[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Page 59755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29123]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-070; Notice 1]


Uniroyal Goodrich Tire Manufacturing; Receipt of Application for 
Decision of Inconsequential Noncompliance

    Uniroyal Goodrich Tire Manufacturing (Uniroyal) of Greenville, 
South Carolina, which is an operating unit of Michelin North America, 
Inc., has determined that some of its tires fail to comply with the 
labeling requirements of 49 CFR Sec. 571.109, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 109, ``New Pneumatic Tires,'' and has filed 
an appropriate report pursuant to 49 CFR part Sec. 573, ``Defect and 
Noncompliance Reports.'' Uniroyal 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 S4.3.5 requires that ``if the maximum 
inflation pressure of a tire is 420 kPa (60 psi), the tire shall have 
permanently molded into or onto both sidewalls, in letters and numerals 
not less than \1/2\ inch high, the words ``Inflate to 60 psi'' or 
``Inflate to 420 kPa (60 psi).''
    From the 30th through the 37th week of 1975, the Uniroyal plant 
located in Woodburn, Indiana, produced approximately 4,800 temporary 
spare tires (T115/70D14 Uniroyal Hideaway tires) with a minor omission 
of the markings required by 49 CFR Sec. 571.109 S4.3.5 on one side of 
the tire. Instead of ``INFLATE TO 60 PSI'' these tires were marked 
``NFLATE TO 60 PSI.'' A total of 2,750 of the 4,800 tires were 
delivered to Original Equipment Manufacturers (OEM) customers, the 
remaining 2,050 have been isolated in Uniroyal's warehouses and will be 
brought into full compliance with the marking requirements of FMVSS No. 
109 or scrapped.
    Uniroyal supports its application for inconsequential noncompliance 
with the following statements:
    1. All performance requirements of FMVSS No. 109 are met or 
exceeded.
    2. The correct marking appears on one side of the tire.
    3. It is reasonable to expect that the consumer will interpret 
``NFLATE TO 60 PSI'' as ``INFLATE TO 60 PSI,'' especially when it is 
used in reference to a pressure of 60 PSI.
    4. The vehicle placard, as required by 49 CFR Sec. 571.110 S4.3, 
[specifies] the proper inflation pressure to use.
    Interested persons are invited to submit written data, views, and 
arguments on the application of Uniroyal 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 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: December 4, 1997.

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

    Issued on: October 29, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-29123 Filed 11-3-97; 8:45 am]
BILLING CODE 4910-59-P