83 FR 43733 - Denial of Motor Vehicle Defect Petition
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 83, Issue 166 (August 27, 2018)
National Highway Traffic Safety Administration
Federal Register Volume 83, Issue 166 (August 27, 2018)
| Page Range | 43733-43735 | |
| FR Document | 2018-18506 |
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)] [Notices] [Pages 43733-43735] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18506] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2018-0062] Denial of Motor Vehicle Defect Petition AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition for a defect investigation. ----------------------------------------------------------------------- SUMMARY: This is a notice of denial of a petition submitted to the National Highway Traffic Safety Administration (NHTSA) under 49 U.S.C. 30162, requesting that the Agency commence a proceeding to determine the existence of a defect related to motor vehicle safety in Michelin Model XZU-3, size 305/85/R22.5 Load Range J transit bus tires. After a review of the petition and other information, NHTSA has concluded that a defects investigation is unlikely to result in a finding that a defect related to motor vehicle safety exists, or a NHTSA order for the notification and remedy of a safety related defect as alleged, at the conclusion of the requested investigation. FOR FURTHER INFORMATION CONTACT: Bruce York, Medium & Heavy Duty Vehicle Division, Office of Defects Investigation, NHTSA, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: Bruce.York@dot.gov. SUPPLEMENTARY INFORMATION: By letter dated July 14, 2016, Paul Koleber from Intercity Transit wrote to NHTSA requesting that the Agency investigate the existence of a defect related to motor vehicle safety in Michelin Model XZU-3, size 305/85/R22.5 Load Range J transit bus tires. Mr. Koleber alleges the tires are structurally unsound and that this defect can result in sidewall blowouts at any time whether the tires are new or re-tread. Mr. Koleber stated that Michelin had previously recalled similar tires (12T-009) and the Intercity Transit fleet experienced failures with the same characteristics as those specified in the recall. Mr. Koleber submitted a forensics lab report from CASE Forensics to support his allegation. NHTSA has reviewed the material provided by the petitioner and other information. The results of this review and NHTSA's analysis of the petition are set forth in the DP17-001 Evaluation Report, published in its entirety as an appendix to this notice. For the reasons presented in the DP17-001 Evaluation Report, it is unlikely that a defects investigation will result in a finding that a defect related to motor vehicle safety exists. It is also unlikely that an order for the notification and remedy of a safety-related defect would be issued as a result of granting Mr. Koleber's request. Therefore, the petition is denied. This action does not constitute a finding by NHTSA that a safety related defect does not exist. The Agency will take further action if warranted by future circumstances. Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.50 and 501.8. Jeffrey M. Giuseppe, Associate Administrator for Enforcement. Nate Seymour Safety Defects Engineer NEF-106ns DP17-001 BASIS: Paul Koleber, from Intercity Transit petitioned the National Highway Traffic Safety Administration (NHTSA) by letter dated July 14, 2016, requesting that a defect investigation be conducted concerning motor vehicle safety in Michelin Model XZU-3, size 305/85/R22.5 Load Range J transit bus tires. The facts described in this report are based on the Office of Defect Investigations' (ODI) assessment of the information provided by the petitioner and information gathered by ODI from relevant sources. The petitioner alleged that a defect exists involving the design of tires used in commercial bus operations which have resulted in rapid air loss. The petitioner claimed that failures identical to those described in recall 12T-009 have happened on the subject post recall tires. The petitioner stated that failures occurred on steer and drive wheel positions of both new and retread tires. The petitioner hired a forensics lab to perform scientific failure analysis of failed tires. The lab concluded the tires were of similar design and construction to those in recall 12T-009 and that the failures were caused by corrosion induced degradation of the ply strands. DESCRIPTION OF TIRE: The subject tires are Michelin XZU-3, size 305/85/R22.5 Load Range J transit bus tires. They are designed to be [[Page 43734]] used in all wheel positions for urban operations involving frequent stopping and starting. The tread pattern is non-directional and designed for efficient traction on wet and slippery surfaces through Michelin's patented Matrix Siping technology. The tires have a robust casing and bead design to allow for retreading. The sidewalls are extra thick to resist curb scrub and include scrub depth indicators to aid inspection of the tires to help extend casing life. OWNER REPORTS: The Office of Defects Investigation received two (2) complaints related to Michelin XZU-3 transit bus tires. The first Vehicle Owner's Questionnaire (VOQ) was received in April 2012, the same month that voluntary recall 12T-009 was received from Michelin. A second VOQ was received in April 2017, one month after DP17-001 was opened to assess failures on Michelin XZU-3 transit bus tires. Both reports were submitted by transit fleets. Neither VOQ alleged any crashes, injuries or fatalities. ANALYSIS: On March 23, 2017, ODI sent Michelin an Information Request letter asking for information related to the subject tires. Michelin's response was received May 5, 2017, where design and application data were presented. ODI's assessment of that data follows. Michelin reported a tire population (2012-2014 production) of 17,487 subject tires. The subject tire was discontinued in 2014, upon the introduction of the X InCity Z 305/85R22.5 LRJ tire, which offers increased scrub resistance. The initial tread life of the subject tire is expected to range from 60,000 to 100,000 miles. The casing life is expected to range from two (2) to four (4) years, with one (1) to three (3) retread applications. Therefore, a limited number of subject tires are believed to still be in service. When asked how Michelin determined the recall population for 12T- 009, Michelin stated that the bead design of the recalled tires had undergone a design change. A reduction in the number of strands was determined to be the cause of failures associated with recall 12T-009. Once the defect was identified, Michelin reinstated the original bead design specification, which marked the endpoint of the recall population. The scope of the recalled tires included tires manufactured from the date of the bead design change through the date when the design was changed back to the original specification. The tires identified by the petitioner were produced after the bead design was corrected. Michelin queried its databases and found no complaints and one claim for property damage on tires manufactured after the 12T-009 recall scope. Michelin denied this claim based on the following. Michelin evaluated twelve (12) tires from the fleet. All had been retreaded one time, but not at a Michelin Retread Technologies (MRT) approved facility. Michelin's analysis of the tires revealed operational or maintenance failures in ten (10) of the twelve (12) tires. These tires had high levels of moisture and damage or evidence of damage repair adjacent to the rupture. The combination of these conditions allows for corrosion to develop in the belt package, which leads to failure. The other two (2) could not be determined. ODI queried its database and found one (1) Vehicle Owner Questionnaire (VOQ) related to the subject population, which was received after the investigation was opened. In March 2017, Michelin visited the fleet that submitted the VOQ, and analyzed its tires. Similar to the property damage claim above, an MRT was not used. Nor was an air dryer for tire inflation. This leaves in question the integrity of the casings and moisture content which is detrimental to tire life. Michelin submitted to ODI, inspection documentation. Reports of the tires showed signs of overloading. Personnel interviews supported these findings as the fleet followed the vehicle manufacturer's recommended inflation pressure, which is known to be inadequate for true operational loads on the specific vehicles operated by the fleet. MRT facilities utilize inspection equipment not available to out of network retread facilities. The use of Grazing Light Inspection, X-ray, and Casing Integrity Analyzer (CIA) minimize the risk of tire failure after retreading. MRT facilities also utilize approved processes to repair tire damage prior to retreading to prevent moisture from entering the belt package. The Altoona Bus Study, Michelin's weight study of fleet buses, and ODI's weight study are all in agreement. Each independently found that the Gillig Low Floor 40' transit bus as used by the petitioner and other fleets would be overloaded with a foreseeable load. And, the greatest overloading would occur at the left rear wheel-end. ODI went further to assess the average passenger weight. ODI found that the 150- pound weight specified in the Code of Federal Regulations (CFR), 49 C.F.R. Part 567.4(g)(3) and Subtitle B-Chapter VI Part 665 Subpart A is not representative of today's population. The 150-pound value was established in 1971 based on data derived from the National Health Examination Survey from 1960-1962. A more recent value from the National Center for Health Statistics determined the average male and female weight to be 195 and 165 respectively. In both cases, the study participants were not truck/bus drivers or transit passengers. ODI notes that a luggage allowance for each passenger is necessary given the vehicle usage. ODI also surveyed heavy vehicle manufacturers to learn what design weight they use for the driver. Responses ranged from 150 to 312 pounds depending on market. The Federal Transit Authority (FTA) initiated a Notice of Proposed Rulemaking (NPRM) action in 2011, to increase the average passenger weight and standing passenger floor space square footage, but this rule was never enacted. As required by 49 CFR part 567, the vehicle manufacturer is responsible for the data on the vehicle certification label. The manufacturer will set the tire pressure based on the anticipated axle load. The anticipated loads will drive the selection of components to meet the owner's specifications. Michelin released a Technical Bulletin in November 2015, recommending 120 psi be used in all subject tires. Michelin met with Gillig in January 2016, and recommended the use of 315/80R22.5 tires and an inflation pressure of 120 psi to provide sufficient load- carrying capacity to support actual loads. Gillig, who produced the petitioner's buses, elected not to adopt this