Bridgestone/Firestone North America Tire, LLC (BFNT); Grant of Application for Decision That a Noncompliance Is Inconsequential to Motor Vehicle Safety, 11307-11308 [05-4435]

Download as PDF Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Notices DEPARTMENT OF STATE [Public Notice 4967] Announcement of Meetings of the International Telecommunication Advisory Committee SUMMARY: The International Telecommunication Advisory Committee will meet in March, April, and May to prepare positions for the next meeting of the ITU Council Working Group on the International Telecommunication Regulations (WGITR). Members of the public will be admitted to the extent that seating is available, and may join in the discussions, subject to the instructions of the Chair. The International Telecommunication Advisory Committee (ITAC) will meet on the following dates at the offices of Squire Sanders & Dempsey, 1201 Pennsylvania Avenue NW, Washington, DC to prepare for the next meeting of the ITU Council Working Group on the International Telecommunication Regulations (WGITR): Thursday, March 24, 9–11 a.m.; Wednesday, April 6 2–4 p.m.; Wednesday, April 20 9–11 a.m.; and Tuesday, May 3, 9–11 a.m. Directions to the meeting location and conference bridge information may be obtained by calling the ITAC Secretariat at (202) 647–2593. any) may be obtained from marcie.g@comcast.com. The International Telecommunication Advisory Committee (ITAC) will meet on Friday, April 15, 2005 to prepare U.S. and company contributions to ITU– T Study Groups 11 and 13. The meeting will be held at the Double Tree Hotel Denver North, 8773 Yates Drive, Westminster, CO 80031 starting 30 minutes after the close of the plenary meeting of the Packet Technologies and Systems Committee (PTSC) of the Alliance for Telecommunications Solutions (ATIS), being held at the same venue. The International Telecommunication Advisory Committee (ITAC) will meet on Friday, April 22, 2005 to prepare U.S. and company contributions to ITU– T Study Group 15. The meeting will be held at the Double Tree Hotel Denver North, 8773 Yates Drive, Westminster, CO 80031 starting 30 minutes after the close of the plenary meeting of the Optical Transport and Synchronization Committee (OTSC) of the Alliance for Telecommunications Solutions (ATIS), being held at the same venue. Dated: March 1, 2005. Anne Jillson, Foreign Affairs Officer, International Communications & Information Policy, Department of State. [FR Doc. 05–4460 Filed 3–7–05; 8:45 am] BILLING CODE 4710–45–P Dated: February 22, 2005. Anne Jillson, Foreign Affairs Officer, International Communications & Information Policy, Department of State. [FR Doc. 05–4459 Filed 3–7–05; 8:45 am] DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration BILLING CODE 4710–45–P [Docket No. NHTSA 2003–15701; Notice 2] Bridgestone/Firestone North America Tire, LLC (BFNT); Grant of Application for Decision That a Noncompliance Is Inconsequential to Motor Vehicle Safety DEPARTMENT OF STATE [Public Notice 4970] Announcement of Meetings of the International Telecommunication Advisory Committee SUMMARY: The International Telecommunication Advisory Committee announces additional April meetings to prepare positions for the next meeting of the ITU–T Study Groups 11 (Signalling requirements and protocols), 13 (Next Generation Networks), and 15 (Optical and other transport network infrastructures). Members of the public will be admitted to the extent that seating is available, and may join in the discussions, subject to the instructions of the Chair. Directions to the meeting location are available to the public on the Internet and conference bridge information (if VerDate jul<14>2003 19:54 Mar 07, 2005 Jkt 205001 Bridgestone/Firestone North America Tire, LLC (BFNT) has determined that approximately 1,228 P235/75R15 Peerless AMBASSADOR tires do not meet the labeling requirement mandated by Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New Pneumatic Tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), BFNT has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of the application was published, with a 30-day comment period, on August 19, 2003, in the PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 11307 Federal Register (68 FR 49841). NHTSA received no comment on this application. BFNT’s Oklahoma City, Oklahoma plant produced approximately 1,228 tires with incorrect markings during the U.S. Department of Transportation’s weeks of 17, 18, and 19 in 2003 (from April 20, 2003 through May 10, 2003). The tires were marked: ‘‘Tread Plies: 1 Polyester + 2 Steel + 1 Polyamide, Sidewall Plies: 1 Polyester.’’ The correct marking required by FMVSS No. 109 is ‘‘Tread Plies: 2 Polyester + 2 Steel + 1 Polyamide, Sidewall Plies: 2 Polyester.’’ The labeling requirements of FMVSS No. 109, New Pneumatic Tires, S4.3, paragraphs (d) and (e), mandate that each tire have permanently molded into or onto both sidewalls the actual number of plies in the sidewall, and the actual number of plies in the tread area, if different. Also, each tire must be labeled with the generic name of each cord material used in the sidewall and tread. BFNT argues that the noncompliance described herein is inconsequential to motor vehicle safety. The noncompliant subject tires were constructed with more tread plies than indicated on the sidewall marking (two instead of one). BFNT states that this noncompliance is unlikely to have an adverse impact on motor vehicle safety since the actual construction of the subject tires is more robust than that identified on the sidewall. The noncompliant tires meet or exceed all performance requirements of FMVSS No. 109 and, the noncompliance will have no impact on the operational performance or safety of vehicles on which these tires are mounted. The Transportation Recall, Enhancement, Accountability, and Documentation (TREAD) Act (Pub. L. 106–414) required, among other things, that the agency initiate rulemaking to improve tire label information. In response, the agency published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000 (65 FR 75222). The agency received more than 20 comments on the tire labeling information required by 49 CFR Sections 571.109 and 119, part 567, part 574, and part 575. With regard to the tire construction labeling requirements of FMVSS 109, S4.3, paragraphs (d) and (e), most commenters indicated that the information was of little or no safety value to consumers. However, according to the comments, when tires are processed for retreading or repairing, it is important for the retreader or repair technician to understand the make-up of the tires and the types of plies. This E:\FR\FM\08MRN1.SGM 08MRN1 11308 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Notices enables them to select the proper repair materials or procedures for retreading or repairing the tires. A steel cord radial tire can experience a circumferential or ‘‘zipper’’ rupture in the upper sidewall when it is operated underinflated or overloaded. If information regarding the number of plies and cord material is removed from the sidewall, technicians cannot determine if the tire has a steel cord sidewall ply. As a result, many light truck tires will be inflated outside a restraining device or safety cage where they represent a substantial threat to the technician. This information is critical when determining if the tire is a candidate for a zipper rupture. In this case, since the steel cord construction is properly identified on the sidewall, the technician will have sufficient notice. In addition, the agency conducted a series of focus groups, as required by the TREAD Act, to examine consumer perceptions and understanding of tire labeling. Few of the focus group participants had knowledge of tire labeling beyond the tire brand name, tire size, and tire pressure. The agency believes that the true measure of inconsequentiality to motor vehicle safety, in this case, is the effect of the noncompliance on the operational safety of vehicles on which these tires are mounted. Since the tires had more tread plies than indicated on the sidewall, the labeling noncompliance has no effect on the performance of the subject tires. A tire with more tread plies is likely to be a more robust tire even though it has no additional loadcarrying capacity. In consideration of the foregoing, NHTSA has decided that the applicant has met its burden of persuasion that the noncompliance is inconsequential to motor vehicle safety. Accordingly, its application is granted and the applicant is exempted from providing the notification of the noncompliance as required by 49 U.S.C. 30118, and from remedying the noncompliance, as required by 49 U.S.C. 30120. Authority: (49 U.S.C. 30118(d) and 30120(h); delegations of authority at 49 CFR 1.50 and 501.8) Issued on: March 2, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–4435 Filed 3–7–05; 8:45 am] BILLING CODE 4910–59–P VerDate jul<14>2003 19:54 Mar 07, 2005 Jkt 205001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–20489] Notice of Receipt of Petition for Decision That Nonconforming 2004 and 2005 Porsche Carrera GT Passenger Cars are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2004 and 2005 Porsche Carrera GT passenger cars are eligible for importation. AGENCY: SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2004 and 2005 Porsche Carrera GT passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is April 7, 2005. ADDRESSES: Comments should refer to the docket number and notice number, and be submitted to: Docket Management, Room PL–401, 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable Federal motor vehicle safety standards shall be refused admission into the United States unless NHTSA PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable Federal motor vehicle safety standards. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. J.K. Technologies, LLC, of Baltimore, Maryland (‘‘J.K.’’) (Registered Importer 90–006) has petitioned NHTSA to decide whether nonconforming 2004 and 2005 Porsche Carrera GT passenger cars are eligible for importation into the United States. The vehicles which J.K. believes are substantially similar are 2004 and 2005 Porsche Carrera GT passenger cars that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable Federal motor vehicle safety standards. The petitioner claims that it carefully compared non-U.S. certified 2004 and 2005 Porsche Carrera GT passenger cars to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most Federal motor vehicle safety standards. J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2004 and 2005 Porsche Carrera GT passenger cars, as originally manufactured, conform to many Federal motor vehicle safety standards in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2004 and 2005 Porsche Carrera GT passenger cars are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Notices]
[Pages 11307-11308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4435]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-15701; Notice 2]


