[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60230-60231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16836]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-25981; Notice 1]


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

    Michelin North America, Inc. (Michelin) has determined that certain 
tires that it imported in 2005 and 2006 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.'' 
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.
    Affected are a total of approximately 6,189 11R24.5 Load Range H 
BFGoodrich DR444 tires produced between November 20, 2005 and July 22, 
2006. S6.5(d) of FMVSS No. 119 requires that each tire shall be marked 
on each sidewall with ``[t]he maximum load rating and corresponding 
inflation pressure of the tire * * *.'' The sidewall labeling on the 
subject tires incorrectly states the maximum dual load carrying 
capacity. They are incorrectly marked ``Max load dual 3075 kg (6780 
lbs) at 830 kPa (120 psi).'' They should have been marked ``Max load 
dual 3000 kg (6610 lbs) at 830 kPa (120 psi).'' The tires are correctly 
marked for the maximum single load carrying capacity. Michelin has 
corrected the problem that caused these errors so that they will not be 
repeated in future production.
    Michelin believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Michelin states,

    When 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. Therefore, an incorrect maximum dual load marking is 
inconsequential and [the] tire meets all FMVSS No. 119 minimum 
performance requirements.

    Michelin cites NHTSA's grant of a previous inconsequential 
noncompliance petition it submitted for a similar maximum dual load 
noncompliance (69 FR 62512), where NHTSA stated,

    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 says that the tires meet or exceed all other FMVSS No. 119 
requirements.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. 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

[[Page 60231]]

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 13, 2006.

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

    Issued on: October 5, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-16836 Filed 10-11-06; 8:45 am]
BILLING CODE 4910-59-P