[Federal Register Volume 67, Number 7 (Thursday, January 10, 2002)]
[Notices]
[Pages 1399-1400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-656]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-10312; Notice 2]


Michelin North America, Inc.; Grant of Application for Decision 
That Noncompliance Is Inconsequential to Motor Vehicle Safety

    Michelin North America, Inc., (Michelin), determined that 
approximately 173,800 205/55R16 Michelin Energy MXV4+ tires do not meet 
the labeling requirements mandated by Federal Motor Vehicle Safety 
Standard (FMVSS) No. 109, ``New Pneumatic Tires.'' FMVSS No. 109 
requires that each tire shall have permanently molded into or onto both 
sidewalls the generic name of each cord material used in the plies of 
the tire (S4.3 (d)).
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Michelin has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.''
    Notice of receipt of the application was published, with a 30-day 
comment period, on August 9, 2001, in the Federal Register (66 FR 
41931). NHTSA received no comments on this application. During the 
period of the 4th week of 2000 through the 9th week of 2001, the 
subject tires were produced and cured with the erroneous marking. 
Instead of the required marking of:

[[Page 1400]]

Tread Plies - 2 Polyester + 2 Steel + 1 Polyamide, Sidewall Plies - 2 
polyester, the tires were marked: Tread Plies - 2 Rayon + 2 Steel + 1 
Polyamide, Sidewall Plies - 2 Rayon. Of the total, approximately 
162,500 tires may have been delivered to customers. The remaining tires 
have been identified in Michelin's warehouse.
    Michelin stated that these tires meet or exceed all FMVSS No. 109 
performance requirements and, therefore, this noncompliance is 
inconsequential as it relates to motor vehicle safety.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act of November 2000 required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response to Section 11 of the TREAD Act, the agency 
published an Advance Notice of Proposed Rulemaking (ANPRM) in the 
Federal Register on December 1, 2000 (65 FR 75222). The agency received 
more than 20 comments addressing the ANPRM, which sought comments on 
the tire labeling information required by 49 CFR 571.109 and 571.119, 
part 567, part 574, and part 575. Most of the comments were from motor 
vehicle and tire manufacturers, although several private citizens and 
consumer interest organizations responded to the ANPRM. With regard to 
the tire construction (number of plies and type of ply cord material in 
the tread and sidewall) labeling requirements of FMVSS 109, paragraphs 
S4.3 (d) and (e), most comments indicated that the information was of 
little or no safety value to consumers. However, the tire construction 
information is valuable to the tire re-treading, repair, and recycling 
industries, according to several trade groups representing tire 
manufacturing. The International Tire and Rubber Association, Inc., 
(ITRA) indicated that the tire construction information is used by tire 
technicians to determine the steel content of a tire so that proper 
retread, repair, and recycling procedures can be selected.
    In addition to the written comments solicited by the ANPRM, the 
agency conducted a series of focus groups, as required by the TREAD 
Act, to examine consumer perception and understanding of tire labeling. 
Few of the focus group participants had knowledge of tire label 
information beyond the tire brand name, tire size, and tire pressure.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we believe that it is likely that few 
consumers are influenced by the tire construction information (i.e., 
the number of plies and cord material in the sidewall and tread plies) 
provided on the tire label when deciding to buy a motor vehicle or 
tire. However, the tire repair, retread, and recycling industries use 
the tire construction information.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety in this case is the effect of the noncompliance on 
the operational safety of vehicles on which these tires are mounted. 
The safety of people working in the tire retread, repair, and recycling 
industries must also be considered. Although tire construction affects 
the strength and durability, neither the agency nor the tire industry 
provides information relating tire strength and durability to the 
number of plies and types of ply cord material in the tread and 
sidewall. Therefore, tire dealers and customers should consider the 
tire construction information along with other information such as the 
load capacity, maximum inflation pressure, and tread wear, temperature, 
and traction ratings, to assess performance capabilities of various 
tires. In the agency's judgment, specifying rayon instead of polyester 
for tire construction will have an inconsequential effect on motor 
vehicle safety because most consumers do not base tire purchases or 
vehicle operation parameters on tire construction information. The 
agency also believes the noncompliance will have no measurable effect 
on the safety of the tire retread, repair, and recycling industries. 
The use of steel cord construction in the sidewall and tread is the 
primary safety concern of these industries, according to ITRA. In this 
case, the fact that steel is used in the tread construction of the 
tires appears on the sidewalls. In consideration of the foregoing, 
NHTSA has decided that the applicant has met the burden of persuasion 
and that the noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Michelin's application is granted and the applicant is 
exempted from providing the notification of the noncompliance that 
would be required by 49 U.S.C. 30118, and from remedying the 
noncompliance, as would be required by 49 U.S.C. 30120.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: January 4, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-656 Filed 1-9-02; 8:45 am]
BILLING CODE 4910-59-P