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

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

Topics: Michelin

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

Otto G. Matheke III
National Highway Traffic Safety Administration
3 July 2019

[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 32010-32011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14139]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0013; 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 BFGoodrich All-Terrain T/A KO2 replacement tires do not comply
with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance
report dated November 13, 2018, and subsequently petitioned NHTSA on
December 10, 2018, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces receipt of MNA's petition.

DATES: Send comments on or before August 2, 2019.

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 in the title of this notice and may be
submitted by any of the following methods:
Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://

[[Page 32011]]

www.regulations.gov by following the online instructions for accessing
the dockets. The docket ID number for this petition is shown in the
heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
I. Overview: MNA has determined that certain All-Terrain TA KO2
tires do not comply with paragraph S5.5.1(b) of FMVSS No. 139, New
Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139). MNA filed a
noncompliance report dated November 13, 2018, pursuant to 49 CFR 573,
Defect and Noncompliance Responsibility and Reports, and subsequently
petitioned NHTSA on December 10, 2018, 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, pursuant to 40 U.S.C. 30118 and 49 U.S.C. 30120,
Exemption for Inconsequential Defect or Noncompliance.
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. Equipment Involved: Approximately 415 BFGoodrich All-Terrain T/
A KO2 replacement tires, size LT275/65R20, manufactured between
September 2, 2018, and October 6, 2018, are potentially involved.
III. Noncompliance: MNA explains that the noncompliance is that the
subject tires were marked with an incorrectly sequenced Tire
Identification Number and therefore, do not meet the requirements of
paragraph S5.5.1(b) of FMVSS No. 139 Specifically, the DOT symbol was
incorrectly placed between the first and second grouping of the TIN,
when the symbol should be placed either in front of or below the TIN,
thus, both the DOT symbol and the plant code were marked in the
incorrect sequence.
IV. Rule Requirements: Paragraph S5.5.1(b) of FMVSS No. 139
includes the requirements relevant to this petition. Each tire must be
labeled with the TIN on the intended outboard sidewall of the tire, as
required by 49 CFR part 574. Either the TIN or a partial TIN should
contain all characters in the TIN, except for the date code and, at the
discretion of the manufacturer, any optional code, and must be labeled
on the other sidewall of the tire. If the tire does not have an
intended outboard sidewall, the tire must be labeled with the TIN
required by 49 CFR part 574 on one sidewall and with either the TIN,
containing all characters in the TIN except for the date code and at
the discretion of the manufacturer, any optional code, on the other
sidewall.
V. Summary of Petition: MNA described the subject noncompliance and
stated its belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, MNA submitted the following reasoning:

1. Operational Safety

a. The TIN marking noncompliance does not create any operational
safety risk for the vehicle. The tires comply with applicable FMVSSs
and all other applicable regulations.
b. The incorrect marking sequence of the DOT symbol and TIN plant
code has no bearing on tire performance.
c. The subject tires are properly marked with all other markings
required under FVMSS No. 139 such as S5.5(c) maximum permissible
inflation pressure and S5.5(d) maximum load rating. The necessary
information is available on the sidewall of the tire to ensure proper
application and usage.
d. The subject tires contain the DOT symbol on both sidewalls thus
indicating conformance to applicable FMVSS.

2. Identification & Traceability

a. All information required by 49 CFR 574.5 for Tire Identification
Number (plant code + size code + option code + date code) is present on
the sidewall of the tire.
b. The marking discrepancy only exists on one sidewall of the tire.
The opposing sidewall has the correct sequence of DOT + plant code +
size code + option code.
c. For identification and traceability purposes the key information
of plant code and manufacturing date is present on the tire.
d. In the event that dealer/owner notifications are required either
the intended marking (DOT BF) or the actual marking (BF DOT) would
serve as an identifier of the tire.

3. Proactive Measures

a. The mismarking has been communicated to BFGoodrich Customer Care
representatives in order to effectively handle any inquiries from
dealers or owners regarding the subject tires.
MNA concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from 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 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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-14139 Filed 7-2-19; 8:45 am]
BILLING CODE 4910-59-P