Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Michelin
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Otto G. Matheke III
National Highway Traffic Safety Administration
22 June 2020
[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37495-37496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13297]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0013; Notice 2]
Michelin North America, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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 the grant of MNA's petition.
FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-5310, facsimile (202) 366-5930.
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.
Notice of receipt of MNA's petition was published, with a 30-day
public comment period on July 3, 2019, in the Federal Register (84 FR
32010). No Comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2019-0013.''
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 (TIN)
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.
[[Page 37496]]
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.
VI. NHTSA's Analysis
NHTSA has evaluated the merits of the inconsequential noncompliance
petition submitted by MNA and has determined that this particular
noncompliance is inconsequential to motor vehicle safety. Specifically,
the Agency considered the following when making its decision:
1. Having the DOT code and TIN code markings in the incorrect
sequence on one sidewall does not pose a risk to safety on the
subject tires. The DOT symbol is stamped within the TIN code and
still readily available in case an end-user would be in search of
the DOT symbol as a sign of the certification of the subject tires.
The symbol DOT is marked on the tire and accurately communicates the
manufacturer's certification that the tire conforms to FMVSS No 139.
2. However, while correctly marked with the symbol DOT
indicating certification of the tire, the sidewalls of one side of
the tires were marked ``BF DOT'' instead of ``DOT BF,'' which is the
correct sequence. NHTSA evaluated whether the mislabeling of the
subject tires poses a risk to safety considering the following
areas:
Operational safety: At this time, NHTSA does not foresee a
misunderstanding of the information conveyed due to the symbol DOT
being out of sequence. Therefore, NHTSA agrees with MNA that
reversing the order of the symbol DOT and plant code does not pose a
safety risk for the vehicles on which these tires are mounted or the
tires themselves.
Performance: NHTSA reviewed MNA's submission of certification
data for the subject tires. The subject tires appear to comply with
the FMVSS No. 139 performance requirements related to the endurance
requirement, high-speed requirement, plunger energy test
requirement, and bead unseat requirement. Therefore, on the basis
that the tires meet the minimum performance requirements of
applicable FMVSS, reversing the order of the symbol DOT and plant
code does not pose a safety risk.
Identification and Traceability: A complete TIN is present with
the plant code, size code, optional code, and date code on the
sidewalls of the tires. One sidewall has an incorrect sequence while
the correct sequence as stamped ``DOT BF'' is present and readily
available on the opposite sidewall of the full TIN. MNA has ensured,
for identification and traceability purposes, the key information
(i.e. plant code and manufacturing date) is present on the tire. The
markings ``DOT BF'' and ``BF DOT'' serve as identifiers of the tire,
making it traceable in the event a recall should occur. MNA has
notified its customer care representatives so they can properly
address inquiries raised by customers or dealers about this
noncompliance. In addition, MNA has communicated to NHTSA that
although erroneously marked ``BF DOT'' instead of ``DOT BF,'' the
tires will be able to be registered for traceability.
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that MNA has met its
burden of persuasion that the FMVSS No. 139 noncompliance is
inconsequential as it relates to motor vehicle safety. Accordingly,
MNA's petition is hereby granted and MNA is exempted from the
obligation of providing notification of, and a remedy for, the
noncompliance under 49 U.S.C. 30118 and 30120.
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, this decision
only applies to the subject tires that MNA no longer controlled at the
time it determined that the noncompliance existed.
However, the granting of 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. 2020-13297 Filed 6-19-20; 8:45 am]
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