[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Pages 73323-73324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7124]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-23171; Notice 1]


Bridgestone Firestone North America Tire, LLC, Receipt of 
Petition for Decision of Inconsequential Noncompliance

    Bridgestone Firestone North America Tire, LLC (Bridgestone 
Firestone) has determined that certain tires it produced in 2005 do not 
comply with S4.3.2 of 49 CFR 571.109, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 109, ``New pneumatic tires.'' Bridgestone 
Firestone has filed an appropriate report pursuant to 49 CFR part 573, 
``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Bridgestone Firestone 
has petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Bridgestone Firestone's petition is 
published under 49 U.S.C. 30118 and 30120 and does not represent any 
agency decision or other exercise of judgment concerning the merits of 
the petition.
    Affected are a total of approximately 50 P205/70R15 Le Mans 
Champion SE tires produced in 2005. S4.3.2 of FMVSS No. 109 refers to 
49 CFR 575.4, section (d) which requires that the sidewall stamping 
include the date of manufacture. The noncompliant tires are stamped 
HYMOLCM, while the correct stamping including the date of manufacture 
should be HYMOLCM2705.
    Bridgestone Firestone believes that the noncompliance is 
inconsequential to motor vehicle safety and that no

[[Page 73324]]

corrective action is warranted. Bridgestone Firestone states that 
``[t]he 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 
petitioner further states,

    The week and year of [the] production portion of the Tire 
Identification Number (TIN) becomes important in the event of a 
safety campaign so that the consumer may properly identify the 
recalled tire(s). For this mislabeling, any safety campaign 
communication, if necessary, could include in the listing of 
recalled TINs and (sic) the TIN for these tires with the missing or 
blank date of production so that the consumer would know that these 
mislabeled tires are included in the recall.

    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC, 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal holidays. Comments may be submitted 
electronically by logging onto the Docket Management System Web site at 
http://dms.dot.gov. Click on ``Help'' to obtain instructions for filing 
the document electronically. Comments may be faxed to 1-202-493-2251, 
or may be submitted to the Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: January 9, 2006.

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

    Issued on: December 5, 2005.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E5-7124 Filed 12-8-05; 8:45 am]
BILLING CODE 4910-59-P