Hankook Tire America Corp, Grant of Petition for Decision of Inconsequential Noncompliance, 30688-30689 [2014-12270]
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30688
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
the antitheft device is likely to be as
effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements. In
accordance with 49 U.S.C. 33106, after
model year (MY) 2000, the number of
new exemptions is contingent on a
finding by the Attorney General as part
of its long-range review of effectiveness.
After consulting with DOJ, the agency
decided it could continue granting one
exemption per model year pending the
results of the long-term review.
In a final rule published on April 6,
2004, the Federal Motor Vehicle Theft
Prevention Standard was extended to
include all passenger cars and
multipurpose passenger vehicles with a
gross vehicle rating of 6,000 pounds or
less, and to light duty trucks with major
parts that are interchangeable with a
majority of the covered major parts of
multipurpose passenger vehicles.
Consistent with the DOJ consultation,
the April 6, 2004 final rule amended the
general requirements of Section 543.5 of
Chapter 49 of the Code of Federal
Regulations, allowing a manufacturer to
petition NHTSA to grant an exemption
for one additional line of its passenger
motor vehicles from the requirements of
the theft prevention standard for each
model year after MY 1996. The final
rule became effective September 1,
2006.
Prior to September 1, 2006,
manufacturers were only allowed to
petition NHTSA for high-theft vehicles
lines. In its April 6, 2004 final rule, the
agency amended part 543 to allow
vehicle manufacturers to file petitions to
exempt all vehicle lines that would
become subject to parts-marking
requirements beginning with the
effective date of the final rule. As a
result of this amendment, vehicle
manufacturers are allowed to file
petitions to exempt all vehicle lines that
would become subject to the partsmarking requirements regardless of their
theft status (high or low).
There are approximately 21 vehicle
manufacturers that could request an
exemption (one exemption per
manufacturer per model year), although
33 petitions for exemption from the
parts-marking requirements were
received by the agency for MYs 2013–
2015. This is an average of
approximately 11 responses per year.
NHTSA anticipates that this will remain
the average number of yearly responses
that will be received by the agency.
NHTSA estimates that the average
hours per submittal will be 166, for a
total annual burden of 1,826 hours. This
is a slight increase from the previous
OMB inventory of 1,808 hours. NHTSA
estimates that the cost associated with
VerDate Mar<15>2010
16:58 May 27, 2014
Jkt 232001
the burden hours is $39.49 per hour, for
a total cost of approximately $72,109.
Affected Public: Motor vehicle
manufacturers.
Estimated Total Annual Burden:
NHTSA estimates that vehicle
manufacturers will incur a total annual
reporting hour and cost burden of 1,826
hours and $72,109 respectively. There
would be no additional cost to motor
vehicle manufacturers that would
require it to comply to this regulation.
Claude H. Harris,
Acting Associate Administrator for
Rulemaking.
[FR Doc. 2014–12306 Filed 5–27–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0125; Notice 2]
Hankook Tire America Corp, Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
AGENCY:
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.
ADDRESSES: For further information on
this decision contact Abraham Diaz,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5310, facsimile (202) 366–
5930.
SUMMARY:
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.
Notice of receipt of the October 4,
2013, petition was published, with a 30day public comment period, on
December 10, 2013 in the Federal
PO 00000
Frm 00150
Fmt 4703
Sfmt 4703
Register (78 FR 74226). No comments
were received. To view the petition and
all supporting documents log onto the
Federal Docket Management System
(FDMS) Web site at: https://
www.regulations.gov/. Then follow the
online search instructions to locate
docket number ‘‘NHTSA–2013–0125.’’
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:
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.
Hancock has additionally informed
NHTSA that it has corrected the
E:\FR\FM\28MYN1.SGM
28MYN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Notices
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.
VI. NHTSA’s Decision: The agency
agrees with Hankook that the
noncompliance is inconsequential to
motor vehicle safety. The agency
believes that the true measure of
inconsequentiality to motor vehicle
safety in this case is that there is no
effect of the noncompliance on the
operational safety of the vehicles on
which these tires are mounted. The
safety of people working in the tire
retread, repair and recycling industries
must also be considered.
Although tire construction affects the
strength and durability, neither the
agency nor the tire industry provides
information relating tire strength and
durability to the number of plies and
types of ply cord material in the tread
and sidewall. Therefore, tire dealers and
customers should consider the tire
construction information along with
other information such as load capacity,
maximum inflation pressure, and tread
wear, temperature, and traction ratings,
to assess performance capabilities of
various tires. In the agency’s judgment,
the incorrect labeling of the tire
construction information will have an
inconsequential effect on motor vehicle
safety because most consumers do not
base tire purchases or vehicle operation
parameters on the number of plies in a
tire.
The agency believes the
noncompliance will have no measurable
effect on the safety of tire retread, repair,
and recycling industries. The use of
steel cord construction in the sidewall
and tread is the primary safety concern
of these industries. In this case, since
the tire sidewall is marked correctly for
the number of steel plies, this potential
safety concern does not exist.
In consideration of the foregoing,
NHTSA has decided that Hankook 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 remedy for, the
subject noncompliance.
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16:58 May 27, 2014
Jkt 232001
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, this
decision only applies to the subject tires
that Hankook no longer controlled at the
time that it determined that a
noncompliance existed. However, the
granting of 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).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2014–12270 Filed 5–27–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2014–0033, Notice No.
