81 FR 79093 - 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 218 (November 10, 2016)

Page Range		79093-79094
FR Document		2016-27118

Michelin North America, Inc. (MNA), has determined that certain MNA tires do not fully comply with paragraph S6.5(d) 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 filed a report dated September 1, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA then petitioned NHTSA under 49 CFR part 556 for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 81 Issue 218 (Thursday, November 10, 2016)

[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 79093-79094]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-27118]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0094; 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 MNA tires do not fully comply with paragraph S6.5(d) 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 filed a report dated September 1, 2016, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports. MNA then petitioned NHTSA under 49 CFR part 556 for 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 December 12,
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
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 Delivery: 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 https://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 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 dockets. 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

Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their implementing
regulations 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 184 Michelin Pilot Power 3 size 180/
55ZR17 M/C (73W) replacement tires manufactured between April 17, 2016,
and May 7, 2016 that are primarily intended for street use on sport
motorcycles.

III. Noncompliance

MNA describes the noncompliance as the inadvertent omission of the
markings that designate the maximum load and corresponding inflation
pressure for the load, as required by paragraph S6.5(d) of FMVSS No.
119.

IV. Rule Text

Paragraph S6.5(d) of FMVSS No. 119 provides, 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 . . .
(d) The maximum load rating and corresponding inflation pressure
of the tire, shown as follows:
(Mark on tires rated for single and dual load): Max load single
__kg (__lb) at __kPa (__psi) cold. Max load dual __kg (__lb) at
__kPa (__psi) cold.

[[Page 79094]]

(Mark on tires rated only for single load): Max load __kg (__lb)
at __kPa (__psi) cold . . .

V. Summary of MNA's Petition

MNA described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
In support of its petition, MNA submitted the following reasoning:
(a) Installation--The subject tires provide sidewall markings that
include the correct industry standard tire size identified as ``180/
55ZR17 M/C,'' the service description identified as ``(73W)'' using an
ISO load index and speed symbol, and the load range identified as Load
Range ``B.'' This properly and precisely identifies the tire for
correct installation.
(b) Inflation Pressure--The correct application pressures for the
front and rear positions are identified on the motorcycle vehicle
placard as required by 49 CFR part 567 and in the owner's manual, and
these sources are referred to specifically in information published by
NHTSA, motorcycle manufacturers, and tire manufacturers. The inflation
pressures furnished by the motorcycle manufacturer via these two
sources are the pressures that provide the load capacity and optimum
ride and handling characteristics specific to the application. The
sidewall marking is not cited as a source for the recommended operating
inflation pressure.
a. For example, NHTSA's online ``Motorcycle Safety Tips''
specifically refers to the owner's manual and vehicle placard: ``Look
in your motorcycle owner's manual to find the right PSI (pounds per
square inch) of air pressure for your tires. Some bike manufacturers
also list this information on the bike itself. Common locations include
the swing arm, front fork tubes, inside the trunk, and under the
seat.''
b. Additionally, the Motorcycle Industry Council Tire Guide
explains, ``Check the air pressure when the tires are cold. . .and
adjust it according to your motorcycle owner's manual or the tire
information label on the chain guard, frame, or swingarm.''
c. Similarly, Michelin's Professional Motorcycle Tire Guide 2016
states: ``Use the inflation pressure recommended by the motorcycle
manufacturer . . . The proper inflation pressures for your motorcycle
tires are shown in your motorcycle owner's manual.''
d. The applicable pressure is also a function of the maximum speed
capability of the motorcycle, another reason that the proper source for
tire inflation pressure is the motorcycle vehicle placard or owner's
manual rather than the tire sidewall.
e. Michelin's Professional Motorcycle Tire Guide 2016 and the
Motorcycle Industry Tire Guide both advise not to exceed the pressure
marked on the sidewall when setting a usage pressure. However, the
recommended pressure on the motorcycle vehicle placard and the
motorcycle owner's manual conforming to 49 CFR 571.120 will never
exceed the sidewall pressure for a properly fitted tire as described
above in section ``A'' (Installation). The tire size, load index, speed
symbol, and load range all provide for proper installation.
Additionally, the sidewall pressure is not a ``maximum'' pressure. It
is the pressure corresponding to the maximum load. For example,
Michelin's Professional Motorcycle Tire Guide 2016 advises that the
pressure regulator be set at 60 psi for mounting motorcycle tires, and
the Michelin motorcycle Web site FAQ section explains that up to 60 psi
of pressure can be used to seat beads when mounting motorcycle tires
and then adjusted to the recommended pressure found on the vehicle
placard or owner's manual. The sidewall pressure corresponding to the
maximum load on the subject tire is 290 kPa or 42 psi.
(c) Max Load Information--The maximum load value corresponding to
the ISO load index on the tire is published in Michelin's Professional
Motorcycle Tire Guide 2016 available online, the Motorcycle Industry
Council Tire Guide available online, as well as a number of retail
sites. The ISO load index of ``73'' and the designation Load Range
``B'' that are present on the tire provide load description
information, and along with the tire size they provide a clear cross
reference to the cited publications that offer the load value in pounds
if needed. Again, the tire size and load range provided are sufficient
to assure the tire is appropriate for the motorcycle and corresponding
pressure requirements as a function of speed capability are provided on
the vehicle placard as well as the owner's manual.
(d) Other Markings--All other markings conform to the applicable
regulations.
(e) Performance--The subject tire meets all performance
requirements of FMVSS No. 119.
MNA concluded by expressing the belief 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, 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 tire
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. 2016-27118 Filed 11-9-16; 8:45 am]
BILLING CODE 4910-59-P

