[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35357-35358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13924]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0025; Notice 2]
Bridgestone Americas Tire Operations, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition.
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SUMMARY: Bridgestone Americas Tire Operations, LLC (Bridgestone) \1\,
has determined that certain Firestone Transforce AT, size LT265/70R17,
light truck replacement tires manufactured between November 20, 2011
and December 10, 2011, do not fully comply with paragraph Sec. 5.5(d)
of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic
Radial Tires for Light Vehicles. Bridgestone has filed an appropriate
report pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports, dated January 9, 2012.
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\1\ Bridgestone Americas Tire Operations, LLC is a Delaware
corporation that manufactures and imports replacement equipment.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, Bridgestone 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. Notice of
receipt of the petition was published, with a 30-day public comment
period, on April 4, 2012 in the Federal Register (77 FR 20482). No
comments were received. To view the petition and all supporting
documents log onto the Federal Docket Management System (FDMS) Web site
at: http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2012-0025.''
FOR FURTHER INFORMATION CONTACT: For further information on this
decision contact Mr. Jack Chern, Office of Vehicle Safety Compliance,
the National Highway Traffic Safety Administration (NHTSA), telephone
(202) 366-0661, facsimile (202) 366-7002.
Tires Involved: Affected are approximately 467 Firestone brand
Transforce AT, size LT265/70R17, light truck replacement tires
manufactured between November 20, 2011 and December 10, 2011, at the
Bridgestone Canada, Inc., plant located in Uoliette, Quebec, Canada and
imported into the United States by Bridgestone.
Summary of Bridgstone's Analysis and Arguments: Bridgestone
explains that the noncompliance is that the sidewall marking on the
intended outboard sidewall of the subject tires describes the maximum
load in kilograms incorrectly. Specifically, the tires in question were
inadvertently marked with a maximum load of 1350 kg. The labeling
should have read 1320 kg.
Bridgestone stated its belief that the subject noncompliance is
[[Page 35358]]
inconsequential to motor vehicle safety for the following reasons:
1. While the noncompliant tires are mislabeled; the tires do in
fact have the correct marking for the maximum load in pounds on the
intended outboard sidewall, and the maximum load marking in both pounds
and kg is correct on the intended inboard sidewall. The tires also meet
or exceed all other applicable FMVSS.
2. The subject mismarking is inconsequential as it relates to motor
vehicle safety and is unlikely to have an adverse impact on motor
vehicle safety since the actual performance of the subject tires will
not be affected by the mismarking. Bridgestone supports this belief by
stating that the tires met the performance requirements of FMVSS No.
139 for endurance and high speed when tested at the 1350 kg load.
Bridgestone also points out its belief that NHTSA has previously
granted similar petitions for non-compliances in sidewall marking.
Bridgestone has additionally informed NHTSA that it has corrected
the noncompliance so that all future production tires will comply with
FMVSS No. 139.
In summation, Bridgestone believes that the described noncompliance
of its tires to meet the requirements of FMVSS No. 139 is
inconsequential to motor vehicle safety, and that its petition, to
exempt from providing recall notification of noncompliance as required
by 49 U.S.C. 30118 and remedying the recall noncompliance as required
by 49 U.S.C. 30120 should be granted.
Requirement Background:
Sec. 5.5 Tire markings. Except as specified in paragraphs (a)
through (i) of Sec. 5.5, each tire must be marked on each sidewall
with the information specified in Sec. 5.5(a) through (d) and on one
sidewall with the information specified in Sec. 5.5(e) through (i)
according to the phase-in schedule specified in Sec. 7 of this
standard. The markings must be placed between the maximum section width
and the bead on at least one sidewall, unless the maximum section width
of the tire is located in an area that is not more than one-fourth of
the distance from the bead to the shoulder of the tire. If the maximum
section width falls within that area, those markings must appear
between the bead and a point one-half the distance from the bead to the
shoulder of the tire, on at least one sidewall. The markings must be in
letters and numerals not less than 0.078 inches high and raised above
or sunk below the tire surface not less than 0.015 inches* * *
(d) The maximum load rating and for LT tires, the letter
designating the tire load range;* * *
NHTSA'S Analysis and Decision: NHTSA believes the true measure of
inconsequentiality with respect to the noncompliance with FMVSS No. 139
paragraph Sec. 5.5(d), is whether a consumer and/or retailer who
relied on the incorrect information could experience a safety problem.
In the case of this noncompliance, the subject tires are primarily
sold in the domestic replacement market, where the load in pounds would
be the predominant consumer unit of measurement. Thus, making the rated
maximum load value marked in English units and overstated in metric
unit's inconsequential to motor vehicle safety.
NHTSA has conducted a series of focus groups as required by the
TREAD Act, to examine consumer perceptions and understanding of tire
labeling. A few of the focus group participants had knowledge of tire
labeling beyond the tire brand name, tire size, and tire pressure.
Since FMVSS No. 139 applies to tires sold in the U.S., and since
consumers in the U.S. overwhelmingly rely on units of English measure
for loading information, the safety issue associated with overloading
tires as a result of the noncompliance is very small.
NHTSA has reviewed and accepts Bridgestone's analyses that the
noncompliance is inconsequential to motor vehicle safety. Bridgestone
has provided sufficient documentation that the sidewall mismarkings do
comply with all other safety performance requirements of the standard,
except the sidewall mismarking.
In consideration of the foregoing, NHTSA has determined that
Bridgestone has met its burden of persuasion that the subject FMVSS No.
139 sidewall marking noncompliance in the tires identified in
Bridgestone's Noncompliance Information Report is inconsequential to
motor vehicle safety. Accordingly, Bridgestone's petition is granted
and Bridgestone is exempted from the obligation of providing
notification of, and a remedy for, that noncompliance under 49 U.S.C.
30118 and 30120.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to approximately 467 tires that Bridgestone no longer
controlled at the time that it determined that a noncompliance existed
in the subject tires. However, the granting of this petition does not
relieve tire distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant tires under their control after
Bridgestone notified them that the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Issued On: June 5, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-13924 Filed 6-11-13; 8:45 am]
BILLING CODE 4910-59-P