Dynamic Tire Corp., Grant of Petition for Decision of Inconsequential Noncompliance, 11729 [05-4530]
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Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices
relate to motor vehicle safety, and that
the problem has been corrected either
by discontinuation or change of the
mold of the affected tires.
Interested persons are invited to
submit written data, views, and
arguments on the petition described
above. Comments must refer to the
docket and notice number cited at the
beginning of this notice and be
submitted by any of the following
methods. Mail: Docket Management
Facility, U.S. Department of
Transportation, Nassif Building, Room
PL–401, 400 Seventh Street, SW.,
Washington, DC, 20590–0001. Hand
Delivery: Room PL–401 on the plaza
level of the Nassif Building, 400
Seventh Street, SW., Washington, DC. It
is requested, but not required, that two
copies of the comments be provided.
The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except
Federal Holidays. Comments may be
submitted electronically by logging onto
the Docket Management System Web
site at https://dms.dot.gov. Click on
‘‘Help’’ to obtain instructions for filing
the document electronically. Comments
may be faxed to 1–202–493–2251, or
may be submitted to the Federal
eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
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.
Comment closing date: April 8, 2005.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. 05–4529 Filed 3–8–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2004–19996; Notice 2]
Dynamic Tire Corp., Grant of Petition
for Decision of Inconsequential
Noncompliance
Dynamic Tire Corp. (Dynamic Tire)
has determined that certain tires it
imported and which were manufactured
by Tianjin Wanda Tyre Group Co., LTD
do not comply with S6.5(b) of Federal
Motor Vehicle Safety Standard (FMVSS)
No. 119, ‘‘New pneumatic tires for
vehicles other than passenger cars.’’
Pursuant to 49 U.S.C. 30118(d) and
30120(h), Dynamic Tire 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 a petition
was published, with a 30-day comment
period, on January 14, 2005, in the
Federal Register (70 FR 2707). NHTSA
received no comments.
A total of approximately 67,864 tires
produced between August 1, 2004 to
December 4, 2004 are affected. S6.5(b) of
FMVSS No. 119 requires that each tire
shall be marked on each sidewall with
‘‘the tire identification number required
by part 574 of this chapter.’’ Part
574.5(d) requires the date code to be
listed such that the first two symbols
must identify the week of the year and
the third and fourth symbols must
identify the year. The noncompliant
tires reversed the order of these
symbols.
Dynamic Tire believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. Dynamic
Tire states that ‘‘the production week
* * * begins with the 31st week of 2004
which eliminates any possibility of
confusion between week and year
designation.’’ Dynamic Tire further
states that the tires comply with all
other requirements of the Federal Motor
Vehicle Safety Standards.
The agency agrees with Dynamic Tire
that the noncompliance is
inconsequential to motor vehicle safety.
Since the production week begins with
the 31st week of 2004, this eliminates
any possibility of confusion between
week and year designation. In addition,
the tires comply with all other FMVSS
requirements. Dynamic Tire has
corrected the problem.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has met its burden of persuasion that
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11729
the noncompliance described is
inconsequential to motor vehicle safety.
Accordingly, Dynamic Tire’s petition is
granted and the petitioner is exempted
from the obligation of providing
notification of, and a remedy for, the
noncompliance.
Authority: (49 U.S.C. 30118, 30120;
delegations of authority at CFR 1.50 and
501.8)
Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle
Safety.
[FR Doc. 05–4530 Filed 3–8–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2004–19529; Notice 2]
Toyota Motor North America, Inc.,
Denial of Petition for Decision of
Inconsequential Noncompliance
Toyota Motor Corporation has
determined that the daytime running
lamps (DRLs) on certain vehicles it
manufactured in 1998–2005 do not
comply with S5.5.11(a) of 49 CFR
571.108, Federal Motor Vehicle Safety
Standard (FMVSS) No. 108, ‘‘Lamps,
reflective devices, and associated
equipment.’’ Pursuant to 49 U.S.C.
30118(d) and 30120(h), Toyota Motor
North America, Inc. (Toyota), on behalf
of Toyota Motor Corporation, 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 Toyota’s petition was published, with
a 30 day comment period, on November
12, 2004, in the Federal Register (69 FR
65499). NHTSA received 48 comments.
A total of approximately 75,355
model year 1998–2005 Lexus LX470
vehicles are affected. The DRLs on the
LX470s are mounted at 895 mm above
the road surface, as measured from the
center of the lamps with the vehicles at
curb weight, and are provided by the
upper beam headlamps operating at a
reduced intensity. For this DRL
configuration, S5.5.11(a) of FMVSS No.
108 requires that each such lamp have
a luminous intensity not less than 500
candela at test point H–V, nor more than
3,000 candela at any location in the
beam. However, each LX 470 DRL lamp
exceeds the 3,000 maximum candela
requirement by approximately 57%
with a luminous intensity of roughly
4,720 candela at the maximum point in
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[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Page 11729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4530]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2004-19996; Notice 2]
Dynamic Tire Corp., Grant of Petition for Decision of
Inconsequential Noncompliance
Dynamic Tire Corp. (Dynamic Tire) has determined that certain tires
it imported and which were manufactured by Tianjin Wanda Tyre Group
Co., LTD do not comply with S6.5(b) of Federal Motor Vehicle Safety
Standard (FMVSS) No. 119, ``New pneumatic tires for vehicles other than
passenger cars.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), Dynamic
Tire 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 a petition was published, with a 30-day
comment period, on January 14, 2005, in the Federal Register (70 FR
2707). NHTSA received no comments.
A total of approximately 67,864 tires produced between August 1,
2004 to December 4, 2004 are affected. S6.5(b) of FMVSS No. 119
requires that each tire shall be marked on each sidewall with ``the
tire identification number required by part 574 of this chapter.'' Part
574.5(d) requires the date code to be listed such that the first two
symbols must identify the week of the year and the third and fourth
symbols must identify the year. The noncompliant tires reversed the
order of these symbols.
Dynamic Tire believes that the noncompliance is inconsequential to
motor vehicle safety and that no corrective action is warranted.
Dynamic Tire states that ``the production week * * * begins with the
31st week of 2004 which eliminates any possibility of confusion between
week and year designation.'' Dynamic Tire further states that the tires
comply with all other requirements of the Federal Motor Vehicle Safety
Standards.
The agency agrees with Dynamic Tire that the noncompliance is
inconsequential to motor vehicle safety. Since the production week
begins with the 31st week of 2004, this eliminates any possibility of
confusion between week and year designation. In addition, the tires
comply with all other FMVSS requirements. Dynamic Tire has corrected
the problem.
In consideration of the foregoing, NHTSA has decided that the
petitioner has met its burden of persuasion that the noncompliance
described is inconsequential to motor vehicle safety. Accordingly,
Dynamic Tire's petition is granted and the petitioner is exempted from
the obligation of providing notification of, and a remedy for, the
noncompliance.
Authority: (49 U.S.C. 30118, 30120; delegations of authority at
CFR 1.50 and 501.8)
Issued on: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-4530 Filed 3-8-05; 8:45 am]
BILLING CODE 4910-59-P