action. CONCLUSION: Based on the available information and previous agency experience, ODI believes the tires manufactured after those identified in recall 12T-009 failed as a result of overloading by the fleets operating the buses. In our view, a defects investigation is unlikely to result in a finding that a defect related to motor vehicle safety exists, or a NHTSA order for the notification and remedy of a safety related defect as alleged, at the conclusion of the requested investigation. Therefore, given a thorough analysis of the potential for finding a safety related defect in the vehicle, and in view of NHTSA's enforcement priorities and its previous investigations into this issue, the petition is denied. This action does not constitute a finding by NHTSA that a safety related defect does not exist. The [[Page 43735]] Agency will take further action if warranted by future circumstances. RECOMMENDATION: Deny the petition. CONCUR: Bruce York, Chief Medium and Heavy Duty Vehicle Defects & Assessment Division [FR Doc. 2018-18506 Filed 8-24-18; 8:45 am] BILLING CODE 4910-59-P
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time of entry. Also included is the A comment to OMB is most effective NHTSA has reviewed the material
petition that an RI or manufacturer may if OMB receives it within 30 days of provided by the petitioner and other
submit to NHTSA for the agency to publication. information. The results of this review
decide that a vehicle that was not and NHTSA’s analysis of the petition
Michael A. Cole,
originally manufactured to comply with are set forth in the DP17–001 Evaluation
Acting Director, Office of Vehicle Safety Report, published in its entirety as an
all applicable FMVSS is capable of Compliance.
being modified to conform to those appendix to this notice.
[FR Doc. 2018–18423 Filed 8–24–18; 8:45 am] For the reasons presented in the
standards and is therefore eligible for
importation under 49 U.S.C. 30141. The
BILLING CODE 4910–59–P DP17–001 Evaluation Report, it is
unlikely that a defects investigation will
information collection also includes
result in a finding that a defect related
applications that are filed with NHTSA DEPARTMENT OF TRANSPORTATION to motor vehicle safety exists. It is also
for permission to import nonconforming unlikely that an order for the
vehicles for purposes of research, National Highway Traffic Safety
notification and remedy of a safety-
investigations, demonstrations, training, Administration
related defect would be issued as a
competitive racing events, and show or [Docket No. NHTSA–2018–0062] result of granting Mr. Koleber’s request.
display, as well as applications Therefore, the petition is denied. This
requesting that the agency recognize Denial of Motor Vehicle Defect Petition action does not constitute a finding by
vehicles manufactured for racing AGENCY: National Highway Traffic NHTSA that a safety related defect does
purposes as being qualified to be Safety Administration (NHTSA), not exist. The Agency will take further
imported as vehicles that were not Department of Transportation (DOT). action if warranted by future
primarily manufactured for use on ACTION: Denial of petition for a defect circumstances.
public roads, precluding the need for investigation. Authority: 49 U.S.C. 30162(d); delegations
those vehicles to comply with the of authority at CFR 1.50 and 501.8.
FMVSS. This information collection is SUMMARY: This is a notice of denial of
a petition submitted to the National Jeffrey M. Giuseppe,
necessary to ensure that motor vehicles
Highway Traffic Safety Administration Associate Administrator for Enforcement.
and motor vehicle equipment subject to
the Federal motor vehicle safety, (NHTSA) under 49 U.S.C. 30162, Nate Seymour
bumper, and theft prevention standards requesting that the Agency commence a Safety Defects Engineer
are lawfully imported into the United proceeding to determine the existence of NEF–106ns
a defect related to motor vehicle safety DP17–001
States and that RIs and applicants for RI
status are capable of meeting their in Michelin Model XZU–3, size 305/85/ BASIS:
obligations under the statutes and R22.5 Load Range J transit bus tires.
After a review of the petition and other Paul Koleber, from Intercity Transit
regulations governing the importation of petitioned the National Highway Traffic
nonconforming vehicles. information, NHTSA has concluded that
a defects investigation is unlikely to Safety Administration (NHTSA) by
Affected Public: Individuals and result in a finding that a defect related letter dated July 14, 2016, requesting
commercial entities that import motor to motor vehicle safety exists, or a that a defect investigation be conducted
vehicles or motor vehicle equipment NHTSA order for the notification and concerning motor vehicle safety in
subject to the FMVSS and vehicles that remedy of a safety related defect as Michelin Model XZU–3, size 305/85/
are not primarily manufactured for use alleged, at the conclusion of the R22.5 Load Range J transit bus tires. The
on public roads, as well as applicants requested investigation. facts described in this report are based
for RI status and existing RIs. on the Office of Defect Investigations’
FOR FURTHER INFORMATION CONTACT:
(ODI) assessment of the information
Estimated Total Annual Burden: Bruce York, Medium & Heavy Duty provided by the petitioner and
252,622 hours; $9,880,590. Vehicle Division, Office of Defects information gathered by ODI from
Investigation, NHTSA, 1200 New Jersey relevant sources.
