Hercules Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 55467-55468 [2022-19515]
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
the strength of the LATCH Lower
Anchor webbing would have been
revealed in the dynamic sled tests of
FMVSS 213.’’
BT states that there is no evidence of
webbing failure in any CRS in the real
world, that it has never received a
complaint, nor has any knowledge of, a
webbing failure on any of its products
in the real world.
BT concludes by stating its belief that
the subject noncompliance is
inconsequential as it relates to motor
vehicle safety and 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 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 child restraints that BT no
longer controlled at the time it
determined that the noncompliance
existed. However, any decision on this
petition does not relieve child restraint
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant child restraints under
their control after BT 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. 2022–19516 Filed 9–8–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2022–0069; Notice 1]
jspears on DSK121TN23PROD with NOTICES
Hercules Tire & Rubber Company,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Hercules Tire & Rubber
Company, (Hercules), has determined
SUMMARY:
VerDate Sep<11>2014
18:57 Sep 08, 2022
Jkt 256001
that certain Ironman iMOVE PT
specialty trailer tires do not fully
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light
Vehicles. Hercules filed an original
noncompliance report dated May 10,
2022, and amended the report on May
12, 2022. Hercules petitioned NHTSA
on June 21, 2022, for a decision that the
subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This document
announces receipt of Hercules’s
petition.
Send comments on or before
October 11, 2022.
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 in the title of this
notice and may be submitted by any of
the following methods:
• Mail: Send comments by mail
addressed to the 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 Delivery: Deliver comments
by hand to the 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 for Federal
Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
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 comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
DATES:
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
55467
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000 (65 FR 19477–78).
FOR FURTHER INFORMATION CONTACT:
Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety
Compliance, (325) 655–0547.
SUPPLEMENTARY INFORMATION:
I. Overview
Hercules determined that certain
Ironman iMOVE PT specialty trailer
tires do not fully comply with paragraph
S5.5.1(b) of FMVSS No. 139, New
Pneumatic Radial Tires for Light
Vehicles (49 CFR 571.139).
Hercules filed an original
noncompliance report dated May 10,
2022, and amended the report on May
12, 2022, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Hercules
subsequently petitioned NHTSA on
June 21, 2022, 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.
This notice of receipt of Hercules’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or another exercise
of judgment concerning the merits of the
petition.
II. Tires Involved
Approximately 555 Ironman iMOVE
PT specialty trailer tires, manufactured
between August 14, 2021, and August
20, 2021, are potentially involved:
III. Noncompliance
Hercules explains that the subject
tires are labeled with a tire
E:\FR\FM\09SEN1.SGM
09SEN1
55468
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
identification number (TIN) that does
not contain the correct date code, as
stated by 49 CFR 574.5(b)(3), and
therefore does not comply with
paragraph S5.5.1(b) of FMVSS No. 139.
Specifically, the date code as stated in
the TIN on the subject tires is ‘‘3231’’
when it should state ‘‘3321.’’
jspears on DSK121TN23PROD with NOTICES
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No.
139 and 49 CFR 574.5(b)(3) include the
requirements relevant to this petition.
Each tire (manufactured on or after
September 1, 2009) must be labeled
with the TIN, as required by 49 CFR part
574, on the intended outboard sidewall
of the tire. The date code, consisting of
four numerical symbols, is the final
group of the TIN and must identify the
tire’s week and year of manufacture.
The first and second symbols of the date
code must identify the week of the year
by using ‘‘01’’ for the first full calendar
week in each year, ‘‘02’’ for the second
full calendar week, and so on. The third
and fourth symbols of the date code
must identify the last two digits of the
year of manufacture.
V. Summary of Hercules’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of Hercules’s Petition,’’ are the views
and arguments provided by Hercules.
They have not been evaluated by the
Agency and do not reflect the views of
the Agency. Hercules describes the
subject noncompliance and contends
that the noncompliance is
inconsequential as it relates to motor
vehicle safety.
Hercules explains that two of the
numerical symbols used in the TIN were
inadvertently transposed and
incorrectly states the date code ‘‘3231.’’
Hercules says that the tires should have
been marked ‘‘3321,’’ to indicate that
‘‘the tires were manufactured in
calendar week 33 of calendar year
2021.’’ Other than the incorrect date
code, Hercules states that the TIN is
correct and the subject tires ‘‘otherwise
conform to the performance
requirements applicable to specialty
trailer tires.’’
