[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Notices]
[Pages 72026-72027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30522]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13895; Notice 1]


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

    Michelin North America, Inc., (Michelin) has determined that 
approximately 750 size 215/55R16 Energy MXV4 Plus tires do not meet the 
labeling requirements mandated by Federal Motor Vehicle Safety Standard 
(FMVSS) No. 109, ``New Pneumatic Tires.''
    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.''
    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. 109 (S4.3(e)) requires that each tire shall have 
permanently molded into or onto both sidewalls the actual number of 
plies in the sidewall, and the actual number of plies in the tread area 
if different.
    The noncompliance with S4.3(e) relates to the sidewall markings. 
Michelin's Ardmore, Oklahoma plant produced approximately 750 tires 
with incorrect markings during the period from March 13, 2002, through 
March 27, 2002. The tires were marked: ``Tread Plies: 1 Polyester + 2 
Steel + 1 Polyamide, Sidewall Plies: 1 Polyester.''

[[Page 72027]]

The correct marking required by FMVSS No. 109 is as follows: ``Tread 
Plies: 2 Polyester + 2 Steel + 1 Polyamide, Sidewall Plies: 2 
Polyester.
    ``Michelin stated that the noncompliant tires were actually 
constructed with more sidewall and tread plies than indicated on the 
sidewall marking (2 tread and sidewall plies rather than 1). Therefore, 
this noncompliance is particularly unlikely to have an adverse safety 
impact and is clearly inconsequential to motor vehicle safety. The 
noncompliant tires meet or exceed all performance requirements of FMVSS 
No. 109 and will have no impact on the operational performance or 
safety of vehicles on which these tires are mounted.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590. It is requested that two 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: January 2, 2003.

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

    Issued on: November 26, 2002.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 02-30522 Filed 12-2-02; 8:45 am]
BILLING CODE 4910-59-P