82_FR_41847 82 FR 41678 - Michelin North America, Inc., Denial of Petition for Decision of Inconsequential Noncompliance

82 FR 41678 - Michelin North America, Inc., Denial of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41678-41680
FR Document2017-18628

Michelin North America, Inc. (MNA), has determined that certain MNA 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 1, 2016. MNA then petitioned NHTSA on September 8, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017)
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41678-41680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18628]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0094; Notice 2]


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

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

ACTION: Denial of petition.

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

SUMMARY: Michelin North America, Inc. (MNA), has determined that 
certain MNA 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 1, 2016. MNA then 
petitioned NHTSA

[[Page 41679]]

on September 8, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

ADDRESSES: 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) 366-3081.

SUPPLEMENTARY INFORMATION:

I. Overview

    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 noncompliance report dated September 1, 2016, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. MNA then petitioned NHTSA on September 8, 2016, pursuant 
to 49 U.S.C. 30118(d) and 30120(h) and their implementing regulations 
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 10, 2016 in the Federal Register (81 
FR 79093). 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-2016-0094.''

II. Tires Involved

    Affected are approximately 184 Michelin Pilot Power 3 size 180/
55ZR17 M/C (73W) replacement motorcycle tires manufactured between 
April 17, 2016, and May 7, 2016.

III. Noncompliance

    MNA describes the noncompliance as the inadvertent omission of the 
markings designating the maximum load and corresponding inflation 
pressure for that 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.
    (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 contends that the 
noncompliance is inconsequential for 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--MNA points out that 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 the motorcycle manufacturer's intended ride and 
handling characteristics for the specific motorcycle involved. MNA 
stressed that the sidewall marking omitted from the tires at issue is 
not the recommended operating inflation pressure and that this fact is 
well known to motorcycle owners.

    1. For example, MNA observes that 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.''
    2. Additionally, MNA argues that 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.''
    3. 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.''
    4. According to MNA, 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.
    5. 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. MNA 
also notes, 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, MNA states that 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's explain 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--MNA argues that 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, in MNA's view, the tire size and load 
range provided are sufficient to assure the tire is appropriate for the 
motorcycle and the corresponding inflation pressure requirements as a 
function of speed capability are displayed on the vehicle's placard as 
well as the owner's manual.
    D. Other Markings--MNA notes that all other markings conform to the 
applicable regulations.
    E. Performance--The MNA petition also observes that the subject 
tire meets all performance requirements of FMVSS No. 119.
    MNA concluded by expressing the belief that the subject 
noncompliance is inconsequential to motor vehicle safety, and that its 
petition for exemption from

[[Page 41680]]

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's Decision

    NHTSA's Analysis: NHTSA has reviewed Michelin's petition and has 
determined that the petitioner has not met the burden of persuasion 
that the subject noncompliance is inconsequential to motor vehicle 
safety. Specifically, failing to mark the maximum load and 
corresponding inflation pressure for that load in both Metric and 
English units on the sidewall of the tires puts an enormous burden on 
end users to ensure that the subject tires will be properly installed, 
used, and serviced in accordance with the tire's maximum capability. In 
the FMVSS No. 119 final rule (Nov. 13, 1973; 38 FR 31299), the Agency 
explained the purpose of labeling the subject tires with maximum load 
and pressure. The final rule states:

    The trucking industry questioned the advisability of labeling 
maximum inflation and load rating on the tire because it appeared to 
prohibit the adjustment of pressures to road conditions. The purpose 
of the labeling is to . . . warn the user of the tire's maximum 
capabilities.''
    Furthermore, in the same rulemaking, the Agency provided relief 
to manufacturers by accepting the commenters' proposal to have the 
information only required on one side of M/C tires: ``Several 
manufacturers suggested that labeling appear on only one side of a 
tire when both sides of the tire, as mounted, will be available for 
inspection. Accordingly, motorcycle tires must now be labeled on one 
side wall only, . . .

