Hankook Tire Co., Ltd.; Grant of Petition for Decision of Inconsequential Noncompliance, 10294 [E7-3926]

Download as PDF 10294 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices read the letters. Therefore, the noncompliance does not affect the safety of the tire or its use. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Hankook’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. (Authority: (49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8)) Issued on: February 28, 2007. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E7–3925 Filed 3–6–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2006–26422; Notice 2] sroberts on PROD1PC70 with NOTICES Hankook Tire Co., Ltd.; Grant of Petition for Decision of Inconsequential Noncompliance Hankook Tire Co., Ltd. (Hankook) has determined that certain tires that it produced in 2005 and 2006 do not comply with S5.5.5 of 49 CFR 571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139, ‘‘New pneumatic radial tires for light vehicles.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Hankook has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR Part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on December 13, 2006, in the Federal Register (71 FR 74995). NHTSA received no comments. Affected are a total of approximately 19,606 passenger car temporary spare tires produced between October 2005 and April 2006. Although Hankook asserted that they had certified the subject tires to the requirements of FMVSS No. 139, only tires manufactured between June 26, 2003 and January 6, 2006 were permitted, at the manufacturer’s option, to be certified to the requirements of FMVSS No. 139.1 See ‘‘Federal Motor Vehicle 1 All temporary spares were required to be certified to FMVSS No. 109 until June 26, 2003 when FMVSS No. 139 took effect. However, the agency moved temporary spares back to FMVSS No. VerDate Aug<31>2005 18:25 Mar 06, 2007 Jkt 211001 Safety Standards; Tires,’’ 68 FR 38116 (June 26, 2003) and 71 FR 877 (January 6, 2006). For tires manufactured after January 6, 2006, FMVSS No. 109, ‘‘New Pneumatic Tires’’ is the only safety standard to which temporary spares could be certified. Therefore, Hankook’s petition is being processed as applying to FMVSS No. 109 in addition to FMVSS No. 139. In either standard, the noncompliance issue is the same; however, different paragraphs are referenced for the two standards. S4.3.5 of FMVSS No. 109 and S5.5.5 of FMVSS No. 139 require that the tires have a sidewall marking ‘‘inflate to 420 kPa (60 psi)’’ of no less than 12.7 mm high. In the marking on the noncompliant tires, the letters are 8 mm high. Hankook has corrected the problems that caused these errors so that they will not be repeated in future productions. Hankook believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Hankook states that the noncompliance ‘‘affects consumer information only and does not affect safety of the tires.’’ Hankook further states that the tires comply with all other FMVSS requirements. NHTSA agrees with Hankook that the noncompliance is inconsequential to motor vehicle safety. As Hankook states, even with the reduced size of the 8mm on the sidewall marking, the user or purchaser of the tire can still read the letters. Therefore, the noncompliance does not affect the safety of the tire or its use. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Hankook’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2006–26423; Notice 2] Hankook Tire Co., Ltd.; Grant of Petition for Decision of Inconsequential Noncompliance BILLING CODE 4910–59–P Hankook Tire Co., Ltd. (Hankook) has determined that certain tires that it produced in 2001 through 2006 do not comply with S5.5(h) of 49 CFR 571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139, ‘‘New pneumatic radial tires for light vehicles.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Hankook has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on December 15, 2006, in the Federal Register (71 FR 75610). NHTSA received no comments. Affected are a total of approximately 99,620 passenger car temporary spare tires produced between January 2001 through September 2006. Although Hankook asserted that they had certified the subject tires to the requirements of FMVSS No. 139, only tires manufactured between June 26, 2003 and January 6, 2006 were permitted, at the manufacturer’s option, to be certified to the requirements of FMVSS No. 139.1 See ‘‘Federal Motor Vehicle Safety Standards; Tires,’’ 68 FR 38116 (June 26, 2003) and 71 FR 877 (January 6, 2006). For tires manufactured before June 26, 2003, or manufactured after January 6, 2006, FMVSS No. 109, ‘‘New Pneumatic Tires’’ is the only safety standard to which temporary spares could be certified. Therefore, Hankook’s petition is being processed as applying to FMVSS No. 109 in addition to FMVSS No. 139. In either standard, the noncompliance issue is the same; however, different paragraphs are referenced for the two standards. S4.3(g) of FMVSS No. 109 and S5.5(h) of FMVSS No. 139 require that the tires have a sidewall marking ‘‘radial’’ if the tire is a radial ply tire. These tires lack the word ‘‘radial’’ in the sidewall marking. Hankook has corrected the problem that caused these errors so that 109 after January 6, 2006 by granting a petition for reconsideration. 1 All temporary spares were required to be certified to FMVSS No. 109 until June 26, 2003 when FMVSS No. 139 took effect. However, the agency moved temporary spares back to FMVSS No. 109 after January 6, 2006 by granting a petition for reconsideration. (Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8.) Issued on: February 28, 2007. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E7–3926 Filed 3–6–07; 8:45 am] PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Page 10294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3926]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-26422; Notice 2]


