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Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 7 February 2022 Subjects: American Government  , Safety, Tires
Topic: Michelin |
[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6942-6943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02460]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0092; 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
Michelin CrossClimate SUV replacement tires do not fully comply with
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic
Radial Tires for Light Vehicles. MNA filed a noncompliance report dated
July 31, 2020, and subsequently petitioned NHTSA on August 21, 2020,
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: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview
MNA has determined that certain Michelin CrossClimate SUV
replacement tires do not fully comply with the requirements of
paragraphs S5.5(e) and (f) of FMVSS No. 139, New Pneumatic Radial Tires
for Light Vehicles (49 CFR 571.139). MNA filed a noncompliance report
dated July 31, 2020, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. MNA subsequently petitioned
NHTSA on August 21, 2020, 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 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
Notice of receipt of MNA's petition was published with a 30-day
public comment period, on September 13, 2021, in the Federal Register
(86 FR 50949). 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-2020-0092.''
II. Tires Involved
Approximately 884 Michelin CrossClimate SUV replacement tires, size
235/55R17 99V, manufactured between October 20, 2019, and November 30,
2019, are potentially involved.
III. Noncompliance
MNA explains that the noncompliance is due to a mold error and that
as a result, the number of tread plies indicated on the sidewall of the
subject tires does not match the actual number of plies in the tire
construction as required by paragraphs S5.5(e) and (f) of FMVSS No.
139. Specifically, the tires were marked ``Tread Plies: 2 Polyester + 2
Steel + 1 Polyamide; Sidewall: 2 Polyester'' when they should have been
marked ``Tread Plies: 1 Polyester + 2 Steel + 1 Polyamide; Sidewall: 1
Polyester.''
IV. Rule Requirements
Paragraphs S5.5(e) and (f) of FMVSS No. 139 include the
requirements relevant to this petition. Each tire must be marked on
each sidewall with the information specified in paragraphs S5.5(a)
through (d) and on one sidewall with the information specified in
paragraphs S5.5(e) through (i) according to the phase-in schedule
specified in paragraph S7 of FMVSS No. 139. Specifically, each tire
should be marked with the generic name of each cord material used in
the plies (both sidewall and tread area) of the tire and the actual
number of plies in the sidewall, and the actual number of plies in the
tread area, if different.
V. Summary of MNA's Petition
The following views and arguments presented in this section, ``V.
Summary of MNA's Petition,'' are the views and arguments provided by
MNA and do not reflect the views of the Agency. MNA describes the
subject noncompliance and contends 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. Tire performance--MNA says that the subject tires have been
designed as a single ply construction. The mismarked tires have been
manufactured according to the design specification. These tires fully
comply with MNA performance requirements as well as with all applicable
FMVSS tire safety performance standards and related requirements.
b. Tire application--MNA claims that the mismarked ply information
has no direct impact on tire application. The tires are properly marked
with all other FMVSS required information including the tire size
designation, maximum load, and maximum inflation pressure. These
markings provide both dealers and consumers with the necessary
information to ensure proper selection and application of the tires.
c. Tire repair and retread--MNA also says that concerns related to
the safety of tire repair and retread personnel have been previously
raised for filings
[[Page 6943]]
involving steel carcass ply tires. The CrossClimate SUV is a passenger
car, sport utility, and light truck tire line with a polyester carcass.
The tire is not intended for retreading. The concern for service
personnel related to steel carcass construction is not relevant for
this tire line.
2. Corrective Measures
a. Upon identification of the mismarking, MNA instituted a block on
the affected SKU. A total of 782 tires were captured and retained in
MNA inventory. These tires will be repaired to display the correct
single ply marking, or they will be scrapped.
b. The tire specification drawing has been corrected and the mold
plate has been updated to show the correct single ply marking. All
tires currently being produced have the correct marking.
3. Prior NHTSA Decisions
MNA states that NHTSA has concluded in other petitions related to
the number of plies marking that this type of noncompliance is
inconsequential to safety. Examples of prior decisions include:
Sumitomo Rubber Industries, Ltd., 83 FR 13002 (March 26, 2018)
Continental Tire the Americas, LLC, 83 FR 36668 (July 30,
2018)
Cooper Tire & Rubber Company, 82 FR 17075 (April 7, 2017)
Hankook Tire America Corp., 79 FR 30688 (May 28, 2014)
Bridgestone Americas Tire Operations, LLC, 78 FR 47049 (August
2, 2013)
MNA concludes by contending 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, be granted.
VII. NHTSA's Analysis
NHTSA has evaluated the merits of MNA's petition and agrees that,
based on the facts presented, the subject noncompliance is
inconsequential to motor vehicle safety. The Agency considered the
following prior to making this determination:
1. Operational Safety & Performance: NHTSA agrees that the subject
noncompliance has no effect on the operational safety of vehicles.
Michelin stated that the affected tires meet all the applicable FMVSS
performance requirements as well as Michelin's own internal testing
requirements.
2. Tire Identification and Traceability: The tires have the
required information per 49 CFR 574.5 to ensure that the tires may be
properly registered for the purposes of a safety recall. The TIN is
both legible and easily discernible.
3. Downstream Operations: The Agency must also consider other
interested parties besides the manufacturer and end-user. Downstream
entities involved in tire repair, retreading, and recycling operations
require certain information to determine if tires may be safely used in
their operations. The existence of steel in a tire's sidewall and tread
can be relevant to the manner in which it should be repaired or
retreaded. The use of steel cord construction in the sidewall and tread
is the primary safety concern of these industries. The Agency believes
the noncompliance of the subject tires will have no measurable effect
on the safety of the tire retread, repair, and recycling industries
since the tire sidewalls are marked correctly for the number of steel
plies.
4. Public & Consumer Groups Feedback: The Agency has concluded,
based on previous feedback, that the tire construction information
(number of plies and cord material in the sidewall and tread plies)
influences very few consumers when they are deciding to buy a motor
vehicle or replacement tires. This conclusion is based on comments
submitted to the docket for 2 separate Advance Notice of Proposed
Rulemaking documents that were published in the Federal Register on
December 1, 2000, (65 FR 75222) and December 19, 2018, (84 FR 69698).
VII. NHTSA's Decision
In consideration of the foregoing, NHTSA finds that MNA has met its
burden of persuasion that the subject FMVSS No. 139 noncompliance in
the affected tires is inconsequential to motor vehicle safety.
Accordingly, MNA's petition is hereby granted and MNA is consequently
exempted from the obligation of providing notification of, and a free
remedy for, that 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 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-02460 Filed 2-4-22; 8:45 am]
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