[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Notices]
[Page 10620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5717]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-119; Notice 2]


Michelin North America, Inc.; Grant of Application for Decision 
of Inconsequential Noncompliance

    This notice grants the application by Michelin North America, Inc. 
(Michelin) of Greenville, South Carolina, to be exempted from the 
notification and remedy requirements of 49 U.S.C. 30118 and 30120 for a 
noncompliance with 49 CFR 571.119, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 119, ``New Pneumatic Tires for Vehicles Other Than 
Passenger Cars.'' The basis of the petition is that the noncompliance 
is inconsequential to motor vehicle safety.
    Notice of receipt of the application was published on November 22, 
1996, and an opportunity afforded for comment (Vol. 61, No. 227, CFR 
59487).
    Paragraph S6.5, Tire markings, of Standard No. 119, requires that 
tires be marked on each sidewall with specific information. The 
markings shall be placed between the maximum section width (exclusive 
of sidewall decorations or curb ribs) and the bead on at least one 
sidewall, unless the maximum section width of the tire is located in an 
area which is not more than one-fourth of the distance from the bead to 
the shoulder of the tire. If the maximum section width falls within 
that area, the markings shall appear between the bead and a point one-
half the distance from the bead to the shoulder of the tire, on at 
least one sidewall.
    Michelin's description of non-compliance follows:

    ``During the period of the 48th week of 1995 through the 1st 
week of 1996, the Opelika, Alabama, plant of Uniroyal Goodrich Tire 
Manufacturing, a division of Michelin North America, Inc., produced 
tires with the markings required by 49 CFR 571.119 S6.5 (f) and (g) 
marked only on one side of the tire. Additionally, on the same side 
of the tire as the missing information, the word ``Radial'' as 
required by S6.5(i) appears above the maximum section width instead 
of between the maximum section width and the bead. However, all 
marking on the opposite side of the tire meets the requirements of 
S6.5. Furthermore, all performance requirements of FMVSS #119 are 
met or exceeded.
    ``Approximately 1,041 LT245/75R16 Uniroyal Laredo LTL LR E tires 
were produced without the aforementioned information on one sidewall 
of the tire. Of this total, as many as 559 were shipped to an 
Original Equipment Vehicle Manufacturer or to the replacement 
market. The remaining 482 tires have been isolated in our warehouses 
and will be brought into full compliance with the marking 
requirements of FMVSS #119 or scrapped.''

    Michelin supported its application for inconsequential 
noncompliance with the following:

    ``[Michelin] does not believe that this minor error on the one 
tire sidewall will impact motor vehicle safety:
    ``1. The marking of number and composition of ply cord material 
required by S6.5(f) is contained on one side of the tire instead of 
both sides. When previously granting a petition for inconsequential 
noncompliance (see e.g., Bridgestone, IP82-8, 47 FR 51269, November 
12, 1982) NHTSA has concluded that ``. . . the number of plies, and 
the composition of the ply material had an inconsequential 
relationship to motor vehicle safety . . .'' and has stated that ``. 
. . the failure to state the number of plies and composition of ply 
material is an informational failure and does not affect the ability 
of the tires to meet the performance requirements . . . .''
    ``2. The absence of the word ``tubeless'' on one tire sidewall 
(as required by S6.5(g) for both sidewalls) will not impact motor 
vehicle safety since it is merely an informational failure on one 
sidewall and does not impact tire performance. The tires in question 
are only produced in a ``tubeless'' configuration. However, should 
these tires be mounted with a tube, performance of the tires would 
be perfectly satisfactory.
    ``3. The word ``radial'' on one sidewall of the tire appears 
above the maximum section width instead of between the bead and 
maximum section width. Again, this does not affect the ability of 
the tire to perform. Additionally, the ``R'' located in the size 
designation LT245/75R16 which is marked between the bead and 
sidewall is recognized by the International Standards Organization, 
the Tire and Rim Association, the Rubber Manufacturers Association 
and others, including the general public, as being the standard 
designation for a radial tire. Thus it would be obvious to anyone 
looking at either sidewall of this tire that it was indeed a radial 
tire.''

    No comments were received on the application.
    Michelin has acknowledged noncompliance in manufacturing 
approximately 1,041 LT245/75R16 Uniroyal Laredo LTL FR E tires at the 
plant of Uniroyal Goodrich Tire Manufacturing, a division of Michelin 
North America, Inc.. The tires in question were produced with specified 
tire markings on only one tire sidewall instead of both tire sidewalls 
as the Standard requires. Also, the word ``Radial'' appears on the tire 
sidewall in a location not specified by the Standard.
    Safety Performance Standards agrees that the noncompliance reported 
by Michelin is inconsequential to motor vehicle safety. The 
informational tire markings that appear on the tire sidewall meets the 
requirements of the Standard. Absence of this information on both tire 
sidewalls will not affect the performance of the tire or compromise 
motor vehicle safety.
    Michelin has assured the agency that if a decision is made to bring 
the remaining 482 tires into compliance, an after-branding procedure 
used throughout the tire industry known as ``hot branding,'' will be 
used to bring the tires into compliance. This branding procedure will 
not affect the performance of the tires or compromise motor vehicle 
safety.
    Accordingly, for the reasons expressed above, the petitioner has 
met its burden of persuasion that the noncompliance herein described is 
inconsequential as it relates to motor vehicle safety, and the agency 
grants Michelin's application for exemption from notification of the 
noncompliance as required by 49 U.S.C. 30118 and from remedy as 
required by 49 U.S.C. 30120. (49 U.S.C. 30118, 30120; delegations of 
authority at 49 CFR 1.50 and 501.8)

    Issued on: March 3, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-5717 Filed 3-6-97; 8:45 am]
BILLING CODE 4910-59-P