Bridgestone Americas Tire Operations, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 47049-47050 [2013-18576]
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Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Notices
involving placement of fill off Runway
end 25 and installation of an Engineered
Material Arresting System (EMAS) bed
on the newly constructed landmass.
• Improvements to the Runway Safety
Area for Runway 18/36: Alternative 7,
involving a landmass extension to the
south beyond Runway end 36, shifting
the runway to the south, and placing an
EMAS bed to the north beyond Runway
end 18.
Authority: 42 U.S.C. 4321 et seq., 40 CFR
Part 1500–1508
Issued in Anchorage, Alaska, on July 23,
2013.
Byron K. Huffman,
Manager, Airports Division, Alaskan Region.
[FR Doc. 2013–18537 Filed 8–1–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Research, Engineering and
Development Advisory Committee
Pursuant to section 10(A) (2) of the Federal
Advisory Committee Act (Public Law 92–
463; 5 U.S.C. App. 2), notice is hereby given
of a meeting of the FAA Research,
Engineering and Development (R,E&D)
Advisory Committee.
Federal Aviation
Administration.
AGENCY:
sroberts on DSK5SPTVN1PROD with NOTICES
ACTION:
Notice of meeting.
Name: Research, Engineering &
Development Advisory Committee.
Time and Date: September 18—8:30
a.m. to 4:00 p.m.
Place: Federal Aviation
Administration, 800 Independence
Avenue SW.—Round Room (10th
Floor), Washington, DC 20591.
Purpose: The meeting agenda will
include receiving from the Committee
guidance for FAA’s research and
development investments in the areas of
air traffic services, airports, aircraft
safety, human factors and environment
and energy. Attendance is open to the
interested public but seating is limited.
Persons wishing to attend the meeting
or obtain information should contact
Gloria Dunderman at (202) 267–8937 or
gloria.dunderman@faa.gov. Members of
the public may present a written
statement to the Committee at any time.
Issued in Washington, DC, on July 25,
2013.
Gloria Dunderman,
Management & Program Analyst.
[FR Doc. 2013–18704 Filed 8–1–13; 8:45 am]
BILLING CODE 4910–13–P
VerDate Mar<15>2010
18:55 Aug 01, 2013
Jkt 229001
47049
DEPARTMENT OF TRANSPORTATION
Rule Text: Section S5.5 of FMVSS No.
139 specifically states:
National Highway Traffic Safety
Administration
S5.5 Tire markings. Except as specified in
paragraphs (a) through (i) of S5.5, each tire
must be marked on each sidewall with the
information specified in S5.5(a) through (d)
and on one sidewall with the information
specified in S5.5(e) through (i) according to
the phase-in schedule specified in S7 of this
standard. The markings must be placed
between the maximum section width and the
bead on at least one sidewall, unless the
maximum section width of the tire is located
in an area that is not more than one-fourth
of the distance from the bead to the shoulder
of the tire. If the maximum section width that
falls within that area, those markings must
appear between the bead and a point one-half
the distance from the bead to the shoulder of
the tire, on at least one sidewall. The
markings must be in letters and numerals not
less than 0.078 inches high and raised above
or sunk below the tire surface not less than
0.015 inches . . .
(f) The actual number of plies in the
sidewall, and the actual number of plies in
the tread area, if different . . .
[Docket No. NHTSA–2012–0108; Notice 2]
Bridgestone Americas Tire Operations,
LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of petition.
AGENCY:
Bridgestone Americas Tire
Operations, LLC (Bridgestone),1 has
determined that certain Bridgestone
brand replacement tires manufactured
between June 19, 2011 and March 17,
2012, do not fully comply with
paragraph § 5.5(f) of Federal Motor
Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for
Light Vehicles. Bridgestone has filed an
appropriate report dated July 19, 2012,
pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and
Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR Part 556,
Bridgestone 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
the petition was published, with a 30day public comment period, on
December 3, 2012 in the Federal
Register (77 FR 71679). No comments
were received. To view the petition and
all supporting documents log onto the
Federal Docket Management System
(FDMS) Web site at: https://
www.regulations.gov/. Then follow the
online search instructions to locate
docket number ‘‘NHTSA–2012–0108.’’
CONTACT INFORMATION: For further
information on this decision contact Mr.