ADDRESS: Send comments, within 30 Ave. SE, Washington, DC 20590. Email:
days, to the Office of Information and The petitioner alleged that a defect
Bruce.York@dot.gov. exists involving the design of tires used
Regulatory Affairs, Office of SUPPLEMENTARY INFORMATION: By letter in commercial bus operations which
Management and Budget, 725 17th dated July 14, 2016, Paul Koleber from have resulted in rapid air loss. The
Street NW, Washington, DC 20503, Intercity Transit wrote to NHTSA petitioner claimed that failures identical
Attention NHTSA Desk Officer. requesting that the Agency investigate to those described in recall 12T–009
Comments are invited on: Whether the existence of a defect related to motor have happened on the subject post
the proposed collection of information vehicle safety in Michelin Model XZU– recall tires. The petitioner stated that
is necessary for the proper performance 3, size 305/85/R22.5 Load Range J failures occurred on steer and drive
of the functions of the Department, transit bus tires. Mr. Koleber alleges the wheel positions of both new and retread
including whether the information will tires are structurally unsound and that tires. The petitioner hired a forensics lab
have practical utility; the accuracy of this defect can result in sidewall to perform scientific failure analysis of
the Department’s estimate of the burden blowouts at any time whether the tires failed tires. The lab concluded the tires
of the proposed information collection; are new or re-tread. Mr. Koleber stated were of similar design and construction
that Michelin had previously recalled to those in recall 12T–009 and that the
amozie on DSK3GDR082PROD with NOTICES1
ways to enhance the quality, utility and
clarity of the information to be similar tires (12T–009) and the Intercity failures were caused by corrosion
Transit fleet experienced failures with induced degradation of the ply strands.
collected; and ways to minimize the
the same characteristics as those
burden of the collection of information DESCRIPTION OF TIRE:
specified in the recall. Mr. Koleber
on respondents, including the use of submitted a forensics lab report from The subject tires are Michelin XZU–
automated collection techniques or CASE Forensics to support his 3, size 305/85/R22.5 Load Range J
other forms of information technology. allegation. transit bus tires. They are designed to be
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Agency will take further action if FOR FURTHER INFORMATION CONTACT: For MSAAC and MDIAC members will not
warranted by future circumstances. inquiries regarding the MSAAC, be compensated for their time, but will
Michael R. Brickman, Deputy be eligible for reimbursement of travel
RECOMMENDATION:
Comptroller for Thrift Supervision, 400 expenses in accordance with applicable
Deny the petition. 7th Street SW, Washington, DC 20219; federal law and regulations.
CONCUR: (202) 649–6450; email: Dated: August 21, 2018.
Bruce York, Chief msaac.nominations@occ.treas.gov.
Medium and Heavy Duty Vehicle Joseph M. Otting,
For inquiries regarding the MDIAC,
Defects & Assessment Division Beverly F. Cole, Deputy Comptroller for Comptroller of the Currency.
[FR Doc. 2018–18506 Filed 8–24–18; 8:45 am] Compliance Supervision, 400 7th Street [FR Doc. 2018–18493 Filed 8–24–18; 8:45 am]
BILLING CODE 4910–59–P SW, Washington, DC 20219; (202) 649– BILLING CODE 4810–33–P
5688; email: mdiac.nominations@
occ.treas.gov.
DEPARTMENT OF THE TREASURY
DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: The
MSAAC and the MDIAC will be Multiemployer Pension Plan
Office of the Comptroller of the administered in accordance with the Application To Reduce Benefits
Currency Federal Advisory Committee Act, 5
[Docket ID OCC–2018–0024] U.S.C. App. 2. The MSAAC will advise AGENCY: Department of the Treasury.
the OCC on ways to meet the goals ACTION:Notice of availability; Request
Mutual Savings Association Advisory established by section 5(a) of the Home for comments.
