82_FR_32180 82 FR 32049 - Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

82 FR 32049 - Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range32049-32050
FR Document2017-14420

Michelin North America, Inc. (MNA), has determined that certain BFGoodrich gForce Rival S summer performance tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance report dated April 17, 2017. MNA also petitioned NHTSA on May 5, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017) 
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32049-32050]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14420]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0034; 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 BFGoodrich gForce Rival S summer performance tires do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New 
Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance 
report dated April 17, 2017. MNA also petitioned NHTSA on May 5, 2017, 
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 August 10, 
2017.

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 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: Michelin North America, Inc. (MNA), has determined 
that certain BFGoodrich gForce Rival S summer performance tires do not 
fully comply with paragraph S5.2(d) of FMVSS No. 139, New Pneumatic 
Radial Tires for Light Vehicles. MNA filed a noncompliance report dated 
April 17, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. MNA also petitioned NHTSA on May 5, 2017, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 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.
    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: Approximately 370 BFGoodrich gForce Rival S 
summer performance tires, size P335/30ZR18 95W LL, manufactured between 
March 2, 2017, and March 30, 2017, are potentially involved. 
Specifically, these tires are marketed to sports car owners who compete 
in track racing, autocross, and other such activities and events.
    III. Noncompliance: MNA explains that the noncompliance is that the 
tire size designation markings on the sidewalls of the subject tires do 
not contain the tire type code designator symbol from The Tire and Rim 
Association yearbook, as required by paragraph S5.2(d) of FMVSS No. 
139. Specially, the subject tire size reads ``335/30ZR18 95W LL'' but 
should read ``P335/30ZR18 95W LL.''
    IV. Rule Text: Paragraph S5.2(d) of FMVSS No. 139 states, in 
pertinent part:

    S5.2 Performance requirements. Each tire shall conform to each 
of the following:

[[Page 32050]]

    . . .
    (d) Its load rating shall be that specified either in a 
submission made by an individual manufacturer, pursuant to S4, or in 
one of the publications described in S4 for its size designation, 
type and each appropriate inflation pressure. If the maximum load 
rating for a particular tire size is shown in more than one of the 
publications described in S4, each tire of that size designation 
shall have a maximum load rating that is not less than the published 
maximum load rating, or if there are differing maximum load ratings 
for the same tire size designation, not less than the lowest 
published maximum load rating.

