[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70914-70915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23137]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-22554; Notice 2]


Michelin North America, Inc., Grant 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.'' 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 October 3, 2005 in the Federal Register (70 FR 
57645). NHTSA received no comments.

[[Page 70915]]

    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 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 stated 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 stated 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.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Public Law 106-414) required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response, the agency published an Advance Notice of 
Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000 
(65 FR 75222).
    The agency received more than 20 comments on the tire labeling 
information required by 49 CFR 571.109 and 119, part 567, part 574, and 
part 575. In addition, the agency conducted a series of focus groups, 
as required by the TREAD Act, to examine consumer perceptions and 
understanding of tire labeling. Few of the focus group participants had 
knowledge of tire labeling beyond the tire brand name, tire size, and 
tire pressure.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we have concluded that it is likely that few 
consumers have been influenced by the tire construction information 
(number of plies and cord material in the sidewall and tread plies) 
provided on the tire label when deciding to buy a motor vehicle or 
tire.
    Therefore, the agency agrees with Michelin's statement that the 
incorrect markings in this case do not present a serious safety 
concern.\1\ There is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted. In the agency's 
judgment, the incorrect labeling of the tire construction information 
will have an inconsequential effect on motor vehicle safety. In 
addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 109 and all other informational markings as 
required by FMVSS No. 109 are present. Michelin has corrected the 
problem.
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    \1\ This decision is limited to its specific facts. As some 
commenters on the ANPRM noted, the existence of steel in a tire's 
sidewall can be relevant to the manner in which it should be 
repaired or retreaded.
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    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: November 17, 2005.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. 05-23137 Filed 11-22-05; 8:45 am]
BILLING CODE 4910-59-P