[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Notices]
[Page 52064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19379]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18451; 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 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.'' 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 July 6, 2004, in the 
Federal Register (69 FR 40716). NHTSA received no comments.
    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 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 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.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Pub. L. 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 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 Michelin'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. 119 
and all other informational markings as required by FMVSS No. 119 are 
present. Michelin 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, 
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)

    Issued on: August 19, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-19379 Filed 8-23-04; 8:45 am]
BILLING CODE 4910-59-P