Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 72483-72484 [2015-29473]

Download as PDF Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices decision only applies to the subject vehicles that MMNA 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 vehicles under their control after MMNA 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, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–29472 Filed 11–18–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0103; Notice 1] Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Michelin North America, Inc. (MNA), has determined that certain Michelin heavy truck tires do not fully comply with paragraphs S6.5(a) and (j) 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 September 18, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is December 21, 2015. 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 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– mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 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 http:// 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, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// 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 http:// 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 above 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. Overview: 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 247 Michelin X Works PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 72483 XZY size 315/80R22.5 156/150K heavy truck tires that were manufactured between January 1, 2011 and July 31, 2015. III. Noncompliance: MNA describes the noncompliance’s as the inadvertent omission from the tires sidewall of the letter marking that designates the tire load range as required by paragraph S6.5(j) and the symbol ‘‘DOT’’ confirming certification as required by paragraph S6.5(a) of FMVSS No. 119. IV. Rule Text: Paragraph S6.5 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. . . . (a) The symbol DOT, which shall constitute a certification that the tire conforms to applicable Federal Motor Vehicle Safety standards. This symbol may be marked on only one sidewall. . . . (j) The letter designating the tire Load Range. V. Summary of MNA’s Petition: MNA believes that while it did not intend to release the subject tires for sale in the U.S. market, and therefore did not mark the tires accordingly, it believes that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) Maximum Load Rating: The subject tires are marked on both sidewalls with the European Tyre and Rim Technical Organization (ETRTO) published load capacities in pounds and kilograms for single and dual application in the format specified by FMVSS No. 119. MNA believes that this marking provides sufficient information to ensure the proper application of the tire. (2) Load Index: The subject tire is marked with the [International Organization for Standardization] ISO load indices for single and dual application as specified by the ETRTO standard. MNA believes that ISO load indices are widely recognized within the industry and thus provide additional information to ensure the proper application of the tire. (3) Other Markings: All other markings specified by FMVSS No. 119 are present on the tire including the full tire identification number (TIN). (4) Performance: The subject tire meets all performance requirements of FMVSS No. 119. MNA believes that the subject noncompliances have no impact on the load carrying capacity of the tire on a motor vehicle, nor on motor vehicle safety itself. E:\FR\FM\19NON1.SGM 19NON1 72484 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices (5) Vehicle Fitment: Paragraph S6 of FMVSS No. 119 requires that the marking should contain load capacity values in pounds and kilograms as well as a letter designating the load range. This information is used by vehicle owners to ensure adequate tire load capacity for the specific vehicle configuration. Although the subject tire lacks the letter designating the load range, MNA believes that the ETRTO standard load capacity values and ISO load indices for single and dual application which are widely recognized in the industry are present to ensure proper application. MNA has additionally informed NHTSA that it has corrected its internal systems error to prevent similar tires from being released for sale in the U.S. market in the future. In summation, MNA believes that the described noncompliances of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt MNA from providing recall notification of noncompliances 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 tires that MNA no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve equipment 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, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–29473 Filed 11–18–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0139; Notice 2] Aston Martin Lagonda Limited, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Aston Martin Lagonda Limited (AML) has determined that SUMMARY: certain model year (MY) 2009–2013 Aston Martin passenger cars do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. AML has filed an appropriate report dated November 4, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. For further information on this decision contact Kerrin Bressant, Office of Vehicles Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–1110, facsimile (202) 366– 3081. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, AML 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 AML’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. Vehicles Involved: Affected are approximately 3,282 of the following AML model passenger cars manufactured from September 2009 through October 2013: Registered amlna fleet Model Dealer un-registered Build [date] range 211 225 153 147 120 156 385 279 170 122 671 74 197 41 53 1 1 0 0 54 56 9 12 0 65 80 10/09–10/13 10/09–10/13 10/09–08/12 10/09–08/12 12/10–08/12 12/10–08/12 10/09–10/13 10/09–10/13 06/10–10/13 06/10–10/13 09/09–02/13 01/13–10/13 09/12–10/13 Total ...................................................................................................................................... mstockstill on DSK4VPTVN1PROD with NOTICES DB9 Coupe .................................................................................................................................. DB9 Volante ................................................................................................................................. DBS Coupe .................................................................................................................................. DBS Volante ................................................................................................................................ Virage Coupe ............................................................................................................................... Virage Volante ............................................................................................................................. V8 Vantage Coupe ...................................................................................................................... V8 Vantage Roadster .................................................................................................................. V8 Vantage S Coupe ................................................................................................................... V8 Vantage S Roadster ............................................................................................................... Rapide .......................................................................................................................................... Rapide S ...................................................................................................................................... Vanquish Coupe .......................................................................................................................... 2910 372 N/A III. Noncompliance: AML explains that during testing of the tire pressure monitoring system (TPMS) it was noted that the fitment of an incompatible wheel and tire unit was correctly detected and the malfunction indicator telltale illuminated as required by FMVSS No. 138. However, when the vehicle ignition was deactivated and VerDate Sep<11>2014 16:00 Nov 18, 2015 Jkt 238001 then reactivated after a five minute period, there was no immediate reillumination of the malfunction indicator telltale as required when the malfunction still exists. Although the malfunction indicator telltale does not re-illuminate immediately after the vehicle ignition is reactivated, it does PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 illuminate within 40 seconds after the vehicle accelerates above 23 mph. IV. Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in pertinent part: S4.4 TPMS Malfunction. . . . (c) Combination low tire pressure/TPMS malfunction telltale. The vehicle meets the E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72483-72484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29473]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0103; 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.

