[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22228-22229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06670]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0004; 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 X Works D 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) pounds, Speciality 
Tires, and Tires for Motorcycles. MNA filed a noncompliance report 
dated December 16, 2022, and January 11, 2023, and subsequently 
petitioned NHTSA (the ``Agency'') on January 10, 2023, 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 April 29, 2024.

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 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

[[Page 22229]]

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 X Works D tires 
do not fully comply with paragraph S6.5(d) of FMVSS No. 119, New 
Pneumatic Tires for Motor Vehicles with a GVWR of More Than 4,536 
kilograms (10,000) pounds, Speciality Tires, and Tires for Motorcycles 
(49 CFR 571.119).
    MNA filed a noncompliance report dated December 16, 2022, and 
amended the report on January 11, 2023, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. MNA petitioned 
NHTSA on January 10, 2023, 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 14,047 Michelin X Works D tires, 
manufactured between January 1, 2021, and September 14, 2022, were 
reported by the manufacturer.
    III. Noncompliance: MNA explains that the noncompliance is that the 
maximum dual load in pounds is incorrectly marked on both sides of the 
tire and therefore does not comply with paragraph S6.5 (d) of FMVSS No. 
119. Specifically, the tires state the maximum dual load as 5,590 
pounds at 120 psi, when they should state 6,005 pounds at 120 psi.
    IV. Rule Requirements: Paragraph S6.5(d) of FMVSS No. 119, includes 
the requirements relevant to this petition. Except as specified in 
paragraph S6.5, each tire must be marked on each sidewall with the 
information specified in paragraphs (a) through (j) of paragraph S6.5.
    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 subject noncompliance was detected during a 
review of markings for this tire line. MNA says that the mold drawings 
were corrected for future production upon detection of the subject 
noncompliance. MNA's investigation of the affected tires concluded that 
all tires produced with the marking error had entered the market.
    First, MNA states that the subject tires were designed and 
manufactured in accordance with Tire and Rim Association standards, 
which specify a single max load of 3,000 kg (6,610 lbs) and a dual max 
load of 2,725 kg (6,005 lbs), both at an inflation pressure of 830 kPa 
(120 psi). Further, MNA asserts that the subject tires fully comply 
with all applicable FMVSS tire safety performance standards. MNA 
highlights that paragraph S7.2(a) of FMVSS No. 119 provides that 
endurance testing is conducted at the maximum single load value when 
the tire is marked with both single and dual maximum loads. MNA notes 
that the correct single load values in kilograms and pounds are marked 
on the tire. Further, MNA states that except for the max dual load 
marking in pounds on both sides of the tire, the affected tires 
correctly display all other required regulatory markings, including 
load range H corresponding to the designed maximum single load of 3,000 
kilograms or 6,610 pounds, the maximum dual load of 2,725 kilograms, as 
well as the correct inflation pressure of 830 kPa or 120 psi.
    MNA reiterates that the subject tires are properly marked with the 
maximum single and dual loads in kilograms, as well as the correct 
inflation pressure in kPa and psi. MNA explains that these markings 
provide both dealers and fleets with the necessary information to 
enable proper selection and application of the tires. MNA says that if 
a dealer or fleet were to follow the erroneous maximum dual load in 
pounds marked on the subject tires, the resulting tire loading would be 
55 pounds below the designed maximum dual load of this tire.
    MNA states that it has taken corrective measures in production and 
all tires currently being produced have the correct marking.
    MNA refers to the following NHTSA petition decisions that it 
contends are similar to the subject noncompliance:
     Michelin North America, Inc., docket number NHTSA-2006-
25891, granted 22 December 2006.
     Goodyear Tire and Rubber Company, docket number NHTSA-
2005-21269, granted 18 July 2005.
    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 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. 2024-06670 Filed 3-28-24; 8:45 am]
BILLING CODE 4910-59-P