Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 6942-6943 [2022-02460]
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6942
Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices
is in the correct position, however, the
date code is upside down or inverted
vertically. The Agency believes that
despite the error, the date code is still
clearly legible, will not be
misunderstood, and may be oriented
correctly by rotating or spinning the tire.
VII. NHTSA’s Decision: In
consideration of the foregoing, NHTSA
finds that Hankook has met its burden
of persuasion that the subject FMVSS
No. 139 noncompliance in the affected
tires is inconsequential to motor vehicle
safety. Accordingly, Hankook’s petition
is hereby granted and Hankook 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, this
decision only applies to the subject tires
that Hankook no longer controlled at the
time it determined that the
noncompliance existed. However, the
granting of 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 Hankook 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. 2022–02459 Filed 2–4–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
jspears on DSK121TN23PROD with NOTICES1
[Docket No. NHTSA–2020–0092; 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:
VerDate Sep<11>2014
17:36 Feb 04, 2022
Jkt 256001
Michelin North America, Inc.
(MNA) has determined that certain
Michelin CrossClimate SUV
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 July 31, 2020, and
subsequently petitioned NHTSA on
August 21, 2020, for a decision that the
subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This notice announces
the grant of MNA’s petition.
FOR FURTHER INFORMATION CONTACT:
Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety
Compliance, (325) 655–0547.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Overview
MNA has determined that certain
Michelin CrossClimate SUV
replacement tires do not fully comply
with the requirements of paragraphs
S5.5(e) and (f) of FMVSS No. 139, New
Pneumatic Radial Tires for Light
Vehicles (49 CFR 571.139). MNA filed a
noncompliance report dated July 31,
2020, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. MNA
subsequently petitioned NHTSA on
August 21, 2020, 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 September 13,
2021, in the Federal Register (86 FR
50949). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) website at
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2020–
0092.’’
II. Tires Involved
Approximately 884 Michelin
CrossClimate SUV replacement tires,
size 235/55R17 99V, manufactured
between October 20, 2019, and
November 30, 2019, are potentially
involved.
III. Noncompliance
MNA explains that the
noncompliance is due to a mold error
and that as a result, the number of tread
plies indicated on the sidewall of the
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
subject tires does not match the actual
number of plies in the tire construction
as required by paragraphs S5.5(e) and (f)
of FMVSS No. 139. Specifically, the
tires were marked ‘‘Tread Plies: 2
Polyester + 2 Steel + 1 Polyamide;
Sidewall: 2 Polyester’’ when they
should have been marked ‘‘Tread Plies:
1 Polyester + 2 Steel + 1 Polyamide;
Sidewall: 1 Polyester.’’
IV. Rule Requirements
Paragraphs S5.5(e) and (f) of FMVSS
No. 139 include the requirements
relevant to this petition. Each tire must
be marked on each sidewall with the
information specified in paragraphs
S5.5(a) through (d) and on one sidewall
with the information specified in
paragraphs S5.5(e) through (i) according
to the phase-in schedule specified in
paragraph S7 of FMVSS No. 139.
Specifically, each tire should be marked
with the generic name of each cord
material used in the plies (both sidewall
and tread area) of the tire and the actual
number of plies in the sidewall, and the
actual number of plies in the tread area,
if different.
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 and 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.
In support of its petition, MNA
submitted the following reasoning:
1. Operational Safety
a. Tire performance—MNA says that
the subject tires have been designed as
a single ply construction. The
mismarked tires have been
manufactured according to the design
specification. These tires fully comply
with MNA performance requirements as
well as with all applicable FMVSS tire
safety performance standards and
related requirements.
b. Tire application—MNA claims that
the mismarked ply information has no
direct impact on tire application. The
tires are properly marked with all other
FMVSS required information including
the tire size designation, maximum
load, and maximum inflation pressure.
These markings provide both dealers
and consumers with the necessary
information to ensure proper selection
and application of the tires.
c. Tire repair and retread—MNA also
says that concerns related to the safety
of tire repair and retread personnel have
been previously raised for filings
E:\FR\FM\07FEN1.SGM
07FEN1
Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices
involving steel carcass ply tires. The
CrossClimate SUV is a passenger car,
sport utility, and light truck tire line
with a polyester carcass. The tire is not
intended for retreading. The concern for
service personnel related to steel carcass
construction is not relevant for this tire
line.
2. Corrective Measures
a. Upon identification of the
mismarking, MNA instituted a block on
the affected SKU. A total of 782 tires
were captured and retained in MNA
inventory. These tires will be repaired
to display the correct single ply
marking, or they will be scrapped.
b. The tire specification drawing has
been corrected and the mold plate has
been updated to show the correct single
ply marking. All tires currently being
produced have the correct marking.
jspears on DSK121TN23PROD with NOTICES1
3. Prior NHTSA Decisions
MNA states that NHTSA has
concluded in other petitions related to
the number of plies marking that this
type of noncompliance is
inconsequential to safety. Examples of
prior decisions include:
• Sumitomo Rubber Industries, Ltd., 83
FR 13002 (March 26, 2018)
• Continental Tire the Americas, LLC,
83 FR 36668 (July 30, 2018)
• Cooper Tire & Rubber Company, 82
FR 17075 (April 7, 2017)
• Hankook Tire America Corp., 79 FR
30688 (May 28, 2014)
• Bridgestone Americas Tire
Operations, LLC, 78 FR 47049 (August
2, 2013)
MNA concludes by contending that
the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and that 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, be granted.
