Bridgestone Americas Tire Operations, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Bridgestone
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Jeffrey Giuseppe
National Highway Traffic Safety Administration
October 2, 2015
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59850-59851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25067]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0078; 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 bus tires do not fully comply with
paragraph S6.5(e) 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 has filed an
appropriate report dated July 7, 2015, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports.
DATES: The closing date for comments on the petition is November 2,
2015.
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 at the beginning of this notice and
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 your comments were
[[Page 59851]]
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.
SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule 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 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 328 Bridgestone
R192GZ size 12R22.5 bus tires sold in the U.S. territory of Guam and
manufactured between January 1, 2004 and April 30, 2015.
III. Noncompliance: BATO explains that the noncompliance is that
the sidewall of the subject tires clearly states the speed restriction
in km/h, however, omits the English units in mph as required by
paragraph S6.5(e) of FMVSS No. 119.
IV. Rule Text: Paragraph S6.5 of FMVSS No. 121 requires 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 . . .
(e) The speed restriction of the tire, if 90 km/h (55 mph) or
less, shown as follows:
Max speed __km/h (__mph).
V. Summary of BATO's Petition: BATO believes that the subject
noncompliance is inconsequential to motor vehicle safety. BATO states
that Guam does not have interstate highways and that the speed limits
throughout Guam (35 mph rural, 15 mph urban and 15-25 in school zones)
are significantly lower than the speed restriction of the subject tires
(55 mph), thus, BATO, believes that there is no risk of drivers
consistently driving faster than the speed restriction on the tires,
even if a driver is unfamiliar with metric units.
BATO also believes that most professional drivers would understand
the speed restriction as stated in metric units. Since the subject
tires cannot be used in a passenger vehicle application, and will be
serviced and driven by professionals who understand the difference
between English and metric units; it is unlikely an unqualified driver
would mistakenly drive these tires faster than the speed restriction.
BATO notes that they have not received any complaints, claims, or
warranty adjustments related to the subject tires and that these tires,
meet all other performance requirements of FMVSS No. 119.
BATO has additionally informed NHTSA that it has corrected the
noncompliance so that all future production of the subject tires
complies with FMVSS No. 119.
In summation, BATO believes that the described noncompliance of the
subject tires is inconsequential to motor vehicle safety, and that its
petition, to exempt BATO 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.
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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-25067 Filed 10-1-15; 8:45 am]
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