Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 62951-62952 [2018-26511]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62951-62952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26511]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0072; 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 XZL brand 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 lbs) and Motorcycles. 
MNA filed a noncompliance report dated May 21, 2018, and subsequently 
petitioned NHTSA on June 15, 2018, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is January 7, 
2019.

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 in the title 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website 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 comments you have submitted by mail 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.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the 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. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 

I. Overview

    MNA has determined that certain Michelin brand tires do not fully 
comply with paragraph S6.4 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 lbs) and Motorcycles (49 CFR 
571.119). MNA filed a noncompliance report dated May 21, 2018, pursuant 
to 49 CFR part 573, Defects and Noncompliance Responsibility and 
Reports. MNA subsequently petitioned NHTSA on June 18, 2018, pursuant 
to 49 U.S.C. 20118(d) and 30120(h) and 49 CFR part 556, 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.

II. Tires Involved

    Approximately 752 Michelin XZL size 16.00R20 tires manufactured 
between January 19, 2018, and April 9, 2018, are potentially involved.

III. Noncompliance

    MNA explains that the noncompliance was due to a mold error which 
left the subject tires with fewer than the required number of treadwear 
indicators specified in paragraph S6.4 of FMVSS No. 119. Specifically, 
the tires were manufactured with 4 rows of treadwear indicators instead 
of the required minimum of 6 treadwear indicators.

[[Page 62952]]

IV. Rule Requirements

    Paragraph S6.4 of FMVSS No. 119, includes the requirements relevant 
to this petition:
     Except as specified, each tire shall have at least six 
treadwear indicators spaced approximately equally around the 
circumference of the tire that enable a person inspecting the tire to 
determine visually whether the tire has worn to a tread depth of 1.6 mm 
(one-sixteenth of an inch). Tires with a rim diameter code of 12 or 
smaller shall have at least three such treadwear indicators. Motorcycle 
tires shall have at least three such indicators which permit visual 
determination that the tire has worn to a tread depth of 0.8 mm (one-
thirty-second of an inch).

V. Summary of Petition

    MNA described the subject noncompliance and stated its belief that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    In support of its petition, MNA submitted the following arguments:
    1. Functionality: Truck tires normally have 6 treadwear indicators 
spaced equally around the circumference of the tire. The function of 
these indicators is to enable a person inspecting the tire to determine 
visually whether the tire has worn to a tread depth of 1.6 mm (1/16 
in). In the case where tires have 6 treadwear indicators spaced equally 
around the tire, the indicators would appear at 60 degree intervals 
around the circumference of the tread. In the case of the subject 
tires, the 4 treadwear indicators are equally spaced; thus, appearing 
at 90 degree intervals around the circumference of the tread area of 
the tire. When normally loaded, approximately 10 percent of the tread 
band is in contact with the road surface. In most truck applications, 
the remaining 90 percent of the tread band is accessible for 
inspection. In the event that a vehicle is parked with one of the 
treadwear indicators positioned in the ground contact patch area, three 
other treadwear indicators would be accessible around the circumference 
of the tire.
    In addition, MNA tires have a molded ``Bib'' symbol on the tread 
shoulder to indicate the location of the treadwear indicator. These 
molded symbols aid the person inspecting the tire to visually locate 
the treadwear indicator and determine if the tire has worn to the 
extent that the tread depth is 1.6 mm (1/16 in) or less.
    2. NHTSA's Prior Decisions: NHTSA has previously granted Petitions 
for Determination of Inconsequential Noncompliance in similar cases 
related to 49 CFR 571.119 S6.4 treadwear indicators.
    On August 19, 2014, NHTSA issued a Grant of Petition to Cooper Tire 
and Rubber Company with the following comments: ``NHTSA Analysis: The 
purpose for tire treadwear indicators is to serve as a means for a 
person to visually inspect a tire's tread depth and readily determine 
if a tire has worn to the extent that tread depth is 1.6 mm (one-
sixteenth of an inch) or less.
    Cooper stated that while the subject tires were molded with only 
five treadwear indicators that it believes that those indicators still 
provide ample coverage over the surface of the tire. NHTSA agrees with 
Cooper that in this case the subject noncompliance will have no 
significant effect on the safety of the vehicles on which the subject 
tires are mounted. The subject tires have five indicators; 4 indicators 
spaced at 60 degrees and one indicator spaced at 120 degrees. NHTSA 
believes that in this case, the absence of a single indicator does not 
significantly affect a person's ability to visually inspect a tire and 
readily recognize when a significant portion of the tire's tread is 
worn to the point that a tire should be replaced.''
    In the Cooper decision it is relevant to note:
    (a) While the Cooper Mickey Thompson Baja MTZ tires had only one 
missing treadwear indicator, the maximum circumferential space between 
the two most distant treadwear indicators was 120 degrees. NHTSA 
determined that this confirmation of treadwear indicators does not 
significantly affect a person's ability to inspect a tire. In MNA's 
case, the maximum circumferential space between the two most distant 
treadwear indicators is less, at 90 degrees.
    (b) The Cooper petition cites a Grant of Petition issued to Motor 
Bikes Imports, Inc. in 1987 which included a 49 CFR 571.119 S6.4 
noncompliance related to motor bike tires with only l treadwear 
indicator. NHTSA's decision stated a ``relatively small number of tires 
which remain in use nevertheless bear one treadwear indicator'' 
concluding the existence of only a single treadwear indicator combined 
with the relatively low volume of tires in the market were 
inconsequential as they relate to motor vehicle safety.
    3. Product Performance & Monitoring: Product Performance & 
Monitoring MNA has no indication through our customer care network, 
fleet contacts or field engineers, of any issues related to monitoring 
and measuring of treadwear on the l6.00R20 XZL tires. The lack of two 
treadwear indicators on the tire was detected in the manufacturing 
process. We have no customer complaints or warranty claims related to 
the reduced number of treadwear indicators. The reduced number of 
treadwear indicators has no impact on product performance. Product 
performance and customer satisfaction of the subject tires is 
equivalent to tires produced with 6 treadwear indicators. The tires 
comply with all safety standards and tire marking requirements of 49 
CFR 571.119.
    MNA's complete petition and all supporting documents are available 
by logging onto the Federal Docket Management System (FDMS) website at: 
https://www.regulations.gov and by following the online search 
instructions to locate the docket number as listed in the title of this 
notice.
    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.

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-26511 Filed 12-4-18; 8:45 am]
 BILLING CODE 4910-59-P