[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Notices]
[Page 45076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21546]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-9548; Notice 2]


Bridgestone/Firestone, Inc., Grant of Application for Decision 
That Noncompliance Is Inconsequential to Motor Vehicle Safety

    Bridgestone/Firestone, Inc. (Bridgestone) has determined that 
approximately 442,479 tires of various sizes and types 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 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 on May 8, 2001, 
with a 30-day comment period (66 FR 23316). NHTSA received no comments 
on this application.
    The petition covers multiple sizes and types of tires produced in 
Bridgestone's Wilson, North Carolina, plant during the last week of 
2000 and the first week of 2001. The 442,479 affected tires were marked 
with the incorrect DOT week/year in the DOT serial, the numbering 
scheme specified for tire manufacture date in 49 CFR Part 574.5, ``Tire 
Identification and Record Keeping, Tire Identification Requirements.'' 
According to Bridgestone, some tires produced during the last 
production week of 2000 (December 31, 2000 through January 6, 2001) 
were incorrectly marked with a date of 0101. The correct marking of the 
four-digit date code for that week is 5300. The remaining noncompliant 
tires were incorrectly marked 0201 for the week of January 7, 2001 
through January 13, 2001. The correct marking for that production week 
is 0101.
    Bridgestone stated that the noncompliance is inconsequential to 
motor vehicle safety because all affected tires meet all requirements 
of 49 CFR 571.109, except paragraph S4.3, Labeling Requirements. Also, 
according to Bridgestone, the erroneous date of manufacture marked on 
the tires can still be used by the company to identify the tires in the 
event of a recall, which is the primary purpose for the date of 
manufacture labeling requirement.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety in this case is the effect of the noncompliance on 
the ability of the tire manufacturer to identify the tires in the event 
of recall. In this case, the manufacturer did not omit any of the 
information required by FMVSS No. 109 or the 49 CFR part 574.5, but 
labeled the date code portion of the tire identification incorrectly. 
Additionally, the manufacturer's report to the agency (49 CFR Part 573, 
``Defect and Noncompliance Reports) indicated that the noncompliant 
tires are documented in the company's records. Based on the information 
provided by Bridgestone, the agency believes the information included 
on the tire identification label and the manufacturer's tire production 
records is sufficient to insure that these tires can be identified in 
the event of a recall.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion, and that the noncompliance 
is inconsequential to motor vehicle safety. Accordingly, Bridgestone's 
application is granted and the company is exempted from providing the 
notification of the noncompliance that would be required by 49 U.S.C. 
30118, and from remedying the noncompliance, as would be required by 49 
U.S.C. 30120.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: August 21, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-21546 Filed 8-24-01; 8:45 am]
BILLING CODE 4910-59-P