[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Notices]
[Pages 41569-41570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15653]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-17438; Notice 2]


Pirelli Tire North America, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Pirelli Pneumatici S.p.A has determined that certain tires it 
produced do not comply with S4.3(d) and S4.3(e) 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), Pirelli Tire LLC 
(Pirelli), as agent for Pirelli Pneumatici S.p.A, 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 April 20, 
2004, in the Federal Register (69 FR 21189). NHTSA received no 
comments.
    A total of approximately 190 tires are involved. These are Pzero 
Asimmetrico 275/40ZR18 99Y (F) H405 tires, which Pirelli Pneumatici 
S.p.A produced intermittently during the period January to April, 2003. 
They are marked ``reinforced'' when in fact they are not, and are 
marked as two ply when they are one ply. Paragraph S4.3 of FMVSS No. 
109 requires ``each tire shall have permanently molded into or onto 
both sidewalls * * * (d) The generic name of each cord material used in 
the plies * * * of the tire; and (e) Actual number of plies in the 
sidewall, and the actual number of plies in the tread area if 
different.''
    Pirelli states that the incorrect sidewall inscription does not 
compromise in any way the integrity or the performance characteristics 
of the tires in question and does not constitute any safety-related 
issue. Therefore, Pirelli believes that the noncompliance is 
inconsequential to motor vehicle safety, and that no corrective action 
is warranted.
    With regard to the tires being marked ``reinforced'' when in fact 
they are not, NHTSA has no requirement that a tire be labeled with the 
word ``reinforced'' even when it is designed to accommodate a greater 
load than a standard tire of the same size. Therefore, the agency has 
determined that the petition is moot with regard to this marking.
    With regard to the incorrect ply marking, the agency agrees with 
Pirelli's statement that the marking of the tires as two ply when they 
are one ply does not present a serious safety concern. The 
Transportation Recall, Enhancement, Accountability, and Documentation 
(TREAD) Act (Pub. L. 106-414) required that the agency initiate 
rulemaking to improve tire label information. In response, the agency 
published an Advance Notice of Proposed Rulemaking (ANPRM) in the 
Federal Register on December 1, 2000 (65 FR 75222).
    The agency received more than 20 comments on the tire labeling 
information. With regard to the tire construction labeling requirements 
of FMVSS No. 109, S4.3(d) and (e), most commenters indicated that the 
information was of little or no safety value. In addition, the agency 
conducted a series of focus groups, as required by the TREAD Act, to 
examine consumer perceptions and understanding of tire labeling. Few of 
the focus group participants had knowledge of tire labeling beyond the 
tire brand name, tire size, and tire pressure. Therefore, in the 
agency's judgment, the noncompliance will have an inconsequential 
effect on the operational safety of vehicles on which these tires are 
mounted. In addition, the tires are certified to meet all the 
performance requirements of FMVSS No. 109. Pirelli has corrected the 
problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that

[[Page 41570]]

the noncompliance described is inconsequential to motor vehicle safety. 
Accordingly, Pirelli'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 
49 CFR 1.50 and 501.8.

    Issued on: July 6, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15653 Filed 7-8-04; 8:45 am]
BILLING CODE 4910-59-U