80 FR 77081 - Bridgestone Americas Tire Operations, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 238 (December 11, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 238 (December 11, 2015)
| Page Range | 77081-77081 | |
| FR Document | 2015-31167 |
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)] [Notices] [Page 77081] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31167] [[Page 77081]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0078; Notice 2] Bridgestone Americas Tire Operations, LLC, Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant 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. ADDRESSES: For further information on this decision contact Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5310, facsimile (202) 366-5930. 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. Notice of receipt of the BATO's petition was published, with a 30- day public comment period, on October 2, 2015 in the Federal Register (80 FR 59850). No substantive comments were received. To view the petition, comments and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2015-0078.'' 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. 119 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 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'S Decision NHTSA's Analysis: The agency agrees with BATO that the subject noncompliance is inconsequential to motor vehicle safety. The true measure of inconsequentiality to motor vehicle safety in this case is that there is no effect of the noncompliances on the operational safety of the vehicles on which these tires are mounted. The subject speed-restricted tires are correctly stamped with the speed restriction in km/h. As BATO explained in its petition, omitting the English unit does not cause a safety concern in this case since the vehicles on which the subject tires are mounted are serviced and driven by professionals in U.S. territory of Guam (Guam) who understand the difference between English (mph) and Metric (kmh) speed units. Furthermore, NHTSA has confirmed that Guam has no interstate highways and has maximum speed restriction of 35 mph on its road network which is significantly less than the 55 mph speed restriction intended for the subject tires. For the above reasons, it is very unlikely that the subject vehicles will be driven faster than 55 mph for any sustained periods of time in Guam. NHTSA's Decision: In consideration of the foregoing, NHTSA has decided that BATO has met its burden of persuasion that the FMVSS No. 119 noncompliance is inconsequential to motor vehicle safety. Accordingly, BATO's petition is hereby granted and BATO is exempted from the obligation of providing notification of, and remedy for the subject noncompliance. 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, this decision only applies to the subject tires that BATO no longer controlled at the time it determined that the noncompliance existed. However, the granting of 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. 2015-31167 Filed 12-10-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices 77081
DEPARTMENT OF TRANSPORTATION states the speed restriction in km/h, The subject speed-restricted tires are
however, omits the English units in correctly stamped with the speed
National Highway Traffic Safety mph as required by paragraph S6.5(e) of restriction in km/h. As BATO explained
Administration FMVSS No. 119. in its petition, omitting the English unit
IV. Rule Text: Paragraph S6.5 of does not cause a safety concern in this
[Docket No. NHTSA–2015–0078; Notice 2]
FMVSS No. 119 requires in pertinent case since the vehicles on which the
Bridgestone Americas Tire Operations, part: subject tires are mounted are serviced
LLC, Grant of Petition for Decision of S6.5 Tire Markings. Except as specified in and driven by professionals in U.S.
Inconsequential Noncompliance this paragraph, each tire shall be marked on territory of Guam (Guam) who
each sidewall with the information specified
AGENCY: National Highway Traffic in paragraphs (a) through (j) of this
understand the difference between
Safety Administration (NHTSA), section. . . . English (mph) and Metric (kmh) speed
Department of Transportation (DOT). (e) The speed restriction of the tire, if 90 units.
km/h (55 mph) or less, shown as follows: Furthermore, NHTSA has confirmed
ACTION: Grant of petition.
Max speed ____km/h (___mph). . . . that Guam has no interstate highways
SUMMARY: Bridgestone Americas Tire V. Summary of BATO’s Petition: and has maximum speed restriction of
Operations, LLC (BATO), has BATO states that Guam does not have 35 mph on its road network which is
determined that certain Bridgestone bus interstate highways and that the speed significantly less than the 55 mph speed
tires do not fully comply with paragraph limits throughout Guam (35 mph rural, restriction intended for the subject tires.
S6.5(e) of Federal Motor Vehicle Safety 15 mph urban and 15–25 in school
Standard (FMVSS) No. 119, New For the above reasons, it is very
zones) are significantly lower than the
Pneumatic Tires for Motor Vehicles speed restriction of the subject tires (55 unlikely that the subject vehicles will be
With a GVWR of More than 4,536 mph), thus, BATO, believes that there is driven faster than 55 mph for any
kilograms (10,000 pounds) and no risk of drivers consistently driving sustained periods of time in Guam.