    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) Application--The subject tires are marked with the correct 
maximum load and pressure load index, and load description (``Light 
Load'') to ensure proper application. Additionally, the tires have the 
correct tread sticker label showing the correct size designation, part 
number, etc. to ensure proper application.
    (b) Usage--The tire is marketed as a performance summer tire 
commonly used for competition events on tracks or autocross courses. 
Thus, the users of these products are enthusiasts who are attentive to 
details about vehicles and equipment such as tires. In such competition 
events the vehicles are normally operated at the lightest loads 
possible for performance optimization. These tires are normally not 
used in situations involving vehicles with full passenger or cargo 
loads.
    (c) Other Markings--All other markings conform to the applicable 
regulations.
    (d) Performance--The subject tire meets all performance 
requirements of FMVSS No. 139. In the event the tire is fitted to an 
application calling for the European Tire and Rim Technical 
Organization (ETRTO) standard load application of up to 850 kgs because 
of the missing ``P'' prefix, there should be no performance concerns. 
The tire has been tested to FMVSS No. 139 using the ETRTO standard load 
as a basis and it fulfills all performance requirements.
    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 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. 2017-14420 Filed 7-10-17; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices 32049 no effect on aviation land or future BFGoodrich gForce Rival S summer be published in the Federal Register development opportunities for the performance tires do not fully comply pursuant to the authority indicated at airport. An avigation easement will be with Federal Motor Vehicle Safety the end of this notice. placed on the land to protect the Standard (FMVSS) No. 139, New All comments, background airport’s airspace. Pneumatic Radial Tires for Light documentation, and supporting The property has a fair market value Vehicles. MNA filed a noncompliance materials submitted to the docket may of $130,000. The Town installed a new report dated April 17, 2017. MNA also be viewed by anyone at the address and sewer line and pump station to serve the petitioned NHTSA on May 5, 2017, for times given above. The documents may airport terminal building and restaurant a decision that the subject also be viewed on the Internet at https:// at a value of $844,000 and as such, the noncompliance is inconsequential as it www.regulations.gov by following the in-kind services substantiates the fair relates to motor vehicle safety. online instructions for accessing the market value of the land to be DATES: The closing date for comments dockets. The docket ID number for this transferred to the Town. on the petition is August 10, 2017. petition is shown in the heading of this DATES: Comments must be received on ADDRESSES: Interested persons are notice. or before August 10, 2017. invited to submit written data, views, DOT’s complete Privacy Act ADDRESSES: You may send comments and arguments on this petition. Statement is available for review in a using any of the following methods: Comments must refer to the docket and Federal Register notice published on • Federal eRulemaking Portal: Go to notice number cited in the title of this April 11, 2000, (65 FR 19477–78). http://www.regulations.gov, and follow notice and be submitted by any of the SUPPLEMENTARY INFORMATION: the instructions on providing following methods: I. Overview: Michelin North America, comments. • Mail: Send comments by mail Inc. (MNA), has determined that certain • Fax: 202–493–2251. addressed to U.S. Department of BFGoodrich gForce Rival S summer • Mail: U.S. Department of Transportation, Docket Operations, M– performance tires do not fully comply Transportation, Docket Operations, M– 30, West Building Ground Floor, Room with paragraph S5.2(d) of FMVSS No. 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., 139, New Pneumatic Radial Tires for W 12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. Light Vehicles. MNA filed a Washington, DC 20590. • Hand Delivery: Deliver comments noncompliance report dated April 17, • Hand Delivery: Deliver to mail by hand to U.S. Department of 2017, pursuant to 49 CFR part 573, address above between 9 a.m. and 5 Transportation, Docket Operations, M– Defect and Noncompliance p.m., Monday through Friday, except 30, West Building Ground Floor, Room Responsibility and Reports. MNA also Federal holidays. W12–140, 1200 New Jersey Avenue SE., petitioned NHTSA on May 5, 2017, Interested persons may inspect the Washington, DC 20590. The Docket pursuant to 49 U.S.C. 30118(d) and request and supporting documents by Section is open on weekdays from 10 30120(h) and 49 CFR part 556, for an contacting the FAA at the address listed a.m. to 5 p.m. except Federal Holidays. exemption from the notification and under FOR FURTHER INFORMATION • Electronically: Submit comments remedy requirements of 49 U.S.C. CONTACT. electronically by logging onto the Chapter 301 on the basis that this Federal Docket Management System noncompliance is inconsequential as it FOR FURTHER INFORMATION CONTACT: Mr. (FDMS) Web site at https:// Jorge E. Panteli, Compliance and Land relates to motor vehicle safety. www.regulations.gov/. Follow the online This notice of receipt of MNA’s Use Specialist, Federal Aviation instructions for submitting comments. petition is published under 49 U.S.C. Administration New England Region • Comments may also be faxed to Airports Division, 1200 District Avenue, 30118 and 30120 and does not represent (202) 493–2251. Burlington, Massachusetts 01803. Comments must be written in the any agency decision or other exercise of Telephone: 781–238–7618. English language, and be no greater than judgment concerning the merits of the 15 pages in length, although there is no petition. Issued in Burlington, Massachusetts, on II. Tires Involved: Approximately 370 June 5, 2017. limit to the length of necessary attachments to the comments. If BFGoodrich gForce Rival S summer Mary T. Walsh, performance tires, size P335/30ZR18 Manager, ANE–600. comments are submitted in hard copy form, please ensure that two copies are 95W LL, manufactured between March [FR Doc. 2017–14520 Filed 7–10–17; 8:45 am] 2, 2017, and March 30, 2017, are provided. If you wish to receive BILLING CODE 4910–13–P confirmation that comments you have potentially involved. Specifically, these submitted by mail were received, please tires are marketed to sports car owners enclose a stamped, self-addressed who compete in track racing, autocross, DEPARTMENT OF TRANSPORTATION and other such activities and events. postcard with the comments. Note that all comments received will be posted III. Noncompliance: MNA explains National Highway Traffic Safety that the noncompliance is that the tire Administration without change to https:// www.regulations.gov, including any size designation markings on the [Docket No. NHTSA–2017–0034; Notice 1] personal information provided. sidewalls of the subject tires do not All comments and supporting contain the tire type code designator Michelin North America, Inc., Receipt symbol from The Tire and Rim materials received before the close of of Petition for Decision of Association yearbook, as required by business on the closing date indicated Inconsequential Noncompliance paragraph S5.2(d) of FMVSS No. 139. above will be filed in the docket and mstockstill on DSK30JT082PROD with NOTICES AGENCY: National Highway Traffic will be considered. All comments and Specially, the subject tire size reads Safety Administration (NHTSA), supporting materials received after the ‘‘335/30ZR18 95W LL’’ but should read Department of Transportation (DOT). closing date will also be filed and will ‘‘P335/30ZR18 95W LL.’’ be considered to the fullest extent IV. Rule Text: Paragraph S5.2(d) of ACTION: Receipt of petition. possible. FMVSS No. 139 states, in pertinent part: SUMMARY: Michelin North America, Inc. When the petition is granted or S5.2 Performance requirements. Each tire (MNA), has determined that certain denied, notice of the decision will also shall conform to each of the following: VerDate Sep<11>2014 19:57 Jul 10, 2017 Jkt 241001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\11JYN1.SGM 11JYN1

32050 Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Notices . . . ETRTO standard load as a basis and it SUMMARY: In accordance with the (d) Its load rating shall be that specified fulfills all performance requirements. procedures governing the application either in a submission made by an individual MNA concluded by expressing the for, and the processing of, special manufacturer, pursuant to S4, or in one of the belief that the subject noncompliance is permits from the Department of publications described in S4 for its size inconsequential as it relates to motor designation, type and each appropriate Transportation’s Hazardous Material inflation pressure. If the maximum load vehicle safety, and that its petition to be Regulations, notice is hereby given that rating for a particular tire size is shown in exempted from providing notification of the Office of Hazardous Materials Safety more than one of the publications described the noncompliance, as required by 49 has received the application described in S4, each tire of that size designation shall U.S.C. 30118, and a remedy for the herein. Each mode of transportation for have a maximum load rating that is not less noncompliance, as required by 49 which a particular special permit is than the published maximum load rating, or U.S.C. 30120, should be granted. requested is indicated by a number in if there are differing maximum load ratings NHTSA notes that the statutory the ‘‘Nature of Application’’ portion of for the same tire size designation, not less provisions (49 U.S.C. 30118(d) and the table below as follows: 1—Motor than the lowest published maximum load 30120(h)) that permit manufacturers to rating. vehicle, 2—Rail freight, 3—Cargo vessel, file petitions for a determination of 4—Cargo aircraft only, 5—Passenger- V. Summary of MNA’s Petition: MNA inconsequentiality allow NHTSA to carrying aircraft. described the subject noncompliance exempt manufacturers only from the and stated its belief that the duties found in sections 30118 and DATES: Comments must be received on noncompliance is inconsequential as it 30120, respectively, to notify owners, or before August 10, 2017. relates to motor vehicle safety. purchasers, and dealers of a defect or ADDRESSES: Record Center, Pipeline and In support of its petition, MNA noncompliance and to remedy the Hazardous Materials Safety submitted the following reasoning: defect or noncompliance. Therefore, any Administration U.S. Department of (a) Application—The subject tires are decision on this petition only applies to Transportation Washington, DC 20590. marked with the correct maximum load the subject tires that MNA no longer controlled at the time it determined that Comments should refer to the and pressure load index, and load the noncompliance existed. However, application number and be submitted in description (‘‘Light Load’’) to ensure any decision on this petition does not triplicate. If confirmation of receipt of proper application. Additionally, the relieve equipment distributors and comments is desired, include a self- tires have the correct tread sticker label dealers of the prohibitions on the sale, addressed stamped postcard showing showing the correct size designation, offer for sale, or introduction or delivery the special permit number. part number, etc. to ensure proper application. for introduction into interstate FOR FURTHER INFORMATION CONTACT: (b) Usage—The tire is marketed as a commerce of the noncompliant tires Ryan Paquet, Director, Office of performance summer tire commonly under their control after MNA notified Hazardous Materials Approvals and used for competition events on tracks or them that the subject noncompliance Permits Division, Pipeline and autocross courses. Thus, the users of existed. Hazardous Materials Safety these products are enthusiasts who are Authority: 49 U.S.C. 30118, 30120: Administration, U.S. Department of attentive to details about vehicles and delegations of authority at 49 CFR 1.95 and Transportation, East Building, PHH–30, equipment such as tires. In such 501.8. 1200 New Jersey Avenue SE., competition events the vehicles are Jeffrey M. Giuseppe, Washington, DC 20590–0001, (202) 366– normally operated at the lightest loads Director, Office of Vehicle Safety Compliance. 4535. possible for performance optimization. [FR Doc. 2017–14420 Filed 7–10–17; 8:45 am] SUPPLEMENTARY INFORMATION: Copies of These tires are normally not used in the applications are available for BILLING CODE 4910–59–P situations involving vehicles with full inspection in the Records Center, East passenger or cargo loads. Building, PHH–30, 1200 New Jersey (c) Other Markings—All other DEPARTMENT OF TRANSPORTATION Avenue SE., Washington DC or at http:// markings conform to the applicable regulations.gov. regulations. Pipeline and Hazardous Materials (d) Performance—The subject tire Safety Administration This notice of receipt of applications meets all performance requirements of for special permit is published in FMVSS No. 139. In the event the tire is Hazardous Materials: Notice of accordance with Part 107 of the Federal fitted to an application calling for the Applications for Special Permits hazardous materials transportation law European Tire and Rim Technical (49 U.S.C. 5117(b); 49 CFR 1.53(b)). AGENCY: Pipeline and Hazardous Organization (ETRTO) standard load Materials Safety Administration Issued in Washington, DC, on June 29, application of up to 850 kgs because of 2017. (PHMSA), DOT. the missing ‘‘P’’ prefix, there should be Donald Burger, ACTION: List of applications for special no performance concerns. The tire has Chief, Office of the Special Permits and permits. been tested to FMVSS No. 139 using the Approvals. Application Docket No. Applicant Regulation(s) affected Nature of the special permits thereof mstockstill on DSK30JT082PROD with NOTICES No. Special Permits Data 20476–N ...... ........................ A123 Systems LLC ........... 172.101(j), 173.185(b) ...... To authorize the transportation in commerce of lith- ium ion batteries exceeding 35 kg by cargo-only aircraft. (mode 4) VerDate Sep<11>2014 19:57 Jul 10, 2017 Jkt 241001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\11JYN1.SGM 11JYN1


Document Created: 2018-11-14 10:22:15
Document Modified: 2018-11-14 10:22:15
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
ActionReceipt of petition.
DatesThe closing date for comments on the petition is August 10, 2017.
FR Citation82 FR 32049 
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