[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Notices]
[Page 55491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20626]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18973; Notice 1]


Michelin North America, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Michelin North America, Inc. (Michelin) has determined that the 
sidewall markings on certain tires that it manufactured in 1993 through 
2004 do not comply with S6.5(d) of 49 CFR 571.119, 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.
    A total of approximately 97,468 tires are affected. This includes 
approximately 68,950 Michelin tires consisting of 24,644 LT215/85R16 
XPS Rib; 35,934 LT225/75R16 XPS Rib; 5,348 LT215/85R16 XPS Traction; 
and 3,024 8.75R16.5 XPS Rib tires manufactured from May 1, 2003 through 
the week beginning July 12, 2004. It also includes 28,518 Michelin 
8.75R16.5 XPS Rib tires manufactured from approximately mid-1993 
through the week beginning July 12, 2004. The sidewall load and 
inflation markings of these two groups of tires do not comply with 
S6.5(d), ``Tire markings.'' S6.5(d) requires that each tire shall be 
marked on each sidewall with ``[t]he maximum load rating and 
corresponding inflation pressure of the tire'' in both metric and 
English units.
    The sidewall load and inflation markings on the 68,950 tires 
manufactured from May 1, 2003 through the week beginning July 12, 2004 
are in English units only and do not have the metric units required by 
S6.5(d). The sidewall load and inflation markings on the 28,518 tires 
manufactured from approximately mid-1993 through the week beginning 
July 12, 2004 are incorrect for the Max. Load Dual category; the tires 
are marked ``2550 lbs at 75 psi'' when they should be marked ``2405 lbs 
at 80 psi.''
    Michelin believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. With 
regard to the tires that are marked in English units only, Michelin 
states that the tires are manufactured for sale in the U.S. replacement 
market where the English system is universally comprehended, and the 
maximum load expressed in ``lbs.'' and air pressure expressed in 
``psi'' will not confuse U.S. vehicle owners, nor result in unsafe use 
of the tires in terms of load or inflation values. With regard to the 
tires that are marked with the incorrect Max. Load Dual load and 
inflation, Michelin asserts that

``[w]hen both single and dual loads are marked on the tire (as is 
the case here), FMVSS No. 119 requires that performance compliance 
testing be done based on the single (higher, more punishing) tire 
load. Accordingly, the incorrect dual load marking is 
inconsequential for this tire * * * Even at the lower, more 
punishing pressure of 75 psi, the tire meets all FMVSS No. 119 
minimum performance requirements.''

    Michelin states that these tires meet or exceed all of the 
performance requirements of FMVSS No. 119.
    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 PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-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: October 14, 2004.

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

    Issued on: September 8, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-20626 Filed 9-13-04; 8:45 am]
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