Bridgestone/Firestone North America Tire, LLC. Denial of Application for Decision of Inconsequential Noncompliance, 31007-31008 [05-10722]

Download as PDF Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices 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: June 30, 2005. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8. Issued on: May 23, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–10688 Filed 5–27–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–21269; Notice 1] The Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance The Goodyear Tire & Rubber Company (Goodyear) has determined that certain tires it manufactured in 2005 do not comply with S4.3.4(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Goodyear 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. This notice of receipt of Goodyear’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. Affected are a total of approximately 4,992 Kelly Signature HPT and Essenza B210 Type 2 tires produced from February 1, 2005 to March 31, 2005. S4.3.4(b) of FMVSS No. 109 requires that ‘‘[e]ach marking of the tire’s maximum load rating * * * in kilograms shall be followed in parenthesis by the equivalent load rating in pounds * * *.’’ The noncompliant tires have the correct maximum load rating in kilograms but the actual stamping for the maximum load in pounds is 2839 pounds, while the correct stamping should be 2833 lbs. Goodyear believes that the noncompliance is inconsequential to VerDate jul<14>2003 16:14 May 27, 2005 Jkt 205001 motor vehicle safety and that no corrective action is warranted. Goodyear explains that the cause of the noncompliance was the use of a different conversion factor than that used by the Tire and Rim Association. Goodyear states that the noncompliance has no effect on the performance of the tires on a motor vehicle or on motor vehicle safety. Goodyear says that the tires meet or exceed all other tire labeling requirements and all minimum performance requirements of FMVSS No. 109. 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 http://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 http:// 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: June 30, 2005. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: May 23, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–10689 Filed 5–27–05; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 31007 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–20047; Notice 2] Bridgestone/Firestone North America Tire, LLC. Denial of Application for Decision of Inconsequential Noncompliance Bridgestone/Firestone North America Tire, LLC has determined that approximately 323 size 445/50R22.5 20 Ply, Load Range ‘L’, Bridgestone S892 tires do not meet the labeling requirements mandated by Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New Pneumatic Tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Bridgestone/Firestone 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.’’ FMVSS No. 109 (S4.3(b)) and (S4.3(c)) require that each tire shall have permanently molded the maximum permissible inflation pressure and the maximum load rating of the tire, respectively. Notice of receipt of the application was published, with a 30day comment period, on February 9, 2005 in the Federal Register (70 FR 6923). NHTSA received no comment on this application. The noncompliance with S4.3(c) relates to the sidewall markings. Bridgestone/Firestone Tochigi, Japan Plant produced approximately 323 tires with incorrect markings. The noncompliant tires were marked: ‘‘Max Load 4540 Kg (10,000 lbs.) @ 790 kPa (115 psi).’’ The correct marking is as follows: ‘‘Max Load 4625 Kg (10,200 lbs.) @ 830 kPa (120 psi).’’ Bridgestone/Firestone believes that the noncompliance described herein is inconsequential as it relates to motor vehicle safety because the load molded on the tire is less than the actual prescribed maximum load. Thus the tires can easily accommodate the load they will likely carry per tire application. Therefore, Bridgestone/ Firestone believes this noncompliance is particularly unlikely to have an adverse effect on motor vehicle safety and is clearly inconsequential in that regard. The noncompliant tires meet or exceed all performance requirements of FMVSS No. 109 and will have no impact on the operational performance or safety of vehicles on which these tires are mounted. The agency believes that the true measure of inconsequentiality to motor vehicle safety is the effect of the E:\FR\FM\31MYN1.SGM 31MYN1 31008 Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices noncompliance on the operational safety of vehicles on which these tires are mounted. The correct label for max load at max pressure is ‘‘10200 lbs @ 120 psi’’. The incorrect label says ‘‘10,000 lbs @ 115 psi’’. Although the max load is labeled to be less on the incorrect label than the actual max load, the pressure is also lower, which has an effect on the load bearing ability of the tire. Referencing the European Tyre and Rim Technical Organization tire tables for that size tire reveals that a 445/ 50R22.5 tire that has a max load at max pressure of 10,200 lbs @ 120 psi, will be able to support 9860 lbs @ 115 psi. Therefore, at 115 psi the tire will be able to support 140 lbs less than the 10,000 lbs stated. Hence the incorrect label would allow the tire to be overloaded at the stated max pressure of 115 psi. In consideration of the foregoing, NHTSA has decided that the applicant does not meet its burden of persuasion that the