Abraham Diaz, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–5310, facsimile
(202) 366–7002.
Equipment Involved: Affected are
approximately 1,102 Firestone Firehawk
Wide Oval AS size
245/40R19 and 245/35R20 brand tires
manufactured between June 19, 2011,
and March 17, 2012. Only 97 of the
affected tires are no longer under the
control of the petitioner. Therefore, only
those 97 tires are the subject of this
petition.
SUMMARY:
1 Bridgestone Americas Tire Operations, LLC is a
manufacturer of replacement equipment and is
registered under the laws of the state of Delaware.
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
Summary of Bridgestone’s Analyses:
Bridgestone explains that the
noncompliance is that due to a mold
labeling error the sidewall marking on
the reference side of the tires incorrectly
describes the actual number of plies in
the tread area of the tires and therefore
does not comply with paragraph § 5.5(f)
of FMVSS No. 139. Specifically, the
tires in question were inadvertently
manufactured with ‘‘TREAD 1
POLYESTER 2 STEEL 1 NYLON.’’ The
labeling should have been ‘‘TREAD 1
POLYESTER 2 STEEL 2 NYLON.’’
Bridgestone stated its belief that the
subject noncompliance is
inconsequential to motor vehicle safety
because the subject tires meet or exceed
all performance requirements as
required in part by FMVSS No. 139 and
that the noncompliant labeling has no
impact on the operational performance
or safety of vehicles on which these tires
are mounted.
Bridgestone points out that NHTSA
has previously granted similar petitions
for non-compliances in sidewall
markings.
Bridgestone has also informed
NHTSA that it has corrected future
production and will re-label the 1,005
contained tires to reflect correct
construction.
In summation, Bridgestone believes
that the described noncompliance of the
subject tires is inconsequential to motor
vehicle safety, and that its petition, to
exempt from providing recall
notification of noncompliance as
required by 49 U.S.C. 30118 and
remedying the recall noncompliance as
required by 49 U.S.C. 30120 should be
granted.
E:\FR\FM\02AUN1.SGM
02AUN1
sroberts on DSK5SPTVN1PROD with NOTICES
47050
Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Notices
NHTSA Decision: The agency agrees
with Bridgestone that the
noncompliance is inconsequential to
motor vehicle safety. The agency
believes that the true measure of
inconsequentiality to motor vehicle
safety in this case is that there is no
effect of the noncompliance on the
operational safety of vehicles on which
these tires are mounted. The safety of
people working in the tire retread,
repair, and recycling industries must
also be considered.
Although tire construction affects the
strength and durability, neither the
agency nor the tire industry provides
information relating tire strength and
durability to the number of plies and
types of ply cord material in the tread
and sidewall. Therefore, tire dealers and
customers should consider the tire
construction information along with
other information such as the load
capacity, maximum inflation pressure,
and tread wear, temperature, and
traction ratings to assess performance
capabilities of various tires. In the
agency’s judgment, the incorrect
labeling of the tire construction
information in this case will have an
inconsequential effect on motor vehicle
safety because most consumers do not
base tire purchases or vehicle operation
parameters on the number of plies in a
tire.
The agency also believes the
noncompliance will have no measurable
effect on the safety of the tire retread,
repair, and recycling industries. The use
of steel cord construction in the
sidewall and tread is the primary safety
concern of these industries. In this case,
since the tires are marked correctly with
respect to steel ply content, this
potential safety concern does not exist.
In consideration of the foregoing,
NHTSA has decided that Bridgestone
has met its burden of persuasion that
the FMVSS No. 139 noncompliance and
is inconsequential to motor vehicle
safety. Accordingly, Bridgestone’s
petition is hereby granted and the
petitioner is exempted from the
obligation of providing notification of,
and a remedy for, that noncompliance
under 49 U.S.C. 30118 and 30120.
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, this
decision only applies to approximately
97 tires that Bridgestone no longer
VerDate Mar<15>2010
18:55 Aug 01, 2013
Jkt 229001
controlled at the time that it determined
that a noncompliance existed in the
subject tires. However, the granting of
this petition does not relieve tire
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 Bridgestone 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)
Issued on: July 25, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013–18576 Filed 8–1–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2012–0109; Notice 2]
Cooper Tire & Rubber Company, Grant
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of petition.