Hercules claims that the subject
noncompliance ‘‘will not confuse or
mislead the consumer,’’ and is similar to
prior inconsequentiality petitions that
NHTSA has granted. Although the
numeric symbols representing the date
code in the TIN were transposed,
Hercules believes the subject
noncompliance causes ‘‘no increased
risk to motor vehicle safety’’ because the
incorrect date code represents a future
year of production ‘‘and is so far into
the future to be implausible.’’
VerDate Sep<11>2014
18:57 Sep 08, 2022
Jkt 256001
Hercules contends that NHTSA has
stated that its main concern is the
potential safety risk to consumers using
an aged tire that is ‘‘beyond the
manufacturer’s recommended service
life, regardless of the condition of the
tire.’’ Therefore, Hercules believes that a
consumer using the incorrect date code
listed on the subject tires would
determine that the year of production
indicated by the date code is 1931 or
2031, which would ‘‘cause a rational
consumer to question the accuracy of
the year of manufacture.’’ Furthermore,
Hercules says that the guidance
provided on NHTSA’s website advises
that ‘‘tires should be replaced within 6
to 10 years regardless of treadwear.’’ For
these reasons, Hercules says the
consumer would not ‘‘be misled into
believing that the tire has a substantial
service life ahead of it.’’ Hercules also
states that ‘‘even if a dealer were to store
the subject tires for several years before
selling them, there is no risk of
misleading the consumer about the age
of the tire.’’
In the event of a recall, Hercules states
that the subject tires can be identified
through its internal database using the
TIN and ‘‘any consumer communication
could include the TIN as it is listed on
the tire sidewall so that consumers
could check the recall notification
against the tire sidewall for verification
purposes.’’ Hercules says that upon
registration of the subject tires, it ‘‘will
continue to be able to isolate and
identify the affected tires in its internal
systems as having actually been
produced in calendar week 33, calendar
year 2021.’’
According to Hercules, the following
prior petitions NHTSA has granted
describe noncompliances that are
similar to the subject petition, and
therefore, support Hercules’s contention
that its petition should be granted:
• Cooper Tire & Rubber Company, 86
FR 47726 (August 26, 2021).
• Bridgestone/Firestone, Inc., Grant of
Petition, 71 FR 4396 (January 26, 2006).
• Bridgestone/Firestone, Inc., Grant of
Petition, 66 FR 45076 (August 27, 2001).
• Bridgestone/Firestone Grant of
Inconsequentiality Petition, 64 FR
20,090 (May 28, 1999).
• Cooper Tire & Rubber Co., Grant of
Inconsequentiality Petition, 68 FR
16,115 (April 2, 2003).
• See Bridgestone/Firestone North
America, LLC, Grant of
Inconsequentiality Petition, 71 FR 4396
(January 26, 2006).
Hercules concludes by stating its
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety and its petition to be
exempted from providing notification of
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
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 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 Hercules 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 Hercules 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. 2022–19515 Filed 9–8–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Open Meeting of the Taxpayer
Advocacy Panel’s Toll-Free Phone
Lines Project Committee
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of meeting.
AGENCY:
An open meeting of the
Taxpayer Advocacy Panel’s Toll-Free
Phone Lines Project Committee will be
conducted. The Taxpayer Advocacy
Panel is soliciting public comments,
ideas, and suggestions on improving
customer service at the Internal Revenue
Service. This meeting will be held via
teleconference.
DATES: The meeting will be held
Tuesday, October 11, 2022.
FOR FURTHER INFORMATION CONTACT:
Rosalind Matherne at 1–888–912–1227
or 202–317–4115.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to Section
10(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. app. (1988) that
an open meeting of the Taxpayer
Advocacy Panel Toll-Free Phone Lines
SUMMARY:
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55467-55468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19515]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0069; Notice 1]
Hercules Tire & Rubber Company, Receipt of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Hercules Tire & Rubber Company, (Hercules), has determined
that certain Ironman iMOVE PT specialty trailer tires do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New
Pneumatic Radial Tires for Light Vehicles. Hercules filed an original
noncompliance report dated May 10, 2022, and amended the report on May
12, 2022. Hercules petitioned NHTSA on June 21, 2022, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This document announces receipt of Hercules's
petition.
DATES: Send comments on or before October 11, 2022.
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 in the title of this notice and may be
submitted by any of the following methods:
Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview
Hercules determined that certain Ironman iMOVE PT specialty trailer
tires do not fully comply with paragraph S5.5.1(b) of FMVSS No. 139,
New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139).
Hercules filed an original noncompliance report dated May 10, 2022,
and amended the report on May 12, 2022, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Hercules
subsequently petitioned NHTSA on June 21, 2022, 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.