    The complete lack of maximum load and corresponding inflation 
pressure information on the subject Michelin motorcycle tires creates a 
potential safety hazard to the end users of these tires. NHTSA 
reiterates that marking tires with the maximum load and corresponding 
inflation pressure is necessary for achieving the following: (A) Proper 
installation on the vehicle--in this case a motorcycle, (B) proper 
inflation pressure even when application pressures for the front and 
rear positions are identified on the motorcycle vehicle placard or 
vehicle owner's manual, and (C) proper usage because the tire size, 
speed symbol, and load index do not adequately or easily convey the 
maximum load and pressure capability of a tire. Tire size, speed 
symbol, and load index are indicators that may be useful for technical 
professionals in the field; however, it is unreasonable to expect a 
typical end user to identify the maximum load and pressure using only 
the markings of tire size, speed symbol, and load index. It is far more 
reasonable to expect the vehicle user to overload a tire without the 
explicit guidance provided by the required sidewall markings. NHTSA 
believes it is necessary to label the tire to ensure the end user is 
adequately informed about the maximum capability of the tire. Failing 
to provide load and pressure information, both in English and Metric 
units, presents a safety risk because users are deprived the 
information needed to properly install, use, and service the tire.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that MNA has not met its burden of persuasion that the subject FMVSS 
No. 119 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, NHTSA hereby denies MNA's petition and MNA is consequently 
obligated to provide notification of, and a free remedy for, that 
noncompliance under 49 U.S.C. 30118 and 30120.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8)

Jeffrey M. Giuseppe,
Acting Associate Administrator, Enforcement.
[FR Doc. 2017-18628 Filed 8-31-17; 8:45 am]
BILLING CODE 4910-59-P



                                                41678                       Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

