[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]



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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