Committee and Minority Depository Owners’ Loan Act, 12 U.S.C. 1464. The
Institutions Advisory Committee MSAAC will advise the OCC with SUMMARY: The Board of Trustees of the
regard to mutual savings associations on Laborers Local 265 Pension Plan, a
AGENCY: Office of the Comptroller of the multiemployer pension plan, has
Currency, Department of the Treasury means to: (1) Provide for the
organization, incorporation, submitted an application to reduce
(OCC). benefits under the plan in accordance
ACTION: Request for nominations.
examination, operation and regulation
of associations to be known as federal with the Multiemployer Pension Reform
SUMMARY: The OCC is seeking savings associations (including federal Act of 2014 (MPRA). The purpose of
nominations for members of the Mutual savings banks); and (2) issue charters this notice is to announce that the
Savings Association Advisory therefore, giving primary consideration application submitted by the Board of
Committee (MSAAC) and the Minority of the best practices of thrift institutions Trustees of the Laborers Local 265
Depository Institutions Advisory in the United States. The MSAAC will Pension Plan has been published on the
Committee (MDIAC). The MSAAC and help meet those goals by providing the website of the Department of the
the MDIAC assist the OCC in assessing OCC with informed advice and Treasury (Treasury), and to request
the needs and challenges facing mutual recommendations regarding the current public comments on the application
savings associations and minority and future circumstances and needs of from interested parties, including
depository institutions, respectively. mutual savings associations. The participants and beneficiaries, employee
The OCC is seeking nominations of MDIAC will advise the OCC on ways to organizations, and contributing
individuals who are officers and/or meet the goals established by section employers of the Laborers Local 265
directors of federal mutual savings 308 of the Financial Institutions Reform, Pension Plan.
associations, or officers and/or directors Recovery, and Enforcement Act of 1989, DATES: Comments must be received by
of federal stock savings associations that Public Law 101–73, Title III, 103 Stat. October 11, 2018.
are part of a mutual holding company 353, 12 U.S.C. 1463 note. The goals of ADDRESSES: You may submit comments
structure, to be considered for selection section 308 are to preserve the present electronically through the Federal
as MSAAC members. The OCC also is number of minority institutions, eRulemaking Portal at http://
seeking nominations of individuals who preserve the minority character of www.regulations.gov, in accordance
are officers and/or directors of OCC- minority-owned institutions in cases with the instructions on that site.
regulated minority depository involving mergers or acquisitions, Electronic submissions through
institutions, or officers and/or directors provide technical assistance, and www.regulations.gov are encouraged.
of other OCC-regulated depository encourage the creation of new minority Comments may also be mailed to the
institutions with a commitment to institutions. The MDIAC will help the Department of the Treasury, MPRA
supporting minority depository OCC meet those goals by providing Office, 1500 Pennsylvania Avenue NW,
institutions, to be considered for informed advice and recommendations Room 1224, Washington, DC 20220,
selection as MDIAC members. regarding a range of issues involving Attn: Danielle Norris. Comments sent
DATES: Nominations must be received minority depository institutions. via facsimile or email will not be
on or before October 15, 2018. Nominations should describe and accepted.
ADDRESSES: Nominations of MSAAC document the proposed member’s Additional Instructions. All
members should be sent to qualifications for MSAAC or MDIAC comments received, including
msaac.nominations@occ.treas.gov or membership, as appropriate. Existing attachments and other supporting
mailed to: Michael R. Brickman, Deputy MSAAC or MDIAC members may materials, will be made available to the
Comptroller for Thrift Supervision, 400 reapply themselves or may be public. Do not include any personally
amozie on DSK3GDR082PROD with NOTICES1
7th Street SW, Washington, DC 20219. renominated. The OCC will use this identifiable information (such as your
Nominations of MDIAC members nomination process to achieve a Social Security number, name, address,
should be sent to mdiac.nominations@ balanced advisory committee or other contact information) or any
occ.treas.gov or mailed to: Beverly F. membership and ensure that diverse other information in your comment or
Cole, Deputy Comptroller for views are represented among the supporting materials that you do not
Compliance Supervision, 400 7th Street membership of officers and directors of want publicly disclosed. Treasury will
SW, Washington, DC 20219. mutual and minority institutions. The make comments available for public
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Document Created: 2018-08-25 01:49:50
Document Modified: 2018-08-25 01:49:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Denial of petition for a defect investigation. | |
| Contact | Bruce York, Medium & Heavy Duty Vehicle Division, Office of Defects Investigation, NHTSA, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: [email protected] | |
| FR Citation | 83 FR 43733 |
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