[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40127-40128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17339]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0072; Notice 2]


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

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

ACTION: Grant of petition.

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SUMMARY: Michelin North America, Inc. (MNA) has determined that certain 
Michelin XZL brand 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 lbs.) and Motorcycles. 
MNA filed a noncompliance report dated May 21, 2018, and subsequently 
petitioned NHTSA on June 15, 2018, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

FOR FURTHER INFORMATION CONTACT: Abraham Diaz, Office of Vehicle Safety 
Compliance, NHTSA, telephone (202) 366-5310, facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION:

I. Overview

    MNA has determined that certain Michelin brand tires do not fully 
comply with paragraph S6.4 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 lbs.) and Motorcycles (49 CFR 
571.119). MNA filed a noncompliance report dated May 21, 2018, pursuant 
to 49 CFR part 573, Defects and Noncompliance Responsibility and 
Reports. MNA subsequently petitioned NHTSA on June 18, 2018, 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 pursuant to 49 U.S.C. 20118(d) and 
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    Notice of receipt of MNA's petition was published with a 30-day 
public comment period, on December 6, 2018, in the Federal Register (83 
FR 62951). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) website at https://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2018-0072.''

II. Tires Involved

    Approximately 752 Michelin XZL size 16.00R20 tires manufactured 
between January 19, 2018, and April 9, 2018, are potentially involved.

III. Noncompliance

    MNA explains that the noncompliance was due to a mold error which 
left the subject tires with fewer than the required number of treadwear 
indicators specified in paragraph S6.4 of FMVSS No. 119. Specifically, 
the tires were manufactured with 4 rows of treadwear indicators instead 
of the required minimum of 6 treadwear indicators.

IV. Rule Requirements

    Paragraph S6.4 of FMVSS No. 119, includes the requirements relevant 
to this petition:
     Each tire shall have at least six treadwear indicators 
spaced approximately equally around the circumference of the tire that 
enable a person inspecting the tire to determine visually whether the 
tire has worn to a tread depth of 1.6 mm (one-sixteenth of an inch). 
Tires with a rim diameter code of 12 or smaller shall have at least 
three such treadwear indicators. Motorcycle tires shall have at least 
three such indicators which permit visual determination that the tire 
has worn to a tread depth of 0.8 mm (one-thirty-second of an inch).

V. Summary of 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 arguments:
    1. Functionality: Truck tires normally have 6 treadwear indicators 
spaced equally around the circumference of the tire. The function of 
these indicators is to enable a person inspecting the tire to determine 
visually whether the tire has worn to a tread depth of 1.6 mm (1/16 
in). In the case where tires have 6 treadwear indicators spaced equally 
around the tire, the indicators would appear at 60 degree intervals 
around the circumference of the tread. In the case of the subject 
tires, the 4 treadwear indicators are equally spaced; thus, appearing 
at 90 degree intervals around the circumference of the tread area of 
the tire. When normally loaded, approximately 10 percent of the tread 
band is in contact with the road surface. In most truck applications, 
the remaining 90 percent of the tread band is accessible for 
inspection. In the event that a vehicle is parked with one of the 
treadwear indicators positioned in the ground contact patch area, three 
other treadwear indicators would be accessible around the circumference 
of the tire.
    In addition, MNA tires have a molded ``Bib'' symbol on the tread 
shoulder to indicate the location of the treadwear indicator. These 
molded symbols aid the person inspecting the tire to visually locate 
the treadwear indicator and determine if the tire has worn to the 
extent that the tread depth is 1.6 mm (1/16 in) or less.
    2. NHTSA's Prior Decisions: NHTSA has previously granted Petitions 
for Determination of Inconsequential Noncompliance in similar cases 
related to 49 CFR 571.119 S6.4 treadwear indicators.
    On August 19, 2014, NHTSA issued a Grant of Petition to Cooper Tire 
and Rubber Company with the following comments:
    ``NHTSA Analysis: The purpose for tire treadwear indicators is to 
serve as a means for a person to visually inspect a tire's tread depth 
and readily determine if a tire has worn to the extent that tread depth 
is 1.6 mm (one-sixteenth of an inch) or less.
    Cooper stated that while the subject tires were molded with only 
five treadwear indicators that it believes that those indicators still 
provide ample coverage over the surface of the tire. NHTSA agrees with 
Cooper that in this case the subject noncompliance will have no 
significant effect on the safety of the vehicles on which the subject 
tires are mounted. The subject tires have five indicators; 4 indicators 
spaced at 60 degrees and one indicator spaced at 120 degrees. NHTSA 
believes that in this

