Hankook Tire America Corp, Receipt of Petition for Decision of Inconsequential Noncompliance, 74226-74227 [2013-29405]

Download as PDF 74226 Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices 5. Docket No. NHTSA–2013–0062 DEPARTMENT OF TRANSPORTATION Nonconforming Vehicles: 2002 BMW R1100 S Motorcycles Substantially Similar U.S. Certified Vehicles: 2002 BMW R1100 S Motorcycles Notice of Petition Published at: 78 FR 29811 (May 21, 2013) Vehicle Eligibility Number: VSP–557 (effective date July 26, 2013) National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0125; Notice 1] Hankook Tire America Corp, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: 6. Docket No. NHTSA–2013–0061 Nonconforming Vehicles: 2003 BMW K1200 GT Motorcycles Substantially Similar U.S. Certified Vehicles: 2003 BMW K1200 GT Motorcycles Notice of Petition Published at: 78 FR 29810 (May 21, 2013) Vehicle Eligibility Number: VSP–556 (effective date July 26, 2013) 7. Docket No. NHTSA–2013–0037, NHTSA–2013–0032 Nonconforming Vehicles: 2005, 2006, 2007 Alpine B5 Series Passenger Cars (Manufactured Prior to September 1, 2006) Because there are no substantially similar U.S.—certified version 2005, 2006, 2007 Alpine B5 Series Passenger Cars (Manufactured Prior to September 1, 2006) the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 78 FR 30961 (May 23, 2013) Vehicle Eligibility Number: VCP–53 (effective date July 26, 2013) maindgalligan on DSK5TPTVN1PROD with NOTICES 8. Docket No. NHTSA–2013–0064 Nonconforming Vehicles: 1988–1996 Alpine B10 Series Passenger Cars Because there are no substantially similar U.S.—certified version 1988– 1996 Alpine B10 Series Passenger Cars the petitioner sought import eligibility under 49 U.S.C. 30141(a)(1)(B). Notice of Petition Published at: 78 FR 59092 (September 25, 2013) Vehicle Eligibility Number: VCP–54 (effective date November 14, 2013) [FR Doc. 2013–29406 Filed 12–9–13; 8:45 am] BILLING CODE 4910–59–P VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 Hankook Tire America Corp, (Hankook) has determined that certain model year Hankook Roadhandler Sport (H432) tires manufactured between June 21, 2013 and August 29, 2013, do not fully comply with paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Hankook has filed an appropriate report dated October 4, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is January 9, 2014. 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 at the beginning of this notice and be submitted by any of the following methods: • Mail: Send comments by mail addressed to: 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 Deliver: Deliver comments by hand to: 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 Federal Holidays. • Electronically: Submit comments electronically by: Logging onto the Federal Docket Management System (FDMS) Web site at http:// 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 SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. SUPPLEMENTARY INFORMATION: I. Hankook’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Hankook submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Hankook’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. Tires Involved: Affected are approximately 6,257 Roadhandler Sport (H432), size 215/45R17 91W XL, Hankook tires manufactured between June 21, 2013 and August 29, 2013. III. Noncompliance: Hankook explains that the noncompliance is that, due to a mold labeling error, the sidewall marking on the side of the tires incorrectly describes the actual number of plies in the tread area of the tires as required by paragraph S5.5(f) of 49 CFR 571.139. Specifically, the tires in question were inadvertently manufactured with ‘‘Ply Tread 2 steel + 1 Polyester + 2 Nylon, Sidewall 1 Polyester.’’ The correct labeling and stamping to match the tire construction should have been ‘‘Ply Tread 2 steel + 1 Polyester + 1 Nylon, Sidewall 1 Polyester.’’ IV. Rule Text: Paragraph S5.5(f) of FMVSS No. 139 requires in pertinent part: E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices maindgalligan on DSK5TPTVN1PROD with NOTICES S5.5 Tire Markings. Except as specified in paragraphs (a) through (i) of S5.5, each tire must be marked on each sidewall with the information specified in S5.5(a) through (d) and on one side-wall with the information specified in S5.5(e) through (i) according to the phase-in schedule specified in S7 of this standard. The markings must be placed between the maximum section width and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area that is not more than one-fourth of the distance from the bead to the shoulder of the tire. If the maximum section width that falls within that area, those markings must appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings must be in letters and numerals not less than 0.078 inches high and raised above or sunk below the tire surface not less than 0.015 inches . . . (f) The actual number of plies in the sidewall, and the actual number of plies in the tread area, if different. V. Summary of Hankook’s Analyses: Hankook stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. The affected subject tires meet or exceed all applicable FMVSS performance standards. 2. The subject tires will not be affected based on performance, durability, or safety they are designed and build for. Hankook has additionally informed NHTSA that it has corrected the noncompliance so that all future production of these Roadhandler Sport (H432) tires will comply with FMVSS No. 139. In summation, Hankook believes that the described noncompliance of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall 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 Hankook no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve tire distributors and dealers of the prohibitions on the sale, offer for VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after Hankook 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) Issued on: December 4, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–29405 Filed 12–9–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 55 (Sub-No. 718X)] [Docket No. AB 507 (Sub-No. 1X)] CSX Transportation, Inc.— Abandonment Exemption—in Alachua County, Fla. and Florida Northern Railroad Company, Inc.— Discontinuance of Service Exemption—in Alachua County, Fla. CSX Transportation, Inc. (CSXT), and Florida Northern Railroad Company, Inc. (FNOR), jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service for CSXT to abandon approximately 11.62 miles of rail line on CSXT’s Southern Region, Jacksonville Division, West Coast Subdivision, between milepost AR 716.88, at High Springs, and milepost AR 726.69, at Newberry, and milepost ARB 717.11, at High Springs, and milepost ARB 718.92, at High Springs, in Alachua County, Fla. (the Line); and (2) FNOR to discontinue service over approximately 9.81 miles of rail between milepost AR 716.88, at High Springs, and milepost AR 726.69, at Newberry (the FNOR Line).1 The Line traverses United States Postal Service Zip Codes 32643 and 32669. CSXT and FNOR have certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and overhead traffic, if there were any, can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either 1 The FNOR Line is a portion of the Line. CSXT leased the FNOR Line to FNOR in 2005 as part of the transaction in Florida Northern Railroad—Lease Exemption—Line of CSX Transportation, Inc., FD 34689 (STB served June 15, 2005). Since that time, FNOR also has operated the CSXT trackage between milepost ARB 717.11, and milepost ARB 718.92, the remainder of the Line, as exempt industry track. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 74227 is pending before the Surface Transportation Board or before any U.S. District Court or has been decided in favor of the complainant within the twoyear period; and (4) the requirements at 49 CFR 1105.7(c) (environmental reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.2 As a condition to this exemption, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on January 9, 2014, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 20, 2013. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 30, 2013, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to CSXT’s representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. A copy of any petition filed with the Board also should be sent to FNOR’s representative: Thomas J. Litwiler, Fletcher & Sippel, LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832. 2 The Line has been embargoed due to track condition since July 22, 2011. Prime Conduit, the only shipper on the FNOR Line, receives service via transloading at Jacksonville, Fla., or other nearby transloading locations. 3 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 4 Each OFA must be accompanied by the filing fee, which is currently set at $1600. See 49 CFR 1002.2(f)(25). E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74226-74227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29405]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0125; Notice 1]


