Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
| Published date | 29 March 2024 |
| Record Number | 2024-06670 |
| Citation | 89 FR 22228 |
| Court | National Highway Traffic Safety Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 62 (Friday, March 29, 2024)
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22228-22229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06670]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2023-0004; 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 X Works D 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, Speciality
Tires, and Tires for Motorcycles. MNA filed a noncompliance report
dated December 16, 2022, and January 11, 2023, and subsequently
petitioned NHTSA (the ``Agency'') on January 10, 2023, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This document announces receipt of MNA's
petition.
DATES: Send comments on or before April 29, 2024.
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 may be
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
[[Page 22229]]
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).
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview: MNA determined that certain Michelin X Works D tires
do not fully comply with paragraph S6.5(d) of FMVSS No. 119, New
Pneumatic Tires for Motor Vehicles with a GVWR of More Than 4,536
kilograms (10,000) pounds, Speciality Tires, and Tires for Motorcycles
(49 CFR 571.119).
MNA filed a noncompliance report dated December 16, 2022, and
amended the report on January 11, 2023, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. MNA petitioned
NHTSA on January 10, 2023, 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
another exercise of judgment concerning the merits of the petition.
II. Tires Involved: Approximately 14,047 Michelin X Works D tires,
manufactured between January 1, 2021, and September 14, 2022, were
reported by the manufacturer.
III. Noncompliance: MNA explains that the noncompliance is that the
maximum dual load in pounds is incorrectly marked on both sides of the
tire and therefore does not comply with paragraph S6.5 (d) of FMVSS No.
119. Specifically, the tires state the maximum dual load as 5,590
pounds at 120 psi, when they should state 6,005 pounds at 120 psi.
IV. Rule Requirements: Paragraph S6.5(d) of FMVSS No. 119, includes
the requirements relevant to this petition. Except as specified in
paragraph S6.5, each tire must be marked on each sidewall with the
information specified in paragraphs (a) through (j) of paragraph S6.5.
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.
MNA explains that the subject noncompliance was detected during a
review of markings for this tire line. MNA says that the mold drawings
were corrected for future production upon detection of the subject
noncompliance. MNA's investigation of the affected tires concluded that
all tires produced with the marking error had entered the market.
First, MNA states that the subject tires were designed and
manufactured in accordance with Tire and Rim Association standards,
which specify a single max load of 3,000 kg (6,610 lbs) and a dual max
load of 2,725 kg (6,005 lbs), both at an inflation pressure of 830 kPa
(120 psi). Further, MNA asserts that the subject tires fully comply
with all applicable FMVSS tire safety performance standards. MNA
highlights that paragraph S7.2(a) of FMVSS No. 119 provides that
endurance testing is conducted at the maximum single load value when
the tire is marked with both single and dual maximum loads. MNA notes
that the correct single load values in kilograms and pounds are marked
on the tire. Further, MNA states that except for the max dual load
marking in pounds on both sides of the tire, the affected tires
correctly display all other required regulatory markings, including
load range H corresponding to the designed maximum single load of 3,000
kilograms or 6,610 pounds, the maximum dual load of 2,725 kilograms, as
well as the correct inflation pressure of 830 kPa or 120 psi.
MNA reiterates that the subject tires are properly marked with the
maximum single and dual loads in kilograms, as well as the correct
inflation pressure in kPa and psi. MNA explains that these markings
provide both dealers and fleets with the necessary information to
enable proper selection and application of the tires. MNA says that if
a dealer or fleet were to follow the erroneous maximum dual load in
pounds marked on the subject tires, the resulting tire loading would be
55 pounds below the designed maximum dual load of this tire.
MNA states that it has taken corrective measures in production and
all tires currently being produced have the correct marking.
MNA refers to the following NHTSA petition decisions that it
contends are similar to the subject noncompliance:
Michelin North America, Inc., docket number NHTSA-2006-
25891, granted 22 December 2006.
Goodyear Tire and Rubber Company, docket number NHTSA-
2005-21269, granted 18 July 2005.
MNA concludes by stating its belief that the subject noncompliance
is inconsequential as it relates to motor vehicle safety and 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-06670 Filed 3-28-24; 8:45 am]
BILLING CODE 4910-59-P
