[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Notices]
[Page 6129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1539]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-23170; Notice 2]


Kumho Tire Co., Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

    Kumho Tire Co., Inc. (Kumho) has determined that certain tires that 
it produced in 2005 do not comply with S4.3.4 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), Kumho 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 December 9, 2005, in the Federal Register (70 FR 
73325). NHTSA received one comment.
    Affected are a total of approximately 197,147 temporary spare tires 
produced in February 2005. S4.3.4 of FMVSS No. 109 requires that each 
tire have permanently molded onto the sidewall the maximum inflation 
pressure in kPa followed in parentheses by the equivalent inflation 
pressure in psi, and the maximum load marking in kilograms followed in 
parentheses by the equivalent load rating in pounds. The affected tires 
have the maximum inflation pressure marking only in psi and not in kPa, 
and have reversed the maximum load markings so that the load rating in 
pounds is followed in parentheses by the equivalent load rating in 
kilograms. Kumho has corrected the problem that caused these errors so 
that they will not be repeated in future production.
    Kumho believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Kumho states 
that the noncompliance ``will have no impact on the operational 
performance or safety of vehicles on which the tires are used.'' Kumho 
says that the tires meet or exceed all FMVSS No. 109 performance 
requirements.
    One comment was received from a private individual. The comment 
concerns the danger presented by not having maximum ``load pressures'' 
on a tire. As explained above, the affected tires do have correct 
information on maximum load markings (although the information on 
pounds and kilograms is in reverse order) and maximum inflation 
pressure (although expressed only in psi). Therefore, these tires do 
not present the danger referred to in the comment, and the comment 
provides no basis on which the petition should be denied.
    NHTSA agrees with Kumho that the noncompliance is inconsequential 
to motor vehicle safety. The correct English unit information required 
by FMVSS No. 109 is provided and therefore is likely to achieve the 
safety purposes of the requirement. All other informational markings 
are present, and the tires meet or exceed all of the performance 
requirements of FMVSS No. 109.
    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, 
Kumho'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: January 31, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-1539 Filed 2-3-06; 8:45 am]
BILLING CODE 4910-59-P