82_FR_24305 82 FR 24205 - Michelin North America, Inc., Mootness of Petition for Decision of Inconsequential Noncompliance

82 FR 24205 - Michelin North America, Inc., Mootness of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 100 (May 25, 2017)

Page Range24205-24206
FR Document2017-10745

Michelin North America, Inc. (MNA), has determined that certain Michelin heavy truck tires do not fully comply with 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 noncompliance report dated September 18, 2015. MNA then petitioned NHTSA on October 1, 2015, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 100 (Thursday, May 25, 2017)
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24205-24206]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10745]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0103; Notice 2]


Michelin North America, Inc., Mootness of Petition for Decision 
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Mootness of Petition.

-----------------------------------------------------------------------

SUMMARY: Michelin North America, Inc. (MNA), has determined that 
certain Michelin heavy truck tires do not fully comply with 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 noncompliance report dated September 18, 
2015. MNA then petitioned NHTSA on October 1, 2015, for a decision that 
the subject noncompliance is inconsequential as it relates to motor 
vehicle safety.

FOR FURTHER INFORMATION CONTACT: 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. Overview

    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

[[Page 24206]]

More than 4,536 kilograms (10,000 pounds) and Motorcycles. MNA has 
filed a report dated September 18, 2015, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. MNA then 
petitioned NHTSA on October 1, 2015, pursuant to 49 U.S.C. 30118(d) and 
30120(h) (see implementing rule at 49 CFR part 556), 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.
    Notice of receipt of the petition was published with a 30-day 
public comment period, on November 19, 2015 in the Federal Register (80 
FR 72483). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2015-0103.''

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 US 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 Organisation (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.
    (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.
    (6) 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.

VI. NHTSA'S Decision

    As part of a settlement agreement for violations of 49 U.S.C. 
30115(a) and 49 U.S.C. 30112(a)(1), MNA agreed to conduct a 
notification and remedy campaign for the affected tires,\1\ therefore 
this petition is moot. Refer to Docket No. NHTSA-2015-0103 for more 
information about the settlement agreement.
---------------------------------------------------------------------------

    \1\ NHTSA ID 15T-020.

    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. 2017-10745 Filed 5-24-17; 8:45 am]
 BILLING CODE 4910-59-P



                                    Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices                                                           24205

                                                  TABLE I–b—REQUIRED LAMPS AND REFLECTIVE DEVICES
                        Lighting device                            Number and color             Mounting location           Mounting height            Device activation

     ALL TRAILERS

                         *                      *                     *                   *                     *                   *                   *
     Reflex Reflectors. A trailer equipped with a con-         2 Amber. None required       On each side as far to      Not less than 15 inches,   Not applicable.
       spicuity treatment in conformance with S8.2 of this       on trailers less than       the front as practicable     nor more than 60
       standard need not be equipped with reflex reflec-         1829 mm [6 ft] in over-     exclusive of the trailer     inches.
       tors if the conspicuity material is placed at the lo-     all length including the    tongue.
       cations of the required reflex reflectors.                trailer tongue.

                         *                    *                      *                    *                    *                    *                   *



