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

Topics:  Michelin

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
November 19, 2015

[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72483-72484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29473]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0103; 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 heavy truck tires do not fully comply with paragraphs 
S6.5(a) and (j) 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 September 18, 2015, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is December 21, 
2015.

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 
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 above 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. Overview: 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 247 Michelin X Works 
XZY size 315/80R22.5 156/150K heavy truck tires that were manufactured 
between January 1, 2011 and July 31, 2015.
    III. Noncompliance: MNA describes the noncompliance's as the 
inadvertent omission from the tires sidewall of the letter marking that 
designates the tire load range as required by paragraph S6.5(j) and the 
symbol ``DOT'' confirming certification as required by paragraph 
S6.5(a) of FMVSS No. 119.
    IV. Rule Text: Paragraph S6.5 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. . . .
    (a) The symbol DOT, which shall constitute a certification that the 
tire conforms to applicable Federal Motor Vehicle Safety standards. 
This symbol may be marked on only one sidewall. . . .
    (j) The letter designating the tire Load Range.
    V. Summary of MNA's Petition: MNA believes that while it did not 
intend to release the subject tires for sale in the U.S. market, and 
therefore did not mark the tires accordingly, it believes that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (1) Maximum Load Rating: The subject tires are marked on both 
sidewalls with the European Tyre and Rim Technical Organization (ETRTO) 
published load capacities in pounds and kilograms for single and dual 
application in the format specified by FMVSS No. 119. MNA believes that 
this marking provides sufficient information to ensure the proper 
application of the tire.
    (2) Load Index: The subject tire is marked with the [International 
Organization for Standardization] ISO load indices for single and dual 
application as specified by the ETRTO standard. MNA believes that ISO 
load indices are widely recognized within the industry and thus provide 
additional information to ensure the proper application of the tire.
    (3) Other Markings: All other markings specified by FMVSS No. 119 
are present on the tire including the full tire identification number 
(TIN).
    (4) Performance: The subject tire meets all performance 
requirements of FMVSS No. 119. MNA believes that the subject 
noncompliances have no impact on the load carrying capacity of the tire 
on a motor vehicle, nor on motor vehicle safety itself.

[[Page 72484]]

    (5) Vehicle Fitment: Paragraph S6 of FMVSS No. 119 requires that 
the marking should contain load capacity values in pounds and kilograms 
as well as a letter designating the load range. This information is 
used by vehicle owners to ensure adequate tire load capacity for the 
specific vehicle configuration. Although the subject tire lacks the 
letter designating the load range, MNA believes that the ETRTO standard 
load capacity values and ISO load indices for single and dual 
application which are widely recognized in the industry are present to 
ensure proper application.
    MNA has additionally informed NHTSA that it has corrected its 
internal systems error to prevent similar tires from being released for 
sale in the U.S. market in the future.
    In summation, MNA believes that the described noncompliances of the 
subject tires is inconsequential to motor vehicle safety, and that its 
petition, to exempt MNA from providing recall notification of 
noncompliances 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 tires that MNA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve equipment 
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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-29473 Filed 11-18-15; 8:45 am]
 BILLING CODE 4910-59-P