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

Download as PDF Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices including leadership and organizational skills, region of the country represented, diversity characteristics, and the overall balance of industry representation. Each application should include the applicant’s name and organizational affiliation; a cover letter describing the applicant’s qualifications and interest in serving on TRACS; a curriculum vitae or resume of the applicant’s qualifications; and contact information including the applicant’s address, phone number, fax number, and email address. Selfapplication and application through nomination of others are acceptable. FTA prefers electronic submissions for all applications, via email to TRACS@ dot.gov. Applications will also be accepted via mail at the address identified in the FOR FURTHER INFORMATION CONTACT section of this notice. FTA expects to nominate up to 25 representatives from the public transportation safety community for immediate TRACS membership. The Secretary, in consultation with the Administrator, will make the final selection decision. This notice is provided in accordance with the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C. app. 2). Please see the TRACS website for additional information at https:// www.transit.dot.gov/regulations-andguidance/safety/transit-advisorycommittee-safety-tracs. Nuria I. Fernandez, Administrator. [FR Doc. 2022–02494 Filed 2–4–22; 8:45 am] BILLING CODE P 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 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: 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, jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:36 Feb 04, 2022 Jkt 256001 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, Jayton.Lindley@dot.gov. 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: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 6941 • 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 E:\FR\FM\07FEN1.SGM 07FEN1 6942 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration jspears on DSK121TN23PROD with NOTICES1 [Docket No. NHTSA–2020–0092; Notice 2] Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: VerDate Sep<11>2014 17:36 Feb 04, 2022 Jkt 256001 Michelin North America, Inc. (MNA) has determined that certain Michelin CrossClimate SUV replacement tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. MNA filed a noncompliance report dated July 31, 2020, and subsequently petitioned NHTSA on August 21, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces the grant of MNA’s petition. FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer, NHTSA, Office of Vehicle Safety Compliance, (325) 655–0547. SUPPLEMENTARY INFORMATION: SUMMARY: I. Overview MNA has determined that certain Michelin CrossClimate SUV replacement tires do not fully comply with the requirements of paragraphs S5.5(e) and (f) of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139). MNA filed a noncompliance report dated July 31, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA subsequently petitioned NHTSA on August 21, 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 MNA’s petition was published with a 30-day public comment period, on September 13, 2021, in the Federal Register (86 FR 50949). 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– 0092.’’ II. Tires Involved Approximately 884 Michelin CrossClimate SUV replacement tires, size 235/55R17 99V, manufactured between October 20, 2019, and November 30, 2019, are potentially involved. III. Noncompliance MNA explains that the noncompliance is due to a mold error and that as a result, the number of tread plies indicated on the sidewall of the PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 subject tires does not match the actual number of plies in the tire construction as required by paragraphs S5.5(e) and (f) of FMVSS No. 139. Specifically, the tires were marked ‘‘Tread Plies: 2 Polyester + 2 Steel + 1 Polyamide; Sidewall: 2 Polyester’’ when they should have been marked ‘‘Tread Plies: 1 Polyester + 2 Steel + 1 Polyamide; Sidewall: 1 Polyester.’’ IV. Rule Requirements Paragraphs S5.5(e) and (f) of FMVSS No. 139 include the requirements relevant to this petition. Each tire must be marked on each sidewall with the information specified in paragraphs S5.5(a) through (d) and on one sidewall with the information specified in paragraphs S5.5(e) through (i) according to the phase-in schedule specified in paragraph S7 of FMVSS No. 139. Specifically, each tire should be marked with the generic name of each cord material used in the plies (both sidewall and tread area) of the tire and the actual number of plies in the sidewall, and the actual number of plies in the tread area, if different. V. Summary of MNA’s Petition The following views and arguments presented in this section, ‘‘V. Summary of MNA’s Petition,’’ are the views and arguments provided by MNA and do not reflect the views of the Agency. MNA describes the subject noncompliance and contends 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. Tire performance—MNA says that the subject tires have been designed as a single ply construction. The mismarked tires have been manufactured according to the design specification. These tires fully comply with MNA performance requirements as well as with all applicable FMVSS tire safety performance standards and related requirements. b. Tire application—MNA claims that the mismarked ply information has no direct impact on tire application. The tires are properly marked with all other FMVSS required information including the tire size designation, maximum load, and maximum inflation pressure. These markings provide both dealers and consumers with the necessary information to ensure proper selection and application of the tires. c. Tire repair and retread—MNA also says that concerns related to the safety of tire repair and retread personnel have been previously raised for filings E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[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