[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 32010-32011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14139]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0013; Notice 1]


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

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

ACTION: Receipt of petition.

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SUMMARY: Michelin North America, Inc. (MNA), has determined that 
certain BFGoodrich All-Terrain T/A KO2 replacement tires do not comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New 
Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance 
report dated November 13, 2018, and subsequently petitioned NHTSA on 
December 10, 2018, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of MNA's petition.

DATES: Send comments on or before August 2, 2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://

[[Page 32011]]

www.regulations.gov by following the online instructions for accessing 
the dockets. The docket ID number for this petition is shown in the 
heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: MNA has determined that certain All-Terrain TA KO2 
tires do not comply with paragraph S5.5.1(b) of FMVSS No. 139, New 
Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139). MNA filed a 
noncompliance report dated November 13, 2018, pursuant to 49 CFR 573, 
Defect and Noncompliance Responsibility and Reports, and subsequently 
petitioned NHTSA on December 10, 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 40 U.S.C. 30118 and 49 U.S.C. 30120, 
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of MNA's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Equipment Involved: Approximately 415 BFGoodrich All-Terrain T/
A KO2 replacement tires, size LT275/65R20, manufactured between 
September 2, 2018, and October 6, 2018, are potentially involved.
    III. Noncompliance: MNA explains that the noncompliance is that the 
subject tires were marked with an incorrectly sequenced Tire 
Identification Number and therefore, do not meet the requirements of 
paragraph S5.5.1(b) of FMVSS No. 139 Specifically, the DOT symbol was 
incorrectly placed between the first and second grouping of the TIN, 
when the symbol should be placed either in front of or below the TIN, 
thus, both the DOT symbol and the plant code were marked in the 
incorrect sequence.
    IV. Rule Requirements: Paragraph S5.5.1(b) of FMVSS No. 139 
includes the requirements relevant to this petition. Each tire must be 
labeled with the TIN on the intended outboard sidewall of the tire, as 
required by 49 CFR part 574. Either the TIN or a partial TIN should 
contain all characters in the TIN, except for the date code and, at the 
discretion of the manufacturer, any optional code, and must be labeled 
on the other sidewall of the tire. If the tire does not have an 
intended outboard sidewall, the tire must be labeled with the TIN 
required by 49 CFR part 574 on one sidewall and with either the TIN, 
containing all characters in the TIN except for the date code and at 
the discretion of the manufacturer, any optional code, on the other 
sidewall.
    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 reasoning:

1. Operational Safety

    a. The TIN marking noncompliance does not create any operational 
safety risk for the vehicle. The tires comply with applicable FMVSSs 
and all other applicable regulations.
    b. The incorrect marking sequence of the DOT symbol and TIN plant 
code has no bearing on tire performance.
    c. The subject tires are properly marked with all other markings 
required under FVMSS No. 139 such as S5.5(c) maximum permissible 
inflation pressure and S5.5(d) maximum load rating. The necessary 
information is available on the sidewall of the tire to ensure proper 
application and usage.
    d. The subject tires contain the DOT symbol on both sidewalls thus 
indicating conformance to applicable FMVSS.

2. Identification & Traceability

    a. All information required by 49 CFR 574.5 for Tire Identification 
Number (plant code + size code + option code + date code) is present on 
the sidewall of the tire.
    b. The marking discrepancy only exists on one sidewall of the tire. 
The opposing sidewall has the correct sequence of DOT + plant code + 
size code + option code.
    c. For identification and traceability purposes the key information 
of plant code and manufacturing date is present on the tire.
    d. In the event that dealer/owner notifications are required either 
the intended marking (DOT BF) or the actual marking (BF DOT) would 
serve as an identifier of the tire.

3. Proactive Measures

    a. The mismarking has been communicated to BFGoodrich Customer Care 
representatives in order to effectively handle any inquiries from 
dealers or owners regarding the subject tires.
    MNA concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject tires that MNA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve equipment 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant tires under their control after MNA 
notified them that the subject noncompliance existed.

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

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-14139 Filed 7-2-19; 8:45 am]
 BILLING CODE 4910-59-P


