
[Federal Register: February 19, 2009 (Volume 74, Number 32)]
[Notices]               
[Page 7738-7739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe09-105]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0005; Notice 1]

 
Michelin North America, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Michelin North America, Inc. (Michelin), has determined that 
certain passenger car tires manufactured between September 18, 2008 and 
October 10, 2008 did not fully comply with paragraphs S5.5(e) and 
S5.5(f) of Federal Motor Vehicle Safety Standards (FMVSS) No. 139 New 
Pneumatic Radial Tires for Light Vehicles. Michelin has filed an 
appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Michelin has petitioned for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of Michelin's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 2,240 size P195/60R15 (87T) Michelin 
Harmony brand passenger car tires manufactured between September 18, 
2008 and October 10, 2008 at Michelin's plant located in Pictou, 
Canada. Approximately 1,590 of these tires have been delivered to 
Michelin's customers. The remaining tires (approximately 650) are being 
held in Michelin's possession until they can be correctly relabeled.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, these provisions 
only apply to the tires that have already passed from the manufacturer 
to an owner, purchaser, or dealer.
    Paragraphs S5.5(e) and S5.5(f) of FMVSS No. 139 require in 
pertinent part:

    S5.5 Tire markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard. The markings 
must be placed between the maximum section width and the bead on at 
least one sidewall, unless the maximum section width of the tire is 
located in an area that 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, those markings must 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. The markings must be in 
letters and numerals not less than 0.078 inches high and raised 
above or sunk below the tire surface not less than 0.015 inches * * 
*
    (e) The generic name of each cord material used in the plies 
(both sidewall and tread area) of the tire;
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different * * *

    Michelin explains that the noncompliance is that, due to a mold 
labeling error, the sidewall marking on the reference side of the tires 
incorrectly describes the number of plies in the tread area of the 
tires. Specifically, the tires in question were inadvertently 
manufactured with ``Tread Plies: 2 Polyester + 2 polyamide + 2 steel; 
Sidewall plies: 2 polyester'' marked on the intended outboard sidewall. 
The labeling should have been ``Tread Plies: 2 Polyester + 1 polyamide 
+ 2 steel; Sidewall plies: 2 polyester.'' Michelin also explains that 
the marking on the other sidewall of the tires correctly describes the 
plies in the tread area of the tires.

[[Page 7739]]

    Michelin states that it discovered the mold labeling error that 
caused the non-compliance during a routine quality audit.
    Michelin argues that this noncompliance is inconsequential to motor 
vehicle safety because the noncompliant sidewall marking does not 
affect the strength of the tires and all other labeling requirements 
have been met.
    Michelin points out that NHTSA has previously granted petitions for 
sidewall marking noncompliances that Michelin believes are similar to 
the instant noncompliance.
    Michelin also stated that it has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    In summation, Michelin states that it believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: March 23, 2009.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: February 12, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-3486 Filed 2-18-09; 8:45 am]

BILLING CODE 4910-59-P
