[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)] [Notices] [Pages 3962-3963] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-2269] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. 96-003; Notice 1] Michelin North America, Inc.; Receipt of Application for Decision of Inconsequential Noncompliance Michelin North America, Inc. (Michelin) of Greenville, South Carolina, has determined that some of its tires fail to comply with the labeling requirements of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New Pneumatic Tires,'' and has filed an appropriate report pursuant to 49 CFR Part 573, ``Defect and Noncompliance Reports.'' Michelin has 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 safety. This notice of receipt of an application is published under 49 [[Page 3963]] U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the application. In FMVSS No. 109, Paragraph S4.3(b) requires that tires be labeled with the maximum permissible inflation pressure. From the 27th through the 37th week of 1995, Michelin produced approximately 247 tires which had incorrect maximum inflation pressure information in pounds per square inch (psi) on the label. The subject tire is a P185/75R14 X Radial BW. The label on these tires incorrectly gives the maximum inflation pressure as 33 psi. The maximum inflation pressure should be 35 psi. The tires are correctly labeled with a maximum inflation pressure of 240 kilopascals (kPa). All tires are sold only in the replacement market. Michelin supports its application for inconsequential noncompliance with the following: [Michelin does] not believe that this minor error on the tire sidewall will impact motor vehicle safety since the pressure is correctly marked in kPa on the tire sidewall. Furthermore, the vehicle owners manual and/or vehicle placard, as required by 49 CFR Part 571.111 S4.3(c), instructs the user of the correct pressure to be used in the tire. Additionally, many publications, instructing the user to inflate tires to the recommended inflation found on the placard, are available to the public. Examples of these documents include: 1. Tire Industry Safety Council (CTG-1/94)--``Motorist's Tire Care and Safety Guide''--``The correct air pressure is shown on the tire placard (or sticker) attached to the vehicle-door edge, door post, glove box, or fuel door.'' 2. Tire Industry Safety Council--April 4, 1995 release--``Owners should inflate tires for normal operation to the vehicle manufacturer's recommended inflation pressure found on the door post, glove box, or in the owner's manual.'' 3. Rubber Manufacturers Association (ALT 8-87)--``Care and Service of Automobile and Light Truck Tires,'' ``Proper tire inflation is shown on the vehicle's tire placard. If there is no tire placard, consult the vehicle owner's manual or check with the tire or vehicle manufacturer for the proper inflation.'' Interested persons are invited to submit written data, views, and arguments on the application of Michelin described above. Comments should refer to the docket number and be submitted to: Docket Section, National Highway Traffic Safety Administration, Room 5109, 400 Seventh Street, SW., Washington, DC 20590. It is requested that ten copies be submitted. All comments received before the close of business on the closing date indicated below will be considered. The application and supporting materials, and all comments received after the closing date, will also be filed and will be considered to the extent possible. When the application is granted or denied, the notice will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: March 4, 1996. (49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8) Issued on: January 30, 1996. Barry Felrice, Associate Administrator for Safety Performance Standards. [FR Doc. 96-2269 Filed 2-1-96; 8:45 am] BILLING CODE 4910-59-M