Motorcycles. BATO has filed an faster than the speed restriction on the NHTSA’s Decision: In consideration
appropriate report dated July 7, 2015, tires, even if a driver is unfamiliar with of the foregoing, NHTSA has decided
pursuant to 49 CFR part 573, Defect and metric units. that BATO has met its burden of
Noncompliance Responsibility and BATO also believes that most persuasion that the FMVSS No. 119
Reports. professional drivers would understand noncompliance is inconsequential to
ADDRESSES: For further information on the speed restriction as stated in metric motor vehicle safety. Accordingly,
this decision contact Abraham Diaz, units. Since the subject tires cannot be BATO’s petition is hereby granted and
Office of Vehicle Safety Compliance, the used in a passenger vehicle application, BATO is exempted from the obligation
National Highway Traffic Safety and will be serviced and driven by of providing notification of, and remedy
Administration (NHTSA), telephone professionals who understand the for the subject noncompliance.
(202) 366–5310, facsimile (202) 366– difference between English and metric
units; it is unlikely an unqualified NHTSA notes that the statutory
5930.
driver would mistakenly drive these provisions (49 U.S.C. 30118(d) and
SUPPLEMENTARY INFORMATION: tires faster than the speed restriction. 30120(h)) that permit manufacturers to
I. Overview: Pursuant to 49 U.S.C. BATO notes that they have not file petitions for a determination of
30118(d) and 30120(h) (see received any complaints, claims, or inconsequentiality allow NHTSA to
implementing rule at 49 CFR part 556), warranty adjustments related to the exempt manufacturers only from the
BATO submitted a petition for an subject tires and that these tires, meet duties found in sections 30118 and
exemption from the notification and all other performance requirements of 30120, respectively, to notify owners,
remedy requirements of 49 U.S.C. FMVSS No. 119. purchasers, and dealers of a defect or
Chapter 301 on the basis that this BATO has additionally informed noncompliance and to remedy the
noncompliance is inconsequential to NHTSA that it has corrected the defect or noncompliance. Therefore, this
motor vehicle safety. noncompliance so that all future
Notice of receipt of the BATO’s decision only applies to the subject tires
production of the subject tires complies that BATO no longer controlled at the
petition was published, with a 30-day with FMVSS No. 119.
public comment period, on October 2, time it determined that the
In summation, BATO believes that the
2015 in the Federal Register (80 FR described noncompliance of the subject noncompliance existed. However, the
59850). No substantive comments were tires is inconsequential to motor vehicle granting of this petition does not relieve
received. To view the petition, safety, and that its petition, to exempt equipment distributors and dealers of
comments and all supporting BATO from providing recall notification the prohibitions on the sale, offer for
documents log onto the Federal Docket of noncompliance as required by 49 sale, or introduction or delivery for
Management System (FDMS) Web site U.S.C. 30118 and remedying the recall introduction into interstate commerce of
at: http://www.regulations.gov/. Then noncompliance as required by 49 U.S.C. the noncompliant tires under their
follow the online search instructions to 30120 should be granted. control after BATO notified them that
locate docket number ‘‘NHTSA–2015– the subject noncompliance existed.
0078.’’ NHTSA’S Decision
Authority: (49 U.S.C. 30118, 30120:
II. Tires Involved: Affected are NHTSA’s Analysis: The agency agrees delegations of authority at 49 CFR 1.95 and
approximately 328 Bridgestone R192GZ with BATO that the subject
jstallworth on DSK7TPTVN1PROD with NOTICES
501.8)
size 12R22.5 bus tires sold in the U.S. noncompliance is inconsequential to
territory of Guam and manufactured motor vehicle safety. The true measure Jeffrey M. Giuseppe,
between January 1, 2004 and April 30, of inconsequentiality to motor vehicle Director, Office of Vehicle Safety Compliance.
2015. safety in this case is that there is no [FR Doc. 2015–31167 Filed 12–10–15; 8:45 am]
III. Noncompliance: BATO explains effect of the noncompliances on the
BILLING CODE 4910–59–P
that the noncompliance is that the operational safety of the vehicles on
sidewall of the subject tires clearly which these tires are mounted.
VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 PO 00000 Frm 00156 Fmt 4703 Sfmt 9990 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/80_FR_77319/page/1.svg)
Document Created: 2018-03-02 09:13:28
Document Modified: 2018-03-02 09:13:28
| 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 | Grant of petition. | |
| FR Citation | 80 FR 77081 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR