[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32578-32579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13539]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13895; Notice 2]


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

    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.''
    Notice of receipt of the application was published, with a 30-day 
comment period, on December 3, 2002, in the Federal Register (67 FR 
72026). NHTSA received no comment on this application.
    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.'' The correct marking 
required by FMVSS No. 109 is: ``Tread Plies: 2 Polyester + 2 Steel + 1 
Polyamide, Sidewall Plies: 2 Polyester.''
    The labeling requirements of FMVSS No. 109, New Pneumatic Tires, 
S4.3, paragraphs (d) and (e), mandate that each tire 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. Also, each tire must be labeled with the generic name of 
each cord material used in the sidewall and tread.
    Michelin stated that the noncompliant tires were actually 
constructed with more sidewall and tread plies than indicated on the 
sidewall marking (two tread and sidewall plies rather than one). 
Michelin believes that this noncompliance is particularly unlikely to 
have an adverse impact on motor vehicle safety and is ``clearly'' 
inconsequential to motor vehicle safety. Michelin stated that 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.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Public Law 106-414) required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response, 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 on the tire 
labeling information required by 49 CFR sections 571.109 and 119, part 
567, part

[[Page 32579]]

574, and part 575. With regard to the tire construction labeling 
requirements of FMVSS 109, S4.3, paragraphs (d) and (e), most 
commenters indicated that the information was of little or no safety 
value to consumers. However, according to the comments, when tires are 
processed for retreading or repairing, it is important for the 
retreader or repair technician to understand the make-up of the tires 
and the types of plies. This enables them to select the proper repair 
materials or procedures for retreading or repairing the tires. A steel 
cord radial tire can experience a circumferential or ``zipper'' rupture 
in the upper sidewall when it is operated underinflated or overloaded. 
If information regarding the number of plies and cord material is 
removed from the sidewall, technicians cannot determine if the tire has 
a steel cord sidewall ply. As a result, many light truck tires will be 
inflated outside a restraining device or safety cage where they 
represent a substantial threat to the technician. This information is 
critical when determining if the tire is a candidate for a zipper 
rupture. In this case, since the steel cord construction is properly 
identified on the sidewall, the technician will have sufficient notice.
    In addition, the agency conducted a series of focus groups, as 
required by the TREAD Act, to examine consumer perceptions and 
understanding of tire labeling. Few of the focus group participants had 
knowledge of tire labeling 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 have concluded that it is unlikely that 
the majority of consumers have been influenced by the tire construction 
information (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.
    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. 
This labeling noncompliance has no effect on the performance of the 
subject tires.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, its application 
is granted and the applicant is exempted from providing the 
notification of the noncompliance as required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

    Issued on: May 23, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-13539 Filed 5-29-03; 8:45 am]
BILLING CODE 4910-59-P