[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50949-50951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19626]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0092; 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 CrossClimate SUV

[[Page 50950]]

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 receipt of MNA's petition.

DATES: Send comments on or before October 13, 2021.

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 
submitted by any of the following methods:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 docket. 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).

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.
    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.

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. 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.
    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 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

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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:

<bullet> Sumitomo Rubber Industries, Ltd., 83 FR 13002 (March 26, 2018)
<bullet> Continental Tire the Americas, LLC, 83 FR 36668 (July 30, 
2018)
<bullet> Cooper Tire & Rubber Company, 82 FR 17075 (April 7, 2017)
<bullet> Hankook Tire America Corp., 79 FR 30688 (May 28, 2014)
<bullet> Bridgestone Americas Tire Operations, LLC, 78 FR 47049 (August 
2, 2013).

    MNA concludes by again 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.
    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 equipment 
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. 2021-19626 Filed 9-10-21; 8:45 am]
BILLING CODE 4910-59-P