

[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Notices]               
[Page 5261-5262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-115]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0009; Notice 1]

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

    Bridgestone Firestone North American Tire, LLC (BFNT) has 
determined that certain tires that it manufactured in September and 
October of 2007, did not fully comply with paragraph S5.5.1(a) of 49 
CFR 571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139 New 
Pneumatic Radial Tires for Light Vehicles. For the passenger car and 
light truck tires it regulates, FMVSS No. 139 requires mandatory 
compliance for new tires manufactured on or after September 1, 2007. 
BFNT has filed an appropriate report pursuant to 49 CFR Part 573, 
Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), BFNT 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 BFNT'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 approximately 3,963 Bridgestone brand P235160R17, 
DUELER H/T 684 II tires, produced in the Aiken Plant during the DOT 
weeks of 38, 39, 40, 41, and 42 in 2007. Paragraph S5.5.1(a) of 49 CFR 
571.139 requires that for regulated radial passenger car and light 
truck tires manufactured on or after September 1, 2007, but before 
September 1, 2009, they be permanently labeled with the tire 
identification number required by 49 CFR part 574 on a sidewall of the 
tire. Except for retreaded tires, either the tire identification number 
or a partial tire identification number containing all characters in 
the tire identification number, except for the dated code and, at the 
discretion of the manufacturer, any optional code, must be labeled on 
the other sidewall of the tire.
    BFNT explains that 3,963 P235160R17 size Bridgestone Dueler AIT 684 
11 tires, produced at its Aiken plant (DOT serial code is 7XOUBD43807 
through 7XOUBD44207) were mismarked as explained below. 1,862 of these 
tires are currently under BFNT's control and 2,101 remain in the 
replacement market in the U.S.
    BFNT describes the mismarking by stating that the affected tires 
are marked with a complete Tire Identification Number (TIN) on one 
sidewall and no TIN or partial TIN on the opposite sidewall. Therefore, 
the noncompliance is a sidewall mismarking as follows:
    Actual stamping is BLANK. (on one sidewall).
    Correct stamping should be: 7XOUBD4 (on that sidewall).
    BFNT states that it believes that the noncompliance described 
herein is inconsequential as it relates to Motor Vehicle Safety. The 
subject tires were not marked with the partial TIN on one sidewall as 
required. BFNT believes that this noncompliance 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.
    BFNT makes the argument that the noncompliant tires meet or exceed 
all performance requirements of FMVSS No. 139, and will have no impact 
on the operational performance or safety of vehicles on which these 
tires are mounted.
    BFNT further states that 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). The subject tires 
are marked in the same manner that was the requirement for many years 
until the FMVSS 139 markings which required additional TIN information 
on the opposite sidewall became effective. For this mislabeling, any 
safety campaign communication, if necessary, could include in the 
listing of recalled TINs, direction to the consumer to read both 
sidewalls of each tire on the vehicle for the TINs or partial TINs so 
that the consumer would know that these mislabeled tires are included 
in any future recall.
    In view of the information and facts presented, BFNT submits that 
the mismarking of the subject tires should be deemed inconsequential as 
it relates to Motor Vehicle Safety and requests that it be granted an 
exemption from the notification and remedy requirements of the Safety 
Act.
    NHTSA notes that due to 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 apply to only the 2,101 tires that have already passed 
from the manufacturer to an owner, purchaser, or dealer. Subsequent to 
receipt of the subject petition, BFNT informed NHTSA that they have 
remedied the mismarking on the 1,862 tires still under their control 
bringing those tires into compliance with FMVSS No. 139.
    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

[[Page 5262]]

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.
    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. Please note that we are allowing just 
10 days for comment in order to expedite resolution of this matter. 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: February 8, 2008.

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

    Issued on: January 23, 2008.
Claude H. Harris
Director, Office of Vehicle, Safety Compliance.
 [FR Doc. E8-1543 Filed 1-28-08; 8:45 am]

BILLING CODE 4910-59-P