                                                   I. Overview: Jaguar Land Rover North                 Compliance. The communication                         No. 135, Light Vehicle Brake Systems,
                                                America, LLC (JLR), on behalf of Jaguar                 highlighted a concern where the brake                 S5.4.3(a) with a new filler cap.
                                                Land Rover Limited, has determined                      reservoir label was not permanently                      JLR concluded by expressing the
                                                that certain model year (MY) 2012–2018                  affixed to the brake fluid reservoir as               belief that the subject noncompliance is
                                                Jaguar motor vehicles do not fully                      required by FMVSS No. 135, Light                      inconsequential as it relates to motor
                                                comply with Federal Motor Vehicle                       Vehicle Brake Systems. On June 13,                    vehicle safety, and that its petition to be
                                                Safety Standard (FMVSS) No. 135, Light                  2017, JLR’s PSCC concluded that the                   exempted from providing notification of
                                                Vehicle Brake Systems. JLR filed a                      concern should be progressed to the                   the noncompliance, as required by 49
                                                noncompliance report dated June 22,                     Recall Determination Committee (RDC).                 U.S.C. 30118, and a remedy for the
                                                2017, pursuant to 49 CFR part 573,                      The RDC reviewed all information on                   noncompliance, as required by 49
                                                Defect and Noncompliance                                June 15, 2017, and concluded that the                 U.S.C. 30120, should be granted.
                                                Responsibility and Reports. JLR also                    issue represented a compliance concern                   NHTSA notes that the statutory
                                                petitioned NHTSA on July 20, 2017,                      to FMVSS No. 135, Light Vehicle Brake                 provisions (49 U.S.C. 30118(d) and
                                                pursuant to 49 U.S.C. 30118(d) and                      Systems, but that the condition was                   30120(h)) that permit manufacturers to
                                                30120(h) and 49 CFR part 556, for an                    considered inconsequential and                        file petitions for a determination of
                                                exemption from the notification and                     requested that a petition for decision of             inconsequentiality allow NHTSA to
                                                remedy requirements of 49 U.S.C.                        inconsequential noncompliance be filed                exempt manufacturers only from the
                                                Chapter 301 on the basis that this                      with NHTSA.                                           duties found in sections 30118 and
                                                noncompliance is inconsequential as it                     JLR described the subject                          30120, respectively, to notify owners,
                                                relates to motor vehicle safety.                        noncompliance and stated its belief that              purchasers, and dealers of a defect or
                                                   This notice of receipt of JLR’s petition             the noncompliance is inconsequential                  noncompliance and to remedy the
                                                is published under 49 U.S.C. 30118 and                  as it relates to motor vehicle safety.                defect or noncompliance. Therefore, any
                                                30120 and does not represent any                           In support of its petition, JLR                    decision on this petition only applies to
                                                agency decision or other exercise of                    submitted the following reasoning:                    the subject vehicles that JLR no longer
                                                judgment concerning the merits of the                      1. The installed label will not fall off           controlled at the time it determined that
                                                petition.                                               or become displaced during normal                     the noncompliance existed. However,
                                                   II. Vehicles Involved: Approximately                 vehicle use or operation.                             any decision on this petition does not
                                                126,127 of the following Jaguar motor                      2. The installed label provides                    relieve vehicle distributors and dealers
                                                vehicles, manufactured between                          mechanical resistance to being removed.               of the prohibitions on the sale, offer for
                                                February 8, 2012, and June 19, 2017, are                   3. There is interference between the               sale, or introduction or delivery for
                                                potentially involved:                                   installed label and reservoir filler neck             introduction into interstate commerce of
                                                • 2017–2018 Jaguar F-Pace                               such that a minimum of 2mm                            the noncompliant vehicles under their
                                                • 2017–2018 Jaguar XE                                   interference exists.                                  control after JLR notified them that the
                                                • 2017–2018 Jaguar XF                                      4. The installed label is only able to             subject noncompliance existed.
                                                • 2014–2018 Jaguar F–TYPE                               be removed when the brake fluid
                                                                                                        reservoir cap is displaced which, based                 Authority: (49 U.S.C. 30118, 30120:
                                                • 2013–2017 Jaguar XJ                                                                                         delegations of authority at 49 CFR 1.95 and
