Michelin North America, Inc., Denial 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
1 September 2017
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41678-41680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18628]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0094; Notice 2]
Michelin North America, Inc., Denial of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition.
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SUMMARY: Michelin North America, Inc. (MNA), has determined that
certain MNA tires do not fully comply with 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
filed a noncompliance report dated September 1, 2016. MNA then
petitioned NHTSA
[[Page 41679]]
on September 8, 2016, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
ADDRESSES: For further information on this decision contact Abraham
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile
(202) 366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview
Michelin North America, Inc. (MNA), has determined that certain MNA
tires do not fully comply with paragraph S6.5(d) 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 filed a noncompliance report dated September 1, 2016,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. MNA then petitioned NHTSA on September 8, 2016, pursuant
to 49 U.S.C. 30118(d) and 30120(h) and their implementing regulations
at 49 CFR part 556, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety.
Notice of receipt of the petition was published, with a 30-day
public comment period, on November 10, 2016 in the Federal Register (81
FR 79093). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2016-0094.''
II. Tires Involved
Affected are approximately 184 Michelin Pilot Power 3 size 180/
55ZR17 M/C (73W) replacement motorcycle tires manufactured between
April 17, 2016, and May 7, 2016.
III. Noncompliance
MNA describes the noncompliance as the inadvertent omission of the
markings designating the maximum load and corresponding inflation
pressure for that load, as required by paragraph S6.5(d) of FMVSS No.
119.
IV. Rule Text
Paragraph S6.5(d) of FMVSS No. 119 provides, 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. . .
(d) The maximum load rating and corresponding inflation pressure
of the tire, shown as follows:
(Mark on tires rated for single and dual load): Max load single
__kg (__lb) at __kPa (__psi) cold. Max load dual __kg (__lb) at
__kPa (__psi) cold.
(Mark on tires rated only for single load): Max load __kg (__lb)
at __kPa (__psi) cold. . .
V. Summary of MNA's Petition
MNA described the subject noncompliance and contends that the
noncompliance is inconsequential for motor vehicle safety.
In support of its petition, MNA submitted the following reasoning:
A. Installation--The subject tires provide sidewall markings that
include the correct industry standard tire size identified as ``180/
55ZR17 M/C,'' the service description identified as ``(73W)'' using an
ISO load index and speed symbol, and the load range identified as Load
Range ``B.'' This properly and precisely identifies the tire for
correct installation.
B. Inflation Pressure--MNA points out that the correct application
pressures for the front and rear positions are identified on the
motorcycle vehicle placard as required by 49 CFR part 567 and in the
owner's manual, and these sources are referred to specifically in
information published by NHTSA, motorcycle manufacturers, and tire
manufacturers. The inflation pressures furnished by the motorcycle
manufacturer via these two sources are the pressures that provide the
load capacity and the motorcycle manufacturer's intended ride and
handling characteristics for the specific motorcycle involved. MNA
stressed that the sidewall marking omitted from the tires at issue is
not the recommended operating inflation pressure and that this fact is
well known to motorcycle owners.
1. For example, MNA observes that NHTSA's online ``Motorcycle
Safety Tips'' specifically refers to the owner's manual and vehicle
placard: ``Look in your motorcycle owner's manual to find the right
PSI (pounds per square inch) of air pressure for your tires. Some
bike manufacturers also list this information on the bike itself.
Common locations include the swing arm, front fork tubes, inside the
trunk, and under the seat.''
2. Additionally, MNA argues that the Motorcycle Industry Council
Tire Guide explains, ``Check the air pressure when the tires are
cold . . . and adjust it according to your motorcycle owner's manual
or the tire information label on the chain guard, frame, or
swingarm.''
3. Similarly, Michelin's Professional Motorcycle Tire Guide 2016
states: ``Use the inflation pressure recommended by the motorcycle
manufacturer . . . The proper inflation pressures for your
motorcycle tires are shown in your motorcycle owner's manual.''
4. According to MNA, the applicable pressure is also a function
of the maximum speed capability of the motorcycle, another reason
that the proper source for tire inflation pressure is the motorcycle
vehicle placard or owner's manual rather than the tire sidewall.
