Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Michelin
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
10 November 2016
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 79093-79094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27118]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0094; 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 MNA tires do not fully comply with paragraph S6.5(d) of 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 report dated September 1, 2016, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. MNA then petitioned NHTSA under 49 CFR part 556 for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety.
DATES: The closing date for comments on the petition is December 12,
2016.
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 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 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
Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site 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 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
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their implementing
regulations at 49 CFR part 556, MNA submitted a petition 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.
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
Affected are approximately 184 Michelin Pilot Power 3 size 180/
55ZR17 M/C (73W) replacement tires manufactured between April 17, 2016,
and May 7, 2016 that are primarily intended for street use on sport
motorcycles.
III. Noncompliance
MNA describes the noncompliance as the inadvertent omission of the
markings that designate the maximum load and corresponding inflation
pressure for the load, as required by paragraph S6.5(d) of FMVSS No.
119.
IV. Rule Text
Paragraph S6.5(d) of FMVSS No. 119 provides, 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 . . .
(d) The maximum load rating and corresponding inflation pressure
of the tire, shown as follows:
(Mark on tires rated for single and dual load): Max load single
__kg (__lb) at __kPa (__psi) cold. Max load dual __kg (__lb) at
__kPa (__psi) cold.
[[Page 79094]]
(Mark on tires rated only for single load): Max load __kg (__lb)
at __kPa (__psi) cold . . .
V. Summary of MNA's 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:
(a) Installation--The subject tires provide sidewall markings that
include the correct industry standard tire size identified as ``180/
55ZR17 M/C,'' the service description identified as ``(73W)'' using an
ISO load index and speed symbol, and the load range identified as Load
Range ``B.'' This properly and precisely identifies the tire for
correct installation.
(b) Inflation Pressure--The correct application pressures for the
front and rear positions are identified on the motorcycle vehicle
placard as required by 49 CFR part 567 and in the owner's manual, and
these sources are referred to specifically in information published by
NHTSA, motorcycle manufacturers, and tire manufacturers. The inflation
pressures furnished by the motorcycle manufacturer via these two
sources are the pressures that provide the load capacity and optimum
ride and handling characteristics specific to the application. The
sidewall marking is not cited as a source for the recommended operating
inflation pressure.
a. For example, NHTSA's online ``Motorcycle Safety Tips''
specifically refers to the owner's manual and vehicle placard: ``Look
in your motorcycle owner's manual to find the right PSI (pounds per
square inch) of air pressure for your tires. Some bike manufacturers
also list this information on the bike itself. Common locations include
the swing arm, front fork tubes, inside the trunk, and under the
seat.''
b. Additionally, the Motorcycle Industry Council Tire Guide
explains, ``Check the air pressure when the tires are cold. . .and
adjust it according to your motorcycle owner's manual or the tire
information label on the chain guard, frame, or swingarm.''
c. Similarly, Michelin's Professional Motorcycle Tire Guide 2016
states: ``Use the inflation pressure recommended by the motorcycle
manufacturer . . . The proper inflation pressures for your motorcycle
tires are shown in your motorcycle owner's manual.''
d. The applicable pressure is also a function of the maximum speed
capability of the motorcycle, another reason that the proper source for
tire inflation pressure is the motorcycle vehicle placard or owner's
manual rather than the tire sidewall.
e. Michelin's Professional Motorcycle Tire Guide 2016 and the
Motorcycle Industry Tire Guide both advise not to exceed the pressure
marked on the sidewall when setting a usage pressure. However, the
recommended pressure on the motorcycle vehicle placard and the
motorcycle owner's manual conforming to 49 CFR 571.120 will never
exceed the sidewall pressure for a properly fitted tire as described
above in section ``A'' (Installation). The tire size, load index, speed
symbol, and load range all provide for proper installation.
Additionally, the sidewall pressure is not a ``maximum'' pressure. It
is the pressure corresponding to the maximum load. For example,
Michelin's Professional Motorcycle Tire Guide 2016 advises that the
pressure regulator be set at 60 psi for mounting motorcycle tires, and
the Michelin motorcycle Web site FAQ section explains that up to 60 psi
of pressure can be used to seat beads when mounting motorcycle tires
and then adjusted to the recommended pressure found on the vehicle
placard or owner's manual. The sidewall pressure corresponding to the
maximum load on the subject tire is 290 kPa or 42 psi.
(c) Max Load Information--The maximum load value corresponding to
the ISO load index on the tire is published in Michelin's Professional
Motorcycle Tire Guide 2016 available online, the Motorcycle Industry
Council Tire Guide available online, as well as a number of retail
sites. The ISO load index of ``73'' and the designation Load Range
``B'' that are present on the tire provide load description
information, and along with the tire size they provide a clear cross
reference to the cited publications that offer the load value in pounds
if needed. Again, the tire size and load range provided are sufficient
to assure the tire is appropriate for the motorcycle and corresponding
pressure requirements as a function of speed capability are provided on
the vehicle placard as well as the owner's manual.
(d) Other Markings--All other markings conform to the applicable
regulations.
(e) Performance--The subject tire meets all performance
requirements of FMVSS No. 119.
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 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)
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-27118 Filed 11-9-16; 8:45 am]
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