81 FR 51266 - Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 149 (August 3, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 149 (August 3, 2016)
| Page Range | 51266-51267 | |
| FR Document | 2016-18308 |
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)] [Notices] [Pages 51266-51267] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18308] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0067; 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. ----------------------------------------------------------------------- SUMMARY: Michelin North America, Inc. (MNA), has determined that certain MNA tires do not fully comply with paragraph S5.5.1(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic radial tires for light vehicles. MNA filed a report dated May 5, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is September 2, 2016. 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 be 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 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 http://www.regulations.gov, including any personal information provided. The petition, supporting materials, and all comments 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 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 documents 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 http://www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown at the heading of this notice. DOT's complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477-78). 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 as it relates 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 186 MNA Uniroyal Tiger Paw AWP II size P215/70R15 97T passenger car tires that were manufactured between January 10, 2016 and January 13, 2016. III. Noncompliance: MNA explains that two of the digits in the tire identification number (TIN) that identify the week and year of manufacture were inadvertently switched. This resulted in the tires, which were manufactured in the second week of 2016, being molded with a manufacturing date of ``0126'' rather than the correct marking of ``0216,'' [[Page 51267]] contrary to the requirements specified in paragraph S5.5.1 of FMVSS No. 139 and 49 CFR 574,5(g)(4). IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 requires in pertinent part: S5.5.1 Tire Identification Number. . . . (b) Tires manufactured on or after September 1, 2009. Each tire must be labeled with the tire identification number required by 49 CFR part 574 on the intended outboard sidewall of the tire. 49 CFR 574.5(g)(4) provides that the fourth grouping of symbols within the tire identification number shall ``identify the week and year of manufacture.'' The regulation specifies that ``[t]he first and second symbols of the date code must identify the week of the year,'' and ``[t]he third and fourth symbols of the date code identify the last two digits of the year of manufacture.'' Applying these requirements, the subject tires, which were manufactured during week 2 of 2016, should display ``0216'' as the date code, but instead display ``0126'' as the date code. V. Summary of MNA's Petition: MNA believes that this noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, MNA submitted the following information and analysis of the subject noncompliance: 1. MNA stated that although the date code is not correct, it specifies a date well into the future and thus offers a unique identification for the subject tires. Futhermore, the incorrect but unique coding has been recorded in MNA's records and can be used to identify the subject tires in the event of a future market action. 2. MNA also stated that there should be no risk of duplication of the TIN in the future since the current 2 digit plant code will evolve to a 3 digit plant code by April 25, 2025, thus creating a new TIN sequence prior to week 1 of 2026 (the date inadvertently specified on the subject tires). 3. MNA further noted that that the incorrect date code does not compromise the ability to register the tire. Tire registration cards accept the date as marked (0126). Moreover, the Uniroyal tire registration Web page accepts the TIN with the date as described. 4. MNA also stated that Michelin's consumer care team has been informed should there be any questions from a consumer or dealer. 5. MNA concluded by noting that all other markings on the subject tires conform to the applicable regulations and meet all performance requirements of FMVSS No. 139. In its part 573 Report, MNA stated that there is no imminent safety risk associated with the mismarking. In summation, MNA believes that the described noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition, to exempt MNA 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, 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. 2016-18308 Filed 8-2-16; 8:45 am] BILLING CODE 4910-59-P
![51266 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices
Interested parties are invited to DEPARTMENT OF TRANSPORTATION provided. If you wish to receive
participate in these proceedings by confirmation that comments you have
submitting written views, data, or National Highway Traffic Safety submitted by mail were received, please
comments. FRA does not anticipate Administration enclose a stamped, self-addressed
scheduling a public hearing in postcard with the comments. Note that
[Docket No. NHTSA–2016–0067; Notice 1]
connection with these proceedings since all comments received will be posted
the facts do not appear to warrant a Michelin North America, Inc., Receipt without change to http://
hearing. If any interested party desires of Petition for Decision of www.regulations.gov, including any
an opportunity for oral comment, they Inconsequential Noncompliance personal information provided.
