[Federal Register Volume 68, Number 178 (Monday, September 15, 2003)]
[Notices]
[Page 54047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23415]



[[Page 54047]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-15819; Notice 1]


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

    Mitsubishi Motors North America, Inc. (MMNA) has determined that 
approximately 25,832 vehicles equipped with new pneumatic tires failed 
to comply with certain provisions mandated by Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110, ``Tire selection and rims'', regarding 
the vehicle normal load.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), MMNA 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.
    Mitsubishi Motors Sales Caribbean, Inc., and DaimlerChrysler 
Corporation (at that time, Chrysler Corporation) imported and 
distributed approximately 25,832 vehicles (Mitsubishi Mirages and Eagle 
Summit passenger vans), during the periods of September 22, 1994, 
through May 9, 1996. FMVSS No. 110, ``Tire selection and rims,'' 
S4.2.2, mandates that the vehicle's normal load on each tire must not 
exceed the test load for the high speed performance test as specified 
in FMVSS No. 109, ``New pneumatic tires,'' paragraph S5.5. Paragraph 
S5.5.1 requires that the tire and wheel assembly be pressed against the 
test wheel, with a load of 88 percent of the tire's maximum load rating 
as marked on the tire sidewall.
    As requested by MMNA, the affected vehicles, when loaded at the 
vehicle normal load slightly, exceed 88 percent of the maximum load 
rating. Specifically, the vehicle's normal load exceeds 88 percent of 
the maximum load rating by approximately 12kg, which means that the 
normal load is 89.5 percent of the maximum load rating. The 
noncompliance resulted from a running change during the 1995 model year 
that added a three-speed automatic transmission that increased the curb 
weight by 15kg. FMVSS No. 110 requires that the vehicle's normal load 
on each tire must not be greater than the high speed performance test 
load, which is 88 percent of the maximum load rating as stated on the 
tire sidewall. Compliance with FMVSS No. 110, S4.2.2, was calculated, 
by MMNA, based on the original curb weight (without the three-speed 
transmission) at the vehicle normal load.
    MMNA does not believe that the foregoing noncompliance will 
adversely impact motor vehicle safety. MMNA argues that the tires 
exceed the FMVSS No. 109 high-speed performance requirements ``even at 
loading conditions significantly above the maximum normal vehicle 
load.''
    Interested persons are invited to submit written views, arguments, 
and data on the application described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods: Mail: Docket Management 
Facility; U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street SW., Washington, DC 20590-001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street SW., Washington, DC. Fax: 1-202-493-2251, or submit to Federal 
eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    It is requested, but not required, that two copies of the comments 
be provided. The Docket Section is open on weekdays from 10 am to 5 pm 
except Federal Holidays. Comments may be submitted electronically by 
logging onto the Docket Management System website at http://dms.dot.gov. Click on ``Help'' to obtain instructions for filing the 
document electronically.
    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: October 15, 2003.

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

    Issued on: September 8, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-23415 Filed 9-12-03; 8:45 am]
BILLING CODE 4910-59-P