Bridgestone/Firestone North America Tire, LLC (BFNT); Grant of 
Application for Decision That a Noncompliance Is Inconsequential to 
Motor Vehicle Safety

    Bridgestone/Firestone North America Tire, LLC (BFNT) has determined 
that approximately 1,228 P235/75R15 Peerless AMBASSADOR tires do not 
meet the labeling requirement mandated by Federal Motor Vehicle Safety 
Standard (FMVSS) No. 109, ``New Pneumatic Tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), BFNT has petitioned 
for a determination that this noncompliance is inconsequential to motor 
vehicle safety and has filed an appropriate report pursuant to 49 CFR 
part 573, ``Defect and Noncompliance Reports.'' Notice of receipt of 
the application was published, with a 30-day comment period, on August 
19, 2003, in the Federal Register (68 FR 49841). NHTSA received no 
comment on this application.
    BFNT's Oklahoma City, Oklahoma plant produced approximately 1,228 
tires with incorrect markings during the U.S. Department of 
Transportation's weeks of 17, 18, and 19 in 2003 (from April 20, 2003 
through May 10, 2003). The tires were marked: ``Tread Plies: 1 
Polyester + 2 Steel + 1 Polyamide, Sidewall Plies: 1 Polyester.'' The 
correct marking required by FMVSS No. 109 is ``Tread Plies: 2 Polyester 
+ 2 Steel + 1 Polyamide, Sidewall Plies: 2 Polyester.''
    The labeling requirements of FMVSS No. 109, New Pneumatic Tires, 
S4.3, paragraphs (d) and (e), mandate that each tire have permanently 
molded into or onto both sidewalls the actual number of plies in the 
sidewall, and the actual number of plies in the tread area, if 
different. Also, each tire must be labeled with the generic name of 
each cord material used in the sidewall and tread.
    BFNT argues that the noncompliance described herein is 
inconsequential to motor vehicle safety. The noncompliant subject tires 
were constructed with more tread plies than indicated on the sidewall 
marking (two instead of one). BFNT states that this noncompliance is 
unlikely to have an adverse impact on motor vehicle safety since the 
actual construction of the subject tires is more robust than that 
identified on the sidewall. The noncompliant tires meet or exceed all 
performance requirements of FMVSS No. 109 and, the noncompliance will 
have no impact on the operational performance or safety of vehicles on 
which these tires are mounted.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Pub. L. 106-414) required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response, the agency published an Advance Notice of 
Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000 
(65 FR 75222). The agency received more than 20 comments on the tire 
labeling information required by 49 CFR Sections 571.109 and 119, part 
567, part 574, and part 575. With regard to the tire construction 
labeling requirements of FMVSS 109, S4.3, paragraphs (d) and (e), most 
commenters indicated that the information was of little or no safety 
value to consumers. However, according to the comments, when tires are 
processed for retreading or repairing, it is important for the 
retreader or repair technician to understand the make-up of the tires 
and the types of plies. This

[[Page 11308]]

enables them to select the proper repair materials or procedures for 
retreading or repairing the tires. A steel cord radial tire can 
experience a circumferential or ``zipper'' rupture in the upper 
sidewall when it is operated underinflated or overloaded. If 
information regarding the number of plies and cord material is removed 
from the sidewall, technicians cannot determine if the tire has a steel 
cord sidewall ply. As a result, many light truck tires will be inflated 
outside a restraining device or safety cage where they represent a 
substantial threat to the technician. This information is critical when 
determining if the tire is a candidate for a zipper rupture. In this 
case, since the steel cord construction is properly identified on the 
sidewall, the technician will have sufficient notice.
    In addition, the agency conducted a series of focus groups, as 
required by the TREAD Act, to examine consumer perceptions and 
understanding of tire labeling. Few of the focus group participants had 
knowledge of tire labeling beyond the tire brand name, tire size, and 
tire pressure.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety, in this case, is the effect of the noncompliance 
on the operational safety of vehicles on which these tires are mounted. 
Since the tires had more tread plies than indicated on the sidewall, 
the labeling noncompliance has no effect on the performance of the 
subject tires. A tire with more tread plies is likely to be a more 
robust tire even though it has no additional load-carrying capacity.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, its application 
is granted and the applicant is exempted from providing the 
notification of the noncompliance as required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

    Authority: (49 U.S.C. 30118(d) and 30120(h); delegations of 
authority at 49 CFR 1.50 and 501.8)

    Issued on: March 2, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-4435 Filed 3-7-05; 8:45 am]
BILLING CODE 4910-59-P

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