Michelin North America, Inc.; Grant of Application for Decision That a Noncompliance Is Inconsequential to Motor Vehicle Safety, 10161-10162 [05-3988]

Download as PDF Federal Register / Vol. 70, No. 40 / Wednesday, March 2, 2005 / Notices insurer report on motor vehicle theft for the 1999 reporting year. Section 33112(h) of Title 49 of the U.S. Code, requires this information to be compiled periodically and published by the agency in a form that will be helpful to the public, the law enforcement community, and Congress. As required by section 33112(c), this report provides information on theft and recovery of vehicles; rating rules and plans used by motor vehicle insurers to reduce premiums due to a reduction in motor vehicle thefts; and actions taken by insurers to assist in deterring thefts. ADDRESSES: Interested persons may obtain a copy of this report and appendices by contacting the U.S. Department of Transportation, Docket Management, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. [Docket hours are from 10 am to 5 pm]. Requests should refer to Docket No. 2002–11392. This report without appendices may also be viewed on-line at: http://www.nhtsa.dot.gov/cars/rules/ theft. FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Proctor’s telephone number is (202) 366–0846. Her fax number is (202) 493– 2290. SUPPLEMENTARY INFORMATION: The Motor Vehicle Theft Law Enforcement Act of 1984 (Theft Act) was implemented to enhance detection and prosecution of motor vehicle theft (Pub. L. 98–547). The Theft Act added a new title VI to the Motor Vehicle Information and Cost Savings Act, which required the Secretary of Transportation to issue a theft prevention standard for identifying major parts of certain high-theft lines of passenger cars. The Act also addressed several other actions to reduce motor vehicle theft, such as increased criminal penalties for those who traffic in stolen vehicles and parts, curtailment of the exportation of stolen motor vehicles and off-highway mobile equipment, establishment of penalties for dismantling vehicles for the purpose of trafficking in stolen parts, and development of ways to encourage decreases in premiums charged to consumers for motor vehicle theft insurance. Title VI (which has since been recodified as 49 U.S.C. chapter 331), was designed to impede the theft of motor vehicles by creating a theft prevention standard which required manufacturers of designated high-theft car lines to inscribe or affix a vehicle identification number onto major VerDate jul<14>2003 15:00 Mar 01, 2005 Jkt 205001 components and replacement parts of all vehicle lines selected as high theft. The theft standard became effective in Model Year 1987 for designated hightheft car lines. The Anti Car Theft Act of 1992 (Pub. L. 102–519) amended the law relating to the parts-marking of major component parts on designated high-theft vehicles. One amendment made by the Anti Car Theft Act was to 49 U.S.C. 33101(10), where the definition of ‘‘passenger motor vehicle’’ now includes a ‘‘multipurpose passenger vehicle or light-duty truck when that vehicle or truck is rated at not more than 6,000 pounds gross vehicle weight.’’ Since ‘‘passenger motor vehicle’’ was previously defined to include passenger cars only, the effect of the Anti Car Theft Act is that certain multipurpose passenger vehicle (MPV) and light-duty truck (LDT) lines may be determined to be high-theft vehicles subject to the Federal motor vehicle theft prevention standard (49 CFR part 541). Section 33112 of Title 49 requires subject insurers or designated agents to report annually to the agency on theft and recovery of vehicles, on rating rules and plans used by insurers to reduce premiums due to a reduction in motor vehicle thefts, and on actions taken by insurers to assist in deterring thefts. Rental and leasing companies also are required to provide annual theft reports to the agency. In accordance with 49 CFR part 544.5, each insurer, rental and leasing company to which this regulation applies must submit a report annually not later than October 25, beginning with the calendar year for which they are required to report. The report would contain information for the calendar year three years previous to the year in which the report is filed. The report that was due by October 25, 2002 contains the required information for the 1999 calendar year. Interested persons may obtain a copy of individual insurer reports for CY 1999 by contacting the U.S. Department of Transportation, Docket Management, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. [Docket hours are from 10 am to 5 pm]. Requests should refer to Docket No. 2002–17376. The annual insurer reports provided