Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 78561-78562 [2014-30241]
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
during lamp function each time the
vehicle is started. If not familiar with its
meaning, the owner’s manual can be
referenced which will explain the
relationship with the brake system. Over
time, the ISO symbol has evolved to
become increasingly recognizable and
understandable to drivers so if activated
they would likely be alerted to a
possible brake system malfunction. We
further believe drivers recognize that a
telltale illuminated in red, even if
unlabeled, represents a malfunction
which needs to be remedied.
We believe that the combination of
the red contrasting color of the ISO
symbol, driver conditioning over time as
to the meaning of the ISO symbol, the
vehicle message center warning for the
Cherokee indicating parking brake
applied, the noticeable position of the
DART parking brake lever when
applied, the reduced drivability of the
vehicles when the vehicle is driven with
an applied parking brake, the message
center warning ‘‘Low Brake Fluid’’ for
both vehicles which remains activated
until the condition is corrected, as well
as the availability of the description of
ISO symbol in the Owner’s manual are
sufficient to adequately alert the driver
should the indicated problems in the
braking system occur.
The manufacturer has shown that the
discrepancy with the labeling
requirement is unlikely to lead to any
misunderstanding especially since other
sources of correct information beyond
the ISO symbol, are available. Lastly, we
note that NHTSA has not received any
consumer complaints regarding subject
vehicles noncompliances.
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
Chrysler has met its burden of
persuasion that the FMVSS No. 101 and
FMVSS No. 135 noncompliances are
inconsequential to motor vehicle safety.
Accordingly, Chrysler’s petition is
hereby granted and Chrysler is
exempted from the obligation of
providing notification of, and a 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 vehicles that Chrysler no
longer controlled at the time it
determined that the noncompliance
VerDate Sep<11>2014
21:42 Dec 29, 2014
Jkt 235001
existed. However, the granting of this
petition does not relieve Chrysler
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after Chrysler 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. 2014–30240 Filed 12–29–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0095; Notice 2]
Michelin North America, Inc., Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
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.
ADDRESSES: For further information on
this decision contact Abraham Diaz,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5310, facsimile (202) 366–
5930.
SUPPLEMENTARY INFORMATION: I. MNA’s
Petition: Pursuant to 49 U.S.C. 30118(d)
and 30120(h) and the rule implementing
those provisions at 49 CFR part 556,
MNA has petitioned 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.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on September 23, 2014
in the Federal Register (FR 56852). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2014–
0095.’’
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
sidewall, required by paragraph S6.5(f)
of FMVSS No. 119, is incorrect.
For the subject tires, the marking
reads:
Tread plies
2 polyamide
1 aramid
Frm 00181
Fmt 4703
Sfmt 4703
Sidewall plies
2 polyamide
........................
The correct marking for these tires is:
Tread plies
SUMMARY:
PO 00000
78561
2 polyester
1 aramid
Sidewall plies
2 polyester
........................
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.
. . . 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) 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
E:\FR\FM\30DEN1.SGM
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mstockstill on DSK4VPTVN1PROD with NOTICES
78562
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
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) 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) 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) MNA stated its belief that NHTSA
has granted previous petitions for
inconsequential noncompliance
involving noncompliant ply-cord
generic material content labeling. For
example, the term ‘‘Polyester’’ was
substituted for ‘‘Nylon’’ in a tread ply
labeling noncompliance for which a
petition was filled by Goodyear Tire and
Rubber Company (Goodyear). In that
case, NHTSA agreed with Goodyear that
the non-compliance was
inconsequential to motor vehicle safety.
See 77 FR 2775.
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.
VerDate Sep<11>2014
21:42 Dec 29, 2014
Jkt 235001
NHTSA Decision
NHTSA Analysis: The agency agrees
with MNA that the noncompliance is
inconsequential to motor vehicle safety.
The agency believes that the true
measure of inconsequentiality to motor
vehicle safety in this case is that there
is no effect of the noncompliances on
the operational safety of vehicles on
which these tires are mounted.
Although tire construction affects the
strength and durability, neither the
agency nor the tire industry provides
information relating tire strength and
durability to the number of plies and
types of ply cord material in the tread
and sidewall. Therefore, tire dealers and
customers should consider the tire
construction information along with
other information such as load capacity,
maximum inflation pressure, and tread
wear, temperature, and traction ratings,
to assess performance capabilities of
various tires.
