[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Pages 32896-32897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16186]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-068; 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 
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(a) requires tires to be labeled 
with one size designation, except that equivalent inch and metric size 
designations may be used.
    Michelin's description of non-compliance follows:

    ``During the period of the 25th week through the 45th week of 
1995, the Ardmore, Oklahoma, plant of Uniroyal Goodrich Tire 
Manufacturing, a division of Michelin North America, Inc., produced 
tires with two size designations specified on one sidewall of the 
tire. Specifically, in the upper sidewall of the tire, in letters 
0.44 inches high, the tire was correctly marked as a 205/70R15. The 
tire was incorrectly marked in the lower sidewall area, in letters 
0.25 inches high, as a 205/75R15. This incorrect marking occurred on 
the side opposite the DOT tire identification number. The correct 
marking also appears in two places on the side that contains the DOT 
tire identification number. The markings specified by 49 CFR 571.109 
S4.3(a) call for only one size designation. All performance 
requirements of FMVSS #109 are met or exceeded for these tires.
    ``Approximately 4,708 205/70R15 BF Goodrich Touring T/A SR4 
tires were produced with the aforementioned information on one 
sidewall of the tire. Of this total, as many as 730 were shipped to 
the replacement market. The remaining tires have been isolated in 
[Michelin's] warehouses and will be brought into full compliance 
with the marking requirements of FMVSS No. 109 or scrapped.''

    Michelin supported its application for inconsequential 
noncompliance with the following:

    ``1. All tires have a paper label, showing the correct size, 
applied to the tire tread. Tires are generally `pulled from the 
rack' based on the paper label. Thus information on the correct tire 
size for the application would be available.
    ``2. The tire size is incorrect, in one of four places, only 
with respect to the aspect ratio (or series), that is 75. Both the 
section width designation of 205 and the rim diameter code of 15 are 
correct. The correct maximum load and inflation pressure for the 
205/70R15 is molded on both sides of the tire.
    ``3. The tire size is correctly stamped on both sides in letters 
0.44 inch high. Thus attention should be more readily drawn to the 
correct tire size than to the incorrect size which is in much 
smaller letters.
    ``4. When these tires are mounted on the vehicle, the `clean' 
side (i.e. the side without the bar code lines) is mounted out. Thus 
when mounting these tires on a vehicle, the proper size designation 
is readily apparent in two places on the sidewall.''

    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, D.C., 20590. It is requested but not required 
that six 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: July 25, 1996.

(49 U.S.C. 30118, 30120; delegation of authority at 49 CFR 501.8)


[[Page 32897]]


    Issued on: June 19, 1996.
Patricia Breslin,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 96-16186 Filed 6-24-96; 8:45 am]
BILLING CODE 4910-59-P