Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Michelin
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
September 23, 2014
[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56852-56853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22525]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0095; Notice 1]
Michelin North America, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Michelin North America, Inc. (MNA) has determined that certain
Michelin Pilot Street Radial replacement motorcycle tires, do not fully
comply with paragraph S6.5(f) of Federal Motor Vehicle Safety Standard
(FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of
More Than 4,536 kilograms (10,000 pounds) and Motorcycles. MNA has
filed an appropriate report dated July 3, 2014, pursuant to 49 CFR Part
573, Defect and Noncompliance Responsibility and Reports.
DATES: The closing date for comments on the petition is October 23,
2014.
ADDRESSES: 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:
Mail: Send comments 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.
Hand Deliver: Deliver comments by hand 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.
Electronically: Submit comments 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 (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.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
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.
SUPPLEMENTARY INFORMATION: I. MNA's Petition: Pursuant to 49 U.S.C.
30118(d) and 30120(h) (see implementing rule at 49 CFR Part 556), MNA
submitted a petition 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 MNA'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.
II. Tires Involved: Affected are approximately 889 Michelin Pilot
Street Radial motorcycle tires, involving a total of three dimensions
(110/70 R17 54H, 130/70 R17 62H, and 140/70 R17 66H), that were
manufactured between August 12, 2012 and December 21, 2013 in
Phrapradaeng, Thailand.
III. Noncompliance: MNA explains that the noncompliance is that on
the sidewall containing the DOT Tire Identification Number (TIN,) the
marking describing the generic material content of the casing plies for
tread and
[[Page 56853]]
sidewall, required by paragraph S6.5(f) of FMVSS No. 119, is incorrect.
For the subject tires, the marking reads:
Tread plies Sidewall plies
2 polyamide............................... 2 polyamide
1 aramid..................................
The correct marking for these tires is:
Tread plies Sidewall plies
2 polyester............................... 2 polyester
1 aramid..................................
V. Rule Text: Paragraph S6.5(f) of FMVSS No. 119 requires in
pertinent part:
S6.5 Tire markings. Except as specified in this paragraph, each
tire shall be marked on each sidewall with the information specified
in paragraphs (a) through (j) of this section. 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. The markings shall be in letters and numerals
not less than 2 mm (0.078 inch) high and raised above or sunk below
the tire surface not less that 0.4 mm (0.015 inch), except that the
marking depth shall be not less than 0.25mm (0.010 inch) in the case
of motorcycle tires. The tire identification and the DOT symbol
labeling shall comply with part 574 of this chapter. Markings may
appear on only one sidewall and the entire sidewall area may be used
in the case of motorcycle tires and recreational, boat, baggage, and
special trailer tires. * * *
(f) The actual number of plies and the composition of the ply
cord material in the sidewall and, if different, in the tread area;
* * *
V. Summary of MNA's Analyses: MNA stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
(A) FMVSS Safety: The subject tires meet or exceed all of the
minimum performance requirements of FMVSS No. 119 for motorcycle tires,
and carry on their sidewalls all the other required markings of FMVSS
No. 119. The content of these tires is as designed; it is only the
marking of the generic material for the casing plies which is
inconsistent with the content. Since the generic material marking does
not influence the purchase nor the fitment of tires to vehicles, the
above described noncompliance is viewed by MNA to have no impact on the
performance of the tire, nor the associated motor vehicle safety.
(B) Tire labeling: The subject tires contain the necessary tire
material labeling information on at least one sidewall. The number of
reinforcing plies in the tread, and in the sidewall, are correct. It is
the descriptor for the generic material which is not consistent with
the actual content of the tire--``Polyamide'' in place of
``Polyester.'' Since this marking is only on one sidewall and there is
no other marking to compare it to, consumers will not be confused by
the content of the marking, nor do they make purchasing decisions based
upon this mark. Only a specialist, familiar with the differences
between `polyamide' and `polyester', with access to the internal
content of the tire, would recognize this discrepancy.
(C) Market Action: This marking discrepancy has no impact on a
consumer's, dealer's, or distributor's ability, nor our ability, to
identify product in the event of a market action. During market
actions, the tire dimension, brand name, load capacity, and TIN are
used to identify tires which are to be removed from the market. The
tire's generic material content marking would therefore not have an
impact on a consumer's or dealer's ability to implement a market
action.
(D) Previous Rulings: On previous occasions, the Agency has
reviewed other petitions for inconsequential noncompliance involving
the descriptor for the tire's generic material content, e.g., NHTSA-
2011-0033-0003: In this case, the term ``Polyester'' was substituted
for ``Nylon'' when describing the tread plies. NHTSA agreed with
Goodyear that the non-compliances were inconsequential to motor vehicle
safety. ``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.'' We
believe that in this instance the marking non-compliances are
inconsequential to motor vehicle safety.
MNA has additionally informed NHTSA that it has corrected the
noncompliance so that all future production motorcycle tires will
comply with FMVSS No. 119.
In summation, MNA believes that the described noncompliance of the
subject motorcycle tires is inconsequential to motor vehicle safety,
and that its petition, to exempt MNA from providing recall notification
of noncompliance as required by 49 U.S.C. 30118 and remedying the
recall noncompliance as required by 49 U.S.C. 30120 should be granted.
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, any decision on
this petition only applies to the subject motorcycle tires that MNA no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve tire
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant tires under their control after MNA
notified them that the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-22525 Filed 9-22-14; 8:45 am]
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