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

American Government Special Collections Reference Desk

American Government Trucking Topics:  Michelin

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

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
25 May 2017


[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24205-24206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10745]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0103; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Mootness of Petition.

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SUMMARY: Michelin North America, Inc. (MNA), has determined that 
certain Michelin heavy truck 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 18, 
2015. MNA then petitioned NHTSA on October 1, 2015, for a decision that 
the subject noncompliance is inconsequential as it relates to motor 
vehicle safety.

FOR FURTHER INFORMATION CONTACT: 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) 366-5930.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Michelin North America, Inc. (MNA), has determined that certain 
Michelin heavy truck tires do not fully comply with paragraphs S6.5(a) 
and (j) of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New 
Pneumatic Tires for Motor Vehicles with a GVWR of

[[Page 24206]]

More than 4,536 kilograms (10,000 pounds) and Motorcycles. MNA has 
filed a report dated September 18, 2015, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. MNA then 
petitioned NHTSA on October 1, 2015, pursuant to 49 U.S.C. 30118(d) and 
30120(h) (see implementing rule 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 19, 2015 in the Federal Register (80 
FR 72483). 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-2015-0103.''

II. Tires Involved

    Affected are approximately 247 Michelin X Works XZY size 315/
80R22.5 156/150K heavy truck tires that were manufactured between 
January 1, 2011 and July 31, 2015.

III. Noncompliance

    MNA describes the noncompliance's as the inadvertent omission from 
the tires sidewall of the letter marking that designates the tire load 
range as required by paragraph S6.5(j) and the symbol ``DOT'' 
confirming certification as required by paragraph S6.5(a) of FMVSS No. 
119.

IV. Rule Text

    Paragraph S6.5 of FMVSS No. 119 requires 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. . . .
    (a) The symbol DOT, which shall constitute a certification that 
the tire conforms to applicable Federal Motor Vehicle Safety 
standards. This symbol may be marked on only one sidewall. . . .
    (j) The letter designating the tire Load Range.

V. Summary of MNA's Petition

    MNA believes that while it did not intend to release the subject 
tires for sale in the US market, and therefore did not mark the tires 
accordingly, it believes that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) Maximum Load Rating: The subject tires are marked on both 
sidewalls with the European Tyre and Rim Technical Organisation (ETRTO) 
published load capacities in pounds and kilograms for single and dual 
application in the format specified by FMVSS No. 119. MNA believes that 
this marking provides sufficient information to ensure the proper 
application of the tire.
    (2) Load Index: The subject tire is marked with the [International 
Organization for Standardization] ISO load indices for single and dual 
application as specified by the ETRTO standard. MNA believes that ISO 
load indices are widely recognized within the industry and thus provide 
additional information to ensure the proper application of the tire.
    (3) Other Markings: All other markings specified by FMVSS No. 119 
are present on the tire including the full tire identification number 
(TIN).
    (4) Performance: The subject tire meets all performance 
requirements of FMVSS No. 119. MNA believes that the subject 
noncompliances have no impact on the load carrying capacity of the tire 
on a motor vehicle, nor on motor vehicle safety itself.
    (5) Vehicle Fitment: Paragraph S6 of FMVSS No. 119 requires that 
the marking should contain load capacity values in pounds and kilograms 
as well as a letter designating the load range. This information is 
used by vehicle owners to ensure adequate tire load capacity for the 
specific vehicle configuration. Although the subject tire lacks the 
letter designating the load range, MNA believes that the ETRTO standard 
load capacity values and ISO load indices for single and dual 
application which are widely recognized in the industry are present to 
ensure proper application.
    (6) MNA has additionally informed NHTSA that it has corrected its 
internal systems error to prevent similar tires from being released for 
sale in the U.S. market in the future.
    In summation, MNA believes that the described noncompliances of the 
subject tires is inconsequential to motor vehicle safety, and that its 
petition, to exempt MNA from providing recall notification of 
noncompliances as required by 49 U.S.C. 30118 and remedying the recall 
noncompliance as required by 49 U.S.C. 30120 should be granted.

VI. NHTSA'S Decision

    As part of a settlement agreement for violations of 49 U.S.C. 
30115(a) and 49 U.S.C. 30112(a)(1), MNA agreed to conduct a 
notification and remedy campaign for the affected tires,\1\ therefore 
this petition is moot. Refer to Docket No. NHTSA-2015-0103 for more 
information about the settlement agreement.
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    \1\ NHTSA ID 15T-020.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
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49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-10745 Filed 5-24-17; 8:45 am]
 BILLING CODE 4910-59-P

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