[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20483-20485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8051]


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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.

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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).
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    \1\ Michelin 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.
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    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.

[[Page 20484]]

    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.
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    \3\ MNA'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.
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    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, 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.
    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.


[[Page 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