[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]


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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.

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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