Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62513

be discovered,’’ by reference to lot/date code 

markings, there is no serious risk to motor 

vehicle safety if that information is lost. 

Instead, in the event of a defect or 

noncompliance determination affecting 

certain batches of brake fluid, the brake fluid 

manufacturer would be compelled to recall a 

larger population of brake fluid containers 

than it otherwise would need to do, because 

it could not rely on the presence of a legible 

lot/date code marking to limit the population 

of the recall.

CCI explained that it sold the affected 

brake fluid only to Mercedes-Benz, who 

then distributed it to its dealerships and 

authorized repair facilities. CCI does not 

believe Mercedes-Benz offers the brake 

fluid for retail sale to customers. CCI 

stated:

First, Mercedes-Benz purchases and 

distributes the brake fluid to its dealerships 

and authorized repair facilities in bulk 

quantities, and those products are used 

quickly. Even in the unlikely event that a 

dealership or repair facility could not read 

the lot/date code on a particular container of 

brake fluid, that entity would likely have 

other containers from the same lot/date code 

on its premises, and could ascertain the lot/

date code for the fouled container from its 

companion products. Second, CCI believes 

that all of the noncompliant containers in 

Mercedes-Benz’s inventory may already have 

been used.

The agency agrees that under the 

circumstances, the lot and date 

information could most likely be 

determined if necessary. In addition, the 

brake fluid containers comply with all 

other requirements of FMVSS No. 116 

and the brake fluid itself complies with 

the performance requirements of 

FMVSS No. 116. CCI has corrected the 

problem. 

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, CCI’s petition is granted 

and the petitioner is exempted from the 

obligation of providing notification of, 

and a remedy for, the noncompliance.

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at CFR 1.50 and 

501.8.

Issued on: October 19, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–23877 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19347; Notice 1] 

Bridgestone/Firestone North American 

Tire, LLC, Receipt of Petition for 

Decision of Inconsequential 

Noncompliance 

Bridgestone/Firestone North 

American Tire, LLC (Bridgestone/

Firestone) has determined that certain 

tires it manufactured do not comply 

with S6.5 of Federal Motor Vehicle 

Safety Standard (FMVSS) No. 119, 

‘‘New pneumatic tires for vehicles other 

than passenger cars.’’ Bridgestone/

Firestone 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), Bridgestone/Firestone 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 Bridgestone/

Firestone’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 1,083 sizes 

2.75–10 and 80/90–10 Bridgestone 

HOOP tires are affected. S6.5 of FMVSS 

No. 119 requires that the maximum load 

rating and corresponding inflation 

pressure of the tires be marked on the 

tire in both English and metric units. 

The noncompliant tires do not have the 

metric markings. The actual stamping is 

‘‘MAX. LOAD 355 LBS AT 36 PSI 

COLD.’’ The correct stamping should be 

‘‘MAX. LOAD 160kg (353 LBS) AT 50 

kPa (36 PSI) COLD.’’

Bridgestone/Firestone believes that 

the noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. 

Bridgestone/Firestone states that the 

actual performance of the tires will not 

be affected by the mismarking, and that 

the tires meet or exceed all performance 

requirements of FMVSS No. 119. 

Further, Bridgestone/Firestone states 

that the mismarking will have no impact 

on the operational performance or safety 

of vehicles on which the tires are 

mounted, and that the problem has been 

corrected. 

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 a.m. to 5 p.m. 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: November 26, 

2004.

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8.

Issued on: October 19, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–23878 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration; Office of Hazardous 

Materials Safety 

Notice of Applications for Modification 

of Exemption

AGENCY: Research and Special Programs 

Administration, DOT.

ACTION: List of applications for 

modification of exemption. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, exemptions 

from the Department of Transportation’s 

Hazardous Material Regulations (49 CFR 

part 107, subpart B), notice is hereby 

given that the Office of Hazardous