     V. Summary of DRV’s Arguments                             headlamps (between 22 and 54 inches),                      Authority: (49 U.S.C. 30118, 30120:
                                                               achieving such ideal performance is                      Delegations of authority at 49 CFR 1.95 and
        DRV stated its belief that the subject                                                                          501.8)
     noncompliance is inconsequential to                       impractical. FMVSS No. 108, which
     motor vehicle safety because a reflex                     establishes minimum performance                          Jeffrey M. Giuseppe,
     reflector is present as required by                       standards for reflex reflectors, specifies               Acting Associate Administrator, Enforcement.
     FMVSS No. 108 but the reflector is                        a range of acceptable reflector mounting                 [FR Doc. 2017–10744 Filed 5–24–17; 8:45 am]
     located approximately 8″ to 10″ above                     heights (not less than 15 inches or more                 BILLING CODE 4910–59–P
     the maximum allowable height for such                     than 60 inches) to ensure that reflex
     reflectors.                                               reflectors are exposed to enough
        DRV also stated that it has received no                illumination to be effective. The                        DEPARTMENT OF TRANSPORTATION
     complaints, and does not know of any                      standard also provides allowances in
     accidents that have occurred, due to the                  the fore and aft location of reflex                      National Highway Traffic Safety
     reflectors being in the non-compliant                                                                              Administration
                                                               reflectors (e.g., as far to the front as
     position.                                                 practicable). This flexibility provides                  [Docket No. NHTSA–2015–0103; Notice 2]
        In summation, DRV believes that the
                                                               vehicle manufacturers with sufficient
     described noncompliance of the subject                                                                             Michelin North America, Inc., Mootness
     trailers is inconsequential to motor                      flexibility in mounting locations to
                                                               ensure that the mounting height remains                  of Petition for Decision of
     vehicle safety. DRV asks NHTSA to                                                                                  Inconsequential Noncompliance
     grant a petition to exempt DRV from                       in the appropriate range to ensure
     providing notification of a                               adequate reflex reflector performance                    AGENCY: National Highway Traffic
     noncompliance recall as required by 49                    relative to headlamps that would                         Safety Administration (NHTSA),
     U.S.C. 30118 and remedying the                            illuminate them.                                         Department of Transportation (DOT).
     noncompliance as required by 49 U.S.C.                       DRV also states that it was not aware                 ACTION: Mootness of Petition.
     30120.                                                    of any complaints or accidents that                      SUMMARY:   Michelin North America, Inc.
     NHTSA Decision                                            occurred due to the positioning of the                   (MNA), has determined that certain
                                                               reflex reflector. In NHTSA’s view, the                   Michelin heavy truck tires do not fully
        NHTSA’s Analysis: After review of
                                                               absence of complaints does not provide                   comply with Federal Motor Vehicle
     DRV’s petition, NHTSA has determined
     that the petitioner has not met the                       persuasive evidence demonstrating a                      Safety Standard (FMVSS) No. 119, New
     burden of persuasion that the                             lack of a safety issue here, nor does it                 Pneumatic Tires for Motor Vehicles with
     noncompliance is inconsequential to                       mean that there will not be safety issues                a GVWR of More than 4,536 kilograms
     safety. DRV failed to provide any data                    in the future. As such, NHTSA does not                   (10,000 pounds) and Motorcycles. MNA
     supporting its conclusion that the                        consider this to be a determining factor                 filed a noncompliance report dated
     noncompliance is inconsequential and,                     that DRV’s noncompliance is                              September 18, 2015. MNA then
     except for stating it had not received                    inconsequential to motor vehicle safety.                 petitioned NHTSA on October 1, 2015,
     any complaints about the location of the                                                                           for a decision that the subject
                                                                  NHTSA’s Decision: In consideration
     reflectors, did not address any of the                                                                             noncompliance is inconsequential as it
                                                               of the foregoing, NHTSA finds that DRV
     potential safety risks associated with the                                                                         relates to motor vehicle safety.
                                                               has not met its burden of persuasion in
     noncompliance.                                                                                                     FOR FURTHER INFORMATION CONTACT: For
                                                               support of the claim that the FMVSS
        For the purposes of FMVSS No. 108,                                                                              further information on this decision
                                                               No. 108 noncompliance in the subject
     the primary function of a reflex reflector                                                                         contact Abraham Diaz, Office of Vehicle
                                                               trailers is inconsequential to motor
     is to prevent crashes by permitting early                                                                          Safety Compliance, the National
     detection of an unlighted motor vehicle                   vehicle safety. DRV has not presented                    Highway Traffic Safety Administration
     at an intersection or when parked on or                   any data indicating that the performance                 (NHTSA), telephone (202) 366–5310,
     by the side of the road. Because reflex                   of a reflex reflector mounted at a height                facsimile (202) 366–5930.
     reflectors are not independent light                      of 68 to 70 inches above the ground                      SUPPLEMENTARY INFORMATION:
     sources, their performance is wholly                      provides a level of safety performance
     reliant upon the amount of illumination                   equivalent to that of a reflector mounted                I. Overview
     they receive from vehicle headlamps.                      within the range of heights specified by                    Michelin North America, Inc. (MNA),
     Ideally, a reflex reflector would achieve                 FMVSS No. 108. Accordingly, DRV’s                        has determined that certain Michelin
     its highest performance when the reflex                   petition is hereby denied and DRV is                     heavy truck tires do not fully comply
     reflector is mounted at the height of                     obligated to provide notification of, and                with paragraphs S6.5(a) and (j) of
     another vehicle’s lower beam ‘‘hot                        a free remedy for, that noncompliance                    Federal Motor Vehicle Safety Standard
     spot.’’ Due to the significant range of                   under 49 U.S.C. 30118 and 30120.                         (FMVSS) No. 119, New Pneumatic Tires
     permissible mounting heights for                                                                                   for Motor Vehicles with a GVWR of


