[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Notices]
[Pages 49522-49523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24173]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-068; 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, 30120 for a 
noncompliance with 49 CFR 571.109, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 109, ``New Pneumatic Tires.'' The basis of the 
application is that the noncompliance is inconsequential as it relates 
to motor vehicle safety.
    Notice of receipt of the application was published on June 25, 
1996, and an opportunity was afforded for comment (Vol. 61, No. 123 CFR 
32896).

Background

    Paragraph S4.3(a) of FMVSS No. 109 requires tires to be labeled 
with one size designation, except that equivalent inch and metric size 
designations may be used.
    Michelin's description of noncompliance 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

[[Page 49523]]

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.''
    Michelin's initial argument did not support its application that 
the labeling noncompliance was inconsequential with respect to motor 
vehicle safety. The agency's concern regarding the mislabeling was what 
bearing the aspect ratio would have on the load-carrying capacity of 
the tire. In this case, the load carrying capacity of the tire could be 
miscalculated by as much as 88 pounds (6%) because of the wrong aspect 
ratio being printed on the tire. Therefore, during the comment period, 
NHTSA sought further information from the petitioner on what 
consequences the alleged noncompliance would have on motor vehicle 
safety.
    The petitioner responded with the following additional information:
     Tests conducted on the mislabeled tires at the higher 
loads specified for a 205/75R15 tire exceeded all FMVSS No. 109 
performance requirements.
     In the unlikely event that the tire would be fitted to a 
vehicle as a replacement for a 205/75R15, the tire would be able to 
carry the additional load and exceed all FMVSS No. 109 resistance to 
bead unseating, strength, endurance, and high speed performance 
requirements.
    A summary of the test results follows:

----------------------------------------------------------------------------------------------------------------
                                    Tire                                                                        
               Test                 No.#          Result              Requirement               Comment         
----------------------------------------------------------------------------------------------------------------
High Speed Performance...........       1  5.6 hours...........  5.0 hours...........  429 miles.               
                                        2  5.7 hours...........  5.0 hours...........  437 miles.               
Tire Endurance...................       1  56 hours............  34 hours............  2800 miles.              
                                        2  56 hours............  34 hours............                           
Tire Strength....................       1  5131 in-lbs.........  2600 in-lbs (min)...  Result=min of 5 test     
                                        2  4862 in-lbs.........  2600 in-lbs (min)...   values per tire.        
Resistance to Bead Unseating.....       1  2830 lbs............  2500 lbs (min)......  Result=min of 5 test     
                                        2  2900 lbs............  2500 lbs (min)......   values per tire.        
----------------------------------------------------------------------------------------------------------------

    Michelin reported that all of the tires summarized in the above 
chart were tested in accordance with the procedures defined in 49 CFR 
Sec. 571.109. Loading of the tires was based upon a maximum tire load 
of 1609 pounds for the 205/75R15 instead of the 1521 pound maximum load 
of the 205/70R15.

Comments

    No comments were received on the application.

Discussion and Recommendation

    In response to NHTSA's request, Michelin submitted additional test 
data in support of its inconsequentiality application. We believe these 
data more adequately support the application for labeling noncompliance 
since tests conducted on the mislabeled tires at the higher loads 
specified for a 205/75R15 tire exceeded all FMVSS No. 109 performance 
requirements.
    Therefore, additional information provided by the petitioner, the 
petitioner's willingness to bring the remaining tires into full 
compliance (3,978) with the marking requirements of FMVSS No. 109, or 
scrap the remaining tires, satisfies our concern that motor vehicle 
safety will not be compromised.
    Accordingly, for the reasons expressed above, the petitioner has 
met its burden of persuasion that the noncompliance herein described is 
inconsequential as it relates 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; delegation of authority at 49 CFR 501.8).

    Issued on: September 16, 1996.
L. Robert Shelton,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 96-24173 Filed 9-19-96; 8:45 am]
BILLING CODE 4910-59-P