80 FR 72483 - Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 223 (November 19, 2015)

Page Range		72483-72484
FR Document		2015-29473

Michelin North America, Inc. (MNA), has determined that certain Michelin heavy truck tires do not fully comply with paragraphs S6.5(a) and (j) 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 September 18, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 223 (Thursday, November 19, 2015)

[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72483-72484]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-29473]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0103; 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 heavy truck tires do not fully comply with paragraphs
S6.5(a) and (j) 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 September 18, 2015, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is December 21,
2015.

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 at the beginning of this notice and
submitted by any of the following methods:
Mail: Send comments 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.
Hand Deliver: Deliver comments by hand 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.
Electronically: Submit comments 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 (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 above 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.

SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556), MNA 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.
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: Affected are approximately 247 Michelin X Works
XZY size 315/80R22.5 156/150K heavy truck tires that were manufactured
between January 1, 2011 and July 31, 2015.
III. Noncompliance: MNA describes the noncompliance's as the
inadvertent omission from the tires sidewall of the letter marking that
designates the tire load range as required by paragraph S6.5(j) and the
symbol ``DOT'' confirming certification as required by paragraph
S6.5(a) of FMVSS No. 119.
IV. Rule Text: Paragraph S6.5 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. . . .
(a) The symbol DOT, which shall constitute a certification that the
tire conforms to applicable Federal Motor Vehicle Safety standards.
This symbol may be marked on only one sidewall. . . .
(j) The letter designating the tire Load Range.
V. Summary of MNA's Petition: MNA believes that while it did not
intend to release the subject tires for sale in the U.S. market, and
therefore did not mark the tires accordingly, it believes that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
(1) Maximum Load Rating: The subject tires are marked on both
sidewalls with the European Tyre and Rim Technical Organization (ETRTO)
published load capacities in pounds and kilograms for single and dual
application in the format specified by FMVSS No. 119. MNA believes that
this marking provides sufficient information to ensure the proper
application of the tire.
(2) Load Index: The subject tire is marked with the [International
Organization for Standardization] ISO load indices for single and dual
application as specified by the ETRTO standard. MNA believes that ISO
load indices are widely recognized within the industry and thus provide
additional information to ensure the proper application of the tire.
(3) Other Markings: All other markings specified by FMVSS No. 119
are present on the tire including the full tire identification number
(TIN).
(4) Performance: The subject tire meets all performance
requirements of FMVSS No. 119. MNA believes that the subject
noncompliances have no impact on the load carrying capacity of the tire
on a motor vehicle, nor on motor vehicle safety itself.

[[Page 72484]]

(5) Vehicle Fitment: Paragraph S6 of FMVSS No. 119 requires that
the marking should contain load capacity values in pounds and kilograms
as well as a letter designating the load range. This information is
used by vehicle owners to ensure adequate tire load capacity for the
specific vehicle configuration. Although the subject tire lacks the
letter designating the load range, MNA believes that the ETRTO standard
load capacity values and ISO load indices for single and dual
application which are widely recognized in the industry are present to
ensure proper application.
MNA has additionally informed NHTSA that it has corrected its
internal systems error to prevent similar tires from being released for
sale in the U.S. market in the future.
In summation, MNA believes that the described noncompliances of the
subject tires is inconsequential to motor vehicle safety, and that its
petition, to exempt MNA from providing recall notification of
noncompliances 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 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)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-29473 Filed 11-18-15; 8:45 am]
BILLING CODE 4910-59-P

