[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Notices]
[Page 59487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29949]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-119; 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 571.119, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 119, ``New Pneumatic Tires for Vehicles Other Than 
Passenger Cars,'' 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.
    FMVSS No. 119, Paragraph S6.5, Tire markings, requires that tires 
be marked on each sidewall with specific information. The markings 
shall be placed between the maximum section width (exclusive of 
sidewall decorations or curb ribs) and the bead on at least one 
sidewall, unless the maximum section width of the tire is located in an 
area which is not more than one-fourth of the distance from the bead to 
the shoulder of the tire. If the maximum section width falls within 
that area, the markings shall appear between the bead and a point one-
half the distance from the bead to the shoulder of the tire, on at 
least one sidewall.
    Michelin's description of non-compliance follows: ``During the 
period of the 48th week of 1995 through the 1st week of 1996, the 
Opelika, Alabama, plant of Uniroyal Goodrich Tire Manufacturing, a 
division of Michelin North America, Inc., produced tires with the 
markings required by 49 CFR Sec. 571.119 S6.5 (f) and (g) marked only 
on one side of the tire. Additionally, on the same side of the tire as 
the missing information, the word ``Radial'' as required by S6.5(i) 
appears above the maximum section width instead of between the maximum 
section width and the bead. However, all marking on the opposite side 
of the tire meets the requirements of S6.5. Furthermore, all 
performance requirements of FMVSS #119 are met or exceeded.
    ``Approximately 1,041 LT245/75R16 Uniroyal Laredo LTL LR E tires 
were produced without the aforementioned information on one sidewall of 
the tire. Of this total, as many as 559 were shipped to an Original 
Equipment Vehicle Manufacturer or to the replacement market. The 
remaining 482 tires have been isolated in our warehouses and will be 
brought into full compliance with the marking requirements of FMVSS 
#119 or scrapped.''
    Michelin supported its application for inconsequential 
noncompliance with the following:
    ``[Michelin] does not believe that this minor error on the one tire 
sidewall will impact motor vehicle safety:
    ``1. The marking of number and composition of ply cord material 
required by S6.5(f) is contained on one side of the tire instead of 
both sides. When previously granting a petition for inconsequential 
noncompliance (see e.g., Bridgestone, IP82-8, 47 FR 51269, November 12, 
1982) NHTSA has concluded that ``...the number of plies, and the 
composition of the ply material had an inconsequential relationship to 
motor vehicle safety...'' and has stated that ``...the failure to state 
the number of plies and composition of ply material is an informational 
failure and does not affect the ability of the tires to meet the 
performance requirements....''
    ``2. The absence of the word ``tubeless'' on one tire sidewall (as 
required by S6.5(g) for both sidewalls) will not impact motor vehicle 
safety since it is merely an informational failure on one sidewall and 
does not impact tire performance. The tires in question are only 
produced in a ``tubeless'' configuration. However, should these tires 
be mounted with a tube, performance of the tires would be perfectly 
satisfactory.
    ``3. The word ``radial'' on one sidewall of the tire appears above 
the maximum section width instead of between the bead and maximum 
section width. Again, this does not affect the ability of the tire to 
perform. Additionally, the ``R'' located in the size designation LT245/
75R16 which is marked between the bead and sidewall is recognized by 
the International Standards Organization, the Tire and Rim Association, 
the Rubber Manufacturers Association and others, including the general 
public, as being the standard designation for a radial tire. Thus it 
would be obvious to anyone looking at either sidewall of this tire that 
it was indeed a radial tire.''
    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: December 23, 1996.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: November 18, 1996.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-29949 Filed 11-21-96; 8:45 am]
BILLING CODE 4910-59-P