[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41478-41479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14140]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-20046; Notice 2]


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

    Bridgestone/Firestone North America Tire, LLC has determined that 
approximately 937 size P175/65R14, Bridgestone WS50Z 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 (e)) requires that each tire shall 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.
    Notice of receipt of the application was published, with a 30-day 
comment period, on February 1, 2005, in the Federal Register (70 FR 
5267). NHTSA received no comment on this application.
    The noncompliance with S4.3 (e) relates to the sidewall markings. 
Bridgestone/Firestone Nasu, Japan Plant produced approximately 937 
tires with incorrect markings during the DOT weeks of 2702, 1203, and 
1303. The noncompliant tires were marked: ``2 STEEL & 1 POLY.'' The 
correct marking required by FMVSS No. 109 is as follows: ``2 STEEL & 1 
POLY & 1 NYLON.''
    Bridgestone/Firestone stated that the noncompliant tires were 
actually constructed with more tread plies than indicated on the 
sidewall marking. Therefore, Bridgestone/Firestone believes this 
noncompliance is particularly unlikely to have an adverse affect on 
motor vehicle safety and is clearly inconsequential in that regard. 
They reported that 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 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 No. 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 enables them to select the proper 
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 under inflated 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 
inadvertently be inflated outside a restraining device or safety cage, 
presenting a substantial threat to the technician. This tire 
construction information is critical when determining if the tire is a 
candidate for a zipper rupture and additional safety precautions. 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

[[Page 41479]]

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. 301118, 301120; delegations of authority at 49 
CFR 1.50 and 501.8)

    Issued on: July 13, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-14140 Filed 7-18-05; 8:45 am]
BILLING CODE 4910-59-P