Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 35283 

III. Applicant’s Request 

Leland Schmitt, Jr. requests a fiveyear exemption from 49 CFR 395.3(a)(1) 

(the 10 consecutive hour off duty time 

requirement), section 395.3(a)(2) (the 14 

hour ‘‘driving window’’), section 

395.3(a)(3)(ii) (the 30-minute break 

requirement), and sections 395.3(b)(1) 

and (2) (respectively, the 60 hours-in-7- 

days and the 70 hours-in 8-days limits). 

The applicant is an owner-operator 

currently leased to D & E Transport in 

Clearwater, Minnesota, who has been 

operating commercial motor vehicles 

(CMVs) for 30 years, and the requested 

exemption is solely for the applicant. 

The applicant states that the mandatory 

10 hour off-duty break goes against his 

natural sleep patterns, as his normal 

nighttime sleep while in the CMV is 

between 5 to 7 hours. 

A copy of Mr. Schmitt’s application 

for exemption is included in the docket 

for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Leland Schmitt, Jr.’s application for an 

exemption from various provisions in 

the Federal HOS regulations in 49 CFR 

part 395. All comments received before 

the close of business on the comment 

closing date indicated at the beginning 

of this notice will be considered and 

will be available for examination in the 

docket at the location listed under the 

Addresses section of this notice. 

Comments received after the comment 

closing date will be filed in the public 

docket and will be considered to the 

extent practicable. In addition to late 

comments, FMCSA will continue to file, 

in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–12467 Filed 6–8–22; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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: 

• 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. 

• 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. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) website at https://

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 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 https://

www.regulations.gov, 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 https:// 

www.regulations.gov 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, 

Jayton.Lindley@dot.gov. 

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. 


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35284 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Notices 

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. 

• 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. 

• 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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