Bridgestone Americas Tire Operations, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Bridgestone
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Claude H. Harris
National Highway Traffic Safety Administration
December 3, 2012
[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71679-71680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29135]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0108; Notice 1]
Bridgestone Americas Tire Operations, LLC, Receipt of Petition
for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of petition.
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SUMMARY: Bridgestone Americas Tire Operations, LLC (BRIDGESTONE),\1\
has determined that certain Bridgestone brand tires manufactured
between June 19, 2011 and March 17, 2012, do not fully comply with
paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for Light Vehicles. Bridgestone has
filed an appropriate report dated July 19, 2012, pursuant to 49 CFR
Part 573, Defect and Noncompliance Responsibility and Reports.
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\1\ Bridgestone Americas Tire Operations, LLC, is a manufacturer
of replacement equipment and is registered under the laws of the
state of Delaware.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Bridgestone 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 to motor
vehicle safety.
This notice of receipt of Bridgestone'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.
Vehicles Involved: Affected are approximately 1,102 Firestone
Firehawk Wide Oval AS size 245/40R19 and 245/35R20 brand tires
manufactured between June 19, 2011, and March 17, 2012. Only 97 of the
affected tires are no longer under the control of the petitioner.
Therefore, only those 97 tires are the subject of this petition.
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, these provisions
only apply to the subject 97 \2\ tires that Bridgestone no longer
controlled at the time it determined that the noncompliance existed.
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\2\ Bridgestone's petition, which was filed under 49 CFR part
556, requests an agency decision to exempt Bridgestone as an
equipment manufacturer from the notification and recall
responsibilities of 49 CFR part 573 for the 97 affected tires that
it still controls. However, a decision on this petition will not
relieve vehicle distributors and dealers of the prohibitions on the
sale, offer for sale, introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles under their control
after Bridgestone notified them that the subject noncompliance
existed. The 1,005 affected tires that Bridgestone still controls
must be remedied or destroyed.
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Noncompliance: Bridgestone explains that the noncompliance is that,
due to a mold labeling error. The sidewall marking on the reference
side of the tires incorrectly describes the actual number of plies in
the tread area of the tires as required by paragraph S5.5(f).
Specifically, the tires in question were inadvertently manufactured
with ``TREAD 1 POLYESTER 2 STEEL 1 NYLON.'' The labeling should have
been ``TREAD 1 POLYESTER 2 STEEL 2 NYLON.''
Rule Text: Paragraph S5.5 of FMVSS No. 139 requires in pertinent
part:
S5.5 Tire markings. Except as specified in paragraphs (a)
through (i) of S5.5, each tire must be marked on each sidewall with
the information specified in S5.5(a) through (d) and on one side-
wall with the information specified in S5.5(e) through (i) according
to the phase-in schedule specified in S7 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 that 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 * * *
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different * * *
Summary of Bridgestone's Analysis and Arguments
Bridgestone believes that while the noncompliant tires are
mislabeled; the subject tires meet or exceed all performance
requirements as required in part by FMVSS No. 139 and that the
noncompliant labeling has no impact on the operational performance or
safety of vehicles on which these tires are mounted.
Bridgestone also points out that NHTSA has previously granted
similar petitions for non-compliances in sidewall markings.
Bridgestone has additionally informed NHTSA that it has corrected
future production and will re-label the 1,005 contained tires to
reflect correct construction.
In summation, Bridgestone believes that the described noncompliance
of its tires is inconsequential to motor vehicle safety, and that its
petition, to exempt it 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.
Comments: 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:
a. 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.
b. By hand delivery 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.
c. 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 1-202-493-2251.
[[Page 71680]]
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 your comments 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.
Documents submitted to a 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. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
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: 2 January 2013.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8.
Issued on: November 28, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-29135 Filed 11-30-12; 8:45 am]
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