80 FR 59850 - Bridgestone Americas Tire Operations, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 191 (October 2, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 191 (October 2, 2015)
| Page Range | 59850-59851 | |
| FR Document | 2015-25067 |
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)] [Notices] [Pages 59850-59851] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25067] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-59-P
![59850 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices
Issued on: September 25, 2015. (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION
T.F. Scott Darling, III, New Jersey Avenue SE., W12–140,
Acting Administrator. Washington, DC 20590. The Docket National Highway Traffic Safety
[FR Doc. 2015–25132 Filed 10–1–15; 8:45 am] Operations Facility is open from 9 a.m. Administration
BILLING CODE 4910–EX–P to 5 p.m., Monday through Friday,
[Docket No. NHTSA–2015–0078; Notice 1]
except Federal Holidays.
Interested parties are invited to Bridgestone Americas Tire Operations,
DEPARTMENT OF TRANSPORTATION participate in these proceedings by LLC, Receipt of Petition for Decision of
submitting written views, data, or Inconsequential Noncompliance
Federal Railroad Administration comments. FRA does not anticipate
[Docket Number FRA–2015–0094] scheduling a public hearing in AGENCY: National Highway Traffic
connection with these proceedings since Safety Administration (NHTSA),
Petition for Waiver of Compliance the facts do not appear to warrant a Department of Transportation (DOT).
hearing. If any interested party desires ACTION: Receipt of Petition.
In accordance with part 211 of Title
an opportunity for oral comment, they
49 Code of Federal Regulations (CFR), SUMMARY: Bridgestone Americas Tire
should notify FRA, in writing, before
this document provides the public Operations, LLC (BATO), has
the end of the comment period and
notice that by a document dated August determined that certain Bridgestone bus
specify the basis for their request.
20, 2015, the Twin Cities & Western tires do not fully comply with paragraph
Railroad (TCWR) has petitioned the All communications concerning these
proceedings should identify the S6.5(e) of Federal Motor Vehicle Safety
Federal Railroad Administration (FRA) Standard (FMVSS) No. 119, New
for a waiver of compliance from certain appropriate docket number and may be
submitted by any of the following Pneumatic Tires for Motor Vehicles with
provisions of the Federal railroad safety a GVWR of more than 4,536 kilograms
regulations contained at 49 CFR methods:
• Web site: http:// (10,000 pounds) and Motorcycles.
223.11—Requirements for existing BATO has filed an appropriate report
locomotives. FRA assigned the petition www.regulations.gov. Follow the online
instructions for submitting comments. dated July 7, 2015, pursuant to 49 CFR
Docket Number FRA–2015–0094. part 573, Defect and Noncompliance
TCWR has petitioned FRA to grant a • Fax: 202–493–2251.
Responsibility and Reports.
waiver of compliance from 49 CFR part • Mail: Docket Operations Facility,
223—Safety Glazing Standards, for one DATES: The closing date for comments
U.S. Department of Transportation, 1200
locomotive, TCWR 1207, which requires New Jersey Avenue SE., W12–140, on the petition is November 2, 2015.
certified glazing in all windows. The Washington, DC 20590. ADDRESSES: Interested persons are
subject locomotive is a recent purchase • Hand Delivery: 1200 New Jersey invited to submit written data, views,
by TCWR. It is an Electro-Motive Diesel Avenue SE., Room W12–140, and arguments on this petition.
(EMD) SW1200 diesel switcher Washington, DC 20590, between 9 a.m. Comments must refer to the docket and
locomotive built by General Motors’ and 5 p.m., Monday through Friday, notice number cited at the beginning of
EMD Division. Its windows do not have excluding Federal Holidays. this notice and submitted by any of the
the proper safety glazing as required by Communications received by following methods:
49 CFR part 223. Even though the November 16, 2015 will be considered • Mail: Send comments by mail
locomotive is presently used as a by FRA before final action is taken. addressed to: U.S. Department of
switching unit, TCWR wants to equip Comments received after that date will Transportation, Docket Operations, M–
this unit with ditch lights, an alerter, be considered as far as practicable. 30, West Building Ground Floor, Room
and other safety features to allow it to Anyone is able to search the W12–140, 1200 New Jersey Avenue SE.,
be used as a main line unit. As such, the electronic form of any written Washington, DC 20590.