                                                • 2012–2015 Jaguar XK                                   on routine maintenance schedules, is                  501.8)
                                                   III. Noncompliance: JLR explains that                once every 3 years in service.
                                                                                                           5. The filler cap shows clearly the                Jeffrey M. Giuseppe,
                                                the noncompliance is that the brake
                                                                                                        specification of brake fluid required.                Director, Office of Vehicle Safety Compliance.
                                                fluid warning statement label on the
                                                                                                           6. The filler cap provides clear                   [FR Doc. 2017–18627 Filed 8–31–17; 8:45 am]
                                                subject vehicles is not permanently
                                                                                                        symbols including one for caution and
                                                affixed as required by paragraph                                                                              BILLING CODE 4910–59–P
                                                                                                        one referring to handbook instructions.
                                                S5.4.3(a) of FMVSS No. 135.
                                                                                                        The owner’s handbook descriptions
                                                Specifically, JLR installed a label that
                                                                                                        indicate the proper brake fluid                       DEPARTMENT OF TRANSPORTATION
                                                fits over the neck of the brake fluid
                                                                                                        specification to be used in the vehicle.
                                                reservoir that can be removed when the                     7. The installed cap conforms to the               National Highway Traffic Safety
                                                brake fluid reservoir cap is removed.                   requirements of ISO9128:2006 which is                 Administration
                                                   IV. Rule Text: Paragraph S5.4.3(a) of
                                                                                                        a requirement of UN–ECE Regulation 13                 [Docket No. NHTSA–2016–0094; Notice 2]
                                                FMVSS No. 135 states, in pertinent part:
                                                                                                        and 13h. NHTSA has previously granted
                                                  S5.4.3 Reservoir labeling. Each vehicle               petitions to accept ISO symbols in the                Michelin North America, Inc., Denial of
                                                equipped with hydraulic brakes shall have a             absence of FMVSS labelling:
                                                brake fluid warning statement that reads as
                                                                                                                                                              Petition for Decision of
                                                                                                           a. Jaguar Land Rover petition                      Inconsequential Noncompliance
                                                follows, in letters at least 3.2 mm (1⁄8 inch)
                                                                                                        regarding controls and displays
                                                high: ‘‘WARNING: Clean filler cap before                                                                      AGENCY: National Highway Traffic
                                                removing. Use only ____fluid from a sealed              including brake system-related telltales
                                                container.’’ (inserting the recommended type            (FR Vol.78, No. 213 Pg. 66101–66103).                 Safety Administration (NHTSA),
                                                of brake fluid as specified in 49 CFR 571.116,             b. Ford petition regarding controls                Department of Transportation (DOT).
                                                e.g., ‘‘DOT 3.’’) The lettering shall be. . .           and displays including brake system-                  ACTION: Denial of petition.
                                                  . . .                                                 related telltales (FR Vol. 78, No. 225 Pg
                                                  (a) Permanently affixed, engraved or                  69931–69932)                                          SUMMARY:  Michelin North America, Inc.
                                                embossed;. . .                                             c. Hyundai petition regarding lower                (MNA), has determined that certain
                                                  V. Summary of JLR’s Petition: As                                                                            MNA tires do not fully comply with
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        anchorage identification (FR Vol. 73,
                                                background, in JLR’s noncompliance                      No. 129 Pg. 38290–38291).                             Federal Motor Vehicle Safety Standard
                                                report, JLR stated that a Product Safety                   8. JLR has not received any customer               (FMVSS) No. 119, New pneumatic tires
                                                and Compliance Committee (PSCC)                         complaints on this issue.                             for motor vehicles with a GVWR of more
                                                Investigation was opened on June 6,                        9. There have been no accidents or                 than 4,536 kilograms (10,000 pounds)
                                                2017, following communication from a                    injuries as a result of this issue.                   and motorcycles. MNA filed a
                                                safety compliance engineer from                            10. Vehicle production has been                    noncompliance report dated September
                                                NHTSA’s Office of Vehicle Safety                        corrected to fully conform to FMVSS                   1, 2016. MNA then petitioned NHTSA


