[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42394-42395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15316]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0066; Notice 1]


Bridgestone Americas Tire Operations, LLC, Receipt of Petition 
for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Bridgestone Americas Tire Operations, LLC (BATO), has 
determined that certain Bridgestone VSB heavy-duty radial truck tires 
do not fully comply with paragraph S6.5(d) of Federal Motor Vehicle 
Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles 
with a GVWR of more than 4,536 Kilograms (10,000 pounds) and 
Motorcycles. BATO filed a report dated April 7, 2016, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. BATO 
then petitioned NHTSA under 49 CFR part 556 for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety.

DATES: The closing date for comments on the petition is July 29, 2016.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by: logging 
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting 
comments. Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated above will 
be filed in the docket 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 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All documents submitted to the docket may be viewed by anyone at 
the address and times given above. The documents may also be viewed on 
the Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. The docket ID number for this 
petition is shown at the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in the 
Federal Register published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their 
implementing regulations at 49 CFR part 556, BATO submitted a petition 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential as it relates to motor vehicle safety.
    This notice of receipt of BATO'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.
    II. Tires Involved: Affected are approximately 1,167 Bridgestone 
VSB heavy-duty radial truck tires used for logging and other similar 
applications that were manufactured between April 5, 2015, and March 
30, 2016.
    III. Noncompliance: BATO stated that while the subject tires, which 
are rated for both a single and a dual load, display the proper maximum 
load rating and inflation pressure on the sidewall for a single load, 
but are missing that information for a dual load. As a consequence, the 
tires do not fully comply with paragraph S6.5(d) of FMVSS No. 119.
    IV. Rule Text: Paragraph S6.5(d) of FMVSS No. 119 provides, in 
pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information specified 
in paragraphs (a) through (j) of this section. . . .
    (d) The maximum load rating and corresponding inflation pressure 
of the tire, shown as follows:
    (Mark on tires rated for single and dual load): Max load single 
__kg (__lb) at __kPa (__psi) cold. Max load dual __kg (__lb) at 
__kPa (__psi) cold.
    (Mark on tires rated only for single load): Max load __kg (__lb) 
at __kPa (__psi) cold. . . .

    V. Summary of BATO's Petition: BATO described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates motor vehicle safety and is unlikely to 
have an adverse impact on motor vehicle safety. BATO states that the 
subject tires meet or exceed all of the performance requirements of 
FMVSS No. 119. BATO also contends that the missing ``dual'' load 
information has no effect on the performance of the subject tires and 
that the subject tires were tested and passed at the single tire load, 
which is higher and more punishing than that of the dual tire load.
    BATO asserted that NHTSA has previously granted inconsequential 
noncompliance petitions regarding noncompliances that are similar to 
the subject noncompliance.

[[Page 42395]]

    BATO concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    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, any decision on 
this petition only applies to the subject tires that BATO no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve equipment 
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 BATO 
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.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-15316 Filed 6-28-16; 8:45 am]
 BILLING CODE 4910-59-P