Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20483 

1Michelin North America, Inc. is a New York 

corporation that manufactures and imports motor 

vehicle replacement equipment. 2 In its petition MNA states its belief that the 

subject tires do not meet the load marking 

requirements of 49 CFR 571.139 S5.5(d). However, 

the actual noncompliance is due to an error in the 

tire size designation marking required by 49 CFR 

571.139 S5.5(b) which causes the load marking to 

appear to be incorrect. 

sidewall marking on the intended 

outboard sidewall of the subject tires 

describes the maximum load in 

kilograms incorrectly. Specifically, the 

tires in question were inadvertently 

marked with a maximum load of 1350 

kg. The labeling should have read 1320 

kg. 

Rule text: Paragraph S5.5(d) of 

FMVSS No. 139 require in pertinent 

part: 

S5.5 Tire markings. Except as specified in 

paragraphs (a) through (i) of S5.5, each tire 

must be marked on each sidewall with the 

information specified in S5.5(a) through (d) 

and on one sidewall with the information 

specified in S5.5(e) through (i) according to 

the phase-in schedule specified in S7 of this 

standard. The markings must be placed 

between the maximum section width and the 

bead on at least one sidewall, unless the 

maximum section width of the tire is located 

in an area that is not more than one-fourth 

of the distance from the bead to the shoulder 

of the tire. If the maximum section width 

falls within that area, those markings must 

appear between the bead and a point one-half 

the distance from the bead to the shoulder of 

the tire, on at least one sidewall. The 

markings must be in letters and numerals not 

less than 0.078 inches high and raised above 

or sunk below the tire surface not less than 

0.015 inches * * * 

(d) The maximum load rating and for LT 

tires, the letter designating the tire load 

range; * * * 

Summary of Bridgestone’s Analysis and 

Arguments 

Bridgestone explains that while the 

noncompliant tires are mislabeled; the 

tires do in fact have the correct marking 

for the maximum load in pounds on the 

intended outboard sidewall, and the 

maximum load marking in both pounds 

and kg is correct on the intended 

inboard sidewall. The tires also meet or 

exceed all other applicable FMVSS. 

Bridgestone argues that the subject 

mismarking is inconsequential as it 

relates to motor vehicle safety and is 

unlikely to have an adverse impact on 

motor vehicle safety since the actual 

performance of the subject tires will not 

be affected by the mismarking. 

Bridgestone supports this belief by 

stating that the tires met the 

performance requirements of FMVSS 

No. 139 for endurance and high speed 

when tested at the 1350 kg load. 

Bridgestone also points out its belief 

that NHTSA has previously granted 

similar petitions for non-compliances in 

sidewall marking. 

In summation, Bridgestone believes 

that the described noncompliance of its 

tires to meet the requirements of FMVSS 

No. 139 is inconsequential to motor 

vehicle safety, and that its petition, to 

exempt from providing recall 

notification of noncompliance as 

required by 49 U.S.C. 30118 and 

remedying the recall noncompliance as 

required by 49 U.S.C. 30120 should be 

granted. 

Comments: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited at the beginning of 

this notice and be submitted by any of 

the following methods: 

a. 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. 

b. By hand delivery 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. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

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 your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000, (65 FR 19477–78). 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: May 4, 2012. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: March 29, 2012. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2012–8050 Filed 4–3–12; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2011–0083; Notice 1] 

Michelin North America, Inc., Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Receipt of Petition. 

SUMMARY: Michelin North America, 

Inc.1 (MNA) has determined that certain 

Michelin brand passenger car 

replacement tires, do not fully comply 

with paragraph S5.5 2 of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New pneumatic radial tires for light 

vehicles. MNA has filed an appropriate 

report pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports (dated June 

2, 2011). 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), MNA has petitioned for 

an exemption from the notification and 

remedy requirements of 49 U.S.C. 

chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

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 other exercise of 

judgment concerning the merits of the 

petition. 

Tires involved: Affected are 

approximately 17,500 Michelin Primacy 

MXV4 TL passenger car replacement 

tires labeled as sizes P205 65 R15 94H, 

P205 65 R15 94V, and P225 55 R17 97H 

that were manufactured by SC Michelin 

Romania SA in Victoria, Romania 

between January 9, 2011 and May 28, 

2011. 


emcdonald on DSK29S0YB1PROD with NOTICES
20484 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

3MNA’s petition, which was filed under 49 CFR 

part 556, requests an agency decision to exempt 

MNA as a motor vehicle replacement equipment 

manufacturer from the notification and recall 

responsibilities of 49 CFR part 573 for 17,500 of the 

affected vehicles. However, a decision on this 

petition cannot relieve vehicle distributors and 

dealers of the prohibitions on the sale, offer for sale, 

introduction or delivery for introduction into 

interstate commerce of the noncompliant tires 

under their control after MNA notified them that 

the subject noncompliance existed. 

