Bridgestone/Firestone, Inc.; Grant of Application for Decision of Inconsequential Noncompliance

[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Notices]
[Page 29080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13645]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5014; notice 2]


 Bridgestone/Firestone, Inc.; Grant of Application for Decision 
of Inconsequential Noncompliance

    Bridgestone/Firestone, Inc. (Bridgestone) determined that certain 
tires manufactured in 1998 of various sizes and brands are not in full 
compliance with 49 CFR 571.119, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 119, ``New pneumatic tires for vehicles other than 
passenger cars,'' and has filed an appropriate report pursuant to 49 
CFR Part 573, ``Defect and Noncompliance Reports.'' Bridgestone also 
applied to be exempted from the notification and remedy requirements of 
49 U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the 
noncompliance is inconsequential to motor vehicle safely.
    Although the applicant stated this was a noncompliance with FMVSS 
No. 119, NHTSA considers this to be a noncompliance with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 109, New pneumatic tires. On March 
2, 1999, the agency received a letter from Bridgestone concurring that 
the relevant standard is indeed FMVSS No. 109.
    Notice of receipt of the application was published, with a 30-day 
comment period, on February 15, 1999, in the Federal Register (64 FR 
6937). NHTSA received no comments on this application during the 30-day 
comment period.
    Paragrph S4.3.2 of FMVSS No. 109 requires each tire to be marked in 
accordance with Part 574, Tire Identification and Recordkeeping. If a 
tire lacks this correct information, it fails to comply with FMVSS No. 
109 and is subject to the notification and remedy requirements of 
Chapter 301, unless exempted pursuant to 49 U.S.C. 30118(d) and 
30120(h) on grounds of inconsequentiality.
    On December 12, 1998, Bridgestone produced approximately 1,389 
tires with an incorrect date code. The affected tires were marked 
incorrectly with a date code of ``509,'' instead of the correct date 
code of ``508.'' The tires were manufactured at Bridgestone's Oklahoma 
City Plant.
    Bridgestone supports its application for inconsequential 
noncompliance by stating that all of the tires manufactured in the 
affected sizes and brands meet all the agency's requirements, except 
the correct date code. The purpose of the date code is to identify a 
tire so that, if necessary, the appropriate action can be taken in the 
interest of public safety--such as, a safety recall notice.
    The agency believes that in the case of a tire labeling 
noncompliance, the true measure of its inconsequentiality to motor 
vehicle safety is whether the mislabeling would affect the 
manufacturer's ability to locate them, if the tires were to be recalled 
for a performance-related noncompliance. Bridgestone has stated that it 
will include the 509 code in any future recall of tires manufactured in 
its Oklahoma City plant during the 50th week of 1998. In addition, the 
tires meet all of the agency's safety performance requirements.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to safety. Accordingly, its application is 
granted, and the applicant is exempted from providing the notification 
of the noncompliance that is required by 49 U.S.C. 30118, and from 
remedying the noncompliance, as required by 49 U.S.C. 30120.

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

    Issued on: May 25, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-13645 Filed 5-27-99; 8:45 am]
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