[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Pages 32895-32896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16185]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-003; Notice 2]
Michelin North America, Inc.; Grant of Application for Decision
of Inconsequential Noncompliance
This notice grants the application by Michelin North America, Inc.
(Michelin) of Greenville, South Carolina, to be exempted from the
notification and remedy requirements of 49 U.S.C. 30118 and 30120 for a
noncompliance with 49 CFR 571.109, Motor Vehicle Safety Standard No.
109, ``New Pneumatic Tires.'' The basis of the petition is that the
noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of the petition was published on February 2,
1996, and an opportunity afforded for comment (61 FR 3962).
Background
Section S4.3(b) of FMVSS No. 109 requires that tires be labeled
with the maximum permissible inflation pressure.
During the period of the 27th through the 37th week of 1995,
Manufacture Francaise des Pneumatiques Michelin in Clermont-Ferrand,
France, manufactured tires that had incorrect maximum inflation
pressure information in pounds per square inch (psi), labeled on both
tire sidewalls. Approximately 247 of the tires may have reached the
United States. The subject tires, P185/75R14X Radial BW, are correctly
labeled with a maximum inflation pressure of 240 kilopascals (kPa). The
label on these tires incorrectly gives the maximum inflation pressure
as 33 psi. The maximum inflation pressure should be 35 psi. All tires
are sold only in the replacement market.
Michelin supported its petition 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
571.110 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 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.''
Comments
One commenter, who describes himself as an ``experienced tire
engineer,'' responded to the February 2, 1996, Federal Register notice.
The commenter opposes granting the Michelin petition on the basis that
the subject is not an ``inconsequential noncompliance,'' and should be
denied. The commenter also trusts that a recall will be ordered should
Michelin have prematurely, accidentally, or inadvertently released or
distributed the 247 P185/75R14x Radial BW tires. He submitted the
following reasons in support:
1. Having the incorrect maximum inflation pressure is a major
safety problem when it is on the tire. Consumers and, more importantly,
tire mounters refer most often to the tire itself for inflation
information--and not to the door post, glove box, door edge, fuel door,
or the usually missing owner's manual, or the many available public
documents referenced.
2. Any one noticing a value on the tire being different from the
other sources would trust the tire over the other information sources,
particularly on a Michelin tire--one of the more widely-trusted brands.
3. Having the error occur in the psi value is much more detrimental
than in the kPa value, since 99.9999 ad infinitum [percentage %]
American would use the psi value and not the [kPa] value.
4. The actual conversion for 35 psi is 241 kPa--not 240 as Michelin
claims.
5. * * * most gauges sold in the U.S. as well as most self-serve
air supply gauges do not read in or show kPa.
6. If Michelin really wants to sell these mere 247 tires, they can
easily brand the correct psi maximum value on the tires. Michelin might
have to sell
[[Page 32896]]
them as BLEMs or seconds at a reduced price, but at least the tires
would have the correct maximum inflation pressure of 35 psi, if not the
correct maximum inflation pressure of 241, actually 241.32, kPa.
Discussion
Michelin has admitted manufacturing and not being able to locate
approximately 247 P185/75R14x Radial BW tires that have incorrect
maximum inflation pressure information in pounds per square inch
labeled on both tire sidewalls. The actual mark on these tires is ``240
kPa(33psi)MAX.PRESS,'' and the required mark is ``240
kPa(35psi)MAX.PRESS.'' Michelin cites the availability of several
publications which instruct users of the correct maximum inflation
pressure to be used in tires. Michelin's inconsequentiality application
does not address the potential safety hazard which could be caused by
the reported noncompliance. Instead, Michelin argues that the
noncompliance in labeling is minor because the maximum inflation
pressure is correctly marked in kPa on the tire sidewall.
The potential safety hazard is overloading the vehicle on which the
tires are installed. To determine whether there might be a potential
overloading problem, the agency referred to The 1995 Tire and Rim
Association Yearbook. The tire load limits at (240kPa/35psi) and
(240kPa/33psi) are very close, the difference being approximately 55
lbs. (See Table I.)
Table I--1995--The Tire and Rim Association, Inc.
Tire Size Designation--P185/75*14
Tire Load Limits at Various Cold Inflation Pressures Standard Load
kPa--220 to 240
psi--32 to 35
Kg--560 to 585
lbs.--1,235 to 1,290
NHTSA is not convinced that the chart indicates that tire
overloading is likely to occur should customers and tire mounters
adhere to the noncompliant tire label. The agency's belief is based on
the assumption that the tires will most likely be used on passenger
vehicles and that most passenger vehicles are not loaded to their
maximum load weight. Usually these vehicles carry an average of two
passengers and this would not create an overloaded condition. Also, the
average tire owner is not likely to inflate tires on a vehicle to the
recommended maximum inflation pressure that appears on the tire.
Finally, the number of noncompliant tires is very small, only 247,
which reduces the import of the noncompliance.
Accordingly, for the reasons expressed above, the petitioner has
met its burden of persuasion that the noncompliance herein described is
inconsequential to motor vehicle safety, and the agency grants
Michelin's application for exemption from notification of the
noncompliance as required by 49 U.S.C. 30118 and from remedy 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: June 19, 1996.
Patricia Breslin,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 96-16185 Filed 6-29-96; 8:45 am]
BILLING CODE 4910-59-P