AGENCY:
Cooper Tire & Rubber
Company (Cooper) 1 has determined that
certain Cooper brand replacement tires
manufactured between May 20, 2012
and June 16, 2012, do not fully comply
with paragraph S5.5 of Federal Motor
Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for
Light Vehicles. Cooper has filed an
appropriate report dated July 5, 2012,
pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and
Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR Part 556,
Cooper 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 the petition was
published, with a 30-day public
comment period, on February 11, 2013
in the Federal Register (78 FR 9775.) No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
SUMMARY:
1 Cooper Tire & Rubber Company is a
manufacturer of replacement equipment and is
registered under the laws of the state of Delaware.
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
follow the online search instructions to
locate docket number ‘‘NHTSA–2012–
0109.’’
CONTACT INFORMATION: For further
information on this decision contact Mr.
Abraham Diaz, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–5310, facsimile
(202) 366–7002.
Equipment Involved: Affected are
approximately 1,080 size P225/70R14 El
Dorado Legend GT brand standard load
replacement tires manufactured in
Mexico by Cooper’s affiliate,
´
Corporacion de Occidente S.A. de C.V.,
between May 20, 2012, and June 16,
2012.
Rule Text: Section S5.5 of FMVSS No.
139 specifically states:
S5.5 Tire markings. Except as specified in
paragraphs (a) through (i) of S5.5, each tire
must be marked on each sidewall with the
information specified in S5.5(a) through (d)
and on one sidewall with the information
specified in S5.5(e) through (i) according to
the phase-in schedule specified in S7 of this
standard. The markings must be placed
between the maximum section width and the
bead on at least one sidewall, unless the
maximum section width of the tire is located
in an area that is not more than one-fourth
of the distance from the bead to the shoulder
of the tire. If the maximum section width
falls within that area, those markings must
appear between the bead and a point one-half
the distance from the bead to the shoulder of
the tire, on at least one sidewall. The
markings must be in letters and numerals not
less than 0.078 inches high and raised above
or sunk below the tire surface not less than
0.015 inches.
(e) The generic name of each cord material
used in the plies (both sidewall and tread
area) of the tire;
(f) The actual number of plies in the
sidewall, and the actual number of plies in
the tread area, if different; . . .
Summary of Cooper’s Analyses:
Cooper explains that the noncompliance
is that due to a mold labeling error the
sidewall marking on the tires incorrectly
describes the actual number of plies in
the tread area of the tires as required by
paragraph S5.5(f).
Specifically, the tires in question were
inadvertently manufactured with
‘‘TREAD 2 PLY STEEL + 2 PLY
POLYESTER; SIDEWALL 2 PLY
POLYESTER.’’ The labeling should have
been ‘‘TREAD 1 PLY NYLON + 2 PLY
STEEL + 2 PLY POLYESTER;
SIDEWALL 2 PLY POLYESTER.’’
Cooper believes that while the
noncompliant tires are mislabeled, the
subject tires in fact have more tread
plies than indicated and meet or exceed
all performance requirements as
required in part by FMVSS No. 139.
In addition, Cooper states that it has
corrected the problem that caused the
E:\FR\FM\02AUN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Notices]
[Pages 47049-47050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18576]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0108; Notice 2]
Bridgestone Americas Tire Operations, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Bridgestone Americas Tire Operations, LLC (Bridgestone),\1\
has determined that certain Bridgestone brand replacement tires
manufactured between June 19, 2011 and March 17, 2012, do not fully
comply with paragraph Sec. 5.5(f) of Federal Motor Vehicle Safety
Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light
Vehicles. Bridgestone has filed an appropriate report dated July 19,
2012, pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports.
---------------------------------------------------------------------------
\1\ Bridgestone Americas Tire Operations, LLC is a manufacturer
of replacement equipment and is registered under the laws of the
state of Delaware.
---------------------------------------------------------------------------
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, Bridgestone 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 the petition was published, with a 30-day public comment
period, on December 3, 2012 in the Federal Register (77 FR 71679). No
comments were received. To view the petition and all supporting
documents log onto the Federal Docket Management System (FDMS) Web site
at: https://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2012-0108.''
Contact Information: For further information on this decision contact
Mr. Abraham Diaz, Office of Vehicle Safety Compliance, the National
Highway Traffic Safety Administration (NHTSA), telephone (202) 366-
5310, facsimile (202) 366-7002.