VII. NHTSA’s Analysis
NHTSA has evaluated the merits of
MNA’s petition and agrees that, based
on the facts presented, the subject
noncompliance is inconsequential to
motor vehicle safety. The Agency
considered the following prior to
making this determination:
1. Operational Safety & Performance:
NHTSA agrees that the subject
noncompliance has no effect on the
operational safety of vehicles. Michelin
stated that the affected tires meet all the
applicable FMVSS performance
requirements as well as Michelin’s own
internal testing requirements.
2. Tire Identification and Traceability:
The tires have the required information
VerDate Sep<11>2014
17:36 Feb 04, 2022
Jkt 256001
per 49 CFR 574.5 to ensure that the tires
may be properly registered for the
purposes of a safety recall. The TIN is
both legible and easily discernible.
3. Downstream Operations: The
Agency must also consider other
interested parties besides the
manufacturer and end-user.
Downstream entities involved in tire
repair, retreading, and recycling
operations require certain information
to determine if tires may be safely used
in their operations. The existence of
steel in a tire’s sidewall and tread can
be relevant to the manner in which it
should be repaired or retreaded. The use
of steel cord construction in the
sidewall and tread is the primary safety
concern of these industries. The Agency
believes the noncompliance of the
subject tires will have no measurable
effect on the safety of the tire retread,
repair, and recycling industries since
the tire sidewalls are marked correctly
for the number of steel plies.
4. Public & Consumer Groups
Feedback: The Agency has concluded,
based on previous feedback, that the tire
construction information (number of
plies and cord material in the sidewall
and tread plies) influences very few
consumers when they are deciding to
buy a motor vehicle or replacement
tires. This conclusion is based on
comments submitted to the docket for 2
separate Advance Notice of Proposed
Rulemaking documents that were
published in the Federal Register on
December 1, 2000, (65 FR 75222) and
December 19, 2018, (84 FR 69698).
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, this
decision only applies to the subject tires
that MNA no longer controlled at the
time it determined that the
noncompliance existed. However, the
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
6943
granting of 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. 2022–02460 Filed 2–4–22; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
DOT’s Identification of Federal
Financial Assistance Infrastructure
Programs Subject to the Build
America, Buy America Provisions of
the Infrastructure Investment and Jobs
Act
ACTION:
Notice of availability.
Section 70913(a) of the
Infrastructure Investment and Jobs Act
requires that the head of each Federal
agency shall submit to the Office of
Management and Budget and to
Congress a report that identifies each
Federal financial assistance program for
infrastructure administered by the
Federal agency, and that that report be
published in the Federal Register. The
Department of Transportation is issuing
this notice to make the public aware of
the availability of that report on its
website.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Darren Timothy at darren.timothy@
dot.gov or at 202–366–4051.
SUPPLEMENTARY INFORMATION:
Background: The Bipartisan
Infrastructure Law (known officially as
the Infrastructure Investment and Jobs
Act), signed by President Biden on
November 15, 2021, includes the Build
America, Buy America Act (BABA),
which requires each agency to submit to
OMB and Congress a report within 60
days of enactment that lists all Federal
financial assistance programs for
infrastructure administered by the
agency and that identifies the programs
that are ‘‘deficient,’’ as defined in the
Act.
DOT’s report was developed in
accordance with the requirements found
in section 70913 of the BABA and OMB
guidance issued on December 20, 2021.
It provides a listing of the Federal
financial assistance programs for
E:\FR\FM\07FEN1.SGM
07FEN1
]]>Agencies
[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6942-6943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02460]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0092; 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 CrossClimate SUV 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
July 31, 2020, and subsequently petitioned NHTSA on August 21, 2020,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces the grant of
MNA's petition.
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview
MNA has determined that certain Michelin CrossClimate SUV
replacement tires do not fully comply with the requirements of
paragraphs S5.5(e) and (f) of FMVSS No. 139, New Pneumatic Radial Tires
for Light Vehicles (49 CFR 571.139). MNA filed a noncompliance report
dated July 31, 2020, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. MNA subsequently petitioned
NHTSA on August 21, 2020, 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 September 13, 2021, in the Federal Register
(86 FR 50949). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2020-0092.''
II. Tires Involved
Approximately 884 Michelin CrossClimate SUV replacement tires, size
235/55R17 99V, manufactured between October 20, 2019, and November 30,
2019, are potentially involved.
III. Noncompliance
MNA explains that the noncompliance is due to a mold error and that
as a result, the number of tread plies indicated on the sidewall of the
subject tires does not match the actual number of plies in the tire
construction as required by paragraphs S5.5(e) and (f) of FMVSS No.
