[Federal Register: November 23, 2005 (Volume 70, Number 225)]
[Notices]
[Page 70914-70915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no05-159]
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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