[[Page 40128]]

case, the absence of a single indicator does not significantly affect a 
person's ability to visually inspect a tire and readily recognize when 
a significant portion of the tire's tread is worn to the point that a 
tire should be replaced.''
    In the Cooper decision, it is relevant to note:
    (a) While the Cooper Mickey Thompson Baja MTZ tires had only one 
missing treadwear indicator, the maximum circumferential space between 
the two most distant treadwear indicators was 120 degrees. NHTSA 
determined that this confirmation of treadwear indicators does not 
significantly affect a person's ability to inspect a tire. In MNA's 
case, the maximum circumferential space between the two most distant 
treadwear indicators is less, at 90 degrees.
    (b) The Cooper petition cites a Grant of Petition issued to Motor 
Bikes Imports, Inc. in 1987 which included a 49 CFR 571.119 S6.4 
noncompliance related to motor bike tires with only l treadwear 
indicator. NHTSA's decision stated a ``relatively small number of tires 
which remain in use nevertheless bear one treadwear indicator'' 
concluding the existence of only a single treadwear indicator combined 
with the relatively low volume of tires in the market were 
inconsequential as they relate to motor vehicle safety.
    3. Product Performance & Monitoring: MNA has no indication through 
our customer care network, fleet contacts or field engineers, of any 
issues related to monitoring and measuring of treadwear on the l6.00R20 
XZL tires. The lack of two treadwear indicators on the tire was 
detected in the manufacturing process. We have no customer complaints 
or warranty claims related to the reduced number of treadwear 
indicators. The reduced number of treadwear indicators has no impact on 
product performance. Product performance and customer satisfaction of 
the subject tires is equivalent to tires produced with 6 treadwear 
indicators. The tires comply with all safety standards and tire marking 
requirements of 49 CFR 571.119.
    MNA concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

VI. NHTSA's Analysis

    NHTSA has evaluated the merits of MNA's inconsequential 
noncompliance petition and has determined that this particular 
noncompliance is inconsequential to motor vehicle safety. The agency 
believes that the purpose of the treadwear indicators is to serve as a 
means for a person to visually inspect and determine if a tire has worn 
to the extent of the tread depth, which is 1.6 mm (one-sixteenth of an 
inch) or less.
    After review of the petition, NHTSA agrees with the petition that 
this noncompliance will have no significant impact on the safety of the 
vehicles on which the subject tires are mounted. The subject tires have 
four indicators spaced at 90 degrees around the circumference of the 
tread pattern of the tire. The absence of two indicators does not 
significantly affect the end user's ability to visually inspect a tire 
and recognize when the tire's tread has been worn to the point that it 
needs to be replaced.

VII. NHTSA's Decision

    In consideration of the foregoing, NHTSA has decided that MNA has 
met its burden of persuasion that the FMVSS No. 119 noncompliance is 
inconsequential to motor vehicle safety. Accordingly, MNA's petition is 
hereby granted and MNA is exempted from the obligation of providing 
notification of, and a remedy for, that noncompliance under 49 U.S.C. 
30118 and 30120.
    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 allows 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, 
this decision only applies to the subject tires that MNA no longer 
controlled at the time it determined that the noncompliance existed. 
However, the granting of 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).

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-17339 Filed 8-12-19; 8:45 am]
BILLING CODE 4910-59-P