VerDate Sep<11>2014    18:04 May 24, 2017   Jkt 241001   PO 00000    Frm 00111   Fmt 4703     Sfmt 4703   E:\FR\FM\25MYN1.SGM    25MYN1


     24206                         Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices

     More than 4,536 kilograms (10,000                       sidewalls with the European Tyre and                  therefore this petition is moot. Refer to
     pounds) and Motorcycles. MNA has                        Rim Technical Organisation (ETRTO)                    Docket No. NHTSA–2015–0103 for more
     filed a report dated September 18, 2015,                published load capacities in pounds and               information about the settlement
     pursuant to 49 CFR part 573, Defect and                 kilograms for single and dual                         agreement.
     Noncompliance Responsibility and                        application in the format specified by                  Authority: 49 U.S.C. 30118, 30120:
     Reports. MNA then petitioned NHTSA                      FMVSS No. 119. MNA believes that this                 delegations of authority at 49 CFR 1.95 and
     on October 1, 2015, pursuant to 49                      marking provides sufficient information               501.8.
     U.S.C. 30118(d) and 30120(h) (see                       to ensure the proper application of the
     implementing rule at 49 CFR part 556),                  tire.                                                 Jeffrey M. Giuseppe,
     for an exemption from the notification                     (2) Load Index: The subject tire is                Director, Office of Vehicle Safety Compliance.
     and remedy requirements of 49 U.S.C.                    marked with the [International                        [FR Doc. 2017–10745 Filed 5–24–17; 8:45 am]
     Chapter 301 on the basis that this                      Organization for Standardization] ISO                 BILLING CODE 4910–59–P
     noncompliance is inconsequential as it                  load indices for single and dual
     relates to motor vehicle safety.                        application as specified by the ETRTO
        Notice of receipt of the petition was                standard. MNA believes that ISO load                  DEPARTMENT OF THE TREASURY
     published with a 30-day public                          indices are widely recognized within
     comment period, on November 19, 2015                    the industry and thus provide                         Internal Revenue Service
     in the Federal Register (80 FR 72483).                  additional information to ensure the
     No comments were received. To view                      proper application of the tire.                       Proposed Collection; Comment
     the petition and all supporting                            (3) Other Markings: All other                      Request for Form 8867
     documents log onto the Federal Docket                   markings specified by FMVSS No. 119                   AGENCY: Internal Revenue Service (IRS),
     Management System (FDMS) Web site                       are present on the tire including the full            Treasury.
     at: https://www.regulations.gov/. Then                  tire identification number (TIN).
                                                                                                                   ACTION: Notice and request for
     follow the online search instructions to                   (4) Performance: The subject tire
     locate docket number ‘‘NHTSA–2015–                      meets all performance requirements of                 comments.
     0103.’’                                                 FMVSS No. 119. MNA believes that the                  SUMMARY:   The Department of the
                                                             subject noncompliances have no impact                 Treasury, as part of its continuing effort
     II. Tires Involved
                                                             on the load carrying capacity of the tire             to reduce paperwork and respondent
        Affected are approximately 247                       on a motor vehicle, nor on motor                      burden, invites the general public and
     Michelin X Works XZY size 315/                          vehicle safety itself.                                other Federal agencies to take this
     80R22.5 156/150K heavy truck tires that                    (5) Vehicle Fitment: Paragraph S6 of               opportunity to comment on proposed
     were manufactured between January 1,                    FMVSS No. 119 requires that the                       and/or continuing information
     2011 and July 31, 2015.                                 marking should contain load capacity                  collections, as required by the
     III. Noncompliance                                      values in pounds and kilograms as well                Paperwork Reduction Act of 1995.
                                                             as a letter designating the load range.                 Currently, the IRS is soliciting
        MNA describes the noncompliance’s                    This information is used by vehicle
     as the inadvertent omission from the                                                                          comments concerning Form 8867, Paid
                                                             owners to ensure adequate tire load                   Preparer’s Earned Income Credit
     tires sidewall of the letter marking that               capacity for the specific vehicle
