Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 78561 

during lamp function each time the 

vehicle is started. If not familiar with its 

meaning, the owner’s manual can be 

referenced which will explain the 

relationship with the brake system. Over 

time, the ISO symbol has evolved to 

become increasingly recognizable and 

understandable to drivers so if activated 

they would likely be alerted to a 

possible brake system malfunction. We 

further believe drivers recognize that a 

telltale illuminated in red, even if 

unlabeled, represents a malfunction 

which needs to be remedied. 

We believe that the combination of 

the red contrasting color of the ISO 

symbol, driver conditioning over time as 

to the meaning of the ISO symbol, the 

vehicle message center warning for the 

Cherokee indicating parking brake 

applied, the noticeable position of the 

DART parking brake lever when 

applied, the reduced drivability of the 

vehicles when the vehicle is driven with 

an applied parking brake, the message 

center warning ‘‘Low Brake Fluid’’ for 

both vehicles which remains activated 

until the condition is corrected, as well 

as the availability of the description of 

ISO symbol in the Owner’s manual are 

sufficient to adequately alert the driver 

should the indicated problems in the 

braking system occur. 

The manufacturer has shown that the 

discrepancy with the labeling 

requirement is unlikely to lead to any 

misunderstanding especially since other 

sources of correct information beyond 

the ISO symbol, are available. Lastly, we 

note that NHTSA has not received any 

consumer complaints regarding subject 

vehicles noncompliances. 

NHTSA Decision: In consideration of 

the foregoing, NHTSA has decided that 

Chrysler has met its burden of 

persuasion that the FMVSS No. 101 and 

FMVSS No. 135 noncompliances are 

inconsequential to motor vehicle safety. 

Accordingly, Chrysler’s petition is 

hereby granted and Chrysler is 

exempted from the obligation of 

providing notification of, and a 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, any 

decision on this petition only applies to 

the subject vehicles that Chrysler no 

longer controlled at the time it 

determined that the noncompliance 

existed. However, the granting of this 

petition does not relieve Chrysler 

distributors and dealers of the 

prohibitions on the sale, offer for sale, 

or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant vehicles under their 

control after Chrysler 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). 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2014–30240 Filed 12–29–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0095; 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. 

SUMMARY: Michelin North America, Inc. 

(MNA) has determined that certain 

Michelin Pilot Street Radial 

replacement motorcycle tires, do not 

fully comply with paragraph S6.5(f) of 

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) and Motorcycles. MNA has 

filed an appropriate report dated July 3, 

2014, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. 

ADDRESSES: For further information on 

this decision contact Abraham Diaz, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5310, facsimile (202) 366– 

5930. 

SUPPLEMENTARY INFORMATION: I. MNA’s 

Petition: Pursuant to 49 U.S.C. 30118(d) 

and 30120(h) and the rule implementing 

those provisions 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. 

Notice of receipt of the petition was 

published, with a 30-day public 

comment period, on September 23, 2014 

in the Federal Register (FR 56852). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) Web site 

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

follow the online search instructions to 

locate docket number ‘‘NHTSA–2014– 

0095.’’ 

II. Tires Involved: Affected are 

approximately 889 Michelin Pilot Street 

Radial motorcycle tires, involving a total 

of three dimensions (110/70 R17 54H, 

130/70 R17 62H, and 140/70 R17 66H), 

that were manufactured between August 

12, 2012 and December 21, 2013 in 

Phrapradaeng, Thailand. 

III. Noncompliance: MNA explains 

that the noncompliance is that on the 

sidewall containing the DOT Tire 

Identification Number (TIN,) the 

marking describing the generic material 

content of the casing plies for tread and 

sidewall, required by paragraph S6.5(f) 

of FMVSS No. 119, is incorrect. 

For the subject tires, the marking 

reads: 

Tread plies Sidewall plies 

2 polyamide 2 polyamide 

1 aramid ........................

The correct marking for these tires is: 

Tread plies Sidewall plies 

2 polyester 2 polyester 

1 aramid ........................

V. Rule Text: Paragraph S6.5(f) of 

FMVSS No. 119 requires in pertinent 

part: 

S6.5 Tire markings. Except as specified in 

this paragraph, each tire shall be marked on 

each sidewall with the information specified 

in paragraphs (a) through (j) of this section. 

. . . Markings may appear on only one 

sidewall and the entire sidewall area may be 

used in the case of motorcycle tires and 

recreational, boat, baggage, and special trailer 

tires. . . . 

(f) The actual number of plies and the 

composition of the ply cord material in the 

sidewall and, if different, in the tread area; 

. . . 

V. Summary of MNA’s Analyses: 

MNA stated its belief that the subject 

noncompliance is inconsequential to 

motor vehicle safety for the following 

reasons: 

(A) The subject tires meet or exceed 

all of the minimum performance 

requirements of FMVSS No. 119 for 

motorcycle tires, and carry on their 

sidewalls all the other required 

markings of FMVSS No. 119. The 

content of these tires is as designed; it 

is only the marking of the generic 

material for the casing plies which is 

inconsistent with the content. Since the 

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78562 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 

generic material marking does not 

influence the purchase nor the fitment 

of tires to vehicles, the above described 

noncompliance is viewed by MNA to 

have no impact on the performance of 

the tire, nor the associated motor 

vehicle safety. 

