Notice2025-03301
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
February 28, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Michelin North America, Inc. (MNA) has determined that certain Uniroyal Laredo AT and Laredo HT 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 November 3, 2023, and subsequently petitioned NHTSA (the "Agency") on November 28, 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.
Full Text
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<title>Federal Register, Volume 90 Issue 39 (Friday, February 28, 2025)</title>
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[Federal Register Volume 90, Number 39 (Friday, February 28, 2025)]
[Notices]
[Pages 10985-10986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03301]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0008; 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
Uniroyal Laredo AT and Laredo HT 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 November 3, 2023, and subsequently petitioned NHTSA (the
``Agency'') on November 28, 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 March 31, 2025.
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, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0546.
SUPPLEMENTARY INFORMATION:
I. Overview: MNA determined that certain Uniroyal Laredo AT and
Laredo HT replacement tires do not fully comply with paragraphs S5.5(a)
and S5.5.1 of FMVSS No. 139, New Pneumatic Radial Tires for Light
Vehicles (49 CFR 571.139).
MNA filed a noncompliance report dated November 3, 2023, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. MNA petitioned NHTSA on November 28, 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 251,209 Uniroyal Laredo AT and
Laredo HT, manufactured between January 15, 2023, and October 29, 2023,
were reported by the manufacturer.
III. Rule Requirements: Paragraphs S5.5(a) and S5.5.1 of FMVSS No.
139 and 49 CFR 574.5(b) include the requirements relevant to this
petition. Paragraph S5.5(a) requires each tire to be labeled on each
sidewall with the symbol DOT, which constitutes a certification that
the tire conforms to applicable FMVSSs. Paragraph S5.5.1 requires that
each tire (manufactured on or after September 1, 2009) must be labeled
with the TIN, as required by 49 CFR part 574, on the intended outboard
sidewall of the tire. Additionally, the TIN or a partial TIN (which
includes all characters except for the date code and, optionally, any
additional code at the manufacturer's discretion) must be labeled on
the other sidewall of the tire.
IV. Noncompliance: MNA explains that the noncompliance is due to a
mold error in which the subject tires are missing the required DOT
symbol and the full or partial tire identification number (TIN) on one
of the two sidewalls and therefore, do not comply with paragraphs
S5.5(a) and S5.5.1 of FMVSS No. 139. The tires do have the required DOT
symbol (and TIN) on the other sidewall.
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 an initial mold drawing, which was missing the
required DOT symbol and TIN marking instructions for the affected
sidewall plate, was used to create drawings for 65 additional tire
sizes. As a result, a total of 66 tire sizes, in the Laredo AT and
Laredo HT tire lines are affected by the subject noncompliance.
MNA asserts that the subject tires were both designed and
manufactured according to ETRTO standards and that they meet all
applicable FMVSS tire safety performance standards. Further, MNA
indicates that the subject tires are correctly marked with the tire
size information, along with the load range and maximum load in
accordance with ETRTO standards. Moreover, MNA highlights that the DOT
symbol and the
[[Page 10986]]
full TIN are present on the other sidewall of the subject tires.
After discovering the subject noncompliance on October 19, 2023,
MNA took the molds out of production. MNA says that the molds are
currently undergoing repairs and will be returned to service once they
comply with the applicable FMVSSs.
Based on the root cause analysis by MNA and Multistrada plant
representatives, it was determined that the ``marking test'' procedure
was not performed. To address this, updated documentation now requires
``marking tests'' for every tire size beginning production at the
Multistrada plant. MNA says these tests will be reviewed by the Tire
Designers, the Standards and Regulations team, and the Mold Designers
to ensure compliance with the applicable FMVSSs. Furthermore, MNA says
that additional training will be provided to Tire Designers and Mold
Designers developing products manufactured at Multistrada to ensure
they are knowledgeable about U.S. market regulations.
MNA asserts that the subject tires meet all applicable FMVSS tire
safety performance standards and contain the DOT symbol and full TIN on
the opposite sidewall. In the event of a future recall of Laredo AT or
Laredo HT tires, MNA proposes to accept not only the tires specified in
the recall, but also any Laredo AT or Laredo HT tires that are missing
the DOT symbol, regardless of their date of manufacture. As a result,
MNA says consumers will be able to determine if a tire is being
recalled by a simple inspection from the side of the vehicle, thereby
eliminating the need for consumers to inspect the inside sidewalls with
a flashlight, remove and replace the subject tires, or seek assistance
from a garage or service station to record the TIN.
MNA believes that by accepting all Laredo AT or Laredo HT tires
without the DOT symbol on one sidewall in the event of a future recall,
the difficulty and inconvenience for consumers to obtain the TIN would
be removed. MNA states that this approach would increase the number of
motorists responding to a recall campaign and reduce the likelihood of
them continuing to drive vehicles with potentially unsafe tires.
Additionally, MNA contends that since the date of manufacture is
visible on the side with the full TIN, consumers can determine the age
of the tire.
Michelin also notes that paragraph S6.5 of FMVSS No. 119, which
pertains to light truck tires with a tread depth of 18/32 inch or
greater, does not require the DOT symbol nor the TIN on both sidewalls.
The subject tires, which can be purchased for light truck consumer use,
are not considered to pose a safety risk in the event of a recall
notification.
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. 2025-03301 Filed 2-27-25; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on February 28, 2025.
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