[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57645-57646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19667]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-22554; Notice 1]


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

    Michelin North America, Inc. (Michelin) has determined that certain 
tires it produced in 2005 do not comply with S4.3(d) and S4.3(e) 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.
    Michelin produced approximately 9,816 BFGoodrich Radial T/A tires 
during the period from February 20, 2005 through April 7, 2005 that do 
not comply with FMVSS No. 109, S4.3(d) and S4.3(e). S4.3 of FMVSS No. 
109 requires that ``each tire shall have permanently molded into or 
onto both sidewalls * * * (d) The generic name of each cord material 
used in the plies * * * of the tire'' and ``(e) Actual number of plies 
in the sidewall, and the actual number of plies in the tread area if 
different.'' The noncompliant tires

[[Page 57646]]

were marked ``tread plies 2 polyester + 2 steel; sidewall plies 2 
polyester + 1 nylon.'' The correct marking should read ``tread plies 2 
polyester + 2 steel + 1 nylon; sidewall plies 2 polyester.''
    Michelin believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Michelin states that NHTSA has consistently found that ply labeling 
noncompliances are inconsequential to motor vehicle safety and has 
consistently granted inconsequential noncompliance petitions on that 
basis. Michelin also states that all load and inflation pressure 
markings are present and the noncompliant tires meet or exceed all of 
the FMVSS No. 109 minimum performance requirements.
    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: November 2, 2005.

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

    Issued on: September 27, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-19667 Filed 9-30-05; 8:45 am]
BILLING CODE 4910-59-P