[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Page 12197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5742]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-16699; Notice 2]


Michelin North America, Inc., Grant 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.'' 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 petition was published, with a 30 
day comment period, on December 22, 2003, in the Federal Register (68 
FR 71222). NHTSA received no comments.
    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 as 
``Tread plies: 1 polyester + 1 polyamide/steel + 2 steel. Sidewall 
plies: 1 polyester.'' The correct marking is ``Tread plies: 1 polyester 
+ 1 polyamide + 2 steel. Sidewall plies: 1 polyester.'' The like 
marking on the opposite sidewall is correct in all respects. 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.
    The agency agrees with Michelin's statement that the incorrect 
markings do not present a serious safety concern. The agency believes 
that the true measure of inconsequentiality to motor vehicle safety in 
this case is that there is no effect of the noncompliance on the 
operational safety of vehicles on which these tires are mounted.
    Although tire construction affects the strength and durability, 
neither the agency nor the tire industry provides information relating 
tire strength and durability to the number of plies and types of ply 
cord material in the tread and sidewall. Therefore, tire dealers and 
customers should consider the tire construction information along with 
other information such as the load capacity, maximum inflation 
pressure, and tread wear, temperature, and traction ratings, to assess 
performance capabilities of various tires. In the agency's judgment, 
the incorrect labeling of the tire construction information will have 
an inconsequential effect on motor vehicle safety because most 
consumers do not base tire purchases or vehicle operation parameters on 
tire cord material.
    The safety of people working in the tire retread, repair, and 
recycling industries must also be considered. The agency believes the 
noncompliance will have no measurable effect on the safety of the tire 
retread, repair, and recycling industries. The primary safety concern 
of these industries is whether or not steel cord construction is used 
in the sidewall and tread of the tires. In this case, the labeling on 
both sides of the tire correctly indicates that steel is used in the 
construction of the tires.
    In addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 109. Also, the markings on one side of the 
tire are correct. All other informational markings as required by FMVSS 
No. 109 are present. Michelin has corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Michelin's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8.

Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-5742 Filed 3-12-04; 8:45 am]
BILLING CODE 4910-59-P