[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Notices]
[Page 55492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20627]



[[Page 55492]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18972; 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 2000 through 
2003 do not comply with S4.2.1(c) of 49 CFR 571.109, Federal Motor 
Vehicle Safety Standard (FMVSS) No. 109, ``New pneumatic tires.'' 
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 60,729 Michelin Symmetry P195/60R15 87S 
tires manufactured during 8/29/00 to 10/19/03 and approximately 12,633 
Michelin Symmetry P205/60R15 90S tires manufacturing during 8/6/00 to 
9/22/00 and 7/27/03 to 8/23/03 are affected. S4.2.1 of FMVSS No. 109 
requires that each tire shall conform to the requirement that ``(c) Its 
load rating shall be that specified in * * * one of the publications 
described in S4.4.1(b).''
    The sidewall markings on the affected tires do not comply with 
S4.2.1(c) because the sidewall markings understate the actual carrying 
capacity of the tires. The Max Load value indicated is less than the 
actual load carry capability of the tires at the marked air pressure 
value of 240 kPa (35 psi). The P195/60R15 tires are incorrectly marked 
MAX LOAD 470 kg (1036 Lbs) and should have been marked Max Load 540 kg 
(1190 Lbs). The P205/60R15 tires are incorrectly marked MAX LOAD 510 kg 
(1124 Lbs) and should have been marked Max Load 590 kg (1301 Lbs).
    Michelin believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Michelin states that at the indicated maximum pressure value of 35 psi 
the P195/60R15 tire will carry an extra 151 pounds per tire and the 
P205/60R15 tire will carry an additional 177 pounds per tire, thus 
consumers relying upon the carrying capacity values marked on the tires 
will put less load on the tires than they are capable of carrying. 
Michelin further states that all of the performance requirements of 
FMVSS No. 109 are met or exceeded, and the tires are marked with the 
correct maximum pressure value of 35 psi. Michelin says:

    The agency has previously concluded that this type of marking 
noncompliance does not have a negative impact on motor vehicle 
safety. In its granting of inconsequential status to a petition for 
a similar understated load capacity marking noncompliance, See, 
e.g., 66 FR 222 (November 16, 2001), the agency determined that, if 
consumers were to rely upon such a labeling, they would put less 
load on the tire than it is capable of carrying, thus presenting no 
safety concern.

    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. 04-20627 Filed 9-13-04; 8:45 am]
BILLING CODE 4910-59-P