TCWR is requesting a glazing waiver to communications and comments • Hand Deliver: Deliver comments by
place this unit into main line service. received into any of our dockets by the hand to: U.S. Department of
TCWR is a Class III rail carrier based name of the individual submitting the Transportation, Docket Operations, M–
in Glencoe, MN. The railroad uses 294 comment (or signing the document, if 30, West Building Ground Floor, Room
miles of track in Minnesota and another submitted on behalf of an association, W12–140, 1200 New Jersey Avenue SE.,
49 miles of track in South Dakota business, labor union, etc.). In Washington, DC 20590. The Docket
interchanging with Class I railroads accordance with 5 U.S.C. 553(c), DOT Section is open on weekdays from 10
(Canadian Pacific Railway, Union solicits comments from the public to a.m. to 5 p.m. except Federal Holidays.
Pacific Railroad, BNSF Railway and better inform its processes. DOT posts • Electronically: Submit comments
Canadian National Railway) in the Twin these comments, without edit, including electronically by: Logging onto the
Cities. TCWR is a key player in the any personal information the Federal Docket Management System
economic health of western Minnesota commenter provides, to (FDMS) Web site at http://
and eastern South Dakota by moving www.regulations.gov, as described in www.regulations.gov/. Follow the online
goods and commodities from the system of records notice (DOT/ALL– instructions for submitting comments.
production/processing/shipping 14 FDMS), which can be reviewed at Comments may also be faxed to (202)
facilities of more than 50 shippers, 6 www.dot.gov/privacy. See also http:// 493–2251.
days per week, along its line. TCWR www.regulations.gov/#!privacyNotice Comments must be written in the
mstockstill on DSK4VPTVN1PROD with NOTICES
personnel have responsibility for day-to- for the privacy notice of regulations.gov. English language, and be no greater than
day inspection and maintenance of the 15 pages in length, although there is no
railroad track. Issued in Washington, DC, on September limit to the length of necessary
A copy of the petition, as well as any 28, 2015. attachments to the comments. If
written communications concerning the Ron Hynes, comments are submitted in hard copy
petition, is available for review online at Director, Office of Technical Oversight. form, please ensure that two copies are
www.regulations.gov and in person at [FR Doc. 2015–25007 Filed 10–1–15; 8:45 am] provided. If you wish to receive
the U.S. Department of Transportation’s BILLING CODE 4910–06–P confirmation that your comments were
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![Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices 59851
received, please enclose a stamped, self- V. Summary of BATO’s Petition: Authority: (49 U.S.C. 30118, 30120:
addressed postcard with the comments. BATO believes that the subject delegations of authority at 49 CFR 1.95 and
Note that all comments received will be noncompliance is inconsequential to 501.8)
posted without change to http:// motor vehicle safety. BATO states that Jeffrey Giuseppe,
www.regulations.gov, including any Guam does not have interstate highways Director, Office of Vehicle Safety Compliance.
personal information provided. and that the speed limits throughout [FR Doc. 2015–25067 Filed 10–1–15; 8:45 am]
Documents submitted to a docket may Guam (35 mph rural, 15 mph urban and
BILLING CODE 4910–59–P
be viewed by anyone at the address and 15–25 in school zones) are significantly
times given above. The documents may lower than the speed restriction of the
also be viewed on the Internet at subject tires (55 mph), thus, BATO, DEPARTMENT OF TRANSPORTATION
http://www.regulations.gov by following believes that there is no risk of drivers
the online instructions for accessing the consistently driving faster than the Pipeline and Hazardous Materials
dockets. DOT’s complete Privacy Act speed restriction on the tires, even if a Safety Administration
Statement is available for review in the driver is unfamiliar with metric units.
Federal Register published on April 11, BATO also believes that most Hazardous Materials: Notice of
2000, (65 FR 19477–78). professional drivers would understand Application for Special Permits
The petition, supporting materials, the speed restriction as stated in metric
units. Since the subject tires cannot be AGENCY: Office of Hazardous Materials
and all comments received before the
used in a passenger vehicle application, Safety, Pipeline and Hazardous
close of business on the closing date
and will be serviced and driven by Materials Safety Administration,
indicated below will be filed and will be
professionals who understand the (PHMSA), DOT.
considered. All comments and
supporting materials received after the difference between English and metric ACTION: List of Applications for Special
closing date will also be filed and will units; it is unlikely an unqualified Permits.
