[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Page 45110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17108]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-17901; Notice 2]


Yokohama Tire Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Yokohama Tire Corporation (Yokohama) has determined that certain 
tires it manufactured in 2002 do not comply with S6.5(d) of 49 CFR 
571.119, Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ``New 
pneumatic tires for vehicles other than passenger cars.'' Pursuant to 
49 U.S.C. 30118(d) and 30120(h), Yokohama Tire Corporation on behalf of 
Yokohama Rubber Co., Ltd. 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.'' Notice of receipt of the petition was 
published in the Federal Register on June 3, 2004 (69 FR 31452), with a 
30-day comment period. NHTSA received no comments.
    Yokohama Rubber Co., Ltd. produced size 185R14 8PR Y356 light truck 
tires during 2002 whose load range is ``D'' but are incorrectly labeled 
on the tire sidewall as having a load range ``C,'' adjacent to the 
correct ply rating ``8PR.'' Therefore, they do not comply with FMVSS 
No. 119 S6.5(d), which requires that ``each tire shall be marked on 
each sidewall with * * * (d) The maximum load rating and corresponding 
inflation pressure of the tire.'' Although 424 tires were manufactured 
with the incorrect load range label, 294 of the tires were found and 
quarantined to prevent sales and distribution. However, 130 tires are 
unaccounted for and are considered distributed and sold into the United 
States market. It is these 130 tires that are the subject of this 
petition.
    Yokohama believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Yokohama states that reliance upon the misbranding of load range ``C'' 
would not pose any threat to motor vehicle safety since the tires' 
actual carrying capability by specification is load range ``D.'' Thus, 
the tires' true capability exceeds that of a load range ``C'' tire.
    The agency agrees with Yokohama's statement that the incorrect 
markings do not present a serious safety concern. There is no effect of 
the noncompliance on the operational safety of vehicles on which these 
tires are mounted, since the tires' actual carrying capacity is greater 
than the load range labeled on the tires. In addition, the tires are 
certified to meet all the performance requirements of FMVSS No. 119 and 
all other informational markings as required by FMVSS No. 119 are 
present. Yokohama has corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Yokohama's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: July 22, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-17108 Filed 7-27-04; 8:45 am]
BILLING CODE 4910-59-P