                                           VerDate Sep<11>2014   17:53 Aug 31, 2017   Jkt 241001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\01SEN1.SGM   01SEN1


                                                                            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices                                                41679

                                                on September 8, 2016, for a decision                    each sidewall with the information specified          inflation pressure recommended by the
                                                that the subject noncompliance is                       in paragraphs (a) through (j) of this                 motorcycle manufacturer . . . The proper
                                                inconsequential as it relates to motor                  section. . .                                          inflation pressures for your motorcycle tires
                                                                                                          (d) The maximum load rating and                     are shown in your motorcycle owner’s
                                                vehicle safety.                                         corresponding inflation pressure of the tire,         manual.’’
                                                ADDRESSES: For further information on                   shown as follows:                                        4. According to MNA, the applicable
                                                this decision contact Abraham Diaz,                       (Mark on tires rated for single and dual            pressure is also a function of the maximum
                                                Office of Vehicle Safety Compliance, the                load): Max load single __kg (__lb) at __kPa (_        speed capability of the motorcycle, another
                                                National Highway Traffic Safety                         _psi) cold. Max load dual __kg (__lb) at __kPa        reason that the proper source for tire inflation
                                                Administration (NHTSA), telephone                       (__psi) cold.                                         pressure is the motorcycle vehicle placard or
                                                (202) 366–5310, facsimile (202) 366–                      (Mark on tires rated only for single load):         owner’s manual rather than the tire sidewall.
                                                3081.                                                   Max load __kg (__lb) at __kPa (__psi)                    5. Michelin’s Professional Motorcycle Tire
                                                                                                        cold. . .                                             Guide 2016 and the Motorcycle Industry Tire
                                                SUPPLEMENTARY INFORMATION:                                                                                    Guide both advise not to exceed the pressure
                                                                                                        V. Summary of MNA’s Petition                          marked on the sidewall when setting a usage
                                                I. Overview                                                MNA described the subject                          pressure. MNA also notes, the recommended
                                                   Michelin North America, Inc. (MNA),                  noncompliance and contends that the                   pressure on the motorcycle vehicle placard
                                                has determined that certain MNA tires                   noncompliance is inconsequential for                  and the motorcycle owner’s manual
                                                do not fully comply with paragraph                                                                            conforming to 49 CFR 571.120 will never
                                                                                                        motor vehicle safety.
                                                                                                                                                              exceed the sidewall pressure for a properly
                                                S6.5(d) of Federal Motor Vehicle Safety                    In support of its petition, MNA
                                                                                                                                                              fitted tire as described above in section ‘‘A’’
                                                Standard (FMVSS) No. 119, New                           submitted the following reasoning:                    (Installation). The tire size, load index, speed
                                                pneumatic tires for motor vehicles with                    A. Installation—The subject tires                  symbol, and load range all provide for proper
                                                a GVWR of more than 4,536 kilograms                     provide sidewall markings that include                installation. Additionally, MNA states that
                                                (10,000 pounds) and motorcycles. MNA                    the correct industry standard tire size               the sidewall pressure is not a ‘‘maximum’’
                                                filed a noncompliance report dated                      identified as ‘‘180/55ZR17 M/C,’’ the                 pressure. It is the pressure corresponding to
                                                September 1, 2016, pursuant to 49 CFR                   service description identified as                     the maximum load. For example, Michelin’s
                                                part 573, Defect and Noncompliance                      ‘‘(73W)’’ using an ISO load index and                 Professional Motorcycle Tire Guide 2016
                                                Responsibility and Reports. MNA then                    speed symbol, and the load range                      advises that the pressure regulator be set at
                                                                                                        identified as Load Range ‘‘B.’’ This                  60 psi for mounting motorcycle tires, and the
                                                petitioned NHTSA on September 8,                                                                              Michelin motorcycle Web site FAQ’s explain
                                                2016, pursuant to 49 U.S.C. 30118(d)                    properly and precisely identifies the tire
                                                                                                                                                              that up to 60 psi of pressure can be used to
                                                and 30120(h) and their implementing                     for correct installation.                             seat beads when mounting motorcycle tires
                                                regulations at 49 CFR part 556, for an                     B. Inflation Pressure—MNA points                   and then adjusted to the recommended
                                                exemption from the notification and                     out that the correct application                      pressure found on the vehicle placard or
                                                remedy requirements of 49 U.S.C.                        pressures for the front and rear positions            owner’s manual. The sidewall pressure
