[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Page 75106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27454]



[[Page 75106]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-19347; Notice 2]


Bridgestone/Firestone North American Tire, LLC, Grant of Petition 
for Decision of Inconsequential Noncompliance

    Bridgestone/Firestone North American Tire, LLC (Bridgestone/
Firestone) has determined that certain tires it manufactured do not 
comply with S6.5 of 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), Bridgestone/Firestone 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 a petition was published, with a 30-day 
comment period, on October 26, 2004, in the Federal Register (69 FR 
62513). NHTSA received one comment.
    A total of approximately 1,083 sizes 2.75-10 and 80/90-10 
Bridgestone HOOP tires are affected. S6.5 of FMVSS No. 119 requires 
that the maximum load rating and corresponding inflation pressure of 
the tires be marked on the tire in both English and metric units. The 
noncompliant tires do not have the metric markings. The actual stamping 
is ``MAX. LOAD 355 LBS AT 36 PSI COLD.'' The correct stamping should be 
``MAX. LOAD 160kg (353 LBS) AT 50 kPa (36 PSI) COLD.''
    Bridgestone/Firestone believes that the noncompliance is 
inconsequential to motor vehicle safety and that no corrective action 
is warranted. Bridgestone/Firestone states that the actual performance 
of the tires will not be affected by the mismarking, and that the tires 
meet or exceed all performance requirements of FMVSS No. 119. Further, 
Bridgestone/Firestone states that the mismarking will have no impact on 
the operational performance or safety of vehicles on which the tires 
are mounted, and that the problem has been corrected.
    The agency agrees that the noncompliance is inconsequential to 
safety. The correct English unit information required by FMVSS No. 119 
is provided and therefore is likely to achieve the safety purposes of 
the requirement. All other informational markings are present, and the 
tires meet or exceed all of the performance requirements of FMVSS No. 
119. Bridgestone/Firestone has corrected the problem. One comment was 
received. However, the comment does not address the effect of the 
noncompliance on motor vehicle safety, and therefore is not persuasive 
in its argument that the petition should not be granted.
    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, 
Bridgestone/Firestone'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: December 9, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-27454 Filed 12-14-04; 8:45 am]
BILLING CODE 4910-59-P