This notice of receipt of Hercules's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
II. Tires Involved
Approximately 555 Ironman iMOVE PT specialty trailer tires,
manufactured between August 14, 2021, and August 20, 2021, are
potentially involved:
III. Noncompliance
Hercules explains that the subject tires are labeled with a tire
[[Page 55468]]
identification number (TIN) that does not contain the correct date
code, as stated by 49 CFR 574.5(b)(3), and therefore does not comply
with paragraph S5.5.1(b) of FMVSS No. 139. Specifically, the date code
as stated in the TIN on the subject tires is ``3231'' when it should
state ``3321.''
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No. 139 and 49 CFR 574.5(b)(3)
include the requirements relevant to this petition. Each tire
(manufactured on or after September 1, 2009) must be labeled with the
TIN, as required by 49 CFR part 574, on the intended outboard sidewall
of the tire. The date code, consisting of four numerical symbols, is
the final group of the TIN and must identify the tire's week and year
of manufacture. The first and second symbols of the date code must
identify the week of the year by using ``01'' for the first full
calendar week in each year, ``02'' for the second full calendar week,
and so on. The third and fourth symbols of the date code must identify
the last two digits of the year of manufacture.
V. Summary of Hercules's Petition
The following views and arguments presented in this section, ``V.
Summary of Hercules's Petition,'' are the views and arguments provided
by Hercules. They have not been evaluated by the Agency and do not
reflect the views of the Agency. Hercules describes the subject
noncompliance and contends that the noncompliance is inconsequential as
it relates to motor vehicle safety.
Hercules explains that two of the numerical symbols used in the TIN
were inadvertently transposed and incorrectly states the date code
``3231.'' Hercules says that the tires should have been marked
``3321,'' to indicate that ``the tires were manufactured in calendar
week 33 of calendar year 2021.'' Other than the incorrect date code,
Hercules states that the TIN is correct and the subject tires
``otherwise conform to the performance requirements applicable to
specialty trailer tires.''
Hercules claims that the subject noncompliance ``will not confuse
or mislead the consumer,'' and is similar to prior inconsequentiality
petitions that NHTSA has granted. Although the numeric symbols
representing the date code in the TIN were transposed, Hercules
believes the subject noncompliance causes ``no increased risk to motor
vehicle safety'' because the incorrect date code represents a future
year of production ``and is so far into the future to be implausible.''
Hercules contends that NHTSA has stated that its main concern is
the potential safety risk to consumers using an aged tire that is
``beyond the manufacturer's recommended service life, regardless of the
condition of the tire.'' Therefore, Hercules believes that a consumer
using the incorrect date code listed on the subject tires would
determine that the year of production indicated by the date code is
1931 or 2031, which would ``cause a rational consumer to question the
accuracy of the year of manufacture.'' Furthermore, Hercules says that
the guidance provided on NHTSA's website advises that ``tires should be
replaced within 6 to 10 years regardless of treadwear.'' For these
reasons, Hercules says the consumer would not ``be misled into
believing that the tire has a substantial service life ahead of it.''
Hercules also states that ``even if a dealer were to store the subject
tires for several years before selling them, there is no risk of
misleading the consumer about the age of the tire.''
In the event of a recall, Hercules states that the subject tires
can be identified through its internal database using the TIN and ``any
consumer communication could include the TIN as it is listed on the
tire sidewall so that consumers could check the recall notification
against the tire sidewall for verification purposes.'' Hercules says
that upon registration of the subject tires, it ``will continue to be
able to isolate and identify the affected tires in its internal systems
as having actually been produced in calendar week 33, calendar year
2021.''
According to Hercules, the following prior petitions NHTSA has
granted describe noncompliances that are similar to the subject
petition, and therefore, support Hercules's contention that its
petition should be granted:
Cooper Tire & Rubber Company, 86 FR 47726 (August 26,
2021).
Bridgestone/Firestone, Inc., Grant of Petition, 71 FR 4396
(January 26, 2006).
Bridgestone/Firestone, Inc., Grant of Petition, 66 FR
45076 (August 27, 2001).
Bridgestone/Firestone Grant of Inconsequentiality
Petition, 64 FR 20,090 (May 28, 1999).
Cooper Tire & Rubber Co., Grant of Inconsequentiality
Petition, 68 FR 16,115 (April 2, 2003).
See Bridgestone/Firestone North America, LLC, Grant of
Inconsequentiality Petition, 71 FR 4396 (January 26, 2006).
Hercules concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and 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 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 Hercules 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 Hercules
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. 2022-19515 Filed 9-8-22; 8:45 am]
BILLING CODE 4910-59-P