[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Notices]
[Page 50507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19551]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-11882; Notice 2]


Michelin North America, Inc., Grant of Application for Decision 
of Inconsequential Noncompliance

    Michelin North America, Inc., (Michelin) has determined that 
approximately 385 275/80 R-22.5 Michelin PXZE TL LRG tires do not meet 
the labeling requirements mandated by Federal Motor Vehicle Safety 
Standard (FMVSS) No. 119, ``New pneumatic tires for vehicles other than 
passenger cars.'' 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 April 2, 2002, in the Federal Register (67 FR 
15672). NHTSA received no comments.
    During the period of the 42nd week through the 44th week of 2001, 
the Kentville, Nova Scotia, Canada plant of Michelin North America 
(Canada) Inc., produced tires where, on one side of the tire, the tire 
inflation pressure information was omitted. This condition does not 
meet the labeling requirements of FMVSS No. 119, S6.5(d) as the 
incorrectly marked tires read:

Max Load Single 2800 kg (6175 lbs) 2800 kg (6175 lbs)
Max Load Dual 2575 kg (5675 lbs) 2575 kg (5675 lbs)

    Instead of:

Max Load Single 2800kg (6175 lbs) at 760 kPa (110 psi) cold
Max Load Dual 2575 kg (5675 lbs) at 760 kPa (110 psi) cold

    Of the 385 noncompliant tires, approximately 283 tires may have 
been delivered to end-users. The remaining tires have been isolated in 
Michelin's warehouses and will be brought into full compliance with the 
requirement of FMVSS No. 119 or scrapped.
    Michelin does not believe that this marking error will impact motor 
vehicle safety because the tires meet all other Federal motor vehicle 
safety performance standards. The routine source of tire inflation 
pressure is not the tire sidewall marking. Typically the proper 
inflation pressures are obtained from the vehicle placard, the vehicle 
owner's manual, or tire industry standards publications. Thus, the 
proper inflation is readily available to the user.
    The agency believes the true measure of inconsequentiality with 
respect to the noncompliance with FMVSS No. 119, paragraph S6.5, is 
whether the consumer can reference the maximum load rating and 
corresponding inflation pressure information for a particular tire. In 
the case of this noncompliance, the information is marked correctly on 
one side of the tire while the opposite side has the maximum load 
stated twice with no corresponding inflation pressure. The consumer can 
determine the recommended inflation by referring to the fully marked 
side of the tire if it is facing outwards or from the other sources 
cited in the preceding paragraph if the fully marked side it is not 
facing outwards.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Michelin's application is hereby granted, and the applicant is exempted 
from the obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: July 30, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-19551 Filed 8-1-02; 8:45 am]
BILLING CODE 4910-59-P