[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Pages 21189-21190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8928]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17438; Notice 1]


Pirelli Tire North America., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Pirelli Pneumatici S.p.A has determined that certain tires it 
produced in 2003 do not comply with S4.3(d) and S4.3(e) of 49 CFR 
571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New 
pneumatic tires.'' Pirelli Tire LLC (Pirelli), as agent for Pirelli 
Pneumatici S.p.A, has filed an appropriate report pursuant to 49 CFR 
part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Pirelli 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.

[[Page 21190]]

    This notice of receipt of Pirelli's petition 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 petition.
    A total of approximately 190 tires are involved. These are Pzero 
Asimmetrico 275/40ZR18 99Y (F) H405 tires, which Pirelli Pneumatici 
S.p.A produced intermittently during the period January to April, 2003. 
They are marked ``reinforced'' when in fact they are not, and are 
marked as two ply when they are one ply. Paragraph S4.3 of FMVSS No. 
109 requires ``each tire shall have permanently molded into or onto 
both sidewalls * * * (d) The generic name of each cord material used in 
the plies * * * of the tire; and (e) Actual number of plies in the 
sidewall, and the actual number of plies in the tread area if 
different.''
    Pirelli states that the incorrect sidewall inscription does not 
compromise in any way the integrity or the performance characteristics 
of the tires in question and does not constitute any safety-related 
issue. Therefore, Pirelli believes that the noncompliance is 
inconsequential to motor vehicle safety, and that no corrective action 
is warranted.
    Interested persons are invited to submit written data, views, and 
arguments on the petition 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 20590-0001. 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 am to 5 pm 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.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: May 20, 2004.

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

    Issued on: April 14, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-8928 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-59-P