Notice2025-21529
Michelin North America, Inc., Grant 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
November 28, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
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 on January 10, 2023, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of MNA's petition.
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54864-54865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21529]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2023-0004; Notice 2]
Michelin North America, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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 on January 10, 2023, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This document announces the grant of MNA's petition.
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.
Notice of receipt of MNA's petition was published with a 30-day
public comment period, on March 29, 2024, in the Federal Register (89
FR 22228). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Then follow the online
search instructions to locate docket number ``NHTSA-2023-0004.''
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. 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.
IV. 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.
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 do not reflect the views of
NHTSA. 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
[[Page 54865]]
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 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:
<bullet> Michelin North America, Inc., docket number NHTSA-2006-
25891, granted 22 December 2006.
<bullet> 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.
VI. NHTSA's Analysis: In determining inconsequentiality of a
noncompliance, NHTSA focuses on the safety risk to individuals who
experience the type of event against which a recall would otherwise
protect.\1\ In general, NHTSA does not consider the absence of
complaints or injuries when determining if a noncompliance is
inconsequential to safety. The absence of complaints does not mean
vehicle occupants have not experienced a safety issue, nor does it mean
that there will not be safety issues in the future.\2\ Further, because
each inconsequential noncompliance petition must be evaluated on its
own facts and determinations are highly fact-dependent, NHTSA does not
consider prior determinations as binding precedent. Petitioners are
reminded that they have the burden of persuading NHTSA that the
noncompliance is inconsequential to safety.
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\1\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\2\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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NHTSA has evaluated the merits of the inconsequential noncompliance
petition submitted by Michelin and agrees to grant the petitioner's
request for an exemption from the notification and remedy requirements
of 49 U.S.C. 30118 and 49 U.S.C. 30120 based on the following:
The tires that are the subject of this petition are designed and
manufactured to have a higher maximum load than the erroneous value in
pounds that is marked on the sidewall for a dual configuration. Because
of this, consumers who follow those marked load values in pounds will
not be in danger of overloading the tires. NHTSA has no basis to
believe that the tires are not compliant with all other requirements of
FMVSS No. 119.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA
finds that MNA has met its burden of persuasion that the subject FMVSS
No. 119 noncompliance in the affected tires is inconsequential to motor
vehicle safety. Accordingly, MNA's petition is hereby granted and MNA
is consequently exempted from the obligation of providing notification
of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and
30120.
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, this decision
only applies to the subject tires that MNA no longer controlled at the
time it determined that the noncompliance existed. However, the
granting of 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. 2025-21529 Filed 11-26-25; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on November 28, 2025.
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