under section 33112 are intended to aid in implementing the Theft Act and fulfilling the Department’s requirements to report to the public the results of the insurer reports. The first annual insurer report, referred to as the Section 612 Report on Motor Vehicle Theft, was prepared by the agency and issued in December 1987. The report included theft and recovery data by vehicle type, make, line, and model which were PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 10161 tabulated by insurance companies and, rental and leasing companies. Comprehensive premium information for each of the reporting insurance companies was also included. This report, the fifteenth, discloses the same subject information and follows the same reporting format. Issued on: February 18, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–3986 Filed 3–1–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2003–16114; Notice 2] Michelin North America, Inc.; Grant of Application for Decision That a Noncompliance Is Inconsequential to Motor Vehicle Safety Michelin North America, Inc. (MNA) has determined that approximately 31,266 Michelin Pilot Sport/Alpin tires have been imported into the United States with sidewall markings that do not meet the labeling requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 109 ‘‘New Pneumatic Tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), MNA 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 the application was published, with a 30-day comment period, on October 14, 2003, in the Federal Register (68 FR 59235). NHTSA received no comment on this application. The affected tires are those whose sidewalls labeling includes a maximum psi inflation pressure marking which rounds from the metric value to the nearest whole number (in this case down), rather than rounding up to the next higher whole number as specified by FMVSS No. 109 S4.3.4 (a). The tires in question meet or exceed all other requirements of FMVSS 109. The provisions of FMVSS No. 109 applicable to 340 kPa tires that are the subject of the petition require that the psi units be rounded ‘‘to the next higher whole number’’ even when the nearest whole number, would require rounding down, rather than up. The correct marking for the maximum inflation pressure required by FMVSS No. 109 for these tires is: ‘‘340 kPa (50 psi).’’ The E:\FR\FM\02MRN1.SGM 02MRN1 10162 Federal Register / Vol. 70, No. 40 / Wednesday, March 2, 2005 / Notices noncompliant tires were incorrectly marked: ‘‘340 kPa (49 psi).’’ The actual conversion of 340 kPa to psi units yields 49.35 psi before rounding to whole numbers (340 kPa divided by a conversion factor of 6.895 equals 49.35 psi). The labeling requirements of FMVSS No. 109 New Pneumatic Tire S4.3.4 (a) mandate that each tire have permanently molded into or onto both sidewalls the maximum permissible inflation pressure in pounds per inch (psi) rounded to the next higher whole number. MNA argues that this noncompliance will have no impact on either the performance of the tire on a motor vehicle, or on motor vehicle safety itself. MNA argues that NHTSA has recently studied the impact of tire labeling information on safety in the context of its rulemaking efforts under the Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act. This analysis found that sidewall maximum inflation pressure labeling is poorly understood by the general public, and indicated that those consumers that are aware of sidewall maximum inflation pressure labeling commonly misuse this information. A number of commenters on both the Advanced Notice of Proposed Rulemaking and the Notice of Proposed Rulemaking for tire labeling recommended that the maximum inflation pressure labeling be removed from the sidewall because of its limited safety value and its propensity to confuse consumers. NHTSA ultimately decided to retain maximum inflation pressure labeling requirements as an aid in preventing over-inflation. The mislabeling issue in this case will in no way contribute to the risk of overinflation because the value actually marked is lower than the value required by the regulations. Also, MNA states that, this mislabeling is clearly inconsequential with respect to safety for all of the following stated reasons: (1) The noncompliance is one solely of rounding to the nearest whole number and labeling; (2) The actual labeling is one psi less than that required by the regulation; (3) Rounding 49.35 psi to 49 psi, the nearest whole number, is more accurate in this case than rounding to the next higher whole number (50) as required by the regulations; (4) All performance requirements of FMVSS No. 109 are met or exceeded; (5) These tires are marked with the correct