[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Pages 21189-21190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8928]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-17438; Notice 1]
Pirelli Tire North America., Receipt of Petition for Decision of
Inconsequential Noncompliance
Pirelli Pneumatici S.p.A has determined that certain tires it
produced in 2003 do not comply with S4.3(d) and S4.3(e) of 49 CFR
571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New
pneumatic tires.'' Pirelli Tire LLC (Pirelli), as agent for Pirelli
Pneumatici S.p.A, has filed an appropriate report pursuant to 49 CFR
part 573, ``Defect and Noncompliance Reports.''
Pursuant to 49 U.S.C. 30118(d) and 30120(h), Pirelli 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.
[[Page 21190]]
This notice of receipt of Pirelli'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.
A total of approximately 190 tires are involved. These are Pzero
Asimmetrico 275/40ZR18 99Y (F) H405 tires, which Pirelli Pneumatici
S.p.A produced intermittently during the period January to April, 2003.
They are marked ``reinforced'' when in fact they are not, and are
marked as two ply when they are one ply. Paragraph S4.3 of FMVSS No.
109 requires ``each tire shall have permanently molded into or onto
both sidewalls * * * (d) The generic name of each cord material used in
the plies * * * of the tire; and (e) Actual number of plies in the
sidewall, and the actual number of plies in the tread area if
different.''
Pirelli states that the incorrect sidewall inscription does not
compromise in any way the integrity or the performance characteristics
of the tires in question and does not constitute any safety-related
issue. Therefore, Pirelli believes that the noncompliance is
inconsequential to motor vehicle safety, and that no corrective action
is warranted.
Interested persons are invited to submit written data, views, and
arguments on the petition described above. 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. Mail: Docket Management
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery:
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC. It is requested, but not required, that
two copies of the comments be provided. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays. Comments may be
submitted electronically by logging onto the Docket Management System
Web site at http://dms.dot.gov. Click on ``Help'' to obtain
instructions for filing the document electronically. Comments may be
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking
Portal: go to http://www.regulations.gov. Follow the online
instructions for submitting comments.
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.
Comment closing date: May 20, 2004.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR
1.50 and 501.8).
Issued on: April 14, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-8928 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-59-P