                                                Chapter 301 on the basis that this                      are identified on the motorcycle vehicle              corresponding to the maximum load on the
                                                noncompliance is inconsequential as it                  placard as required by 49 CFR part 567                subject tire is 290 kPa or 42 psi.
                                                relates to motor vehicle safety.                        and in the owner’s manual, and these                     C. Max Load Information—MNA
                                                   Notice of receipt of the petition was                sources are referred to specifically in               argues that the maximum load value
                                                published, with a 30-day public                         information published by NHTSA,                       corresponding to the ISO load index on
                                                comment period, on November 10, 2016                    motorcycle manufacturers, and tire                    the tire is published in Michelin’s
                                                in the Federal Register (81 FR 79093).                  manufacturers. The inflation pressures                Professional Motorcycle Tire Guide
                                                No comments were received. To view                      furnished by the motorcycle                           2016 available online, the Motorcycle
                                                the petition and all supporting                         manufacturer via these two sources are                Industry Council Tire Guide available
                                                documents log onto the Federal Docket                   the pressures that provide the load                   online, as well as a number of retail
                                                Management System (FDMS) Web site                       capacity and the motorcycle                           sites. The ISO load index of ‘‘73’’ and
                                                at: https://www.regulations.gov/. Then                  manufacturer’s intended ride and                      the designation Load Range ‘‘B’’ that are
                                                follow the online search instructions to                handling characteristics for the specific             present on the tire provide load
                                                locate docket number ‘‘NHTSA–2016–                      motorcycle involved. MNA stressed that                description information, and along with
                                                0094.’’                                                 the sidewall marking omitted from the                 the tire size they provide a clear cross
                                                                                                        tires at issue is not the recommended                 reference to the cited publications that
                                                II. Tires Involved                                      operating inflation pressure and that                 offer the load value in pounds if needed.
                                                  Affected are approximately 184                        this fact is well known to motorcycle                 Again, in MNA’s view, the tire size and
                                                Michelin Pilot Power 3 size 180/55ZR17                  owners.                                               load range provided are sufficient to
                                                M/C (73W) replacement motorcycle tires                     1. For example, MNA observes that                  assure the tire is appropriate for the
                                                manufactured between April 17, 2016,                    NHTSA’s online ‘‘Motorcycle Safety Tips’’             motorcycle and the corresponding
                                                and May 7, 2016.                                        specifically refers to the owner’s manual and         inflation pressure requirements as a
                                                                                                        vehicle placard: ‘‘Look in your motorcycle
                                                III. Noncompliance                                      owner’s manual to find the right PSI (pounds
                                                                                                                                                              function of speed capability are
                                                                                                        per square inch) of air pressure for your tires.      displayed on the vehicle’s placard as
                                                  MNA describes the noncompliance as                                                                          well as the owner’s manual.
                                                                                                        Some bike manufacturers also list this
                                                the inadvertent omission of the                         information on the bike itself. Common                   D. Other Markings—MNA notes that
                                                markings designating the maximum                        locations include the swing arm, front fork           all other markings conform to the
                                                load and corresponding inflation                        tubes, inside the trunk, and under the seat.’’        applicable regulations.
                                                pressure for that load, as required by
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           2. Additionally, MNA argues that the                  E. Performance—The MNA petition
                                                paragraph S6.5(d) of FMVSS No. 119.                     Motorcycle Industry Council Tire Guide                also observes that the subject tire meets
                                                                                                        explains, ‘‘Check the air pressure when the           all performance requirements of FMVSS
                                                IV. Rule Text                                           tires are cold . . . and adjust it according to
                                                                                                        your motorcycle owner’s manual or the tire
                                                                                                                                                              No. 119.
                                                  Paragraph S6.5(d) of FMVSS No. 119                                                                             MNA concluded by expressing the
                                                                                                        information label on the chain guard, frame,
                                                provides, in pertinent part:                            or swingarm.’’                                        belief that the subject noncompliance is
                                                  S6.5 Tire markings. Except as specified in               3. Similarly, Michelin’s Professional              inconsequential to motor vehicle safety,
                                                this paragraph, each tire shall be marked on            Motorcycle Tire Guide 2016 states: ‘‘Use the          and that its petition for exemption from


                                           VerDate Sep<11>2014   17:53 Aug 31, 2017   Jkt 241001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\01SEN1.SGM   01SEN1


                                                41680                       Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

                                                providing notification of the                           size, speed symbol, and load index. It is             tel.: 202/622–2490, Assistant Director
                                                noncompliance, as required by 49                        far more reasonable to expect the                     for Licensing, tel.: 202/622–2480, Office
                                                U.S.C. 30118, and a remedy for the                      vehicle user to overload a tire without               of Foreign Assets Control, or Chief
                                                noncompliance, as required by 49                        the explicit guidance provided by the                 Counsel (Foreign Assets Control), tel.:
                                                U.S.C. 30120, should be granted.                        required sidewall markings. NHTSA                     202/622–2410, Office of the General
                                                NHTSA’s Decision                                        believes it is necessary to label the tire            Counsel, Department of the Treasury
                                                                                                        to ensure the end user is adequately                  (not toll free numbers).
                                                   NHTSA’s Analysis: NHTSA has                          informed about the maximum capability                 SUPPLEMENTARY INFORMATION:
                                                reviewed Michelin’s petition and has                    of the tire. Failing to provide load and
                                                determined that the petitioner has not                  pressure information, both in English                 Electronic Availability
                                                met the burden of persuasion that the                   and Metric units, presents a safety risk                The SDN List and additional
                                                subject noncompliance is                                because users are deprived the                        information concerning OFAC sanctions
                                                inconsequential to motor vehicle safety.                information needed to properly install,               programs are available from OFAC’s
                                                Specifically, failing to mark the                       use, and service the tire.                            Web site (www.treas.gov/ofac).
                                                maximum load and corresponding                            NHTSA’s Decision: In consideration
                                                inflation pressure for that load in both                                                                      Notice of OFAC Actions
                                                                                                        of the foregoing, NHTSA finds that
                                                Metric and English units on the sidewall                MNA has not met its burden of                           The following person is removed from
                                                of the tires puts an enormous burden on                 persuasion that the subject FMVSS No.                 the SDN List, effective as of August 22,
                                                end users to ensure that the subject tires              119 noncompliance is inconsequential                  2017.
                                                will be properly installed, used, and                   to motor vehicle safety. Accordingly,
                                                serviced in accordance with the tire’s                                                                        Individual
                                                                                                        NHTSA hereby denies MNA’s petition
                                                maximum capability. In the FMVSS No.                    and MNA is consequently obligated to                    1. SCHNEIDER, Daniel Martin (a.k.a.
                                                119 final rule (Nov. 13, 1973; 38 FR                    provide notification of, and a free                   SCHNEIDER, Martin Daniel), zum
                                                31299), the Agency explained the                                                                              Gruehlingsstollen 1A, Friedrichstahl 66299,
                                                                                                        remedy for, that noncompliance under                  Germany; Rosenstrasse 2, Friedrichstahl
                                                purpose of labeling the subject tires                   49 U.S.C. 30118 and 30120.
                                                with maximum load and pressure. The                                                                           66299, Germany; Petrusstrasse 32,
                                                                                                          Authority: (49 U.S.C. 30118, 30120:                 Herrensohr Dudweiler, Saarbruecken 66125,
                                                final rule states:
                                                                                                        delegations of authority at 49 CFR 1.95 and           Germany; DOB 09 Sep 1985; POB
                                                   The trucking industry questioned the                 501.8)                                                Neunkirchen, Germany; citizen Germany;
                                                advisability of labeling maximum inflation                                                                    Passport 2318047793 (Germany); Federal ID
                                                and load rating on the tire because it                  Jeffrey M. Giuseppe,                                  Card 2318229333; currently incarcerated at
                                                appeared to prohibit the adjustment of                  Acting Associate Administrator, Enforcement.          Schwalmstadt, Germany (individual) [SDGT].
                                                pressures to road conditions. The purpose of            [FR Doc. 2017–18628 Filed 8–31–17; 8:45 am]
                                                the labeling is to . . . warn the user of the                                                                   Dated: August 22, 2017.
                                                                                                        BILLING CODE 4910–59–P                                Andrea Gacki,
