Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

Issuing agencies

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 the grant of MNA's petition.

Full Text

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<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
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[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Notices]
[Pages 55429-55430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17472]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0008; 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 
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 the grant of MNA's petition.

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.
    Notice of receipt of MNA's petition was published with a 30-day 
public comment period, on February 28, 2025, in the Federal Register 
(90 FR 10985). Two 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-2024-0008.''
    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 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 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.
    In January 2019 MNA purchased a majority share of PT Multistrada 
Arah Sarana (Multistrada). 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

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tires, MNA proposes to accept not only the tires specified in the 
recall, but also any Laredo AT or Laredo HT tire that is missing the 
DOT symbol on one side, 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 
that do not have the DOT symbol on one of the sidewalls, 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.
    MNA 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.
    VI. Public Comments: NHTSA received two comments concerning MNA's 
petition, one from an anonymous commenter and the other from Mr. Jerry 
Tyler Barnes. The anonymous commenter emphasizes the importance of tire 
manufacturers following safety regulations and highlights the value of 
warranties in protecting consumers from defects. The commenter mentions 
experiencing an unexpected tire issue and states that these kinds of 
issues are a safety concern. Mr. Barnes was of the opinion that the 
subject noncompliance does not pose a significant risk to motor vehicle 
safety, but it does inconvenience consumers and retailers when they 
need to identify the DOT symbol and TIN. Therefore, Mr. Barnes believes 
that the subject tires should be offered for sale at a discount or have 
their purchase price refunded.
    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 petition submitted by MNA and 
is granting MNA's request for relief from notification and remedy based 
on the following:
    1. Based on its review of the information MNA submitted, NHTSA has 
no basis to believe that the tires do not meet the performance and 
labeling requirements of FMVSS No. 139, except for the missing symbol 
``DOT'' and partial TIN on one sidewall.
    2. The tires are correctly marked with all size, loading, and 
inflation information on both tire sidewalls, thus reducing the risk of 
incorrect vehicle application.
    3. Both the full tire identification number (TIN) and symbol 
``DOT'' are present and correct on one sidewall; therefore, the tires 
will be able to be registered.
    Comments received for this petition communicate the public's desire 
for tire manufacturers to comply with all applicable regulations to 
ensure public safety. The agency concurs with this sentiment and 
believes that the subject noncompliance does not pose a risk to motor 
vehicle safety. Although the agency is granting the petition for 
inconsequential noncompliance the Safety Act prevents the sale of 
noncompliant motor vehicle equipment, and therefore the subject tires, 
as one commenter suggested.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA 
finds that MNA has met its burden of persuasion that the subject FMVSS 
No. 139 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, 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. 2026-17472 Filed 8-26-26; 8:45 am]
BILLING CODE 4910-59-P


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