Hankook Tire Co., Ltd.; Grant of Petition for Decision of 
Inconsequential Noncompliance

    Hankook Tire Co., Ltd. (Hankook) has determined that certain tires 
that it produced in 2005 and 2006 do not comply with S5.5.5 of 49 CFR 
571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139, ``New 
pneumatic radial tires for light vehicles.'' Pursuant to 49 U.S.C. 
30118(d) and 30120(h), Hankook has petitioned for a determination that 
this noncompliance is inconsequential to motor vehicle safety and has 
filed an appropriate report pursuant to 49 CFR Part 573, ``Defect and 
Noncompliance Reports.'' Notice of receipt of a petition was published, 
with a 30-day comment period, on December 13, 2006, in the Federal 
Register (71 FR 74995). NHTSA received no comments.
    Affected are a total of approximately 19,606 passenger car 
temporary spare tires produced between October 2005 and April 2006. 
Although Hankook asserted that they had certified the subject tires to 
the requirements of FMVSS No. 139, only tires manufactured between June 
26, 2003 and January 6, 2006 were permitted, at the manufacturer's 
option, to be certified to the requirements of FMVSS No. 139.\1\ See 
``Federal Motor Vehicle Safety Standards; Tires,'' 68 FR 38116 (June 
26, 2003) and 71 FR 877 (January 6, 2006). For tires manufactured after 
January 6, 2006, FMVSS No. 109, ``New Pneumatic Tires'' is the only 
safety standard to which temporary spares could be certified. 
Therefore, Hankook's petition is being processed as applying to FMVSS 
No. 109 in addition to FMVSS No. 139. In either standard, the 
noncompliance issue is the same; however, different paragraphs are 
referenced for the two standards. S4.3.5 of FMVSS No. 109 and S5.5.5 of 
FMVSS No. 139 require that the tires have a sidewall marking ``inflate 
to 420 kPa (60 psi)'' of no less than 12.7 mm high. In the marking on 
the noncompliant tires, the letters are 8 mm high. Hankook has 
corrected the problems that caused these errors so that they will not 
be repeated in future productions.
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    \1\ All temporary spares were required to be certified to FMVSS 
No. 109 until June 26, 2003 when FMVSS No. 139 took effect. However, 
the agency moved temporary spares back to FMVSS No. 109 after 
January 6, 2006 by granting a petition for reconsideration.
---------------------------------------------------------------------------

    Hankook believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Hankook 
states that the noncompliance ``affects consumer information only and 
does not affect safety of the tires.'' Hankook further states that the 
tires comply with all other FMVSS requirements.
    NHTSA agrees with Hankook that the noncompliance is inconsequential 
to motor vehicle safety. As Hankook states, even with the reduced size 
of the 8mm on the sidewall marking, the user or purchaser of the tire 
can still read the letters. Therefore, the noncompliance does not 
affect the safety of the tire or its use.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Hankook's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

    (Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8.)

    Issued on: February 28, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E7-3926 Filed 3-6-07; 8:45 am]
BILLING CODE 4910-59-P