should notify FRA, in writing, before The petition, supporting materials,
AGENCY: National Highway Traffic and all comments received before the
the end of the comment period and
Safety Administration (NHTSA), close of business on the closing date
specify the basis for their request. Department of Transportation (DOT). indicated above will be filed in the
All communications concerning these ACTION: Receipt of petition. docket and will be considered. All
proceedings should identify the comments and supporting materials
appropriate docket number and may be SUMMARY: Michelin North America, Inc. received after the closing date will also
submitted by any of the following (MNA), has determined that certain be filed and will be considered to the
methods: MNA tires do not fully comply with extent possible.
• Web site: http:// paragraph S5.5.1(b) of Federal Motor When the petition is granted or
Vehicle Safety Standard (FMVSS) No. denied, notice of the decision will also
www.regulations.gov. Follow the online
139, New pneumatic radial tires for light be published in the Federal Register
instructions for submitting comments.
vehicles. MNA filed a report dated May pursuant to the authority indicated at
• Fax: 202–493–2251. 5, 2016, pursuant to 49 CFR part 573, the end of this notice.
• Mail: Docket Operations Facility, Defect and Noncompliance All documents submitted to the
U.S. Department of Transportation, 1200 Responsibility and Reports. MNA then docket may be viewed by anyone at the
New Jersey Avenue SE., W12–140, petitioned NHTSA under 49 CFR part address and times given above. The
Washington, DC 20590. 556 requesting a decision that the documents may also be viewed on the
subject noncompliance is Internet at http://www.regulations.gov
• Hand Delivery: 1200 New Jersey inconsequential as it relates to motor by following the online instructions for
Avenue SE., Room W12–140, vehicle safety. accessing the dockets. The docket ID
Washington, DC 20590, between 9 a.m.
DATES: The closing date for comments number for this petition is shown at the
and 5 p.m., Monday through Friday,
on the petition is September 2, 2016. heading of this notice.
except Federal Holidays. DOT’s complete Privacy Act
ADDRESSES: Interested persons are
Communications received by invited to submit written data, views, Statement is available for review in the
September 19, 2016 will be considered and arguments on this petition. Federal Register published on April 11,
by FRA before final action is taken. Comments must refer to the docket and 2000, (65 FR 19477–78).
Comments received after that date will notice number cited in the title of this SUPPLEMENTARY INFORMATION:
be considered as far as practicable. notice and be submitted by any of the I. Overview: Pursuant to 49 U.S.C.
Anyone is able to search the following methods: 30118(d) and 30120(h) (see
electronic form of any written • Mail: Send comments by mail implementing rule at 49 CFR part 556),
communications and comments addressed to: U.S. Department of MNA submitted a petition for an
received into any of our dockets by the Transportation, Docket Operations, M– exemption from the notification and
name of the individual submitting the 30, West Building Ground Floor, Room remedy requirements of 49 U.S.C.
comment (or signing the document, if W12–140, 1200 New Jersey Avenue SE., Chapter 301 on the basis that this
submitted on behalf of an association, Washington, DC 20590. noncompliance is inconsequential as it
• Hand Deliver: Deliver comments by relates to motor vehicle safety.
business, labor union, etc.). In
hand to U.S. Department of This notice of receipt of MNA’s
accordance with 5 U.S.C. 553(c), DOT
Transportation, Docket Operations, M– petition is published under 49 U.S.C.
solicits comments from the public to
30, West Building Ground Floor, Room 30118 and 30120 and does not represent
better inform its processes. DOT posts W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of
these comments, without edit, including Washington, DC 20590. The Docket judgment concerning the merits of the
any personal information the Section is open on weekdays from 10 petition.
