[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Notices]
[Page 40716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15160]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18541; 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 in 2004 do not comply with S6.5(f) of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 119, ``New pneumatic tires 
for vehicles other than passenger cars.'' Michelin has filed an 
appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.''
    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 278 Uniroyal Laredo HD/H Load Range 
D size LT215/85R16 tires during the period from March 30, 2004, to 
April 30, 2004, that do not comply with FMVSS No. 119, S6.5(f). These 
tires were marked ``tread plies: 2 polyester + 2 steel + 1 nylon; 
sidewall plies: 2 polyester.'' They should have been marked ``tread 
plies: 2 polyester + 2 steel; sidewall plies: 2 polyester.''
    S6.5(f) of FMVSS No. 119 requires that each tire shall be marked on 
each sidewall with ``the actual number of plies and the composition of 
the ply cord material in the sidewall and, if different, in the tread 
area.''
    Michelin believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Michelin cites a number of cases in which NHTSA granted exemption 
petitions for similar ply labeling noncompliances, located at 66 FR 
63009 (actually 66 FR 63090) (12/04/2001), 66 FR 49254 (09/26/2001), 66 
FR 47518 (02/12/2001), 66 FR 41931 (08/02/2001), 67 FR 1399 (01/10/
2002), and 69 FR 12195 (03/15/2004). Michelin states:

    The Agency has reviewed the impact of tire label information on 
safety in the context of its rulemaking efforts under the 
Transportation Recall, Enhancement, Accountability and Documentation 
(TREAD) Act. This 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 * * * [Comments on the Agency's NPRM] indicated 
that the tire construction labeling requirements * * * provide 
little or no safety value to the general public since most consumers 
do not understand tire construction technology * * * The Agency 
concluded * * * 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.

    Michelin also states that, because the tire sidewalls are not of 
steel cord construction, but are actually polyester, there is no 
potential safety concern for people working in the tire retread, 
repair, and recycling industries.
    Michelin asserts that the tires meet or exceed all performance 
requirements of FMVSS No. 119, and that the noncompliance has no effect 
on the performance of the tires or motor vehicle safety. Michelin has 
corrected the problem.
    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 Pub. 
L. 401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand 
delivery: Room Pub. L. 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 filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: August 5, 2004.

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

    Issued on: June 28, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15160 Filed 7-2-04; 8:45 am]
BILLING CODE 4910-59-P