[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12778-12779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5035]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-14467; Notice 2]


Michelin North America, Inc., Grant of Application for Decision 
That a Noncompliance Is Inconsequential to Motor Vehicle Safety

    Michelin North America, Inc., (MNA) has determined that 
approximately 504 size P225/55R17 BFGoodrich Comp T/A VR4 tires do not 
meet the labeling requirements mandated by Federal Motor Vehicle Safety 
Standard (FMVSS) No. 109, ``New Pneumatic Tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), MNA 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 application was published, with a 30-day comment period, on 
February 27, 2003, in the Federal Register (68 FR 9113). NHTSA received 
no comment on this application.
    FMVSS No. 109 (S4.3(e)) requires that each tire shall have 
permanently molded into or onto both sidewalls the actual number of 
plies in the sidewall, and the actual number of plies in the tread area 
if different.
    The noncompliance with S4.3 (e) relates to the sidewall markings. 
MNA's Ardmore, Oklahoma plant produced approximately 504 tires with 
incorrect markings during the period from October 3, 2002, through 
October 5, 2002. The noncompliant tires were marked: ``Tread Plies: 1 
Polyester + 2 Steel + 1 Nylon, Sidewall Plies: 1 Polyester.'' The 
correct marking required by FMVSS No. 109 is as follows: ``Tread Plies: 
2 Polyester + 2 Steel + 1 Nylon, Sidewall Plies: 2 Polyester.''

[[Page 12779]]

    MNA stated that the noncompliant tires were actually constructed 
with more polyester sidewall plies than indicated on the sidewall 
marking (2 polyester plies rather than the 1 indicated). Therefore, 
this noncompliance is particularly unlikely to have an adverse effect 
on motor vehicle safety and is clearly inconsequential in that regard. 
The noncompliant tires meet or exceed all performance requirements of 
FMVSS No. 109 and will have no impact on the operational safety of 
vehicles on which these tires are mounted.
    NHTSA strongly considers that the true measure of 
inconsequentiality to motor vehicle safety, in this case, is the effect 
of the noncompliance on the operational safety of vehicles on which 
these tires are mounted. NHTSA published a relevant ANPRM in the 
Federal Register on December 1, 2000 (65 FR 75222). Most comments 
expressed the opinion that the tire construction information label 
(number of plies and type of ply cord material in the sidewall and 
tread) is of little or no safety value to consumers and that most 
consumers do not even understand tire construction technology.
    In this situation, MNA has incorrect sidewall markings on 
approximately 504 tires produced at their Oklahoma Plant. Except for 
the incorrect sidewall plies marking that indicated that the tire was 
constructed, with 1 polyester plie when in actuality it was constructed 
with 2 polyester plies, the tires are fabricated in accordance with 
FMVSS No. 109. All other labeling information, such as the tire size 
and load rating were accurately provided on the tires. Additionally, 
this labeling noncompliance has no effect on the safety performance of 
the subject tires. In fact, tires with 2 polyester plies are 
``typically more robust'' than 1 polyester ply.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, its application 
is granted and the applicant is exempted from providing the 
notification of the noncompliance as required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

    Authority: (49 U.S.C. 301118, 301120; delegations of authority 
at 49 CFR 1.50 and 501.8)

    Issued on: March 9, 2005.
H. Keith Brewer,
Director, Office of Crash Avoidance Standards.
[FR Doc. 05-5035 Filed 3-14-05; 8:45 am]
BILLING CODE 4910-59-P