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, 

these provisions only apply to the 

subject 17,500 3 Michelin Primacy 

MXV4 TL passenger car replacement 

tires that MNA no longer controlled at 

the time it determined that the 

noncompliance existed. 

Paragraph S5.5 of FMVSS No. 139 

requires in pertinent part: 

S5.5 Tire markings. Except as specified in 

paragraphs (a) through (i) of S5.5 each tire 

must be marked on each sidewall with the 

information specified in S5.5 (a) through (d) 

and on one sidewall with the information 

specified in S5.5 (e) through (i) according to 

the phase-in schedule specified in S7 of this 

standard. The markings must be placed 

between the maximum section width and the 

bead on at least one sidewall, unless the 

maximum section width of the tire is located 

in an area that is not more than one-fourth 

of the distance from the bead to the shoulder 

of the tire. If the maximum section width 

falls within that area, those markings must 

appear between the bead and a point one-half 

the distance from the bead to the shoulder of 

the tire, on at least one sidewall. The 

markings must be in letters and numerals not 

less than 0.078 inches high and raised above 

or sunk below the tire surface not less than 

0.015 inches* * * 

(b) The tire size designation as listed in the 

documents and publications specified in 

S4.1.1 of this standard;* * * 

Noncompliance: MNA explained that 

the noncompliance is a tire sidewall 

labeling error. A prefix letter ‘‘P’’ was 

inadvertently added to the tire size 

designation required by paragraph S5.5 

(b) by FMVSS No. 139. 

The tire was designed to comply with 

the ETRTO standard for maximum load 

and inflation pressure. The Max Load 

and Max Pressure markings on the tire 

are correct and the tire passes all 

certification requirements at the marked 

loads/pressures under 49 CFR 571.139. 

The mix of ETRTO loads with the ‘‘P’’- 

metric size designation causes the tire to 

be noncompliant with both the ETRTO 

standard and the T&RA standard, thus 

becoming noncompliant with the 

labeling requirements of 49 CPR Part 

571.139 S5.5. All other markings are 

compliant with the FMVSS 

requirements. 

MNA stated its belief that the subject 

noncompliance is inconsequential to 

motor vehicle safety for the following 

reasons: 

(1) Both the 205/65 R15 and the 225/ 

55 R17 radial tires, each tire was 

originally conceived as a Euro-metric 

radial tire. Both tires when certifying to 

DOT requirements were tested in 

accordance with safety standard FMVSS 

No. 139 as well as the ETRTO standard 

for dimensions, pressure, load, and 

performance. To which the subject tires 

meet or exceed all of the minimum 

performance requirements for FMVSS 

No. 139 at the load and pressure marked 

on the respective sidewall. 

(2) The P-metric version of the tire 

dimensions specify a maximum load 

and pressure that is less than the 

maximum load and associated pressure 

of the Euro-metric dimension. 

Performace capabilities as P-metric 

dimensions exceed all P-metric 

requirements. 

(3) Should the subject tires be selected 

and fitted based on their markings, no 

possibility of tire overloading exists. 

(4) The P-metric dimensional marks 

on the subject tires would be treated as 

such in the replacement market. Which 

at the dealer or consumer level, the 

inconsistency between the dimensional 

marking and the maximum load 

marking may lead to some confusion at 

the time of installation but fitment 

would still be acceptable. 

(5) Whether the tires are fitted as 

P-metric dimensions per the current 

industry fitment guide, or fitted 

according to the subject tire’s sidewall’s 

maximum load. These tires do not risk 

the possibility of being overloaded 

when making a replacement tire 

selection for vehicle fitment. 

In addition, MNA states that it has 

corrected the problem that caused the 

noncompliance so that it will not 

reoccur in future production. 

In summation, MNA believes that the 

subject noncompliance is 

inconsequential to motor vehicle safety, 

and that its petition, to exempt it from 

providing recall notification of 

noncompliance as required by 49 U.S.C. 

30118 and remedying the recall 

noncompliance as required by 49 U.S.C. 

30120 should be granted. 