be considered to the extent possible. driver would mistakenly drive these
tires faster than the speed restriction. SUMMARY: In accordance with the
When the petition is granted or denied,
BATO notes that they have not procedures governing the application
notice of the decision will be published
received any complaints, claims, or for, and the processing of, special
in the Federal Register pursuant to the
warranty adjustments related to the permits from the Department of
authority indicated below.
subject tires and that these tires, meet Transportation’s Hazardous Material
SUPPLEMENTARY INFORMATION: all other performance requirements of Regulations (49 CFR part 107, subpart
I. Overview: Pursuant to 49 U.S.C. FMVSS No. 119. B), notice is hereby given that the Office
30118(d) and 30120(h) (see BATO has additionally informed of Hazardous Materials Safety has
implementing rule at 49 CFR part 556), NHTSA that it has corrected the received the application described
BATO submitted a petition for an noncompliance so that all future herein. Each mode of transportation for
exemption from the notification and production of the subject tires complies which a particular special permit is
remedy requirements of 49 U.S.C. with FMVSS No. 119. requested is indicated by a number in
Chapter 301 on the basis that this In summation, BATO believes that the the ‘‘Nature of Application’’ portion of
noncompliance is inconsequential to described noncompliance of the subject the table below as follows: 1—Motor
motor vehicle safety. tires is inconsequential to motor vehicle vehicle, 2—Rail freight, 3—Cargo vessel,
This notice of receipt of BATO’s safety, and that its petition, to exempt 4—Cargo aircraft only, 5—Passenger-
petition is published under 49 U.S.C. BATO from providing recall notification carrying aircraft.
30118 and 30120 and does not represent of noncompliance as required by 49
DATES: Comments must be received on
any agency decision or other exercise of U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. or before November 2, 2015.
judgment concerning the merits of the Address Comments To: Record
petition. 30120 should be granted.
NHTSA notes that the statutory Center, Pipeline and Hazardous
II. Tires Involved: Affected are Materials Safety Administration, U.S.
approximately 328 Bridgestone R192GZ provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to Department of Transportation,
size 12R22.5 bus tires sold in the U.S. Washington, DC 20590.
territory of Guam and manufactured file petitions for a determination of
inconsequentiality allow NHTSA to Comments should refer to the
between January 1, 2004 and April 30, application number and be submitted in
2015. exempt manufacturers only from the
duties found in sections 30118 and triplicate. If confirmation of receipt of
III. Noncompliance: BATO explains comments is desired, include a self-
that the noncompliance is that the 30120, respectively, to notify owners,
purchasers, and dealers of a defect or addressed stamped postcard showing
sidewall of the subject tires clearly the special permit number.
states the speed restriction in km/h, noncompliance and to remedy the
defect or noncompliance. Therefore, any FOR FURTHER INFORMATION CONTACT:
however, omits the English units in
mph as required by paragraph S6.5(e) of decision on this petition only applies to Ryan Paquet, Director, Office of
FMVSS No. 119. the subject tires that BATO no longer Hazardous Materials Approvals and
IV. Rule Text: Paragraph S6.5 of controlled at the time it determined that Permits Division, Pipeline and
FMVSS No. 121 requires in pertinent the noncompliance existed. However, Hazardous Materials Safety
part: any decision on this petition does not Administration, U.S. Department of
mstockstill on DSK4VPTVN1PROD with NOTICES
relieve equipment distributors and Transportation, East Building, PHH–30,
S6.5 Tire Markings. Except as specified in dealers of the prohibitions on the sale, 1200 New Jersey Avenue Southeast,
this paragraph, each tire shall be marked on offer for sale, or introduction or delivery Washington, DC 20590–0001, (202) 366–
each sidewall with the information specified
in paragraphs (a) through (j) of this section
for introduction into interstate 4535.
. . . commerce of the noncompliant tires Copies of the applications are
(e) The speed restriction of the tire, if 90 under their control after BATO notified available for inspection in the Records
km/h (55 mph) or less, shown as follows: them that the subject noncompliance Center, East Building, PHH–30, 1200
Max speed __km/h (__mph). existed. New Jersey Avenue Southeast,
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Document Created: 2015-12-15 08:45:16
Document Modified: 2015-12-15 08:45:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of Petition. | |
| Dates | The closing date for comments on the petition is November 2, 2015. | |
| FR Citation | 80 FR 59850 |
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