[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Pages 62511-62512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23875]


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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.


[[Page 62512]]


    Issued on: October 20, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-23875 Filed 10-25-04; 8:45 am]
BILLING CODE 4910-59-P