72484 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices

(5) Vehicle Fitment: Paragraph S6 of defect or noncompliance. Therefore, any certain model year (MY) 2009–2013
FMVSS No. 119 requires that the decision on this petition only applies to Aston Martin passenger cars do not fully
marking should contain load capacity the subject tires that MNA no longer comply with paragraph S4.4(c)(2), of
values in pounds and kilograms as well controlled at the time it determined that Federal Motor Vehicle Safety Standard
as a letter designating the load range. the noncompliance existed. However, (FMVSS) No. 138, Tire Pressure
This information is used by vehicle any decision on this petition does not Monitoring Systems. AML has filed an
owners to ensure adequate tire load relieve equipment distributors and appropriate report dated November 4,
capacity for the specific vehicle dealers of the prohibitions on the sale, 2013, pursuant to 49 CFR part 573,
configuration. Although the subject tire offer for sale, or introduction or delivery Defect and Noncompliance
lacks the letter designating the load for introduction into interstate Responsibility and Reports.
range, MNA believes that the ETRTO commerce of the noncompliant tires
ADDRESSES: For further information on
standard load capacity values and ISO under their control after MNA notified
them that the subject noncompliance this decision contact Kerrin Bressant,
load indices for single and dual
existed. Office of Vehicles Safety Compliance,
application which are widely
the National Highway Traffic Safety
recognized in the industry are present to Authority: (49 U.S.C. 30118, 30120: Administration (NHTSA), telephone
ensure proper application. Delegations of authority at 49 CFR 1.95 and (202) 366–1110, facsimile (202) 366–
MNA has additionally informed 501.8)
3081.
NHTSA that it has corrected its internal
Jeffrey M. Giuseppe,
systems error to prevent similar tires SUPPLEMENTARY INFORMATION:
Director, Office of Vehicle Safety Compliance.
from being released for sale in the U.S. I. Overview: Pursuant to 49 U.S.C.
market in the future. [FR Doc. 2015–29473 Filed 11–18–15; 8:45 am]
30118(d) and 30120(h) and the rule
In summation, MNA believes that the BILLING CODE 4910–59–P
implementing those provisions at 49
described noncompliances of the subject
CFR part 556, AML submitted a petition
tires is inconsequential to motor vehicle
DEPARTMENT OF TRANSPORTATION for an exemption from the notification
safety, and that its petition, to exempt
and remedy requirements of 49 U.S.C.
MNA from providing recall notification National Highway Traffic Safety Chapter 301 on the basis that this
of noncompliances as required by 49 Administration noncompliance is inconsequential to
U.S.C. 30118 and remedying the recall
[Docket No. NHTSA–2013–0139; Notice 2]
motor vehicle safety.
noncompliance as required by 49 U.S.C.
30120 should be granted. This notice of receipt of AML’s
NHTSA notes that the statutory Aston Martin Lagonda Limited, Grant petition is published under 49 U.S.C.
provisions (49 U.S.C. 30118(d) and of Petition for Decision of 30118 and 30120 and does not represent
30120(h)) that permit manufacturers to Inconsequential Noncompliance any agency decision or other exercise of
file petitions for a determination of judgment concerning the merits of the
AGENCY: National Highway Traffic
inconsequentiality allow NHTSA to petition.
Safety Administration (NHTSA),
exempt manufacturers only from the Department of Transportation (DOT). II. Vehicles Involved: Affected are
duties found in sections 30118 and ACTION: Grant of petition. approximately 3,282 of the following
30120, respectively, to notify owners, AML model passenger cars
purchasers, and dealers of a defect or SUMMARY: Aston Martin Lagonda manufactured from September 2009
noncompliance and to remedy the Limited (AML) has determined that through October 2013:

Registered Dealer Build [date]
Model amlna fleet un-registered range

DB9 Coupe .................................................................................................................................. 211 41 10/09–10/13
DB9 Volante ................................................................................................................................. 225 53 10/09–10/13
DBS Coupe .................................................................................................................................. 153 1 10/09–08/12
DBS Volante ................................................................................................................................ 147 1 10/09–08/12
Virage Coupe ............................................................................................................................... 120 0 12/10–08/12
Virage Volante ............................................................................................................................. 156 0 12/10–08/12
V8 Vantage Coupe ...................................................................................................................... 385 54 10/09–10/13
V8 Vantage Roadster .................................................................................................................. 279 56 10/09–10/13
V8 Vantage S Coupe ................................................................................................................... 170 9 06/10–10/13
V8 Vantage S Roadster ............................................................................................................... 122 12 06/10–10/13
Rapide .......................................................................................................................................... 671 0 09/09–02/13
Rapide S ...................................................................................................................................... 74 65 01/13–10/13
Vanquish Coupe .......................................................................................................................... 197 80 09/12–10/13

Total ...................................................................................................................................... 2910 372 N/A

III. Noncompliance: AML explains then reactivated after a five minute illuminate within 40 seconds after the
that during testing of the tire pressure period, there was no immediate re- vehicle accelerates above 23 mph.
mstockstill on DSK4VPTVN1PROD with NOTICES

monitoring system (TPMS) it was noted illumination of the malfunction IV. Rule Text: Paragraph S4.4(c)(2) of
that the fitment of an incompatible indicator telltale as required when the FMVSS No. 138 requires in pertinent
wheel and tire unit was correctly malfunction still exists. Although the part:
detected and the malfunction indicator malfunction indicator telltale does not S4.4 TPMS Malfunction.
telltale illuminated as required by re-illuminate immediately after the . . .
FMVSS No. 138. However, when the vehicle ignition is reactivated, it does (c) Combination low tire pressure/TPMS
vehicle ignition was deactivated and malfunction telltale. The vehicle meets the

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Document Created: 2015-12-14 13:56:45
Document Modified: 2015-12-14 13:56:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Receipt of petition.
Dates		The closing date for comments on the petition is December 21, 2015.
FR Citation		80 FR 72483

80 FR 72483 - Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 223 (November 19, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration