[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Page 62512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23876]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-18973; Notice 2]


Michelin North America, Inc., Grant 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.'' 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 a petition was published, 
with a 30-day comment period, on September 14, 2004, in the Federal 
Register (69 FR 55491). NHTSA received one comment.
    A total of approximately 97,468 tires are affected. This includes 
approximately 68,950 Michelin tires consisting of 24,644 LT215/85R16XPS 
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 
stated 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 asserted 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.''

NHTSA received one comment on this petition from a private individual 
that did not address the effect on motor vehicle safety of this 
noncompliance.
    NHTSA agrees that the noncompliance is inconsequential to motor 
vehicle safety because 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. 
The agency also agrees that safety will not be compromised for the 
tires marked with the incorrect ``max load dual'' since the more severe 
``max load single'' load is marked correctly. In addition, these tires 
meet or exceed all of 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.
    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: October 20, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-23876 Filed 10-25-04; 8:45 am]
BILLING CODE 4910-59-P