79094 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices

(Mark on tires rated only for single load): vehicle placard or owner’s manual NHTSA notes that the statutory
Max load __kg (__lb) at __kPa (__psi) cold rather than the tire sidewall. provisions (49 U.S.C. 30118(d) and
. . . e. Michelin’s Professional Motorcycle 30120(h)) that permit manufacturers to
V. Summary of MNA’s Petition Tire Guide 2016 and the Motorcycle file petitions for a determination of
Industry Tire Guide both advise not to inconsequentiality allow NHTSA to
MNA described the subject exceed the pressure marked on the exempt manufacturers only from the
noncompliance and stated its belief that sidewall when setting a usage pressure. duties found in sections 30118 and
the noncompliance is inconsequential However, the recommended pressure on 30120, respectively, to notify owners,
as it relates to motor vehicle safety. the motorcycle vehicle placard and the purchasers, and dealers of a defect or
In support of its petition, MNA motorcycle owner’s manual conforming noncompliance and to remedy the
submitted the following reasoning: to 49 CFR 571.120 will never exceed the defect or noncompliance. Therefore, any
(a) Installation—The subject tires sidewall pressure for a properly fitted decision on this petition only applies to
provide sidewall markings that include tire as described above in section ‘‘A’’ the subject tires that MNA no longer
the correct industry standard tire size (Installation). The tire size, load index, controlled at the time it determined that
identified as ‘‘180/55ZR17 M/C,’’ the speed symbol, and load range all the noncompliance existed. However,
service description identified as provide for proper installation. any decision on this petition does not
‘‘(73W)’’ using an ISO load index and Additionally, the sidewall pressure is relieve tire distributors and dealers of
speed symbol, and the load range not a ‘‘maximum’’ pressure. It is the the prohibitions on the sale, offer for
identified as Load Range ‘‘B.’’ This pressure corresponding to the maximum sale, or introduction or delivery for
properly and precisely identifies the tire load. For example, Michelin’s introduction into interstate commerce of
for correct installation. Professional Motorcycle Tire Guide the noncompliant tires under their
(b) Inflation Pressure—The correct 2016 advises that the pressure regulator control after MNA notified them that the
application pressures for the front and be set at 60 psi for mounting motorcycle subject noncompliance existed.
rear positions are identified on the tires, and the Michelin motorcycle Web Authority: (49 U.S.C. 30118, 30120:
motorcycle vehicle placard as required site FAQ section explains that up to 60 Delegations of authority at 49 CFR 1.95 and
by 49 CFR part 567 and in the owner’s psi of pressure can be used to seat beads 501.8)
manual, and these sources are referred when mounting motorcycle tires and
to specifically in information published Jeffrey M. Giuseppe,
then adjusted to the recommended
by NHTSA, motorcycle manufacturers, pressure found on the vehicle placard or Director, Office of Vehicle Safety Compliance.
and tire manufacturers. The inflation owner’s manual. The sidewall pressure [FR Doc. 2016–27118 Filed 11–9–16; 8:45 am]
pressures furnished by the motorcycle corresponding to the maximum load on BILLING CODE 4910–59–P
manufacturer via these two sources are the subject tire is 290 kPa or 42 psi.
the pressures that provide the load (c) Max Load Information—The
capacity and optimum ride and maximum load value corresponding to
handling characteristics specific to the the ISO load index on the tire is DEPARTMENT OF THE TREASURY
application. The sidewall marking is not published in Michelin’s Professional