Comments: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited at the beginning of 

this notice and be submitted by any of 

the following methods: 

a. 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. 

b. By hand delivery 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. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

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 your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000, (65 FR 19477–78). 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

DATES: Comment closing date: May 4, 

2012. 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20485 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2012–8051 Filed 4–3–12; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2012–0035, Notice 1] 

Notice of Receipt of Petition for 

Decision That Nonconforming 1999 to 

2006 Toyota Land Cruiser IFS 100 

Series Multipurpose Passenger 

Vehicles Manufactured Prior to 

September 1, 2006 Are Eligible for 

Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 

nonconforming 1999 to 2006 Toyota 

Land Cruiser IFS 100 Series 

multipurpose passenger vehicles 

(MPVs) manufactured prior to 

September 1, 2006 that were not 

originally manufactured to comply with 

all applicable Federal Motor Vehicle 

Safety Standards (FMVSS), are eligible 

for importation into the United States 

because they are substantially similar to 

vehicles that were originally 

manufactured for sale in the United 

States and that were certified by their 

manufacturer as complying with the 

safety standards (the U.S.-certified 

version of the 1999 to 2006 Toyota Land 

Cruiser IFS 100 Series MPV 

manufactured prior to September 1, 

2006) and they are capable of being 

readily altered to conform to the 

standards. 

DATES: The closing date for comments 

on the petition is May 4, 2012. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: 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 your 

comments were received, please enclose 

a stamped, self-addressed postcard with 

the comments. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

How to Read Comments Submitted to 

the Docket: You may read the comments 

received by Docket Management at the 

address and times given above. You may 

also view the documents from the 

Internet at http://www.regulations.gov. 

Follow the online instructions for 

accessing the dockets. The docket ID 

number and title of this notice are 

shown at the heading of this document 

notice. Please note that even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically search the Docket for new 

material. 

FOR FURTHER INFORMATION CONTACT: 

George Stevens, Office of Vehicle Safety 

Compliance, NHTSA (202–366–5308). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for importation into and sale in the 

United States, certified under 49 U.S.C. 

30115, and of the same model year as 

the model of the motor vehicle to be 

compared, and is capable of being 

readily altered to conform to all 

applicable FMVSS. 

Petitions for eligibility decisions may 

be submitted by either manufacturers or 

importers who have registered with 

NHTSA pursuant to 49 CFR part 592. As 

specified in 49 CFR 593.7, NHTSA 

publishes notice in the Federal Register 

of each petition that it receives, and 

affords interested persons an 

opportunity to comment on the petition. 

At the close of the comment period, 

NHTSA decides, on the basis of the 

petition and any comments that it has 

received, whether the vehicle is eligible 

for importation. The agency then 

publishes this decision in the Federal 

Register. 

US SPECS, of Havre de Grace, 

Maryland (Registered Importer 03–321) 

has petitioned NHTSA to decide 

whether nonconforming 1999 to 2006 

Toyota Land Cruiser IFS 100 Series 

MPVs manufactured prior to September 

1, 2006 are eligible for importation into 

the United States. The vehicles which 

US SPECS believes are substantially 

similar are 1999 to 2006 Toyota Land 

Cruiser IFS 100 Series MPVs 

manufactured prior to September 1, 

2006 that were manufactured for sale in 

the United States and certified by their 

manufacturer as conforming to all 

applicable FMVSS. 

The petitioner claims that it compared 

non-U.S. certified nonconforming 1999 

to 2006 Toyota Land Cruiser IFS 100 

Series MPVs manufactured prior to 

September 1, 2006 to their U.S.-certified 

counterparts, and found the vehicles to 

be substantially similar with respect to 

compliance with most FMVSS. 

US SPECS submitted information 

with its petition intended to 

demonstrate that non-U.S. certified 1999 

to 2006 Toyota Land Cruiser IFS 100 

Series MPVs manufactured prior to 

September 1, 2006 as originally 

manufactured, conform to many FMVSS 

in the same manner as their U.S. 

certified counterparts, or are capable of 

being readily altered to conform to those 

standards. 

Specifically, the petitioner claims that 

non-U.S. certified 1999 to 2006 Toyota 

Land Cruiser IFS 100 Series MPVs 

manufactured prior to September 1, 

2006 are identical to their U.S. certified 

counterparts with respect to compliance 

with Standard Nos. 102 Transmission 

Shift Lever Sequence, Starter Interlock, 

and Transmission Braking Effect, 103 

Windshield Defrosting and Defogging 

Systems, 104 Windshield Wiping and 

Washing Systems, 105 Hydraulic and 

Electric Brake Systems, 106 Brake 


emcdonald on DSK29S0YB1PROD with NOTICES