Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 56852-56853 [2014-22525]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56852-56853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22525]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0095; 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 Pilot Street Radial replacement motorcycle tires, do not fully 
comply with paragraph S6.5(f) of 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) and Motorcycles. MNA has 
filed an appropriate report dated July 3, 2014, pursuant to 49 CFR Part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is October 23, 
2014.

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 at the beginning of this notice and be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: 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 
Federal Holidays.
     Electronically: Submit comments electronically by: logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments. 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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at https://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION: I. MNA's Petition: Pursuant to 49 U.S.C. 
30118(d) and 30120(h) (see implementing rule at 49 CFR Part 556), MNA 
submitted a petition for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    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: Affected are approximately 889 Michelin Pilot 
Street Radial motorcycle tires, involving a total of three dimensions 
(110/70 R17 54H, 130/70 R17 62H, and 140/70 R17 66H), that were 
manufactured between August 12, 2012 and December 21, 2013 in 
Phrapradaeng, Thailand.
    III. Noncompliance: MNA explains that the noncompliance is that on 
the sidewall containing the DOT Tire Identification Number (TIN,) the 
marking describing the generic material content of the casing plies for 
tread and

[[Page 56853]]

sidewall, required by paragraph S6.5(f) of FMVSS No. 119, is incorrect.
    For the subject tires, the marking reads:

 
                Tread plies                        Sidewall plies
 
2 polyamide...............................  2 polyamide
1 aramid..................................
 

    The correct marking for these tires is:

 
                Tread plies                        Sidewall plies
 
2 polyester...............................  2 polyester
1 aramid..................................
 

    V. Rule Text: Paragraph S6.5(f) of FMVSS No. 119 requires in 
pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each 
tire shall be marked on each sidewall with the information specified 
in paragraphs (a) through (j) of this section. The markings shall be 
placed between the maximum section width (exclusive of sidewall 
decorations or curb ribs) and the bead on at least one sidewall, 
unless the maximum section width of the tire is located in an area 
which is not more than one-fourth of the distance from the bead to 
the shoulder of the tire. If the maximum section width falls within 
that area, the markings shall appear between the bead and a point 
one-half the distance from the bead to the shoulder of the tire, on 
at least one sidewall. The markings shall be in letters and numerals 
not less than 2 mm (0.078 inch) high and raised above or sunk below 
the tire surface not less that 0.4 mm (0.015 inch), except that the 
marking depth shall be not less than 0.25mm (0.010 inch) in the case 
of motorcycle tires. The tire identification and the DOT symbol 
labeling shall comply with part 574 of this chapter. Markings may 
appear on only one sidewall and the entire sidewall area may be used 
in the case of motorcycle tires and recreational, boat, baggage, and 
special trailer tires. * * *
    (f) The actual number of plies and the composition of the ply 
cord material in the sidewall and, if different, in the tread area; 
* * *
    V. Summary of MNA's Analyses: MNA stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) FMVSS Safety: The subject tires meet or exceed all of the 
minimum performance requirements of FMVSS No. 119 for motorcycle tires, 
and carry on their sidewalls all the other required markings of FMVSS 
No. 119. The content of these tires is as designed; it is only the 
marking of the generic material for the casing plies which is 
inconsistent with the content. Since the generic material marking does 
not influence the purchase nor the fitment of tires to vehicles, the 
above described noncompliance is viewed by MNA to have no impact on the 
performance of the tire, nor the associated motor vehicle safety.
    (B) Tire labeling: The subject tires contain the necessary tire 
material labeling information on at least one sidewall. The number of 
reinforcing plies in the tread, and in the sidewall, are correct. It is 
the descriptor for the generic material which is not consistent with 
the actual content of the tire--``Polyamide'' in place of 
``Polyester.'' Since this marking is only on one sidewall and there is 
no other marking to compare it to, consumers will not be confused by 
the content of the marking, nor do they make purchasing decisions based 
upon this mark. Only a specialist, familiar with the differences 
between `polyamide' and `polyester', with access to the internal 
content of the tire, would recognize this discrepancy.
    (C) Market Action: This marking discrepancy has no impact on a 
consumer's, dealer's, or distributor's ability, nor our ability, to 
identify product in the event of a market action. During market 
actions, the tire dimension, brand name, load capacity, and TIN are 
used to identify tires which are to be removed from the market. The 
tire's generic material content marking would therefore not have an 
impact on a consumer's or dealer's ability to implement a market 
action.
    (D) Previous Rulings: On previous occasions, the Agency has 
reviewed other petitions for inconsequential noncompliance involving 
the descriptor for the tire's generic material content, e.g., NHTSA-
2011-0033-0003: In this case, the term ``Polyester'' was substituted 
for ``Nylon'' when describing the tread plies. NHTSA agreed with 
Goodyear that the non-compliances were inconsequential to motor vehicle 
safety. ``In the agency's judgment, the incorrect labeling of the tire 
construction information will have an inconsequential effect on motor 
vehicle safety because most consumers do not base tire purchases or 
vehicle operation parameters on the ply material in a tire.'' We 
believe that in this instance the marking non-compliances are 
inconsequential to motor vehicle safety.
    MNA has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production motorcycle tires will 
comply with FMVSS No. 119.
    In summation, MNA believes that the described noncompliance of the 
subject motorcycle tires is inconsequential to motor vehicle safety, 
and that its petition, to exempt MNA from providing recall notification 
of noncompliance as required by 49 U.S.C. 30118 and remedying the 
recall 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 motorcycle 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.

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-22525 Filed 9-22-14; 8:45 am]
BILLING CODE 4910-59-P