noncompliance is inconsequential to motor vehicle safety. Accordingly, its application is denied and the applicant is not 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. (49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 and 501.8) Issued on: May 24, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–10722 Filed 5–27–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [NHTSA–03–14372] Insurer Reporting Requirements; Reports Under 49 U.S.C. on Section 33112(c) National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of availability. AGENCY: This notice announces publication by NHTSA of the annual insurer report on motor vehicle theft for the 2000 reporting year. Section 33112(h) of Title 49 of the U.S. Code, requires this information to be compiled periodically and published by the agency in a form that will be helpful to the public, the law enforcement community, and Congress. As required by section 33112(c), this report provides SUMMARY: VerDate jul<14>2003 16:14 May 27, 2005 Jkt 205001 information on theft and recovery of vehicles; rating rules and plans used by motor vehicle insurers to reduce premiums due to a reduction in motor vehicle thefts; and actions taken by insurers to assist in deterring thefts. ADDRESSES: Interested persons may obtain a copy of this report and appendices by contacting the U.S. Department of Transportation, Docket Management, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. (Docket hours are from 10 a.m. to 5 p.m.). Requests should refer to Docket No. 2003–14372. This report without appendices may also be viewed on-line at: http://www.nhtsa.dot.gov/ cars/rules/theft. FOR FURTHER INFORMATION: Ms. Rosalind Proctor, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Proctor’s telephone number is (202) 366–0846. Her fax number is (202) 493–2290. SUPPLEMENTARY INFORMATION: The Motor Vehicle Theft Law Enforcement Act of 1984 (Theft Act) was implemented to enhance detection and prosecution of motor vehicle theft (Pub. L. 98–547). The Theft Act added a new Title VI to the Motor Vehicle Information and Cost Savings Act, which required the Secretary of Transportation to issue a theft prevention standard for identifying major parts of certain high-theft lines of passenger cars. The Act also addressed several other actions to reduce motor vehicle theft, such as increased criminal penalties for those who traffic in stolen vehicles and parts, curtailment of the exportation of stolen motor vehicles and off-highway mobile equipment, establishment of penalties for dismantling vehicles for the purpose of trafficking in stolen parts, and development of ways to encourage decreases in premiums charged to consumers for motor vehicle theft insurance. This notice announces publication by NHTSA of the annual insurer report on motor vehicle theft for the 2000 reporting year. Section 33112(h) of Title 49 of the U.S. Code, requires this information to be compiled periodically and published by the agency in a form that will be helpful to the public, the law enforcement community, and Congress. As required by section 33112(h), this report focuses on the assessment of information on theft and recovery of motor vehicles, comprehensive insurance coverage and actions taken by insurers to reduce thefts for the 2000 reporting period. Section 33112 of Title 49 requires subject insurers or designated agents to PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 report annually to the agency on theft and recovery of vehicles, on rating rules and plans used by insurers to reduce premiums due to a reduction in motor vehicle thefts, and on actions taken by insurers to assist in deterring thefts. Rental and leasing companies also are required to provide annual theft reports to the agency. In accordance with 49 CFR 544.5, each insurer, rental and leasing company to which this regulation applies must submit a report annually not later than October 25, beginning with the calendar year for which they are required to report. The report would contain information for the calendar year three years previous to the year in which the report is filed. The report that was due by October 25, 2003 contains the required information for the 2000 calendar year. Interested persons may obtain a copy of individual insurer reports for CY 2000 by contacting the U.S. Department of Transportation, Docket Management, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. (Docket hours are from 10 a.m. to 5 p.m.). Requests should refer to Docket No. 2003–14372. The annual insurer reports provided under section 33112 are intended to aid in implementing the Theft Act and fulfilling the Department’s requirements to report to the public the results of the insurer reports. The first annual insurer report, referred to as the Section 612 Report on Motor Vehicle Theft, was prepared by the agency and issued in December 1987. The report included theft and recovery data by vehicle type, make, line, and model which were tabulated by insurance companies and, rental and leasing companies. Comprehensive premium information for each of the reporting insurance companies was also included. This report, the sixteenth, discloses the same subject information and follows the same reporting format. Issued on: May 23, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–10695 Filed 5–27–05; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 31007-31008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10722]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-20047; Notice 2]


