Hankook Tire America Corp., Receipt of Petition for Decision of Inconsequential Noncompliance, 6941-6942 [2022-02459]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6941-6942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02459]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0035; Notice 2]


Hankook Tire America Corp., Receipt 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: Hankook Tire America Corp. (Hankook) has determined that 
certain Hankook Ventus S1 Noble2 passenger car tires do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New 
Pneumatic Radial Tires for Light Vehicles, and part 574, Tire 
Identification and Recordkeeping. Hankook filed a noncompliance report 
dated April 23, 2020. Hankook subsequently petitioned NHTSA on May 19, 
2020, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety. This notice announces the grant 
of Hankook's petition.

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Office of Vehicle 
Safety Compliance, the National Highway Traffic Safety Administration 
(NHTSA), (325) 655-0547, [email protected].

SUPPLEMENTARY INFORMATION: 
    I. Overview: Hankook has determined that certain Hankook Ventus S1 
Noble2 size 235/40R18W XL H452 tires do not fully comply with the 
requirements of paragraph S5.5.1(b) of FMVSS No. 139, New Pneumatic 
Radial Tires for Light Vehicles (49 CFR 571.139) and with the labeling 
requirements of Part 574.5(a) of part 574, Tire Identification and 
Recordkeeping (49 CFR 574). Hankook filed a noncompliance report dated 
April 23, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Hankook subsequently petitioned NHTSA on 
May 19, 2020, 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. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    Notice of receipt of Hankook's petition was published with a 30-day 
public comment period, on March 23, 2021, in the Federal Register (86 
FR 15546). 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-2020-0035.''
    II. Tires Involved: Approximately 109 Hankook Ventus S1 Noble2 size 
235/40R18W XL H452 passenger car tires manufactured on August 17, 2019, 
and August 18, 2019, are potentially involved.
    III. Noncompliance: Hankook explains that the noncompliance is due 
to a mold error in which the subject tires contain a tire 
identification number (TIN) with an inverted serial week and year (date 
code) as required by part 574.5(a) and paragraph S5.5.1(b) of FMVSS No. 
139. Specifically, the date code portion of the TIN was printed upside 
down.
    IV. Rule Requirements: Paragraph S5.5.1(b) of FMVSS No. 139, 
includes the requirements relevant to this petition:
     For tires manufactured on or after September 1, 2009, each 
tire must be labeled with the tire identification number required by 49 
CFR part 574 on the intended outboard sidewall of the tire.
     Except for retreaded tires, if a tire does not have an 
intended outboard sidewall, the tire must be labeled with the tire 
identification number required by 49 CFR part 574 on one sidewall and 
with either the tire identification number or a partial tire 
identification number, containing all characters in the tire 
identification number except for the date code and, at the discretion 
of the manufacturer, any optional code, on the other sidewall.
    V. Summary of Hankook's Petition: The following views and arguments 
presented in this section, ``V. Summary of Hankook's Petition,'' are 
the views and arguments provided by Hankook and do not reflect the 
views of the Agency. Hankook describes the subject noncompliance and 
contends that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    In support of its petition, Hankook submits the following 
reasoning:
    1. The relevant information remains readily identifiable,
    2. the Agency has granted a similar petition in the past (See 81 FR 
43708 (Jul. 5, 2016)),
    3. the subject tires otherwise meet the marking and performance 
requirements of FMVSS No. 139, and
    4. Hankook is not aware of any consumer complaints, claims, or 
incidents related to the subject noncompliance.
    Hankook's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at https://www.regulations.gov and by following the online 
search instructions to locate the docket number as listed in the title 
of this notice.
    Hankook argues 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's Analysis: The Agency agrees with the petitioner that the 
subject noncompliance is inconsequential to motor vehicle safety 
because the nature of the labeling error would not prevent the correct 
identification of the tires, should the tires be recalled for a 
performance related noncompliance. In the subject case, the date code 
portion of the TIN

[[Page 6942]]

is in the correct position, however, the date code is upside down or 
inverted vertically. The Agency believes that despite the error, the 
date code is still clearly legible, will not be misunderstood, and may 
be oriented correctly by rotating or spinning the tire.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA 
finds that Hankook has met its burden of persuasion that the subject 
FMVSS No. 139 noncompliance in the affected tires is inconsequential to 
motor vehicle safety. Accordingly, Hankook's petition is hereby granted 
and Hankook is consequently exempted from the obligation of providing 
notification of, and a free 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 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 it determined that the 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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-02459 Filed 2-4-22; 8:45 am]
BILLING CODE 4910-59-P