Notice2022-14767
Michelin North America Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 12, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Michelin North America, Inc., (MNA), has determined that certain Michelin X Multi D+ replacement 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), Specialty Tires, and Tires for Motorcycles. MNA filed an original noncompliance report dated March 25, 2022. MNA subsequently petitioned NHTSA on April 19, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of MNA's petition.
Full Text
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<title>Federal Register, Volume 87 Issue 132 (Tuesday, July 12, 2022)</title>
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[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41380-41381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14767]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0040; 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 Multi D+ replacement 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), Specialty Tires, and Tires for Motorcycles. MNA filed
an original noncompliance report dated March 25, 2022. MNA subsequently
petitioned NHTSA on April 19, 2022, 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 August 11, 2022.
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:
<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 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, Office of Vehicle
Safety Compliance, NHTSA, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview: MNA determined that certain Michelin X Multi D+
replacement tires do not fully comply with paragraph S6.5(j) of FMVSS
No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more
than 4,536 kilograms (10,000 pounds), Specialty Tires, and Tires for
Motorcycles. (49 CFR 571.119).
MNA filed an original noncompliance report dated March 25, 2022,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. MNA subsequently petitioned NHTSA on April 19, 2022, for
an
[[Page 41381]]
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 160 Michelin X Multi D+,
size11R22.5, replacement tires, manufactured between May 26, 2019, and
June 29, 2019, are potentially involved.
III. Noncompliance: MNA explains that the noncompliance was due to
a mold error in which the subject tires are missing the letter
designating the tire load range as required by paragraph S6.5(j) of
FMVSS No. 119. Specifically, the sidewalls of the subject tires omit
the designated load range letter ``H.''
IV. Rule Requirements: Paragraph S6.5(j) of FMVSS No. 119 includes
the requirements relevant to this petition. The subject tires are
required to be marked on each sidewall with the tire load range letter.
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 noncompliance was found when a Michelin Field
Engineer was notified that some of the subject tires ``had a different
tread pattern than the customer was accustomed to.'' MNA explains that
the subject tires were intended for the Asia and India tire markets,
yet were certified to the applicable U.S. FMVSS, and properly labeled
with the certification symbol ``DOT.'' MNA states that the tires
``entered the U.S. through channels outside of Michelin's control.''
MNA says that the subject tires have not been sold through MNA's sales
or distribution channels. MNA also states that it has taken corrective
measures to prevent the shipping or sale of the tires by blocking the
SKUs in its internal databases.
MNA claims that the subject tires were manufactured as a load index
148 single/145 dual tire with a maximum single load rating of 3150
kilograms or 6940 pounds at 830 kPa or 120 psi cold inflation pressure
and a maximum dual load rating of 2900 kilograms or 6395 pounds at 830
kPa or 120 psi cold inflation pressure. In regard to operational
safety, MNA asserts that it tested the subject tires and found that
they comply with the necessary performance requirements required by
FMVSS No. 119. Except for the subject noncompliance, MNA also claims
that the subject tires meet all marking requirements and ``are also
marked with load indices for single and dual applications,'' which MNA
contends will ``provide both dealers and consumers with the necessary
information to enable proper selection and application of the tires.''
MNA states that it has blocked the SKU for the subject tires in its
systems to prevent shipment to the U.S. and sale through MNA. MNA also
states that the molds will be updated to include the required load
range letter designation and until then, the SKU will remain blocked in
its systems.
MNA says that NHTSA has previously granted petitions which it
believes are similar to the subject petition. MNA refers to the
granting of the petition submitted by China Manufacturers Alliance,
LLC, for 1,753,089 truck & bus radial replacement tires that were
missing the letter marking that designates the tire load range on the
tire sidewall.
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. 2022-14767 Filed 7-11-22; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on July 12, 2022.
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