commenter provides, to a.m. to 5 p.m. except Federal Holidays. II. Tires Involved: Affected are
www.regulations.gov, as described in • Electronically: Submit comments approximately 186 MNA Uniroyal Tiger
the system of records notice (DOT/ALL– electronically by logging onto the Paw AWP II size P215/70R15 97T
14 FDMS), which can be reviewed at Federal Docket Management System passenger car tires that were
www.dot.gov/privacy. See also http:// (FDMS) Web site at http:// manufactured between January 10, 2016
www.regulations.gov/#!privacyNotice www.regulations.gov/. Follow the online and January 13, 2016.
for the privacy notice of regulations.gov. instructions for submitting comments. III. Noncompliance: MNA explains
Comments may also be faxed to (202) that two of the digits in the tire
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Issued in Washington, DC, on July 29,
2016. 493–2251. identification number (TIN) that
Comments must be written in the identify the week and year of
Karl Alexy
English language, and be no greater than manufacture were inadvertently
Director, Office of Safety Analysis. 15 pages in length, although there is no switched. This resulted in the tires,
[FR Doc. 2016–18386 Filed 8–2–16; 8:45 am] limit to the length of necessary which were manufactured in the second
BILLING CODE 4910–06–P attachments to the comments. If week of 2016, being molded with a
comments are submitted in hard copy manufacturing date of ‘‘0126’’ rather
form, please ensure that two copies are than the correct marking of ‘‘0216,’’
VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1](https://thefederalregister.org/doc/81_FR_51415/page/1.svg)
![Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 51267
contrary to the requirements specified and meet all performance requirements Standard (FMVSS) No. 139, New
in paragraph S5.5.1 of FMVSS No. 139 of FMVSS No. 139. Pneumatic Radial Tires for Light
and 49 CFR 574,5(g)(4). In its part 573 Report, MNA stated Vehicles. Cooper filed a report dated
IV. Rule Text: Paragraph S5.5.1 of that there is no imminent safety risk May 24, 2016, pursuant to 49 CFR part
FMVSS No. 139 requires in pertinent associated with the mismarking. 573, Defect and Noncompliance
part: In summation, MNA believes that the Responsibility and Reports. Cooper then
S5.5.1 Tire Identification Number. described noncompliance is petitioned NHTSA under 49 CFR part
. . . inconsequential as it relates to motor 556 for a decision that the subject
(b) Tires manufactured on or after vehicle safety, and that its petition, to noncompliance is inconsequential as it
September 1, 2009. Each tire must be labeled exempt MNA from providing relates to motor vehicle safety.
with the tire identification number required notification of the noncompliance, as DATES: The closing date for comments
by 49 CFR part 574 on the intended outboard required by 49 U.S.C. 30118, and a
sidewall of the tire. on the petition is September 2, 2016.
remedy for the noncompliance, as ADDRESSES: Interested persons are
49 CFR 574.5(g)(4) provides that the required by 49 U.S.C. 30120, should be
fourth grouping of symbols within the invited to submit written data, views,
granted. and arguments on this petition.
tire identification number shall NHTSA notes that the statutory
‘‘identify the week and year of Comments must refer to the docket and
provisions (49 U.S.C. 30118(d) and notice number cited in the title of this
manufacture.’’ The regulation specifies 30120(h)) that permit manufacturers to
that ‘‘[t]he first and second symbols of notice and be submitted by any of the
file petitions for a determination of following methods:
the date code must identify the week of inconsequentiality allow NHTSA to
the year,’’ and ‘‘[t]he third and fourth • Mail: Send comments by mail
exempt manufacturers only from the addressed to U.S. Department of
symbols of the date code identify the duties found in sections 30118 and
last two digits of the year of Transportation, Docket Operations, M–
30120, respectively, to notify owners, 30, West Building Ground Floor, Room
manufacture.’’ Applying these purchasers, and dealers of a defect or
requirements, the subject tires, which W12–140, 1200 New Jersey Avenue SE.,
noncompliance and to remedy the Washington, DC 20590.
