[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Notices]
[Pages 71222-71223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31392]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-16699; Notice 1]


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

    Michelin North America, Inc. (Michelin), has determined that 
certain tires it manufactured do not comply with S4.3(d) of 49 CFR 
571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New 
pneumatic tires.'' Michelin has filed an appropriate report pursuant to 
49 CFR Part 573, ``Defect and Noncompliance Reports.''

[[Page 71223]]

    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Michelin has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Michelin's petition 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 petition.
    Michelin produced approximately 8,568 Michelin Pilot XGT H4 tires, 
size P195/65R15, whose sidewall labeling, on one side of the tire only, 
incorrectly describes the generic name of the cord material in one of 
the plies in the tread area. These tires were marked on one side 
indicating the Polyamide ply in the tread area is composed of 
Polyamide/Steel while they are actually composed of Polyamide only. 
Therefore, they do not comply with FMVSS No. 109 S4.3(d), which 
requires that ``each tire shall have permanently molded into or onto 
both sidewalls . . . (d) The generic name of each cord material used in 
the plies (both sidewall and tread area) of the tire.''
    Michelin believes that this noncompliance is inconsequential to 
motor vehicle safety. It asserts that in all other respects, the tires 
meet or exceed the requirements of FMVSS No. 109, including all of the 
performance requirements. It further asserts that the noncompliance 
with S4.3(d) will have no impact on the performance of the tire on a 
motor vehicle, or upon motor vehicle safety.
    Michelin further states:

    The Agency has consistently found that ply labeling 
noncompliances have an inconsequential effect on motor vehicle 
safety, and have regularly granted exemption petitions for similar 
ply labeling non-compliances. See e.g., 67 FR 1399 (January 10, 
2002) finding use of word ``Rayon'' instead of ``Polyester'' 
inconsequential; 66 FR 63090 (December 4, 2001) finding 
understatement of number of plies inconsequential; 66 FR 49254 
(September 26, 2001) finding overstatement of number of plies 
inconsequential; 66 FR 47518 (September 12, 2001) finding 
overstatement of number of plies inconsequential; and 66 FR 41931 
(August 9, 2001) finding overstatement of number of plies 
inconsequential.

    Michelin states that NHTSA recently reviewed the impact of tire 
label information on safety in the context of its rulemaking efforts 
under the Transportation Recall, Enhancement, Accountability and 
Documentation Act, and that the analysis concluded that tire 
construction information is not relied upon by dealers and consumers in 
the purchasing or selling of tires and has an inconsequential impact on 
motor vehicle safety. Michelin says that NHTSA's review included both a 
solicitation of comments on a proposed tire labeling rulemaking, and 
related focus group surveys. According to Michelin, commenters on 
NHTSA's Advanced Notice of Proposed Rulemaking issued on December 1, 
2000 (65 FR 75222) indicated that the tire construction labeling 
requirements of FMVSS No. 109 S4.3(d) and (e) provide little or no 
safety value to the general public since most consumers do not 
understand tire construction technology. Michelin says the consumer 
focus groups found that very few consumers had any knowledge of tire 
information beyond the tire brand name, tire size, and tire pressure 
and did not have information or knowledge on the relationship between 
tire construction specifications and tire durability and strength. 
According to Michelin, NHTSA concluded from these comments and focus 
groups that it is likely that few consumers are influenced by the tire 
construction labeling information when making a motor vehicle or tire 
purchase decision, and that such information is not relied upon by 
consumers in evaluating the strength and durability of tires.
    Interested persons are invited to submit written data, views, and 
arguments on the petition 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. 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. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be considered. All comments and supporting materials received after the 
closing date will also be filed and considered to the extent possible. 
When the petition is granted or denied, a notice of the decision will 
be published in the Federal Register pursuant to the authority 
indicated below.
    Comment closing date: January 21, 2004.

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

Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-31392 Filed 12-19-03; 8:45 am]
BILLING CODE 4910-59-P