[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Notices]
[Page 49841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21220]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-15701; Notice 1]


Bridgestone/Firestone North America Tire, LLC; Receipt of 
Application for Decision of Inconsequential Noncompliance

    Bridgestone/Firestone North America Tire, LLC (BFNT) has determined 
that approximately 1,228 P235/75R15 Peerless AMBASSADOR tires do not 
meet the labeling requirement mandated by Federal Motor Vehicle Safety 
Standard (FMVSS) No. 109, ``New Pneumatic Tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), BFNT 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.''
    This notice of receipt of an application 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 application.
    Bridgestone/Firestone's Oklahoma City, Oklahoma plant produced 
approximately 1,228 tires with incorrect markings during the U.S. 
Department of Transportation's weeks of 17, 18, and 19 in 2003 (from 
April 20, 2003, through May 10, 2003). The tires were marked: ``Tread 
Plies: 1 Polyester + 2 Steel + 1 Polyamide, Sidewall Plies: 1 
Polyester.'' The correct marking required by FMVSS No. 109 is ``Tread 
Plies: 2 Polyester + 2 Steel + 1 Polyamide, Sidewall Plies: 2 
Polyester.''
    The labeling requirements of FMVSS No. 109, New Pneumatic Tires, 
S4.3, paragraphs (d) and (e), mandate that each tire 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.
    Bridgestone/Firestone argues that the noncompliance described 
herein is inconsequential to motor vehicle safety. The noncompliant 
subject tires were constructed with more tread plies than indicated on 
the sidewall marking (two instead of one). BFNT states that this 
noncompliance is unlikely to have an adverse impact on motor vehicle 
safety since the actual construction of the subject tires is more 
robust than that identified on the sidewall. The noncompliant tires 
meet or exceed all performance requirements of FMVSS No. 109 and, the 
noncompliance will have no impact on the operational performance or 
safety of vehicles on which these tires are mounted.
    Interested persons are invited to submit written views, arguments, 
and data on the application 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, 20590-001. 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.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: September 18, 2003.

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

    Issued on: August 13, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-21220 Filed 8-18-03; 8:45 am]
BILLING CODE 4910-59-P