were manufactured during week 2 of defect or noncompliance. Therefore, any • Hand Deliver: Deliver comments by
2016, should display ‘‘0216’’ as the date decision on this petition only applies to hand to U.S. Department of
code, but instead display ‘‘0126’’ as the the subject tires that MNA no longer Transportation, Docket Operations, M–
date code. controlled at the time it determined that
V. Summary of MNA’s Petition: MNA 30, West Building Ground Floor, Room
the noncompliance existed. However, W12–140, 1200 New Jersey Avenue SE.,
believes that this noncompliance is any decision on this petition does not
inconsequential as it relates to motor Washington, DC 20590. The Docket
relieve equipment distributors and Section is open on weekdays from 10
vehicle safety. dealers of the prohibitions on the sale,
In support of its petition, MNA a.m. to 5 p.m. except Federal Holidays.
offer for sale, or introduction or delivery • Electronically: Submit comments
submitted the following information for introduction into interstate
and analysis of the subject electronically by logging onto the
commerce of the noncompliant tires Federal Docket Management System
noncompliance: under their control after MNA notified
1. MNA stated that although the date (FDMS) Web site at http://
them that the subject noncompliance www.regulations.gov/. Follow the online
code is not correct, it specifies a date existed.
well into the future and thus offers a instructions for submitting comments.
unique identification for the subject Authority: (49 U.S.C. 30118, 30120: • Comments may also be faxed to
tires. Futhermore, the incorrect but delegations of authority at 49 CFR 1.95 and (202) 493–2251.
501.8) Comments must be written in the
unique coding has been recorded in
MNA’s records and can be used to Jeffrey M. Giuseppe, English language, and be no greater than
identify the subject tires in the event of Director, Office of Vehicle Safety Compliance.
15 pages in length, although there is no
a future market action. limit to the length of necessary
[FR Doc. 2016–18308 Filed 8–2–16; 8:45 am]
2. MNA also stated that there should attachments to the comments. If
BILLING CODE 4910–59–P
be no risk of duplication of the TIN in comments are submitted in hard copy
the future since the current 2 digit plant form, please ensure that two copies are
code will evolve to a 3 digit plant code DEPARTMENT OF TRANSPORTATION provided. If you wish to receive
by April 25, 2025, thus creating a new confirmation that comments you have
TIN sequence prior to week 1 of 2026 National Highway Traffic Safety submitted by mail were received, please
(the date inadvertently specified on the Administration enclose a stamped, self-addressed
subject tires). postcard with the comments. Note that
[Docket No. NHTSA–2016–0072; Notice 1] all comments received will be posted
3. MNA further noted that that the
incorrect date code does not without change to http://
Cooper Tire & Rubber Company,
compromise the ability to register the www.regulations.gov, including any
Receipt of Petition for Decision of
tire. Tire registration cards accept the personal information provided.
Inconsequential Noncompliance
date as marked (0126). Moreover, the The petition, supporting materials,
Uniroyal tire registration Web page AGENCY: National Highway Traffic and all comments received before the
close of business on the closing date
asabaliauskas on DSK3SPTVN1PROD with NOTICES
accepts the TIN with the date as Safety Administration (NHTSA),
described. Department of Transportation (DOT). indicated above will be filed in the
4. MNA also stated that Michelin’s ACTION: Receipt of petition. docket and will be considered. All
consumer care team has been informed comments and supporting materials
should there be any questions from a SUMMARY: Cooper Tire & Rubber received after the closing date will also
consumer or dealer. Company (Cooper), has determined that be filed and will be considered to the
5. MNA concluded by noting that all certain Mastercraft and Big O tires do extent possible.
other markings on the subject tires not fully comply with paragraph S5.5(f) When the petition is granted or
conform to the applicable regulations of Federal Motor Vehicle Safety denied, notice of the decision will also
VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1](https://thefederalregister.org/doc/81_FR_51415/page/2.svg)
Document Created: 2016-08-02 23:43:57
Document Modified: 2016-08-02 23:43:57
| 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 September 2, 2016. | |
| FR Citation | 81 FR 51266 |
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