[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Notices]
[Pages 11307-11308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4435]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-15701; Notice 2]


Bridgestone/Firestone North America Tire, LLC (BFNT); Grant of 
Application for Decision That a Noncompliance Is Inconsequential to 
Motor Vehicle Safety

    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.'' Notice of receipt of 
the application was published, with a 30-day comment period, on August 
19, 2003, in the Federal Register (68 FR 49841). NHTSA received no 
comment on this application.
    BFNT'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. Also, each tire must be labeled with the generic name of 
each cord material used in the sidewall and tread.
    BFNT 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.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Pub. L. 106-414) required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response, the agency published an Advance Notice of 
Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000 
(65 FR 75222). The agency received more than 20 comments on the tire 
labeling information required by 49 CFR Sections 571.109 and 119, part 
567, part 574, and part 575. With regard to the tire construction 
labeling requirements of FMVSS 109, S4.3, paragraphs (d) and (e), most 
commenters indicated that the information was of little or no safety 
value to consumers. However, according to the comments, when tires are 
processed for retreading or repairing, it is important for the 
retreader or repair technician to understand the make-up of the tires 
and the types of plies. This

[[Page 11308]]

enables them to select the proper repair materials or procedures for 
retreading or repairing the tires. A steel cord radial tire can 
experience a circumferential or ``zipper'' rupture in the upper 
sidewall when it is operated underinflated or overloaded. If 
information regarding the number of plies and cord material is removed 
from the sidewall, technicians cannot determine if the tire has a steel 
cord sidewall ply. As a result, many light truck tires will be inflated 
outside a restraining device or safety cage where they represent a 
substantial threat to the technician. This information is critical when 
determining if the tire is a candidate for a zipper rupture. In this 
case, since the steel cord construction is properly identified on the 
sidewall, the technician will have sufficient notice.
    In addition, the agency conducted a series of focus groups, as 
required by the TREAD Act, to examine consumer perceptions and 
understanding of tire labeling. Few of the focus group participants had 
knowledge of tire labeling beyond the tire brand name, tire size, and 
tire pressure.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety, in this case, is the effect of the noncompliance 
on the operational safety of vehicles on which these tires are mounted. 
Since the tires had more tread plies than indicated on the sidewall, 
the labeling noncompliance has no effect on the performance of the 
subject tires. A tire with more tread plies is likely to be a more 
robust tire even though it has no additional load-carrying capacity.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, its application 
is granted and the applicant is exempted from providing the 
notification of the noncompliance as required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

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

    Issued on: March 2, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-4435 Filed 3-7-05; 8:45 am]
BILLING CODE 4910-59-P