Bridgestone/Firestone North America Tire, LLC. Grant of Application for Decision of Inconsequential Noncompliance, 41478-41479 [05-14140]

Download as PDF 41478 Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Notices software must also be downloaded to meet the requirements of this standard. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Installation of U.S.-model headlamps and front side marker lamps. Standard No. 110 Tire Selection and Rims: Installation of a tire information placard. Standard No. 111 Rearview Mirrors: Installation of a U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of that mirror. Standard No. 114 Theft Protection: Installation of U.S. version software to meet the requirements of this standard. Standard No. 118 Power-Operated Window, Partition, and Roof Panel Systems: Installation of U.S. version software to ensure that the systems meet the requirements of this standard. Standard No. 208 Occupant Crash Protection: Installation of U.S. version software to ensure that the seat belt warning system meets the requirements of this standard. Petitioner states that the vehicle’s restraint system components include U.S.-model airbags and knee bolsters, and combination lap and shoulder belts at the outboard front designated seating positions. Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles and replacement of any non-U.S.-model seat belts with U.S.-model components on vehicles that are not already so equipped. Standard No. 210 Seat Belt Assembly Anchorages: Inspection of all vehicles and replacement of any non-U.S.-model seat belt anchorage components with U.S.-model components on vehicles that are not already so equipped. Standard No. 301 Fuel System Integrity: Inspection of all vehicles and installation of U.S.-model components, on vehicles that are not already so equipped, to ensure compliance with the standard. Standard No. 401 Interior Trunk Release: Installation of U.S.-model components on vehicles that are not already so equipped, to ensure compliance with the standard. The petitioner additionally states that a vehicle identification plate must be affixed to the vehicles near the left windshield post to meet the requirements of 49 CFR part 565. Interested persons are invited to submit comments on the petition described above. Comments should refer to the docket 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 VerDate jul<14>2003 17:15 Jul 18, 2005 Jkt 205001 5 p.m.]. It is requested but not required that 10 copies be submitted. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 05–14143 Filed 7–18–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–20046; Notice 2] Bridgestone/Firestone North America Tire, LLC. Grant of Application for Decision of Inconsequential Noncompliance Bridgestone/Firestone North America Tire, LLC has determined that approximately 937 size P175/65R14, Bridgestone WS50Z 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 (e)) requires that each tire shall 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. Notice of receipt of the application was published, with a 30-day comment period, on February 1, 2005, in the Federal Register (70 FR 5267). NHTSA received no comment on this application. The noncompliance with S4.3 (e) relates to the sidewall markings. Bridgestone/Firestone Nasu, Japan Plant produced approximately 937 tires with incorrect markings during the DOT weeks of 2702, 1203, and 1303. The noncompliant tires were marked: ‘‘2 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 STEEL & 1 POLY.’’ The correct marking required by FMVSS No. 109 is as follows: ‘‘2 STEEL & 1 POLY & 1 NYLON.’’ Bridgestone/Firestone stated that the noncompliant tires were actually constructed with more tread plies than indicated on the sidewall marking. Therefore, Bridgestone/Firestone believes this noncompliance is particularly unlikely to have an adverse affect on motor vehicle safety and is clearly inconsequential in that regard. They reported that 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 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 No. 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 enables them to select the proper 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 under inflated 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 inadvertently be inflated outside a restraining device or safety cage, presenting a substantial threat to the technician. This tire construction information is critical when determining if the tire is a candidate for a zipper rupture and additional safety precautions. 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 E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Notices 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. 301118, 301120; delegations of authority at 49 CFR 1.50 and 501.8) Issued on: July 13, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–14140 Filed 7–18–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34712 (Sub-No. 1)] The Kansas City Southern Railway Company—Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF), pursuant to a written trackage rights agreement entered into between BNSF and The Kansas City Southern Railway Company (KCS), has agreed to provide KCS with non-exclusive, overhead, temporary trackage rights, to expire on November 15, 2005, over BNSF’s line of railroad between milepost 307.5, in Neosho, MO, and milepost 3.5X, at Murray Yard, in Kansas City, MO, a distance of approximately 229.1 miles. The original trackage rights granted in The Kansas City Southern Railway Company—Temporary Trackage Rights Exemption—BNSF Railway Company, STB Finance Docket No. 34712 (STB served on June 22, 2005), covered the VerDate jul<14>2003 17:15 Jul 18, 2005 Jkt 205001 same line, but are due to expire on July 21, 2005. The purpose of this transaction is to modify the temporary overhead trackage rights exempted in STB Finance Docket No. 34712 to extend the expiration date from July 21, 2005, to November 15, 2005. The transaction is scheduled to be consummated on July 21, 2005. The modified temporary overhead trackage rights will allow KCS to continue to bridge its train service while KCS’s main lines are out of service due to certain programmed track, roadbed and structural maintenance. As a condition to this exemption, any employees affected by the acquisition of the temporary rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights— BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34712 (Sub-No. 1), must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on William A. Mullins, Baker and Miller, PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: July 11, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–14097 Filed 7–18–05; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00111 Fmt 4703 41479 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34720] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company BNSF Railway Company (BNSF), pursuant to a modified written trackage rights agreement entered into between BNSF and Union Pacific Railroad Company (UP), submits this verified notice for an exemption of the modified written trackage rights agreement governing BNSF’s existing overhead trackage rights over UP’s line of railroad between Crestline Street MP 163.52 and Helena Street MP 163.89, approximately 0.37 miles, on UP’s Wallace Subdivision (the Joint Trackage) in Spokane, WA.1 The modification of trackage rights relates to BNSF’s assumption of maintenance functions for a particular segment of the Joint Trackage. BNSF will continue to have rights to use the Joint Trackage as provided in the Agreement. The transaction is scheduled to be consummated on July 12, 2005, and operations under this exemption are planned to begin on that date. The purpose of this transaction is to modify the Agreement to change the maintenance obligations in order to promote operating and maintenance efficiencies and better align the parties’ maintenance obligations relative to usage. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34720 must be filed with the Surface Transportation Board, 1925 K 1 BNSF acquired the nonexclusive right to use the Joint Trackage under an agreement dated February 22, 1973, by and between the Oregon-Washington Railroad & Navigation Company, and its lessees, UP and Burlington Northern Inc. (BNSF’s predecessor in interest), as amended by a supplemental agreement dated January 21, 1974, and further amended by a Letter Agreement dated July 27, 1988 (collectively, the Agreement). Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41478-41479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14140]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-20046; Notice 2]