cited as a source for the recommended Internal Revenue Service
Motorcycle Tire Guide 2016 available
operating inflation pressure. online, the Motorcycle Industry Council Proposed Collection; Comment
a. For example, NHTSA’s online Tire Guide available online, as well as Request for Form 990–N
‘‘Motorcycle Safety Tips’’ specifically a number of retail sites. The ISO load
refers to the owner’s manual and vehicle index of ‘‘73’’ and the designation Load AGENCY: Internal Revenue Service (IRS),
placard: ‘‘Look in your motorcycle Range ‘‘B’’ that are present on the tire Treasury.
owner’s manual to find the right PSI provide load description information, ACTION: Notice and request for
(pounds per square inch) of air pressure and along with the tire size they provide comments.
for your tires. Some bike manufacturers a clear cross reference to the cited
also list this information on the bike publications that offer the load value in SUMMARY: The Department of the
itself. Common locations include the pounds if needed. Again, the tire size Treasury, as part of its continuing effort
swing arm, front fork tubes, inside the and load range provided are sufficient to to reduce paperwork and respondent
trunk, and under the seat.’’ assure the tire is appropriate for the burden, invites the general public and
b. Additionally, the Motorcycle motorcycle and corresponding pressure other Federal agencies to take this
Industry Council Tire Guide explains, requirements as a function of speed opportunity to comment on proposed
‘‘Check the air pressure when the tires capability are provided on the vehicle and/or continuing information
are cold. . .and adjust it according to placard as well as the owner’s manual. collections, as required by the
your motorcycle owner’s manual or the (d) Other Markings—All other Paperwork Reduction Act of 1995,
tire information label on the chain markings conform to the applicable Public Law 104–13(44 U.S.C.
guard, frame, or swingarm.’’ regulations. 3506(c)(2)(A)). Currently, the IRS is
c. Similarly, Michelin’s Professional (e) Performance—The subject tire soliciting comments concerning Form
Motorcycle Tire Guide 2016 states: ‘‘Use meets all performance requirements of 990–N, Electronic Filing System (e-
the inflation pressure recommended by FMVSS No. 119. Postcard) for Tax-Exempt Organizations
the motorcycle manufacturer . . . The MNA concluded by expressing the not Required To file Form 990 or 990–
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proper inflation pressures for your belief that the subject noncompliance is EZ.
motorcycle tires are shown in your inconsequential as it relates to motor DATES: Written comments should be
motorcycle owner’s manual.’’ vehicle safety, and that its petition to be received on or before January 9, 2017 to
d. The applicable pressure is also a exempted from providing notification of be assured of consideration.
function of the maximum speed the noncompliance, as required by 49 ADDRESSES: Direct all written comments
capability of the motorcycle, another U.S.C. 30118, and a remedy for the to Tuawana Pinkston, Internal Revenue
reason that the proper source for tire noncompliance, as required by 49 Service, Room 6526, 1111 Constitution
inflation pressure is the motorcycle U.S.C. 30120, should be granted. Avenue NW., Washington, DC 20224.

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Document Created: 2016-11-10 01:44:04
Document Modified: 2016-11-10 01:44:04

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 12, 2016.
FR Citation		81 FR 79093

81 FR 79093 - Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 218 (November 10, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration