, which assumes 

that only authorized symbols are used.’’ 

CTA concludes its petition by stating 

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. 2022–07827 Filed 4–12–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of 

Applications for New Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Transportation (DOT). 

ACTION: List of applications for special 

permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations, notice is hereby given that 

the Office of Hazardous Materials Safety 

has received the application described 

herein. 


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22024 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 

DATES: Comments must be received on 

or before May 12, 2022. 

ADDRESSES: Record Center, Pipeline and 

Hazardous Materials Safety 

Administration U.S. Department of 

Transportation Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Chief, Office of 

Hazardous Materials Safety General 

Approvals and Permits Branch, Pipeline 

and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, PHH–13, 

1200 New Jersey Avenue Southeast, 

Washington, DC 20590–0001, (202) 366– 

4535. 

SUPPLEMENTARY INFORMATION: Each 

mode of transportation for which a 

particular special permit is requested is 

indicated by a number in the ‘‘Nature of 

Application’’ portion of the table below 

as follows: 1—Motor vehicle, 2—Rail 

freight, 3—Cargo vessel, 4—Cargo 

aircraft only, 5—Passenger-carrying 

aircraft. 

Copies of the applications are 

available for inspection in the Records 

Center, East Building, PHH–13, 1200 

New Jersey Avenue Southeast, 

Washington, DC. 

This notice of receipt of applications 

for special permit is published in 

accordance with part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on April 4, 

2022. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

SPECIAL PERMITS DATA

Application No. Applicant Regulation(s) 

affected Nature of the special permits thereof 

21349–N ............ Veolia Es Technical Solutions LLC ....... 173.301(f)(1) .......................................... To authorize the one-time, one-way 

transportation in commerce of DOT 

39 cylinders that are not equipped 

with pressure relief devices for the 

purpose disposal. (mode 1) 

21350–N ............ The National Reconnaissance Office .... 173.185(a)(1) ......................................... To authorize the transportation in commerce of low production lithium batteries contained in equipment (spacecraft). (mode 4) 

21351–N ............ Bollore ́ Logistics Germany GmbH ......... 172.101(j), 172.300, 172.400, 

173.301(f)(1), 173.302a(a)(1), 

173.185(a)(1).

To authorize the transportation in commerce of specially designed non-DOT 

specification in which prototype and 

low production lithium ion batteries 

contained in equipment (spacecraft) 

that have not completed all UN tests 

and exceed 35 kg net weight by 

cargo-only aircraft and articles containing non-flammable, toxic gas, 

n.o.s. (contains ammonia, anhydrous) 

within the equipment are being 

shipped for use in specialty applications. (mode 4) 

21352–N ............ Veolia North America Regeneration 

Services, LLC.

173.244(a)(2), 173.31(e)(2)(ii), 

179.22(e).

To authorize the transportation in commerce of certain PIH materials in 

105J500W specification tank cars that 

were originally manufactured prior to 

March 16, 2009 and have been modified to meet the current specification 

requirements for DOT 105H500W 

tank cars. (mode 2) 

21353–N ............ Lanxess Canada Co .............................. 173.24(f)(1)(i), 173.32(e)(1) ................... To authorize the transportation in commerce of a defective portable tank, 

containing a residue of a Division 4.2 

material, via motor vehicle. (mode 1) 

[FR Doc. 2022–07898 Filed 4–12–22; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of Actions 

on Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Transportation (DOT). 

ACTION: Notice of actions on special 

permit applications. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations, notice is hereby given that 

the Office of Hazardous Materials Safety 

has received the application described 

herein. 

DATES: Comments must be received on 

or before May 13, 2022. 

ADDRESSES: Record Center, Pipeline and 

Hazardous Materials Safety 

Administration U.S. Department of 

Transportation Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Chief, Office of 

Hazardous Materials Safety General 

Approvals and Permits Branch, Pipeline 


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