14–3]
International Standards on the
Transport of Dangerous Goods
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of public meeting.
AGENCY:
This notice is to advise
interested persons that on Wednesday,
June 11, 2014, PHMSA will conduct a
public meeting to discuss proposals in
preparation for the 45th session of the
United Nations Sub-Committee of
Experts on the Transport of Dangerous
Goods (UNSCOE TDG) to be held June
23 to July 2, 2014, in Geneva,
Switzerland. During the public meeting,
PHMSA is also soliciting comments
relative to potential new work items
which may be considered for inclusion
in its international agenda.
Also, on Wednesday, June 11, 2014,
the Department of Labor, Occupational
Safety and Health Administartion
(OSHA) will conduct a public meeting
(See Docket No. OSHA–H022k–2006–
0062) to discuss proposals in
SUMMARY:
PO 00000
Frm 00151
Fmt 4703
Sfmt 4703
30689
preparation for the 27th session of the
United Nations Sub-Committee of
Experts on the Globally Harmonized
System of Classification and Labelling
of Chemicals (UNSCEGHS) to be held
July 2 to 4, 2014, in Geneva,
Switzerland.
DATES: Wednesday, June 11, 2014.
ADDRESSES: Both meetings will be held
at the DOT Headquarters Conference
Center, West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Time and Location: PHMSA public
meeting: 8:30 a.m. to 11:30 a.m. EDT,
Oklahoma Room.
OSHA public meeting: 1:00 p.m. to
4:00 p.m. EDT, Conference Room 3.
Registration: It is requested that
attendees pre-register for these meetings
by completing the form at https://
www.surveymonkey.com/s/PNCPBQD.
Attendees may use the form to preregister for the PHMSA meeting, the
OSHA meeting, or both meetings.
Failure to pre-register may delay your
access to the DOT building. Participants
attending in person are encouraged to
arrive early to allow time for security
checks necessary to obtain access to the
building.
Conference call-in and ‘‘live meeting’’
capability will be provided for both
meetings. Specific information on callin and live meeting access will be
posted when available at https://
www.phmsa.dot.gov/hazmat/regs/
international and at https://
www.osha.gov/dsg/hazcom/.
FOR FURTHER INFORMATION CONTACT:
Vincent Babich or Steven Webb, Office
of Hazardous Materials Safety,
International Standards, Department of
Transportation, Washington, DC 20590;
telephone (202) 366–8553.
Supplementary Information on the
PHMSA Meeting: The primary purpose
of PHMSA’s meeting will be to prepare
for the 45th session of the UNSCOE
TDG. The 45th session of the UNSCOE
TDG is the third of four meetings
scheduled for the 2013–2014 biennium.
The UNSCOE will consider proposals
for the 19th Revised Edition of the
United Nations Recommendations on
the Transport of Dangerous Goods
Model Regulations which will be
implemented within relevant domestic,
regional, and international regulations
from January 1, 2017. Copies of working
documents, informal documents, and
the meeting agenda may be obtained
from the United Nations Transport
Division’s Web site at https://
www.unece.org/trans/main/dgdb/
dgsubc3/c3age.html.
General topics on the agenda for the
UNSCOE TDG meeting include:
• Explosives and related matters
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30688-30689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12270]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0125; Notice 2]
Hankook Tire America Corp, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
-----------------------------------------------------------------------
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.
ADDRESSES: For further information on this decision contact Abraham
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile
(202) 366-5930.
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.
Notice of receipt of the October 4, 2013, petition was published,
with a 30-day public comment period, on December 10, 2013 in the
Federal Register (78 FR 74226). No comments were received. To view the
petition and all supporting documents log onto the Federal Docket
Management System (FDMS) Web site at: https://www.regulations.gov/. Then
follow the online search instructions to locate docket number ``NHTSA-
2013-0125.''
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:
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.
Hancock has additionally informed NHTSA that it has corrected the
[[Page 30689]]
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.
VI. NHTSA's Decision: The agency agrees with Hankook that the
noncompliance is inconsequential to motor vehicle safety. The agency
believes that the true measure of inconsequentiality to motor vehicle
safety in this case is that there is no effect of the noncompliance on
the operational safety of the vehicles on which these tires are
mounted. The safety of people working in the tire retread, repair and
recycling industries must also be considered.
Although tire construction affects the strength and durability,
neither the agency nor the tire industry provides information relating
tire strength and durability to the number of plies and types of ply
cord material in the tread and sidewall. Therefore, tire dealers and
customers should consider the tire construction information along with
other information such as load capacity, maximum inflation pressure,
and tread wear, temperature, and traction ratings, to assess
performance capabilities of various tires. In the agency's judgment,
the incorrect labeling of the tire construction information will have
an inconsequential effect on motor vehicle safety because most
consumers do not base tire purchases or vehicle operation parameters on
the number of plies in a tire.
The agency believes the noncompliance will have no measurable
effect on the safety of tire retread, repair, and recycling industries.
The use of steel cord construction in the sidewall and tread is the
primary safety concern of these industries. In this case, since the
tire sidewall is marked correctly for the number of steel plies, this
potential safety concern does not exist.
In consideration of the foregoing, NHTSA has decided that Hankook
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 remedy for, the subject
noncompliance.
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, this decision
only applies to the subject tires that Hankook no longer controlled at
the time that it determined that a noncompliance existed. However, the
granting of 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).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-12270 Filed 5-27-14; 8:45 am]
BILLING CODE 4910-59-P
