[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Notices]
[Pages 59235-59236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25960]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-16114; Notice 1]


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

    Michelin North America, Inc. (MNA) has determined that 
approximately 31,266 Michelin Pilot Sport/Alpin tires have been 
imported into the United States with sidewall markings that did not 
meet the labeling requirements of 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.'' A copy of the petition 
may be found in this docket.
    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.
    The affected tires whose sidewalls labeling includes a maximum psi 
inflation pressure marking which rounds from the metric value to the 
nearest whole number (in this case down), rather than rounding up to 
the next higher whole number as specified by FMVSS No. 109 S4.3.4 (a). 
The tires in question meet or exceed all other requirements of FMVSS 
109. The regulations applicable to 340 kPa tires require that the psi 
units be rounded ``to the next higher whole number'' even when the 
nearest whole number, and most accurate rounding, would require 
rounding down than up. The correct maximum inflation pressure required 
by FMVSS No. 109 for these tires is: ``340 kPa (50 psi).'' The 
noncompliant tires were incorrectly marked: ``340 kPa (49 psi).'' The 
actual conversion of 340 kPa to psi units yields 49.35 psi before 
rounding to whole numbers (340 kPa divided by a conversion factor of 
6.895 equals 49.35 psi).
    MNA states that this noncompliance will have no impact on either 
the performance of the tire on a motor vehicle, or on motor vehicle 
safety itself. MNA argues that the National Highway Traffic Safety 
Administration (NHTSA) has recently studied the impact of tire labeling 
information on safety in the context of its rulemaking efforts under 
the Transportation Recall Enhancement, Accountability and Documentation 
(TREAD) Act. This analysis found that sidewall maximum inflation 
pressure labeling is poorly understood by the general public, and 
indicated that those consumers that are aware of sidewall maximum 
inflation pressure labeling commonly misuse this information. A number 
of commenters on both the Advanced Notice of Proposed Rulemaking and 
the Notice of Proposed Rulemaking for Tire labeling recommended that 
the maximum inflation pressure labeling be removed from the sidewall 
because of its limited safety value and its propensity to confuse 
consumers. NHTSA ultimately decided to retain maximum inflation 
pressure labeling requirements as an aid in preventing over-inflation. 
The mislabeling issue in this case will in no way contribute to the 
risk of over-inflation because the value actually marked is lower than 
the value required by the regulations.
    Also, MNA believes that, this mislabeling is clearly 
inconsequential with respect to safety for all of the following stated 
reasons: (1) The noncompliance is one solely of rounding to the nearest 
whole number and labeling; (2) The actual labeling is one psi less than 
that required by the regulation; (3) Rounding 49.35 psi to 49 psi, the 
nearest whole number, is more accurate in this case than rounding to 
the next higher whole number (50) as required by the regulations; (4) 
All performance requirements of FMVSS No. 109 are met or exceeded; (5) 
These tires are marked with the correct metric maximum inflation 
pressure (as allowed by FMVSS No. 109 and as shown on pages 1-32 of the 
2003 Tire and Rim Association yearbook); (6) Use of the sidewall label 
as a source of information for the maximum inflation pressure will not 
increase the risk of over-inflation of the tire because the actual 
value is lower than both the actual maximum inflation pressure (by 0.35 
psi) and lower than the 50 psi value required for these tires by the 
regulations; (7) Incorrect use of the sidewall label maximum inflation 
pressure as a source of information for the recommended inflation 
pressure will not result in an overloading of the tires or reduce the 
load capacity of the tires because the 49 psi conversion still remains 
8 psi greater than that required to carry the maximum load for these 
tires. In fact, 340 kPa (50psi) is the higher of two alternative 
choices for the maximum inflation pressure provided for this tire's 
load rating per The Tire and Rim Association yearbook. Consequently, 
MNA believes that the foregoing noncompliance will have an

[[Page 59236]]

inconsequential impact on motor vehicle safety.
    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, 20590-0001. 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 Rulemaking 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 a.m. to 5 
p.m. except Federal Holidays. Comments may be submitted electronically 
by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ``Help'' to obtain instructions for filing the 
document electronically.
    The application and supporting materials and all comments received 
before the close of business on the closing date indicated below will 
be considered. 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: November 13, 2003.

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

    Issued on: October 7, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-25960 Filed 10-10-03; 8:45 am]
BILLING CODE 4910-59-P