Hankook Tire America Corp, 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: Hankook Tire America Corp, (Hankook) has determined that 
certain model year Hankook Roadhandler Sport (H432) tires manufactured 
between June 21, 2013 and August 29, 2013, do not fully comply with 
paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
139, New Pneumatic Radial Tires for Light Vehicles. Hankook has filed 
an appropriate report dated October 4, 2013, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is January 9, 
2014.

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 at the beginning of this notice and be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: 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 Deliver: Deliver comments by hand to: 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 
Federal Holidays.
     Electronically: Submit comments electronically by: Logging 
onto the Federal Docket Management System (FDMS) Web site at http://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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. Hankook's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Hankook submitted a 
petition for an exemption from the notification and remedy requirements 
of 49 U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of Hankook'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. Tires Involved: Affected are approximately 6,257 Roadhandler 
Sport (H432), size 215/45R17 91W XL, Hankook tires manufactured between 
June 21, 2013 and August 29, 2013.
    III. Noncompliance: Hankook explains that the noncompliance is 
that, due to a mold labeling error, the sidewall marking on the side of 
the tires incorrectly describes the actual number of plies in the tread 
area of the tires as required by paragraph S5.5(f) of 49 CFR 571.139. 
Specifically, the tires in question were inadvertently manufactured 
with ``Ply Tread 2 steel + 1 Polyester + 2 Nylon, Sidewall 1 
Polyester.'' The correct labeling and stamping to match the tire 
construction should have been ``Ply Tread 2 steel + 1 Polyester + 1 
Nylon, Sidewall 1 Polyester.''
    IV. Rule Text: Paragraph S5.5(f) of FMVSS No. 139 requires in 
pertinent part:


[[Page 74227]]


    S5.5 Tire Markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one side-
wall with the information specified in S5.5(e) through (i) according 
to the phase-in schedule specified in S7 of this standard. The 
markings must be placed between the maximum section width and the 
bead on at least one sidewall, unless the maximum section width of 
the tire is located in an area that is not more than one-fourth of 
the distance from the bead to the shoulder of the tire. If the 
maximum section width that falls within that area, those markings 
must appear between the bead and a point one-half the distance from 
the bead to the shoulder of the tire, on at least one sidewall. The 
markings must be in letters and numerals not less than 0.078 inches 
high and raised above or sunk below the tire surface not less than 
0.015 inches . . .
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different.

    V. Summary of Hankook's Analyses: Hankook stated its belief that 
the subject noncompliance is inconsequential to motor vehicle safety 
for the following reasons:
    1. The affected subject tires meet or exceed all applicable FMVSS 
performance standards.
    2. The subject tires will not be affected based on performance, 
durability, or safety they are designed and build for.
    Hankook has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production of these Roadhandler Sport 
(H432) tires will comply with FMVSS No. 139.
    In summation, Hankook believes that the described noncompliance of 
the subject tires is inconsequential to motor vehicle safety, and that 
its petition, to exempt from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
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 Hankook no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve tire 
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 Hankook 
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)

    Issued on: December 4, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-29405 Filed 12-9-13; 8:45 am]
BILLING CODE 4910-59-P