62512 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2004–18973; 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 1993 through 2004 

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.’’ 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 55491). NHTSA 

received one comment. 

A total of approximately 97,468 tires 

are affected. This includes 

approximately 68,950 Michelin tires 

consisting of 24,644 LT215/85R16XPS 

Rib; 35,934 LT225/75R16 XPS Rib; 

5,348 LT215/85R16 XPS Traction; and 

3,024 8.75R16.5 XPS Rib tires 

manufactured from May 1, 2003 through 

the week beginning July 12, 2004. It also 

includes 28,518 Michelin 8.75R16.5 

XPS Rib tires manufactured from 

approximately mid-1993 through the 

week beginning July 12, 2004. The 

sidewall load and inflation markings of 

these two groups of tires do not comply 

with S6.5(d), ‘‘Tire markings.’’ S6.5(d) 

requires that each tire shall be marked 

on each sidewall with ‘‘[t]he maximum 

load rating and corresponding inflation 

pressure of the tire’’ in both metric and 

English units. 

The sidewall load and inflation 

markings on the 68,950 tires 

manufactured from May 1, 2003 through 

the week beginning July 12, 2004 are in 

English units only and do not have the 

metric units required by S6.5(d). The 

sidewall load and inflation markings on 

the 28,518 tires manufactured from 

approximately mid-1993 through the 

week beginning July 12, 2004 are 

incorrect for the Max. Load Dual 

category; the tires are marked ‘‘2550 lbs 

at 75 psi’’ when they should be marked 

‘‘2405 lbs at 80 psi.’’

Michelin believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. With 

regard to the tires that are marked in 

English units only, Michelin stated that 

the tires are manufactured for sale in the 

U.S. replacement market where the 

English system is universally 

comprehended, and the maximum load 

expressed in ‘‘lbs.’’ and air pressure 

expressed in ‘‘psi’’ will not confuse U.S. 

vehicle owners, nor result in unsafe use 

of the tires in terms of load or inflation 

values. With regard to the tires that are 

marked with the incorrect Max. Load 

Dual load and inflation, Michelin 

asserted that

‘‘[w]hen 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. 

Accordingly, the incorrect dual load marking 

is inconsequential for this tire. * * * Even at 

the lower, more punishing pressure of 75 psi, 

the tire meets all FMVSS No. 119 minimum 

performance requirements.’’

NHTSA received one comment on this 

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 because the 

maximum load expressed in ‘‘lbs.’’ and 

air pressure expressed in ‘‘psi’’ will not 

confuse U.S. vehicle owners, nor result 

in unsafe use of the tires in terms of load 

or inflation values. 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 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).

Issued on: October 20, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–23876 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2004–18923; Notice 2] 

CCI Manufacturing IL Corporation, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

CCI Manufacturing IL Corporation 

(CCI) has determined that certain brake 

fluid containers manufactured by its 

supplier, Gold Eagle, do not comply 

with S5.2.2.2(d) of 49 CFR 571.116, 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 116, ‘‘Motor vehicle brake 

fluids.’’ Pursuant to 49 U.S.C. 30118(d) 

and 30120(h), CCI 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 August 31, 2004, in the 

Federal Register (69 FR 53130). NHTSA 

received no comments. 

A total of approximately 21,204 units 

of brake fluid containers manufactured 

in March 2004 are affected. S5.2.2.2 of 

FMVSS No. 116 requires that:

Each packager of brake fluid shall furnish 

the information specified in [paragraph d] of 

this S5.2.2.2 by clearly marking it on each 

brake fluid container or on a label (labels) 

permanently affixed to the container * * * 

After being subjected to the operations and 

conditions specified in S6.14, the 

information required by this section shall be 

legible. * * *

The information specified in paragraph 

(d) of S5.2.2.2 is ‘‘[a] serial number 

identifying the package lot and date of 

packaging.’’ With regard to the 

noncompliant brake fluid containers, 

the lot and date codes required by 

S5.2.2.2(d) are not legible after the 

containers are subjected to the test 

conditions of S6.14. 

CCI believes that the noncompliance 

is inconsequential to motor vehicle 

safety and that no corrective action is 

warranted. CCI stated:

NHTSA has identified only one purpose 

for [the lot and date code] marking: namely, 

‘‘to facilitate determination of the extent of 

defective brake fluid should such be 

discovered.’’ * * * While it is clearly in the 

manufacturer’s interest to be able to limit the 

‘‘extent of defective brake fluid should such