In the agency’s judgment, the
incorrect labeling of the tire
construction information in this
instance 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.
NHTSA Decision: In consideration of
the foregoing, NHTSA has decided that
MNA has met its burden of persuasion
that the FMVSS No. 119 noncompliance
is inconsequential to motor vehicle
safety. Accordingly, MNA’s petition is
hereby granted and MNA is exempted
from the obligation of providing
notification of, and a 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
noncompliant tires that MNA no longer
controlled at the time it determined that
the noncompliance existed. However,
the granting of this petition does not
relieve vehicle 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.
PO 00000
Frm 00182
Fmt 4703
Sfmt 4703
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. 2014–30241 Filed 12–29–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0083; Notice 2]
China Manufacturers Alliance, LLC,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
China Manufacturers
Alliance, LLC (CMA) and Double Coin
Holdings, Ltd (DCHL) have determined
that certain Double Coin and Dynatrac
brand truck & bus radial replacement
tires that were imported by CMA and
manufactured by DCHL do not fully
comply with paragraph S6.5 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. CMA and DCHL filed an
appropriate report dated June 17, 2014,
pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
ADDRESSES: For further information on
this decision contact Abraham Diaz,
Office of Vehicle Safety Compliance,
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5310, facsimile (202) 366–
5930.
SUPPLEMENTARY INFORMATION:
I. CMA and DCHL’s Petition: Pursuant
to 49 U.S.C. 30118(d) and 30120(h) and
the rule implementing those provisions
at 49 CFR part 556, CMA and DCHL
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.
Notice of receipt of CMA and DCHL’s
petition was published, with a 30-Day
public comment period, on September
15, 2014 in the Federal Register (79 FR
55068). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
SUMMARY:
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78561-78562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30241]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0095; 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.
-----------------------------------------------------------------------
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.
ADDRESSES: For further information on this decision contact Abraham
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile
(202) 366-5930.
SUPPLEMENTARY INFORMATION: I. MNA's Petition: Pursuant to 49 U.S.C.
30118(d) and 30120(h) and the rule implementing those provisions at 49
CFR part 556, MNA has petitioned 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.
Notice of receipt of the petition was published, with a 30-day
public comment period, on September 23, 2014 in the Federal Register
(FR 56852). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2014-0095.''
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 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. . . . 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) 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
[[Page 78562]]
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) 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) 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) MNA stated its belief that NHTSA has granted previous petitions
for inconsequential noncompliance involving noncompliant ply-cord
generic material content labeling. For example, the term ``Polyester''
was substituted for ``Nylon'' in a tread ply labeling noncompliance for
which a petition was filled by Goodyear Tire and Rubber Company
(Goodyear). In that case, NHTSA agreed with Goodyear that the non-
compliance was inconsequential to motor vehicle safety. See 77 FR 2775.
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 Decision
NHTSA Analysis: The agency agrees with MNA that the noncompliance
is inconsequential to motor vehicle safety. The agency believes that
the true measure of inconsequentiality to motor vehicle safety in this
case is that there is no effect of the noncompliances on the
operational safety of vehicles on which these tires are mounted.
Although tire construction affects the strength and durability, neither
the agency nor the tire industry provides information relating tire
strength and durability to the number of plies and types of ply cord
material in the tread and sidewall. Therefore, tire dealers and
customers should consider the tire construction information along with
other information such as load capacity, maximum inflation pressure,
and tread wear, temperature, and traction ratings, to assess
performance capabilities of various tires.
In the agency's judgment, the incorrect labeling of the tire
construction information in this instance 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.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that MNA has met its burden of persuasion that the FMVSS No.
119 noncompliance is inconsequential to motor vehicle safety.
Accordingly, MNA's petition is hereby granted and MNA is exempted from
the obligation of providing notification of, and a 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 noncompliant tires that MNA no longer
controlled at the time it determined that the noncompliance existed.
However, the granting of this petition does not relieve vehicle
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. 2014-30241 Filed 12-29-14; 8:45 am]
BILLING CODE 4910-59-P
