Notice2021-19626
Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
September 13, 2021
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
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 receipt of MNA's petition.
Full Text
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<title>Federal Register, Volume 86 Issue 174 (Monday, September 13, 2021)</title>
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[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50949-50951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19626]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0092; 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 CrossClimate SUV
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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 receipt of MNA's petition.
DATES: Send comments on or before October 13, 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:
<bullet> 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.
<bullet> 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.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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.
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 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. 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. 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 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
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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:
<bullet> Sumitomo Rubber Industries, Ltd., 83 FR 13002 (March 26, 2018)
<bullet> Continental Tire the Americas, LLC, 83 FR 36668 (July 30,
2018)
<bullet> Cooper Tire & Rubber Company, 82 FR 17075 (April 7, 2017)
<bullet> Hankook Tire America Corp., 79 FR 30688 (May 28, 2014)
<bullet> Bridgestone Americas Tire Operations, LLC, 78 FR 47049 (August
2, 2013).
MNA concludes by again 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.
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 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. 2021-19626 Filed 9-10-21; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on September 13, 2021.
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