metric maximum inflation pressure (as allowed by FMVSS No. 109 and as shown on pages 1–32 of the 2003 Tire and Rim Association yearbook); (6) Use of the VerDate jul<14>2003 15:00 Mar 01, 2005 Jkt 205001 sidewall label as a source of information for the maximum inflation pressure will not increase the risk of over-inflation of the tire because the actual value is lower than both the actual maximum inflation pressure (by 0.35 psi) and lower than the 50 psi value required for these tires by the regulations; (7) Incorrect use of the sidewall label maximum inflation pressure as a source of information for the recommended inflation pressure will not result in an overloading of the tires or reduce the load capacity of the tires because the 49 psi conversion still remains 8 psi greater than that required to carry the maximum load for these tires. In fact, 340 kPa (50psi) is the higher of two alternative choices for the maximum inflation pressure provided for this tire’s load rating per The Tire and Rim Association yearbook. Consequently, MNA believes that the foregoing noncompliance will have an inconsequential impact on motor vehicle safety. NHTSA believes that the true measure of inconsequentiality to motor vehicle safety in this case is the effect of the noncompliance on the operational safety of vehicles on which these tires are mounted. In this case, MNA selected the lower inflation pressure provided for this tire’s load rating per The Tire and Rim Association yearbook. Except for the one psi understated maximum permissible inflation pressure on the sidewall, the subject tires are properly labeled and constructed in accordance with FMVSS No. 109. This labeling noncompliance has no effect on the performance of the subject tires. In consideration of the foregoing, NHTSA has decided that the applicant has met its burden of persuasion that the noncompliance is inconsequential to motor vehicle safety. Accordingly, its application is granted and the applicant is exempted from providing the notification of the noncompliance as required by 49 U.S.C. 30118, and from remedying the noncompliance, as required by 49 U.S.C. 30120. (Authority: 49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50 and 501.8) Issued on: February 18, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–3988 Filed 3–1–05; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2004–18755; Notice 3] Coupled Products, Inc., Notice of Appeal of Denial of Petition for Decision of Inconsequential Noncompliance Coupled Products, Inc. (Coupled Products) has appealed a decision by the National Highway Traffic Safety Administration that denied its petition for a determination that its noncompliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, ‘‘Brake hoses,’’ is inconsequential to motor vehicle safety. Notice of receipt of the petition was published on August 5, 2004, in the Federal Register (69 FR 47484). On December 24, 2004, NHTSA published a notice in the Federal Register denying Coupled Products’ petition (69 FR 76520), stating that the petitioner had not met its burden of persuasion that the noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Coupled Products’ appeal is published in accordance with NHTSA’s regulations (49 CFR 556.7 and 556.8) and does not represent any agency decision or other exercise of judgment concerning the merits of the appeal. Coupled Products determined that certain hydraulic brake hose assemblies that it produced do not comply with S5.3.4 of 49 CFR 571.106, FMVSS No. 106. S5.3.4 of FMVSS No. 106, tensile strength, requires that ‘‘a hydraulic brake hose assembly shall withstand a pull of 325 pounds without separation of the hose from its end fittings.’’ A total of approximately 24,622 brake hose assemblies, consisting of 3,092 assemblies bearing Part Number 5478 and 21,530 assemblies bearing Part Number 5480 may not comply with S5.3.4. The potentially affected hoses were manufactured using a ‘‘straight cup’’ procedure rather than the appropriate ‘‘step cup’’ procedure. Compliance testing by the petitioner of eight sample hose assemblies from two separate manufacturing lots of these hoses revealed that seven of the eight samples experienced hose separation from the end fittings at loads from 224 to 317 pounds. Coupled Products asserted that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. NHTSA reviewed the petition and determined that the noncompliance is not inconsequential to motor vehicle E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 70, Number 40 (Wednesday, March 2, 2005)]
[Notices]
[Pages 10161-10162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3988]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-16114; Notice 2]