-----------------------------------------------------------------------

SUMMARY: Michelin North America, Inc. (MNA), has determined that 
certain Michelin heavy truck tires do not fully comply with paragraphs 
S6.5(a) and (j) 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 September 18, 2015, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is December 21, 
2015.

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 
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 http://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 http://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 http://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 above 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. Overview: 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 247 Michelin X Works 
XZY size 315/80R22.5 156/150K heavy truck tires that were manufactured 
between January 1, 2011 and July 31, 2015.
    III. Noncompliance: MNA describes the noncompliance's as the 
inadvertent omission from the tires sidewall of the letter marking that 
designates the tire load range as required by paragraph S6.5(j) and the 
symbol ``DOT'' confirming certification as required by paragraph 
S6.5(a) of FMVSS No. 119.
    IV. Rule Text: Paragraph S6.5 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. . . .
    (a) The symbol DOT, which shall constitute a certification that the 
tire conforms to applicable Federal Motor Vehicle Safety standards. 
This symbol may be marked on only one sidewall. . . .
    (j) The letter designating the tire Load Range.
    V. Summary of MNA's Petition: MNA believes that while it did not 
intend to release the subject tires for sale in the U.S. market, and 
therefore did not mark the tires accordingly, it believes that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (1) Maximum Load Rating: The subject tires are marked on both 
sidewalls with the European Tyre and Rim Technical Organization (ETRTO) 
published load capacities in pounds and kilograms for single and dual 
application in the format specified by FMVSS No. 119. MNA believes that 
this marking provides sufficient information to ensure the proper 
application of the tire.
    (2) Load Index: The subject tire is marked with the [International 
Organization for Standardization] ISO load indices for single and dual 
application as specified by the ETRTO standard. MNA believes that ISO 
load indices are widely recognized within the industry and thus provide 
additional information to ensure the proper application of the tire.
    (3) Other Markings: All other markings specified by FMVSS No. 119 
are present on the tire including the full tire identification number 
(TIN).
    (4) Performance: The subject tire meets all performance 
requirements of FMVSS No. 119. MNA believes that the subject 
noncompliances have no impact on the load carrying capacity of the tire 
on a motor vehicle, nor on motor vehicle safety itself.

[[Page 72484]]

    (5) Vehicle Fitment: Paragraph S6 of FMVSS No. 119 requires that 
the marking should contain load capacity values in pounds and kilograms 
as well as a letter designating the load range. This information is 
used by vehicle owners to ensure adequate tire load capacity for the 
specific vehicle configuration. Although the subject tire lacks the 
letter designating the load range, MNA believes that the ETRTO standard 
load capacity values and ISO load indices for single and dual 
application which are widely recognized in the industry are present to 
ensure proper application.
    MNA has additionally informed NHTSA that it has corrected its 
internal systems error to prevent similar tires from being released for 
sale in the U.S. market in the future.
    In summation, MNA believes that the described noncompliances of the 
subject tires is inconsequential to motor vehicle safety, and that its 
petition, to exempt MNA from providing recall notification of 
noncompliances 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 tires that MNA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve equipment 
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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-29473 Filed 11-18-15; 8:45 am]
 BILLING CODE 4910-59-P