
[Federal Register: April 7, 2010 (Volume 75, Number 66)]
[Notices]               
[Page 17828-17829]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap10-128]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0005; Notice 2]

 
Michelin North America, Inc., Grant 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) and the rule 
implementing those provisions 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. Notice of 
receipt of the petition was published, with a 30-day public comment 
period, on February 19, 2009, in the Federal Register (74 FR 7738). No 
comments were received. To view the petition and all supporting 
documents log onto the Federal Docket Management System Web site at: 
http://www.regulations.gov/. Then follow the online search instructions 
to locate docket number ``NHTSA-2009-0005.''
    For further information on this decision, contact Mr. George 
Gillespie, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5299, 
facsimile (202) 366-7002.
    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.
    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'' (emphasis added). Michelin 
also explains that the marking on the other sidewall of the tires 
correctly describes the plies in the tread area of the tires.
    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

[[Page 17829]]

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.

NHTSA Decision

    The agency agrees with Michelin that the noncompliances are 
inconsequential to motor vehicle safety. The agency believes that the 
true measure of inconsequentiality to motor vehicle safety in this case 
is that there is no effect of the noncompliances on the operational 
safety of vehicles on which these tires are mounted. The safety of 
people working in the tire retread, repair, and recycling industries 
must also be considered. Although tire construction affects the 
strength and durability, neither the agency nor the tire industry 
provides information relating tire strength and durability to the 
number of plies and types of ply cord material in the tread and 
sidewall. Therefore, tire dealers and customers should consider the 
tire construction information along with other information such as the 
load capacity, maximum inflation pressure, and tread wear, temperature, 
and traction ratings, to assess performance capabilities of various 
tires. In the agency's judgment, the incorrect labeling of the tire 
construction information will have an inconsequential effect on motor 
vehicle safety because most consumers do not base tire purchases or 
vehicle operation parameters on the ply material in a tire.
    The agency also believes the noncompliance will have no measurable 
effect on the safety of the tire retread, repair, and recycling 
industries. The use of steel cord construction in the sidewall and 
tread is the primary safety concern of these industries. In this case, 
since the tire sidewalls are marked correctly for the number of steel 
plies, this potential safety concern does not exist.
    In consideration of the foregoing, NHTSA has decided that Michelin 
has met its burden of persuasion that the subject FMVSS No. 139 
labeling noncompliances are 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 subject noncompliance under 49 U.S.C. 30118 and 30120.

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

    Issued on: April 1, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-7875 Filed 4-6-10; 8:45 am]
BILLING CODE 4910-59-P