Bridgestone/Firestone North America Tire, LLC. Denial of 
Application for Decision of Inconsequential Noncompliance

    Bridgestone/Firestone North America Tire, LLC has determined that 
approximately 323 size 445/50R22.5 20 Ply, Load Range `L', Bridgestone 
S892 tires do not meet the labeling requirements mandated by Federal 
Motor Vehicle Safety Standard (FMVSS) No. 109, ``New Pneumatic Tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Bridgestone/Firestone 
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.'' FMVSS No. 109 (S4.3(b)) and (S4.3(c)) require that each tire 
shall have permanently molded the maximum permissible inflation 
pressure and the maximum load rating of the tire, respectively. Notice 
of receipt of the application was published, with a 30-day comment 
period, on February 9, 2005 in the Federal Register (70 FR 6923). NHTSA 
received no comment on this application.
    The noncompliance with S4.3(c) relates to the sidewall markings. 
Bridgestone/Firestone Tochigi, Japan Plant produced approximately 323 
tires with incorrect markings. The noncompliant tires were marked: 
``Max Load 4540 Kg (10,000 lbs.) @ 790 kPa (115 psi).'' The correct 
marking is as follows: ``Max Load 4625 Kg (10,200 lbs.) @ 830 kPa (120 
psi).''
    Bridgestone/Firestone believes that the noncompliance described 
herein is inconsequential as it relates to motor vehicle safety because 
the load molded on the tire is less than the actual prescribed maximum 
load. Thus the tires can easily accommodate the load they will likely 
carry per tire application. Therefore, Bridgestone/Firestone believes 
this noncompliance is particularly unlikely to have an adverse effect 
on motor vehicle safety and is clearly inconsequential in that regard. 
The noncompliant tires meet or exceed all performance requirements of 
FMVSS No. 109 and will have no impact on the operational performance or 
safety of vehicles on which these tires are mounted.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety is the effect of the

[[Page 31008]]

noncompliance on the operational safety of vehicles on which these 
tires are mounted. The correct label for max load at max pressure is 
``10200 lbs @ 120 psi''. The incorrect label says ``10,000 lbs @ 115 
psi''. Although the max load is labeled to be less on the incorrect 
label than the actual max load, the pressure is also lower, which has 
an effect on the load bearing ability of the tire. Referencing the 
European Tyre and Rim Technical Organization tire tables for that size 
tire reveals that a 445/50R22.5 tire that has a max load at max 
pressure of 10,200 lbs @ 120 psi, will be able to support 9860 lbs @ 
115 psi. Therefore, at 115 psi the tire will be able to support 140 lbs 
less than the 10,000 lbs stated. Hence the incorrect label would allow 
the tire to be overloaded at the stated max pressure of 115 psi.
    In consideration of the foregoing, NHTSA has decided that the 
applicant does not meet its burden of persuasion that the noncompliance 
is inconsequential to motor vehicle safety. Accordingly, its 
application is denied and the applicant is not 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.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: May 24, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-10722 Filed 5-27-05; 8:45 am]
BILLING CODE 4910-59-P