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Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 18 November 2021 Subjects: American Government  , Safety, Tires
Topic: Michelin |
[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64595-64597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25113]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0035; 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 Primacy Tour A/S replacement passenger car tires do
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for Light Vehicles. MNA filed an
original noncompliance report dated March 25, 2021, and subsequently,
MNA petitioned NHTSA on April 7, 2021, 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 December 20, 2021.
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
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://www.regulations.gov by following the online instructions for
accessing the docket. 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).
FOR FURTHER INFORMATION CONTACT: Abraham Diaz, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-5310.
SUPPLEMENTARY INFORMATION:
I. Overview
MNA has determined that certain Michelin Primacy Tour A/S
replacement passenger car tires do not fully comply with the
requirements of paragraph S5.5.1(b) of FMVSS No. 139,
[[Page 64596]]
New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139). MNA
filed a noncompliance report dated March 25, 2021, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. MNA
subsequently petitioned NHTSA on April 7, 2021, 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.
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
Approximately 1,196 Michelin Primacy Tour A/S replacement passenger
car tires, size 235/65R18 106H, manufactured between January 3, 2021,
and January 23, 2021, were identified by MNA as being potentially
involved, however, MNA clarified that 1,139 tires were captured and
retained in MNA's inventory. Any decision on this petition will only
apply to the approximately 57 tires that MNA no longer controlled at
the time it determined that the noncompliance existed.
III. Noncompliance
MNA explains that the noncompliance is due to a mold error in which
the subject tires contain a tire identification number (TIN) with an
inverted plant code and, therefore, do not comply with the requirements
specified in paragraph S5.5.1(b) of FMVSS No. 139.
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No. 139 includes the requirements
relevant to this petition.
For tires manufactured on or after September 1, 2009, each
tire must be labeled with the tire identification number required by 49
CFR part 574 on the intended outboard sidewall of the tire.
Except for retreaded tires, if a tire does not have an
intended outboard sidewall, the tire must be labeled with the tire
identification number required by 49 CFR part 574 on one sidewall and
with either the tire identification number or a partial tire
identification number, containing all characters in the tire
identification number except for the date code and, at the discretion
of the manufacturer, any optional code, on the other sidewall.
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. They have not been evaluated by the Agency 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. The TIN marking noncompliance does not create any operational
safety risk for the vehicle. The tires comply with applicable FMVSS and
all other applicable regulations.
2. The incorrect orientation of the TIN plant code has no bearing
on tire performance.
3. The subject tires are marked with all other markings required
under FMVSS 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.
4. The subject tires contain the DOT symbol on both sidewalls,
thus, indicating conformance to applicable FMVSS.
[GRAPHIC] [TIFF OMITTED] TN18NO21.095
6. The plant code orientation discrepancy only exists on the
intended inboard sidewall of the tire. The intended inboard sidewall
has the correct sequence of DOT + plant code + size code + option code
+ manufacturing date, with all characters oriented in the proper
direction.
7. For identification and traceability purposes the key information
of plant code and manufacturing date is present on the tire.
8. In the event that dealer/owner notifications are required,
either the intended marking (DOT 1M3) or the actual marking (DOT
inverted ``1M3'') would serve as an identifier of the tire.
9. Upon identification of the mismarking, Michelin instituted a
block on the affected tires and initiated a sorting of inventories. A
total of 1,139 of the 1,196 tires produced with the incorrect marking
were captured and retained in Michelin inventory.
10. The plant code plate in the affected mold has been restored to
its correct orientation.
11. The mismarking has been communicated to Michelin Customer Care
representatives in order to effectively handle any inquiries from
dealers or owners regarding the subject tires.
12. MNA contends that NHTSA has concluded in other petitions
related to similar TIN marking errors that this type of noncompliance
is inconsequential to safety. Most notably, Cooper Tire & Rubber
Company, 81 FR 43708 (July 5, 2016) petitioned for tires produced with
an inverted date code. MNA states that NHTSA concluded that the
inverted marking did not affect the consumers' ability to identify the
tire and other examples exist where TIN information was incorrect,
missing, or molded in the wrong sequence and NHTSA granted the
petition.
MNA concludes 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
[[Page 64597]]
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. 2021-25113 Filed 11-17-21; 8:45 am]
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