[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Notices]
[Page 15483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8411]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3572]


Uniroyal Goodrich Tire Manufacturing; Grant 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 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.'' 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.
    Notice of receipt of the application was published, with a 30-day 
comment period, on November 4, 1997, in the Federal Register (62 FR 
59755). NHTSA received no comments on this application during the 30-
day comment period.
    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 1997, 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 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 four 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 571.110 S4.3, 
[specifies] the proper inflation pressure to use.
    The primary safety purpose of requiring ``INFLATE TO 60 PSI'' on 
this motor vehicle tire is to ensure that the end-user selects the 
appropriate inflation pressure. The absence of this labeling would 
likely result in an improper tire inflation pressure selection by the 
tire dealer or vehicle owner. In this case, Uniroyal stated the correct 
inflation pressure of 60 PSI; however, on one side of the tire, the 
letter ``I'' was omitted from the word ``INFLATE.'' The agency agrees 
with Uniroyal's rationale that 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.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to safety. Accordingly, its application is 
granted, and the applicant is exempted from providing the notification 
of the noncompliance that is required by 49 U.S.C. 30118, and from 
remedying the noncompliance, as required by 49 U.S.C. 30120. (49 U.S.C. 
30118; 49 U.S.C. 30120; delegations of authority at 49 CFR 1.50 and 
501.8).

    Issued on: March 26, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-8411 Filed 3-30-98; 8:45 am]
BILLING CODE 4910-59-P