Michelin North America, Inc.; Grant of Application for Decision 
That a Noncompliance Is Inconsequential to Motor Vehicle Safety

    Michelin North America, Inc. (MNA) has determined that 
approximately 31,266 Michelin Pilot Sport/Alpin tires have been 
imported into the United States with sidewall markings that do not meet 
the labeling requirements of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 109 ``New Pneumatic Tires.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), MNA 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 
the application was published, with a 30-day comment period, on October 
14, 2003, in the Federal Register (68 FR 59235). NHTSA received no 
comment on this application.
    The affected tires are those whose sidewalls labeling includes a 
maximum psi inflation pressure marking which rounds from the metric 
value to the nearest whole number (in this case down), rather than 
rounding up to the next higher whole number as specified by FMVSS No. 
109 S4.3.4 (a). The tires in question meet or exceed all other 
requirements of FMVSS 109. The provisions of FMVSS No. 109 applicable 
to 340 kPa tires that are the subject of the petition require that the 
psi units be rounded ``to the next higher whole number'' even when the 
nearest whole number, would require rounding down, rather than up. The 
correct marking for the maximum inflation pressure required by FMVSS 
No. 109 for these tires is: ``340 kPa (50 psi).'' The

[[Page 10162]]

noncompliant tires were incorrectly marked: ``340 kPa (49 psi).'' The 
actual conversion of 340 kPa to psi units yields 49.35 psi before 
rounding to whole numbers (340 kPa divided by a conversion factor of 
6.895 equals 49.35 psi).
    The labeling requirements of FMVSS No. 109 New Pneumatic Tire 
S4.3.4 (a) mandate that each tire have permanently molded into or onto 
both sidewalls the maximum permissible inflation pressure in pounds per 
inch (psi) rounded to the next higher whole number.
    MNA argues that this noncompliance will have no impact on either 
the performance of the tire on a motor vehicle, or on motor vehicle 
safety itself. MNA argues that NHTSA has recently studied the impact of 
tire labeling information on safety in the context of its rulemaking 
efforts under the Transportation Recall Enhancement, Accountability and 
Documentation (TREAD) Act. This analysis found that sidewall maximum 
inflation pressure labeling is poorly understood by the general public, 
and indicated that those consumers that are aware of sidewall maximum 
inflation pressure labeling commonly misuse this information. A number 
of commenters on both the Advanced Notice of Proposed Rulemaking and 
the Notice of Proposed Rulemaking for tire labeling recommended that 
the maximum inflation pressure labeling be removed from the sidewall 
because of its limited safety value and its propensity to confuse 
consumers. NHTSA ultimately decided to retain maximum inflation 
pressure labeling requirements as an aid in preventing over-inflation. 
The mislabeling issue in this case will in no way contribute to the 
risk of over-inflation because the value actually marked is lower than 
the value required by the regulations.
    Also, MNA states that, this mislabeling is clearly inconsequential 
with respect to safety for all of the following stated reasons: (1) The 
noncompliance is one solely of rounding to the nearest whole number and 
labeling; (2) The actual labeling is one psi less than that required by 
the regulation; (3) Rounding 49.35 psi to 49 psi, the nearest whole 
number, is more accurate in this case than rounding to the next higher 
whole number (50) as required by the regulations; (4) All performance 
requirements of FMVSS No. 109 are met or exceeded; (5) These tires are 
marked with the correct metric maximum inflation pressure (as allowed 
by FMVSS No. 109 and as shown on pages 1-32 of the 2003 Tire and Rim 
Association yearbook); (6) Use of the sidewall label as a source of 
information for the maximum inflation pressure will not increase the 
risk of over-inflation of the tire because the actual value is lower 
than both the actual maximum inflation pressure (by 0.35 psi) and lower 
than the 50 psi value required for these tires by the regulations; (7) 
Incorrect use of the sidewall label maximum inflation pressure as a 
source of information for the recommended inflation pressure will not 
result in an overloading of the tires or reduce the load capacity of 
the tires because the 49 psi conversion still remains 8 psi greater 
than that required to carry the maximum load for these tires. In fact, 
340 kPa (50psi) is the higher of two alternative choices for the 
maximum inflation pressure provided for this tire's load rating per The 
Tire and Rim Association yearbook. Consequently, MNA believes that the 
foregoing noncompliance will have an inconsequential impact on motor 
vehicle safety.
    NHTSA believes that the true measure of inconsequentiality to motor 
vehicle safety in this case is the effect of the noncompliance on the 
operational safety of vehicles on which these tires are mounted. In 
this case, MNA selected the lower inflation pressure provided for this 
tire's load rating per The Tire and Rim Association yearbook. Except 
for the one psi understated maximum permissible inflation pressure on 
the sidewall, the subject tires are properly labeled and constructed in 
accordance with FMVSS No. 109. This labeling noncompliance has no 
effect on the performance of the subject tires.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, its application 
is granted and the applicant is exempted from providing the 
notification of the noncompliance as required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

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

    Issued on: February 18, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-3988 Filed 3-1-05; 8:45 am]
BILLING CODE 4910-59-P