[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Notices]
[Pages 44078-44079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16840]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-17903; Notice 2]


Kumho Tire Co., Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

    Kumho Tire Co, Inc. (Kumho) has determined that certain tires it 
produced in 2003 and 2004 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), 
Kumho Tire 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 May 25, 2004, in the Federal Register (69 FR 
29781). NHTSA received no comments.
    A total of approximately 2656 tires are involved. These include 324 
size 255/50R17 tires and 2332 size 255/45R17 tires. The tires are 
marked ``Tread: Rayon 2 + Steel 2 + Nylon 2, Sidewall: Rayon 2,'' when 
the correct stamping would be ``Tread: Polyester 2 + Steel 2 + Nylon 2, 
Sidewall: Polyester 2.'' 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.''
    Kumho stated that it uses rayon and polyester body ply construction 
to meet the preferences of the North American and European markets, and 
that rayon is popular in the European market while polyester is more 
popular in the North American market. Kumho explained that for sizes 
sold in both markets, either material may be used, and the two sizes 
which are the subject of this petition have North American construction 
and European stamping.
    Kumho stated that the tires meet or exceed all performance 
requirements of FMVSS No. 109 and will have no impact on the 
operational performance or safety of vehicles on which these tires

[[Page 44079]]

are mounted. Therefore, Kumho believes that the noncompliance is 
inconsequential to motor vehicle safety and that no corrective action 
is warranted.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Public Law 106-414) required, among other 
things, 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 required by 49 CFR sections 571.109 and 119, part 567, part 
574, and part 575. 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.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we have concluded that it is likely that few 
consumers have been influenced by the tire construction information 
(number of plies and cord material in the sidewall and tread plies) 
provided on the tire label when deciding to buy a motor vehicle or 
tire.
    Therefore, the agency agrees with Kumho's statement that the 
incorrect markings in this case do not present a serious safety 
concern.\1\ There is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted. 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 the number of plies in the tire. In addition, the tires 
are certified to meet all the performance requirements of FMVSS No. 109 
and all other informational markings as required by FMVSS No. 109 are 
present. Kumho has corrected the problem.
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    \1\ This decision is limited to its specific facts. As some 
commenters on the ANPRM noted, the existence of steel in a tire's 
sidewall can be relevant to the manner in which it should be 
repaired or retreaded.
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    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, 
Kumho'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).

    Issued on: July 15, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-16840 Filed 7-22-04; 8:45 am]
BILLING CODE 4910-59-P