[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Page 11729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4530]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-19996; Notice 2]


Dynamic Tire Corp., Grant of Petition for Decision of 
Inconsequential Noncompliance

    Dynamic Tire Corp. (Dynamic Tire) has determined that certain tires 
it imported and which were manufactured by Tianjin Wanda Tyre Group 
Co., LTD do not comply with S6.5(b) 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), Dynamic 
Tire 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 January 14, 2005, in the Federal Register (70 FR 
2707). NHTSA received no comments.
    A total of approximately 67,864 tires produced between August 1, 
2004 to December 4, 2004 are affected. S6.5(b) of FMVSS No. 119 
requires that each tire shall be marked on each sidewall with ``the 
tire identification number required by part 574 of this chapter.'' Part 
574.5(d) requires the date code to be listed such that the first two 
symbols must identify the week of the year and the third and fourth 
symbols must identify the year. The noncompliant tires reversed the 
order of these symbols.
    Dynamic Tire believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Dynamic Tire states that ``the production week * * * begins with the 
31st week of 2004 which eliminates any possibility of confusion between 
week and year designation.'' Dynamic Tire further states that the tires 
comply with all other requirements of the Federal Motor Vehicle Safety 
Standards.
    The agency agrees with Dynamic Tire that the noncompliance is 
inconsequential to motor vehicle safety. Since the production week 
begins with the 31st week of 2004, this eliminates any possibility of 
confusion between week and year designation. In addition, the tires 
comply with all other FMVSS requirements. Dynamic Tire 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, 
Dynamic Tire'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: March 3, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-4530 Filed 3-8-05; 8:45 am]
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