                                                tire’s maximum capabilities.’’
                                                   Furthermore, in the same rulemaking, the                                                                   Acting Director, Office of Foreign Assets
                                                Agency provided relief to manufacturers by                                                                    Control.
                                                accepting the commenters’ proposal to have              DEPARTMENT OF THE TREASURY                            [FR Doc. 2017–18080 Filed 8–31–17; 8:45 am]
                                                the information only required on one side of
                                                M/C tires: ‘‘Several manufacturers suggested                                                                  BILLING CODE 4810–AL–P
                                                                                                        Office of Foreign Assets Control
                                                that labeling appear on only one side of a tire
                                                when both sides of the tire, as mounted, will           Sanctions Action Pursuant to an
                                                be available for inspection. Accordingly,               Executive Order Issued on September                   DEPARTMENT OF THE TREASURY
                                                motorcycle tires must now be labeled on one
                                                                                                        23, 2001, Titled ‘‘Blocking Property and              Office of Foreign Assets Control
                                                side wall only, . . .
                                                                                                        Prohibiting Transactions With Persons
                                                   The complete lack of maximum load                    Who Commit, Threaten To Commit, or                    Notice of OFAC Sanctions Action
                                                and corresponding inflation pressure                    Support Terrorism’’
                                                information on the subject Michelin                                                                           AGENCY:  Office of Foreign Assets
                                                motorcycle tires creates a potential                    AGENCY:  Office of Foreign Assets                     Control, Treasury.
                                                safety hazard to the end users of these                 Control, Treasury.                                    ACTION: Notice.
                                                tires. NHTSA reiterates that marking                    ACTION: Notice.
                                                tires with the maximum load and                                                                               SUMMARY:   The Department of the
                                                corresponding inflation pressure is                     SUMMARY:    The Department of the                     Treasury’s Office of Foreign Assets
                                                necessary for achieving the following:                  Treasury’s Office of Foreign Assets                   Control (OFAC) is publishing the name
                                                (A) Proper installation on the vehicle—                 Control (OFAC) is removing the name of                of one person that has been placed on
                                                in this case a motorcycle, (B) proper                   one individual, whose property and                    OFAC’s Specially Designated Nationals
                                                inflation pressure even when                            interests in property have been blocked               and Blocked Persons List based on
                                                application pressures for the front and                 pursuant to an executive order issued                 OFAC’s determination that one or more
                                                rear positions are identified on the                    on September 23, 2001, titled ‘‘Blocking              applicable legal criteria were satisfied.
                                                motorcycle vehicle placard or vehicle                   Property and Prohibiting Transactions                 All property and interests in property
                                                owner’s manual, and (C) proper usage                    With Persons Who Commit, Threaten To                  subject to U.S. jurisdiction of this
                                                because the tire size, speed symbol, and                Commit, or Support Terrorism,’’ from                  person are blocked, and U.S. persons are
                                                load index do not adequately or easily                  the list of Specially Designated                      generally prohibited from engaging in
                                                convey the maximum load and pressure                    Nationals and Blocked Persons (SDN                    transactions with them.
sradovich on DSK3GMQ082PROD with NOTICES




                                                capability of a tire. Tire size, speed                  List).                                                DATES: See SUPPLEMENTARY INFORMATION
                                                symbol, and load index are indicators                   DATES: OFAC’s action described in this                section for effective date.
                                                that may be useful for technical                        notice was taken on August 22, 2017.                  FOR FURTHER INFORMATION CONTACT:
                                                professionals in the field; however, it is              FOR FURTHER INFORMATION CONTACT:                         OFAC: Associate Director for Global
                                                unreasonable to expect a typical end                    Associate Director for Global Targeting,              Targeting, tel.: 202–622–2420; Assistant
                                                user to identify the maximum load and                   tel.: 202/622–2420, Assistant Director                Director for Sanctions Compliance &
                                                pressure using only the markings of tire                for Sanctions Compliance & Evaluation,                Evaluation, tel.: 202–622–2490;


                                           VerDate Sep<11>2014   17:53 Aug 31, 2017   Jkt 241001   PO 00000   Frm 00094   Fmt 4703   Sfmt 4703   E:\FR\FM\01SEN1.SGM   01SEN1



Document Created: 2017-09-01 01:50:54
Document Modified: 2017-09-01 01:50:54
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
ActionDenial of petition.
FR Citation82 FR 41678 

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