139. Specifically, the tires were marked ``Tread Plies: 2 Polyester + 2
Steel + 1 Polyamide; Sidewall: 2 Polyester'' when they should have been
marked ``Tread Plies: 1 Polyester + 2 Steel + 1 Polyamide; Sidewall: 1
Polyester.''
IV. Rule Requirements
Paragraphs S5.5(e) and (f) of FMVSS No. 139 include the
requirements relevant to this petition. Each tire must be marked on
each sidewall with the information specified in paragraphs S5.5(a)
through (d) and on one sidewall with the information specified in
paragraphs S5.5(e) through (i) according to the phase-in schedule
specified in paragraph S7 of FMVSS No. 139. Specifically, each tire
should be marked with the generic name of each cord material used in
the plies (both sidewall and tread area) of the tire and the actual
number of plies in the sidewall, and the actual number of plies in the
tread area, if different.
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 and 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.
In support of its petition, MNA submitted the following reasoning:
1. Operational Safety
a. Tire performance--MNA says that the subject tires have been
designed as a single ply construction. The mismarked tires have been
manufactured according to the design specification. These tires fully
comply with MNA performance requirements as well as with all applicable
FMVSS tire safety performance standards and related requirements.
b. Tire application--MNA claims that the mismarked ply information
has no direct impact on tire application. The tires are properly marked
with all other FMVSS required information including the tire size
designation, maximum load, and maximum inflation pressure. These
markings provide both dealers and consumers with the necessary
information to ensure proper selection and application of the tires.
c. Tire repair and retread--MNA also says that concerns related to
the safety of tire repair and retread personnel have been previously
raised for filings
[[Page 6943]]
involving steel carcass ply tires. The CrossClimate SUV is a passenger
car, sport utility, and light truck tire line with a polyester carcass.
The tire is not intended for retreading. The concern for service
personnel related to steel carcass construction is not relevant for
this tire line.
2. Corrective Measures
a. Upon identification of the mismarking, MNA instituted a block on
the affected SKU. A total of 782 tires were captured and retained in
MNA inventory. These tires will be repaired to display the correct
single ply marking, or they will be scrapped.
b. The tire specification drawing has been corrected and the mold
plate has been updated to show the correct single ply marking. All
tires currently being produced have the correct marking.
3. Prior NHTSA Decisions
MNA states that NHTSA has concluded in other petitions related to
the number of plies marking that this type of noncompliance is
inconsequential to safety. Examples of prior decisions include:
Sumitomo Rubber Industries, Ltd., 83 FR 13002 (March 26, 2018)
Continental Tire the Americas, LLC, 83 FR 36668 (July 30,
2018)
Cooper Tire & Rubber Company, 82 FR 17075 (April 7, 2017)
Hankook Tire America Corp., 79 FR 30688 (May 28, 2014)
Bridgestone Americas Tire Operations, LLC, 78 FR 47049 (August
2, 2013)
MNA concludes by contending that the subject noncompliance is
inconsequential as it relates to motor vehicle safety, and that 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, be granted.
VII. NHTSA's Analysis
NHTSA has evaluated the merits of MNA's petition and agrees that,
based on the facts presented, the subject noncompliance is
inconsequential to motor vehicle safety. The Agency considered the
following prior to making this determination:
1. Operational Safety & Performance: NHTSA agrees that the subject
noncompliance has no effect on the operational safety of vehicles.
Michelin stated that the affected tires meet all the applicable FMVSS
performance requirements as well as Michelin's own internal testing
requirements.
2. Tire Identification and Traceability: The tires have the
required information per 49 CFR 574.5 to ensure that the tires may be
properly registered for the purposes of a safety recall. The TIN is
both legible and easily discernible.
3. Downstream Operations: The Agency must also consider other
interested parties besides the manufacturer and end-user. Downstream
entities involved in tire repair, retreading, and recycling operations
require certain information to determine if tires may be safely used in
their operations. The existence of steel in a tire's sidewall and tread
can be relevant to the manner in which it should be repaired or
retreaded. The use of steel cord construction in the sidewall and tread
is the primary safety concern of these industries. The Agency believes
the noncompliance of the subject tires will have no measurable effect
on the safety of the tire retread, repair, and recycling industries
since the tire sidewalls are marked correctly for the number of steel
plies.
4. Public & Consumer Groups Feedback: The Agency has concluded,
based on previous feedback, that the tire construction information
(number of plies and cord material in the sidewall and tread plies)
influences very few consumers when they are deciding to buy a motor
vehicle or replacement tires. This conclusion is based on comments
submitted to the docket for 2 separate Advance Notice of Proposed
Rulemaking documents that were published in the Federal Register on
December 1, 2000, (65 FR 75222) and December 19, 2018, (84 FR 69698).
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, this decision
only applies to the subject tires that MNA no longer controlled at the
time it determined that the noncompliance existed. However, the
granting of 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. 2022-02460 Filed 2-4-22; 8:45 am]
BILLING CODE 4910-59-P
