[Federal Register Volume 66, Number 222 (Friday, November 16, 2001)]
[Notices]
[Pages 57772-57773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28675]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-8591; Notice 2]


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

    Bridgestone/Firestone, Inc. (Firestone), has determined that 
approximately 33,000 P235/75R15 Widetrack Wintertrax tires produced in 
its Sao Paulo, Brazil plant and 1,400 P235/75R15 Lemans A/T tires 
produced in its Decatur, Illinois plant 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), Firestone petitioned 
for a determination that the noncompliance, in each case, is 
inconsequential to motor vehicle safety and filed an appropriate report 
pursuant to 49 CFR part 573, ``Defect and Noncompliance Reports.''
    Notice of receipt of the application was published in the Federal 
Register, with a 30-day comment period, on Monday, January 22, 2001 (66 
FR 6757). NHTSA received one comment on this application from Public 
Citizen, a consumer advocacy organization.
    The 33,000 P235/75R15 Widetrack Wintertrax tires produced from 
April 2000 through October 2000, in the Sao Paulo, Brazil plant do not 
comply with paragraph S4.2.1(c), which specifies tire load ratings for 
the various tire sizes. According to Firestone, the maximum load rating 
is mislabeled on the affected tires. The actual marking was: Max Load 
650 Kg (1433 lbs.) @ 300 Kpa (44 psi). The correct marking should have 
been: Max Load 920 Kg (2028 lbs.) @ 300 Kpa (44 psi). Paragraph S4.2.1 
(c) essentially requires that the maximum load rating of a tire meet or 
exceed the maximum load rating for that particular tire size, which is 
published in designated documents. In the case of the P235/75R15 
Widetrack Wintertrax tires, the maximum load molded into the tire is 
less than the published maximum load for tires of this size.
    The Decatur plant produced 1,400 P235/75R15 Lemans A/T tires during 
DOT weeks 36, 37 and 38 of the year 2000 that do not comply with FMVSS 
No. 109, paragraph S4.3.4 (a), which specifies the maximum inflation 
pressure labeling requirements. The maximum inflation pressure (English 
units only) of the affected tires was mismarked on the sidewall 
opposite the DOT serial number. The DOT serial number is generally 
mounted on the inboard side of the tire away from the customer. The 
actual marking was 340 Kpa (41 psi) and the correct marking should have 
been 340 Kpa (50 psi).
    The comment submitted to the docket by Public Citizen is a report 
entitled ``Spinning Their Wheels: How Ford and Firestone Fail to 
Justify the Limited Tire Recall.'' The report did not address the 
issues raised by Firestone in its application for decision of 
inconsequential noncompliance and was not a factor in the agency's 
decisions.
    With regard to the 33,000 P235/75R15 Widetrack Wintertrax tires, 
the agency believes that the true measure of inconsequentiality to 
motor vehicle safety is the effect of the noncompliance on the 
operational safety of vehicles on which these tires are mounted. 
According to Firestone, the tires meet all other FMVSS No. 109 
performance and labeling requirements. The maximum load rating molded 
into the tires is actually less than the correct load rating for the 
tires. Therefore, it is not likely that these tires would be placed in 
an unsafe, overload situation as a result of the noncompliant labeling. 
If consumers rely on the labeling, they will put far less of a load on 
the tire than it is capable of carrying. This presents no safety 
concern.
    The agency considers the true measure of inconsequentiality with 
respect to the 1,400 P235/75R15 Lemans A/T tires to be the effect of 
the noncompliance on the operational safety of vehicles on which the 
tires are mounted. According to Firestone, these tires meet all other 
FMVSS No. 109 performance and labeling requirements. In this case, the 
tire maximum inflation pressure was mislabled in English units on one 
side of the tire, the side that is generally mounted outboard toward 
the customer. However, the maximum inflation pressure is correctly 
labeled in metric units on both sides of the tire. The correct maximum 
inflation pressure for these tires is greater than the mislabeled 
maximum inflation pressure. Therefore, it is not likely that the tires 
would be placed in an unsafe, over-inflated situation as a result of 
this noncompliance. With regard to under-inflation, a document in which 
tire and rim information is published entitled ``Tire Guide, Complete 
Tire and Wheel Information for Cars and Trucks,'' was reviewed. The 
correct tire inflation pressure data is the data provided by the 
manufacturer of the vehicle on which the tires are mounted. This 
information is provided in the owner's manual, on the vehicle 
certification label, and on the tire information label, if applicable. 
Based on the data in the document, an inflation pressure of 41 psi or 
less is recommended by vehicle manufacturers for P235/75R15 tires. 
Therefore, if consumers inflate these tires to the inflation pressure 
marked on the tires, 41 psi, the tires would not be under-inflated. 
Again, no adverse safety consequences result from this mislabeling.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met the 1 burden of persuasion that the noncompliance 
with FMVSS No. 109, S4.2.1 and the noncompliance with FMVSS No. 109, 
S4.3.4, are inconsequential to motor vehicle safety. Accordingly, 
Firestone's application is granted and the applicant is exempted

[[Page 57773]]

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

    Issued on: November 9, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-28675 Filed 11-15-01; 8:45 am]
BILLING CODE 4910-59-P