5. Michelin's Professional Motorcycle Tire Guide 2016 and the
Motorcycle Industry Tire Guide both advise not to exceed the
pressure marked on the sidewall when setting a usage pressure. MNA
also notes, the recommended pressure on the motorcycle vehicle
placard and the motorcycle owner's manual conforming to 49 CFR
571.120 will never exceed the sidewall pressure for a properly
fitted tire as described above in section ``A'' (Installation). The
tire size, load index, speed symbol, and load range all provide for
proper installation. Additionally, MNA states that the sidewall
pressure is not a ``maximum'' pressure. It is the pressure
corresponding to the maximum load. For example, Michelin's
Professional Motorcycle Tire Guide 2016 advises that the pressure
regulator be set at 60 psi for mounting motorcycle tires, and the
Michelin motorcycle Web site FAQ's explain that up to 60 psi of
pressure can be used to seat beads when mounting motorcycle tires
and then adjusted to the recommended pressure found on the vehicle
placard or owner's manual. The sidewall pressure corresponding to
the maximum load on the subject tire is 290 kPa or 42 psi.
C. Max Load Information--MNA argues that the maximum load value
corresponding to the ISO load index on the tire is published in
Michelin's Professional Motorcycle Tire Guide 2016 available online,
the Motorcycle Industry Council Tire Guide available online, as well as
a number of retail sites. The ISO load index of ``73'' and the
designation Load Range ``B'' that are present on the tire provide load
description information, and along with the tire size they provide a
clear cross reference to the cited publications that offer the load
value in pounds if needed. Again, in MNA's view, the tire size and load
range provided are sufficient to assure the tire is appropriate for the
motorcycle and the corresponding inflation pressure requirements as a
function of speed capability are displayed on the vehicle's placard as
well as the owner's manual.
D. Other Markings--MNA notes that all other markings conform to the
applicable regulations.
E. Performance--The MNA petition also observes that the subject
tire meets all performance requirements of FMVSS No. 119.
MNA concluded by expressing the belief that the subject
noncompliance is inconsequential to motor vehicle safety, and that its
petition for exemption from
[[Page 41680]]
providing notification of the noncompliance, as required by 49 U.S.C.
30118, and a remedy for the noncompliance, as required by 49 U.S.C.
30120, should be granted.
NHTSA's Decision
NHTSA's Analysis: NHTSA has reviewed Michelin's petition and has
determined that the petitioner has not met the burden of persuasion
that the subject noncompliance is inconsequential to motor vehicle
safety. Specifically, failing to mark the maximum load and
corresponding inflation pressure for that load in both Metric and
English units on the sidewall of the tires puts an enormous burden on
end users to ensure that the subject tires will be properly installed,
used, and serviced in accordance with the tire's maximum capability. In
the FMVSS No. 119 final rule (Nov. 13, 1973; 38 FR 31299), the Agency
explained the purpose of labeling the subject tires with maximum load
and pressure. The final rule states:
The trucking industry questioned the advisability of labeling
maximum inflation and load rating on the tire because it appeared to
prohibit the adjustment of pressures to road conditions. The purpose
of the labeling is to . . . warn the user of the tire's maximum
capabilities.''
Furthermore, in the same rulemaking, the Agency provided relief
to manufacturers by accepting the commenters' proposal to have the
information only required on one side of M/C tires: ``Several
manufacturers suggested that labeling appear on only one side of a
tire when both sides of the tire, as mounted, will be available for
inspection. Accordingly, motorcycle tires must now be labeled on one
side wall only, . . .
The complete lack of maximum load and corresponding inflation
pressure information on the subject Michelin motorcycle tires creates a
potential safety hazard to the end users of these tires. NHTSA
reiterates that marking tires with the maximum load and corresponding
inflation pressure is necessary for achieving the following: (A) Proper
installation on the vehicle--in this case a motorcycle, (B) proper
inflation pressure even when application pressures for the front and
rear positions are identified on the motorcycle vehicle placard or
vehicle owner's manual, and (C) proper usage because the tire size,
speed symbol, and load index do not adequately or easily convey the
maximum load and pressure capability of a tire. Tire size, speed
symbol, and load index are indicators that may be useful for technical
professionals in the field; however, it is unreasonable to expect a
typical end user to identify the maximum load and pressure using only
the markings of tire size, speed symbol, and load index. It is far more
reasonable to expect the vehicle user to overload a tire without the
explicit guidance provided by the required sidewall markings. NHTSA
believes it is necessary to label the tire to ensure the end user is
adequately informed about the maximum capability of the tire. Failing
to provide load and pressure information, both in English and Metric
units, presents a safety risk because users are deprived the
information needed to properly install, use, and service the tire.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that MNA has not met its burden of persuasion that the subject FMVSS
No. 119 noncompliance is inconsequential to motor vehicle safety.
Accordingly, NHTSA hereby denies MNA's petition and MNA is consequently
obligated to provide notification of, and a free remedy for, that
noncompliance under 49 U.S.C. 30118 and 30120.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Acting Associate Administrator, Enforcement.
[FR Doc. 2017-18628 Filed 8-31-17; 8:45 am]
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