(B) The subject tires contain the 

necessary tire material labeling 

information on at least one sidewall. 

The number of reinforcing plies in the 

tread, and in the sidewall, are correct. 

It is the descriptor for the generic 

material which is not consistent with 

the actual content of the tire— 

‘‘Polyamide’’ in place of ‘‘Polyester.’’ 

Since this marking is only on one 

sidewall and there is no other marking 

to compare it to, consumers will not be 

confused by the content of the marking, 

nor do they make purchasing decisions 

based upon this mark. Only a specialist, 

familiar with the differences between 

‘‘Polyamide’’ and ‘‘Polyester’’, with 

access to the internal content of the tire, 

would recognize this discrepancy. 

(C) This marking discrepancy has no 

impact on a consumer’s, dealer’s, or 

distributor’s ability, nor our ability, to 

identify product in the event of a market 

action. During market actions, the tire 

dimension, brand name, load capacity, 

and TIN are used to identify tires which 

are to be removed from the market. The 

tire’s generic material content marking 

would therefore not have an impact on 

a consumer’s or dealer’s ability to 

implement a market action. 

(D) MNA stated its belief that NHTSA 

has granted previous petitions for 

inconsequential noncompliance 

involving noncompliant ply-cord 

generic material content labeling. For 

example, the term ‘‘Polyester’’ was 

substituted for ‘‘Nylon’’ in a tread ply 

labeling noncompliance for which a 

petition was filled by Goodyear Tire and 

Rubber Company (Goodyear). In that 

case, NHTSA agreed with Goodyear that 

the non-compliance was 

inconsequential to motor vehicle safety. 

See 77 FR 2775. 

MNA has additionally informed 

NHTSA that it has corrected the 

noncompliance so that all future 

production motorcycle tires will comply 

with FMVSS No. 119. 

In summation, MNA believes that the 

described noncompliance of the subject 

motorcycle tires is inconsequential to 

motor vehicle safety, and that its 

petition, to exempt MNA 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. 

NHTSA Decision 

NHTSA Analysis: The agency agrees 

with MNA that the noncompliance is 

inconsequential to motor vehicle safety. 

The agency believes that the true 

measure of inconsequentiality to motor 

vehicle safety in this case is that there 

is no effect of the noncompliances on 

the operational safety of vehicles on 

which these tires are mounted. 

Although tire construction affects the 

strength and durability, neither the 

agency nor the tire industry provides 

information relating tire strength and 

durability to the number of plies and 

types of ply cord material in the tread 

and sidewall. Therefore, tire dealers and 

customers should consider the tire 

construction information along with 

other information such as load capacity, 

maximum inflation pressure, and tread 

wear, temperature, and traction ratings, 

to assess performance capabilities of 

various tires. 

In the agency’s judgment, the 

incorrect labeling of the tire 

construction information in this 

instance will have an inconsequential 

effect on motor vehicle safety because 

most consumers do not base tire 

purchases or vehicle operation 

parameters on the ply material in a tire. 

NHTSA Decision: In consideration of 

the foregoing, NHTSA has decided that 

MNA has met its burden of persuasion 

that the FMVSS No. 119 noncompliance 

is inconsequential to motor vehicle 

safety. Accordingly, MNA’s petition is 

hereby granted and MNA is exempted 

from the obligation of providing 

notification of, and a 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 

noncompliant tires that MNA no longer 

controlled at the time it determined that 

the noncompliance existed. However, 

the granting of this petition does not 

relieve vehicle 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). 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2014–30241 Filed 12–29–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0083; Notice 2] 

China Manufacturers Alliance, LLC, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: China Manufacturers 

Alliance, LLC (CMA) and Double Coin 

Holdings, Ltd (DCHL) have determined 

that certain Double Coin and Dynatrac 

brand truck & bus radial replacement 

tires that were imported by CMA and 

manufactured by DCHL do not fully 

comply with paragraph S6.5 of 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) and 

Motorcycles. CMA and DCHL filed an 

appropriate report dated June 17, 2014, 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. 

ADDRESSES: For further information on 

this decision contact Abraham Diaz, 

Office of Vehicle Safety Compliance, 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5310, facsimile (202) 366– 

5930. 

SUPPLEMENTARY INFORMATION: 

I. CMA and DCHL’s Petition: Pursuant 

to 49 U.S.C. 30118(d) and 30120(h) and 

the rule implementing those provisions 

at 49 CFR part 556, CMA and DCHL 

submitted a petition 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. 

Notice of receipt of CMA and DCHL’s 

petition was published, with a 30-Day 

public comment period, on September 

15, 2014 in the Federal Register (79 FR 

55068). No comments were received. To 

view the petition and all supporting 

documents log onto the Federal Docket 

Management System (FDMS) Web site 

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

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