     designates the tire load range as                                                                             Checklist.
                                                             configuration. Although the subject tire
     required by paragraph S6.5(j) and the                                                                         DATES: Written comments should be
                                                             lacks the letter designating the load
     symbol ‘‘DOT’’ confirming certification                 range, MNA believes that the ETRTO                    received on or before July 24, 2017 to be
     as required by paragraph S6.5(a) of                     standard load capacity values and ISO                 assured of consideration.
     FMVSS No. 119.                                          load indices for single and dual                      ADDRESSES: Direct all written comments
     IV. Rule Text                                           application which are widely                          to Tuawana Pinkston, Internal Revenue
                                                             recognized in the industry are present to             Service, Room 6526, 1111 Constitution
       Paragraph S6.5 of FMVSS No. 119                                                                             Avenue NW., Washington, DC 20224.
                                                             ensure proper application.
     requires in pertinent part:                                (6) MNA has additionally informed                    Requests for additional information or
       S6.5 Tire Markings. Except as specified in            NHTSA that it has corrected its internal              copies of the form and instructions
     this paragraph, each tire shall be marked on            systems error to prevent similar tires                should be directed to Sara Covington at
     each sidewall with the information specified            from being released for sale in the U.S.              Internal Revenue Service, Room 6526,
     in paragraphs (a) through (j) of this                                                                         1111 Constitution Avenue NW.,
     section. . . .                                          market in the future.
                                                                In summation, MNA believes that the                Washington, DC 20224, or through the
       (a) The symbol DOT, which shall
     constitute a certification that the tire                described noncompliances of the subject               Internet at Sara.L.Covington@irs.gov.
     conforms to applicable Federal Motor                    tires is inconsequential to motor vehicle             SUPPLEMENTARY INFORMATION:
     Vehicle Safety standards. This symbol may               safety, and that its petition, to exempt                Title: Paid Preparer’s Earned Income
     be marked on only one sidewall. . . .                   MNA from providing recall notification                Credit Checklist.
       (j) The letter designating the tire Load              of noncompliances as required by 49                     OMB Number: 1545–1629.
     Range.                                                  U.S.C. 30118 and remedying the recall                   Form Number: 8867.
                                                             noncompliance as required by 49 U.S.C.                  Abstract: Form 8867 helps preparers
     V. Summary of MNA’s Petition                                                                                  meet the due diligence requirements of
                                                             30120 should be granted.
        MNA believes that while it did not                                                                         Internal Revenue Code section 6695(g),
     intend to release the subject tires for                 VI. NHTSA’S Decision                                  which was added by section 1085(a)(2)
     sale in the US market, and therefore did                  As part of a settlement agreement for               of the Taxpayer Relief Act of 1997. Paid
     not mark the tires accordingly, it                      violations of 49 U.S.C. 30115(a) and 49               preparers of Federal Income tax returns
     believes that the subject noncompliance                 U.S.C. 30112(a)(1), MNA agreed to                     or claims for refund involving the
     is inconsequential to motor vehicle                     conduct a notification and remedy                     earned income credit (EIC) must meet
     safety for the following reasons:                       campaign for the affected tires,1                     the due diligence requirements in
        (1) Maximum Load Rating: The                                                                               determining if the taxpayer is eligible
     subject tires are marked on both                         1 NHTSA   ID 15T–020.                                for the RIC and the amount of the credit.


VerDate Sep<11>2014   18:04 May 24, 2017   Jkt 241001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\25MYN1.SGM   25MYN1



Document Created: 2018-11-08 08:53:22
Document Modified: 2018-11-08 08:53:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionMootness of Petition.
ContactFor 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.
FR Citation82 FR 24205 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR