Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62511

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration.

[FR Doc. 04–23895 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–18556; Notice 2] 

General Motors Corporation, Mootness 

of Petition for Decision of 

Inconsequential Noncompliance 

General Motors Corporation (GM) has 

determined that certain 2004 model year 

Saab 9–3 Sport Sedans and Convertibles 

do not comply with S4.2(b) of 49 CFR 

571.114, Federal Motor Vehicle Safety 

Standard (FMVSS) No. 114, ‘‘Theft 

protection.’’ Pursuant to 49 U.S.C. 

30118(d) and 30120(h), GM 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 July 14, 2004, in the Federal 

Register (69 FR 42240). NHTSA 

received one comment. 

Out of a population of approximately 

4032 model year 2004 Saab 9–3 Sport 

Sedans and Convertibles equipped with 

a manual transmission, approximately 

11 are affected. S4.2(b) of FMVSS No. 

114 requires that ‘‘[e]ach vehicle shall 

have a key-locking system which, 

whenever the key is removed, prevents 

either steering or forward self-mobility 

of the vehicle or both.’’ The affected 

vehicles were produced with an ignition 

key locking system that contains a 

center spring plate switch that can bind 

in the closed position. This switch 

communicates to certain vehicle 

systems that the ignition key has been 

inserted or removed. When this switch 

binds in the closed position, certain 

systems will read that the ignition key 

is still in the ignition switch, even after 

ignition key removal. One of the 

systems using the input from this switch 

is the electronic steering column lock to 

meet the S4.2 requirement of FMVSS 

No. 114. If a vehicle has the 

aforementioned condition, the steering 

column will not lock upon ignition key 

removal. 

However, all Saab 9–3 vehicles are 

equipped with an electronic engine 

immobilizer system that prevents engine 

operation in the absence of the vehicle’s 

ignition key from the ignition switch 

module. The immobilizer remains fully 

operational on vehicles with the 

aforementioned condition present. 

Although a vehicle could be steered 

with this condition, the engine could 

not be started, even through hot-wiring 

or other vehicle manipulation. The one 

comment to the Federal Register notice 

was from a private individual and did 

not address the specific issue 

concerning S4.2(b). 

NHTSA has determined that the 

vehicles in question are in compliance 

with the requirements of S4.2(b) 

because the electronic engine 

immobilizer system prevents vehicle 

forward self-mobility when the key is 

not in the ignition switch module. 

Therefore, this petition is moot.

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at CFR 1.50 and 

501.8.

Issued on: October 20, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–23874 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2004–18972; Notice 2] 

Michelin North America, Inc., Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

Michelin North America, Inc. 

(Michelin) has determined that the 

sidewall markings on certain tires that 

it manufactured in 2000 through 2003 

do not comply with S4.2.1(c) 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 September 14, 2004, in the 

Federal Register (69 FR 55492). NHTSA 

received one comment. 

A total of approximately 60,729 

Michelin Symmetry P195/60R15 87S 

tires manufactured during 8/29/00 to 

10/19/03 and approximately 12,633 

Michelin Symmetry P205/60R15 90S 

tires manufacturing during 8/6/00 to 9/

22/00 and 7/27/03 to 8/23/03 are 

affected. S4.2.1 of FMVSS No. 109 

requires that each tire shall conform to 

the requirement that ‘‘(c) Its load rating 

shall be that specified in * * * one of 

the publications described in S4.4.1(b).’’

The sidewall markings on the affected 

tires do not comply with S4.2.1(c) 

because the sidewall markings 

understate the actual carrying capacity 

of the tires. The Max Load value 

indicated is less than the actual load 

carry capability of the tires at the 

marked air pressure value of 240 kPa (35 

psi). The P195/60R15 tires are 

incorrectly marked MAX LOAD 470 kg 

(1036 Lbs) and should have been 

marked Max Load 540 kg (1190 Lbs). 

The P205/60R15 tires are incorrectly 

marked MAX LOAD 510 kg (1124 Lbs) 

and should have been marked Max Load 

590 kg (1301 Lbs). 

Michelin believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Michelin 

stated that at the indicated maximum 

pressure value of 35 psi the P195/60R15 

tire will carry an extra 151 pounds per 

tire and the P205/60R15 tire will carry 

an additional 177 pounds per tire, thus 

consumers relying upon the carrying 

capacity values marked on the tires will 

put less load on the tires than they are 

capable of carrying. Michelin further 

stated that all of the performance 

requirements of FMVSS No. 109 are met 

or exceeded, and the tires are marked 

with the correct maximum pressure 

value of 35 psi. 

NHTSA received one comment on the 

petition from a private individual that 

did not address the effect on motor 

vehicle safety of this noncompliance. 

NHTSA agrees that the 

noncompliance is inconsequential to 

motor vehicle safety. At the indicated 

maximum pressure value, the tire will 

carry an additional load, therefore there 

is no likelihood of creating an unsafe 

condition. In addition, all FMVSS No. 

109 performance requirements are met, 

and all other informational markings as 

required by FMVSS No. 109 are present. 

Michelin has corrected the problem. 

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.