Equipment Involved: Affected are approximately 1,102 Firestone
Firehawk Wide Oval AS size 245/40R19 and 245/35R20 brand tires
manufactured between June 19, 2011, and March 17, 2012. Only 97 of the
affected tires are no longer under the control of the petitioner.
Therefore, only those 97 tires are the subject of this petition.
Rule Text: Section S5.5 of FMVSS No. 139 specifically states:
S5.5 Tire markings. Except as specified in paragraphs (a)
through (i) of S5.5, each tire must be marked on each sidewall with
the information specified in S5.5(a) through (d) and on one sidewall
with the information specified in S5.5(e) through (i) according to
the phase-in schedule specified in S7 of this standard. The markings
must be placed between the maximum section width and the bead on at
least one sidewall, unless the maximum section width of the tire is
located in an area that is not more than one-fourth of the distance
from the bead to the shoulder of the tire. If the maximum section
width that falls within that area, those markings must appear
between the bead and a point one-half the distance from the bead to
the shoulder of the tire, on at least one sidewall. The markings
must be in letters and numerals not less than 0.078 inches high and
raised above or sunk below the tire surface not less than 0.015
inches . . .
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different . . .
Summary of Bridgestone's Analyses: Bridgestone explains that the
noncompliance is that due to a mold labeling error the sidewall marking
on the reference side of the tires incorrectly describes the actual
number of plies in the tread area of the tires and therefore does not
comply with paragraph Sec. 5.5(f) of FMVSS No. 139. Specifically, the
tires in question were inadvertently manufactured with ``TREAD 1
POLYESTER 2 STEEL 1 NYLON.'' The labeling should have been ``TREAD 1
POLYESTER 2 STEEL 2 NYLON.''
Bridgestone stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety because the subject tires meet
or exceed all performance requirements as required in part by FMVSS No.
139 and that the noncompliant labeling has no impact on the operational
performance or safety of vehicles on which these tires are mounted.
Bridgestone points out that NHTSA has previously granted similar
petitions for non-compliances in sidewall markings.
Bridgestone has also informed NHTSA that it has corrected future
production and will re-label the 1,005 contained tires to reflect
correct construction.
In summation, Bridgestone believes that the described noncompliance
of the subject tires is inconsequential to motor vehicle safety, and
that its petition, to exempt from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
[[Page 47050]]
NHTSA Decision: The agency agrees with Bridgestone that the
noncompliance is inconsequential to motor vehicle safety. The agency
believes that the true measure of inconsequentiality to motor vehicle
safety in this case is that there is no effect of the noncompliance on
the operational safety of vehicles on which these tires are mounted.
The safety of people working in the tire retread, repair, and recycling
industries must also be considered.
Although tire construction affects the strength and durability,
neither the agency nor the tire industry provides information relating
tire strength and durability to the number of plies and types of ply
cord material in the tread and sidewall. Therefore, tire dealers and
customers should consider the tire construction information along with
other information such as the load capacity, maximum inflation
pressure, and tread wear, temperature, and traction ratings to assess
performance capabilities of various tires. In the agency's judgment,
the incorrect labeling of the tire construction information in this
case will have an inconsequential effect on motor vehicle safety
because most consumers do not base tire purchases or vehicle operation
parameters on the number of plies in a tire.
The agency also believes the noncompliance will have no measurable
effect on the safety of the tire retread, repair, and recycling
industries. The use of steel cord construction in the sidewall and
tread is the primary safety concern of these industries. In this case,
since the tires are marked correctly with respect to steel ply content,
this potential safety concern does not exist.
In consideration of the foregoing, NHTSA has decided that
Bridgestone has met its burden of persuasion that the FMVSS No. 139
noncompliance and is inconsequential to motor vehicle safety.
Accordingly, Bridgestone's petition is hereby granted and the
petitioner is exempted from the obligation of providing notification
of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and
30120.
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, this decision
only applies to approximately 97 tires that Bridgestone no longer
controlled at the time that it determined that a noncompliance existed
in the subject tires. However, the granting of this petition does not
relieve tire 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
Bridgestone 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)
Issued on: July 25, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-18576 Filed 8-1-13; 8:45 am]
BILLING CODE 4910-59-P
