[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 31007-31008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10722]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-20047; Notice 2]


Bridgestone/Firestone North America Tire, LLC. Denial of 
Application for Decision of Inconsequential Noncompliance

    Bridgestone/Firestone North America Tire, LLC has determined that 
approximately 323 size 445/50R22.5 20 Ply, Load Range `L', Bridgestone 
S892 tires do not meet the labeling requirements mandated by Federal 
Motor Vehicle Safety Standard (FMVSS) No. 109, ``New Pneumatic Tires.''
    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.'' FMVSS No. 109 (S4.3(b)) and (S4.3(c)) require that each tire 
shall have permanently molded the maximum permissible inflation 
pressure and the maximum load rating of the tire, respectively. Notice 
of receipt of the application was published, with a 30-day comment 
period, on February 9, 2005 in the Federal Register (70 FR 6923). NHTSA 
received no comment on this application.
    The noncompliance with S4.3(c) relates to the sidewall markings. 
Bridgestone/Firestone Tochigi, Japan Plant produced approximately 323 
tires with incorrect markings. The noncompliant tires were marked: 
``Max Load 4540 Kg (10,000 lbs.) @ 790 kPa (115 psi).'' The correct 
marking is as follows: ``Max Load 4625 Kg (10,200 lbs.) @ 830 kPa (120 
psi).''
    Bridgestone/Firestone believes that the noncompliance described 
herein is inconsequential as it relates to motor vehicle safety because 
the load molded on the tire is less than the actual prescribed maximum 
load. Thus the tires can easily accommodate the load they will likely 
carry per tire application. Therefore, Bridgestone/Firestone believes 
this noncompliance is particularly unlikely to have an adverse effect 
on motor vehicle safety and is clearly inconsequential in that regard. 
The noncompliant tires meet or exceed all performance requirements of 
FMVSS No. 109 and will have no impact on the operational performance or 
safety of vehicles on which these tires are mounted.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety is the effect of the

[[Page 31008]]

noncompliance on the operational safety of vehicles on which these 
tires are mounted. The correct label for max load at max pressure is 
``10200 lbs @ 120 psi''. The incorrect label says ``10,000 lbs @ 115 
psi''. Although the max load is labeled to be less on the incorrect 
label than the actual max load, the pressure is also lower, which has 
an effect on the load bearing ability of the tire. Referencing the 
European Tyre and Rim Technical Organization tire tables for that size 
tire reveals that a 445/50R22.5 tire that has a max load at max 
pressure of 10,200 lbs @ 120 psi, will be able to support 9860 lbs @ 
115 psi. Therefore, at 115 psi the tire will be able to support 140 lbs 
less than the 10,000 lbs stated. Hence the incorrect label would allow 
the tire to be overloaded at the stated max pressure of 115 psi.
    In consideration of the foregoing, NHTSA has decided that the 
applicant does not meet its burden of persuasion that the noncompliance 
is inconsequential to motor vehicle safety. Accordingly, its 
application is denied and the applicant is not 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.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: May 24, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-10722 Filed 5-27-05; 8:45 am]
BILLING CODE 4910-59-P