[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Notices]
[Pages 9113-9114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4637]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-14467; Notice 1]


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

    Michelin North America, Inc., (MNA) has determined that 
approximately 504 size P225/55R17 BFGoodrich Comp T/A VR4 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), MNA 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.

[[Page 9114]]

    The noncompliance with S4.3(e) relates to the sidewall markings. 
MNA's Ardmore, Oklahoma plant produced approximately 504 tires with 
incorrect markings during the period from October 3, 2002, through 
October 5, 2002. The noncompliant tires were marked: ``Tread Plies: 1 
Polyester + 2 Steel + 1 Nylon, Sidewall Plies: 1 Polyester.'' The 
correct marking required by FMVSS No. 109 is as follows: ``Tread Plies: 
2 Polyester + 2 Steel + 1 Nylon, Sidewall Plies: 2 Polyester.''
    MNA stated that the noncompliant tires were actually constructed 
with more polyester sidewall plies than indicated on the sidewall 
marking (2 polyester plies rather than the 1 indicated). Therefore, 
this noncompliance is particularly unlikely to have an adverse affect 
on motor vehicle safety and is clearly inconsequential in that regard. 
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: March 31, 2003.

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


    Issued on: February 20, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-4637 Filed 2-26-03; 8:45 am]
BILLING CODE 4910-59-P