Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 101093-101095 [2024-29417]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 101093-101095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29417]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0049; 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 TEX T195/65R22 T-type spare tires do not fully comply with 
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New Pneumatic 
Tires for Vehicles Manufactured from 1949 To 1975, Bias Ply Tires, and 
T-Type Spare Tires. MNA filed a noncompliance report dated May 1, 2024, 
and subsequently petitioned NHTSA (the ``Agency'') on May 29, 2024, for 
a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
MNA's petition.

DATES: Send comments on or before January 13, 2025.

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 may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed 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.
     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

[[Page 101094]]

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).

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.

SUPPLEMENTARY INFORMATION: 
    I. Overview: MNA determined that certain Michelin Tex T195/65R22 do 
not fully comply with paragraph S4.3(b) of FMVSS No. 109, New Pneumatic 
Tires for Vehicles Manufactured from 1949 To 1975, Bias Ply Tires, and 
T-Type Spare Tires (49 CFR 571.109).
    MNA filed a noncompliance report dated May 1, 2024, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA 
petitioned NHTSA on May 29, 2024, 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.
    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 
another exercise of judgment concerning the merits of the petition.
    II. Tires Involved: Approximately 532 Michelin TEX T195/65R22 T-
type spare tires, manufactured between September 26, 2023, and March 6, 
2024, were reported by the manufacturer.
    III. Rule Requirements: Paragraph S4.3(b) of FMVSS No. 109 includes 
the requirements relevant to this petition. This requirement specifies, 
among other things, that each tire must have the maximum permission 
inflation pressure permanently molded onto or into both tire sidewalls. 
In addition, for T-type spare tires with a maximum inflation pressure 
of 420 kPa, an additional marking that states ``Inflate to 420 kPa (60 
psi)'' is required on both sidewalls in a prominent location with a 
large font size. In total, the subject tires are required to have the 
maximum inflation pressure marked in 4 different locations.
    IV. Noncompliance: MNA explains that the subject tires incorrectly 
state the maximum permissible inflation pressure in one location on 
each sidewall and, therefore, do not comply with paragraph S4.3(b) of 
FMVSS No. 109. Specifically, the tire markings show an incorrect 
pressure of 350 kPa (51 psi), instead of the correct 420 kPa (60 psi) 
in one location of the two required locations on each sidewall.
    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. They have not been evaluated by 
the Agency 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.
    MNA explains that the noncompliance was discovered when Indian 
authorities detected a marking error during a certification inspection 
and alerted Michelin Europe. European Original Equipment Quality then 
notified North American Original Equipment Quality that some Range 
Rovers equipped with the affected spare tires may have been shipped to 
the US. An investigation was initiated to determine if the affected 
product had entered the US market. MNA blocked 506 affected tires at 
the Nyiregyhaza, Hungary manufacturing facility and confirmed that 532 
tires were sold into the US market as OEM spares. Upon detecting the 
subject noncompliance, MNA reports that production of the affected 
tires was suspended within 24 hours and molds with corrected markings 
were put into production on March 25, 2024.
    MNA explains that the incorrect maximum permissible inflation 
pressure marking is inconsistent with the correct sidewall marking: 
``Inflate to 420 kPa (60 psi)'' required by paragraph S4.3.5 of FMVSS 
No. 109, which is present and correctly marked in two locations on the 
tire. MNA states that although the subject tires were marked with two 
different inflation pressures, testing confirmed that they fully comply 
with all applicable FMVSS tire safety performance standards, including 
endurance, high speed performance, bead unseating, and tire strength. 
FMVSS No. 109 performance testing was conducted and confirmed that the 
subject tires passed under the specified conditions for the maximum 
permissible inflation pressures of 350 kPa and 420 kPa.
    MNA believes that several factors improve the likelihood of the 
subject tires being used at the correct inflation pressure. First, 
tires are inflated to the correct pressure at the wheel mounting 
facility, eliminating the need for dealers to determine which pressure 
to follow. Additionally, when end users perform the recommended monthly 
pressure check, the most prominent spare tire sidewall marking required 
by paragraph S4.5 of FMVSS No. 109, specifies 420 kPa for the spare 
tire. Furthermore, the placard on the vehicle specifies 420 kPa. Given 
that the subject spare tire has been confirmed to be safe at both 
inflation pressures, it remains safe even if the customer adjusts the 
pressure to the lower value stated on the tire.
    MNA concludes by stating its belief that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety and 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, should be granted. NHTSA 
notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) 
that permit manufacturers to

[[Page 101095]]

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 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. 2024-29417 Filed 12-12-24; 8:45 am]
BILLING CODE 4910-59-P