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

    Bridgestone/Firestone North America Tire, LLC has determined that 
approximately 937 size P175/65R14, Bridgestone WS50Z 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 (e)) requires that each tire shall 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.
    Notice of receipt of the application was published, with a 30-day 
comment period, on February 1, 2005, in the Federal Register (70 FR 
5267). NHTSA received no comment on this application.
    The noncompliance with S4.3 (e) relates to the sidewall markings. 
Bridgestone/Firestone Nasu, Japan Plant produced approximately 937 
tires with incorrect markings during the DOT weeks of 2702, 1203, and 
1303. The noncompliant tires were marked: ``2 STEEL & 1 POLY.'' The 
correct marking required by FMVSS No. 109 is as follows: ``2 STEEL & 1 
POLY & 1 NYLON.''
    Bridgestone/Firestone stated that the noncompliant tires were 
actually constructed with more tread plies than indicated on the 
sidewall marking. Therefore, Bridgestone/Firestone believes this 
noncompliance is particularly unlikely to have an adverse affect on 
motor vehicle safety and is clearly inconsequential in that regard. 
They reported that 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 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 No. 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 enables them to select the proper 
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 under inflated 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 
inadvertently be inflated outside a restraining device or safety cage, 
presenting a substantial threat to the technician. This tire 
construction information is critical when determining if the tire is a 
candidate for a zipper rupture and additional safety precautions. 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

[[Page 41479]]

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. 301118, 301120; delegations of authority at 49 
CFR 1.50 and 501.8)

    Issued on: July 13, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-14140 Filed 7-18-05; 8:45 am]
BILLING CODE 4910-59-P