Hercules Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 60686-60688 [2024-16484]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 60686 Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices would be able to in the case of an ICE vehicle. • FCA says NHTSA further explained that the relative volume change requirement will ensure a minimum sound level increase and decrease as a vehicle reaches each successive higher or lower speed operating condition, and NHTSA developed the speed intervals to incorporate flexibility. As FCA previously noted, the actual test procedure allows a 2 km/h variation at 10, 20, and 30 km/h, allowing for the relative volume change between speeds that are up to 12 km/h apart. FCA asserts that the subject vehicles meet the intent of the minimum relative volume change requirement by providing the intended audible alert to pedestrians indicating that the vehicle speed is either increasing or decreasing. FCA contends that while the subject vehicle’s volume exceeds the 3 dB limit between 18 and 30 km/h, if this same 12 km/h were measured between 20 and 32 km/h, the vehicles would comply with FMVSS No. 118. Further, FCA asserts that when measured between 17 and 27 km/h, the relative volume change is nearly 6 dB, and it is nearly 7.5 dB between 17 and 30 km/h, which FCA believes is consistent with the intent of the standard. Figure 2 of FCA’s petition shows that the volume between 20 and 22 km/h exceeds the minimum requirement. FCA says that the remedy for the subject noncompliance is to reduce the volume emitted within the 20 to 22 km/h range, ensuring the vehicle is quieter at those speeds. The volume would not change at higher speeds and would maintain the same relative volume change but shifted to a slightly higher speed interval. FCA contends that the proposed remedy will reduce the subject vehicle’s noise level, making it less noticeable when traveling between 20 and 22 km/ h. Additionally, FCA believes that the slight shift in the relative volume change speed range will be practically imperceptible to pedestrians. FCA notes that it could not locate any prior petitions for inconsequential noncompliance relating to a safety recall due to the same or similar noncompliance with the relative volume change requirement, for its own vehicles or those of other automakers. FCA states that it started vehicle production with compliant QVPM software on October 18, 2023. FCA is not aware of any crashes, injuries, or customer complaints associated with the subject noncompliance. FCA concludes by stating its belief that the subject noncompliance is inconsequential as it relates to motor VerDate Sep<11>2014 18:05 Jul 25, 2024 Jkt 262001 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 vehicles that FCA no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after FCA 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. 2024–16480 Filed 7–25–24; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2022–0103; Notice 1] 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 that certain Ironman iMove PT radial 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 on October 26, 2022, and amended the report on November 28, 2022. Hercules subsequently petitioned NHTSA on October 27, 2022, and amended its petition on December 1, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor SUMMARY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 vehicle safety. This document announces receipt of Hercules’ petition. DATES: Send comments on or before August 26, 2024. 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 E:\FR\FM\26JYN1.SGM 26JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices 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, Safety Compliance Engineer, Office of Vehicle Safety Compliance, NHTSA, (325) 366–0547. SUPPLEMENTARY INFORMATION: I. Overview: Hercules determined that certain Ironman iMove PT radial 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 October 26, 2022, and amended the report on November 28, 2022, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Hercules petitioned NHTSA on October 27, 2022, and amended its petition on December 1, 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 5,146 Ironman iMove PT radial tires, size 215/55R17, manufactured between March 7, 2022, and May 16, 2022, were reported by the manufacturer. III. Noncompliance: Hercules explains that the date code portion of the Tire Identification Number (TIN) on the subject tires inaccurately identifies the week of manufacture and, therefore, does not comply with paragraph S5.5.1(b) of FMVSS No. 139 and 49 CFR part 574.5(b)(3). Specifically, the TIN on the subject tires contains a date code in which the first symbol is ‘‘7’’ when it should be ‘‘1.’’ 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 574.5(b)(3), on VerDate Sep<11>2014 17:17 Jul 25, 2024 Jkt 262001 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 the subject tires were manufactured in calendar weeks 10–19 of calendar year 2022, therefore the first symbol of the date code portion of the TIN should be ‘‘1.’’ However, the tires contain a TIN in which the first symbol of the date code is ‘‘7,’’ indicating that the tire was manufactured in calendar weeks 70–79, which do not exist. Hercules states that other than the incorrect first digit of the date code, all other content within the TIN is accurate and the tires comply with the applicable FMVSS No. 139 performance requirements. Hercules believes that subject noncompliance will not cause consumers to be misled because the incorrect date code indicates a calendar week that does not exist. For example, if the date code listed on the subject tire is ‘‘7322,’’ it indicates that the tire was manufactured in calendar week 73 of the year 2022, which does not exist. According to Hercules, NHTSA has granted prior petitions in which the noncompliance involves mislabeled or inaccurate date codes because the noncompliance will not confuse or mislead the consumer. Hercules believes that NHTSA’s main concern with TINs that are mislabeled or inaccurate is the potential for adverse safety consequences due to consumers using aged tires that are beyond the manufacturer’s recommended service life, regardless of the condition of the tire.1 Hercules says that the incorrect date code ‘‘cannot be confused with any 1 See Cooper Tire & Rubber Company, 86 FR 47726 (August 26, 2021). PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 60687 other reasonably related date code that would lead a consumer to question the accuracy of the week of manufacture.’’ Further, Hercules says the date code indicates the correct year that the tire was manufactured, thus the consumer would not be misled about the overall age of the tire. Hercules says the subject noncompliance is similar to noncompliances in prior petitions that were granted by NHTSA that involved discrepancies in the TIN.2 Hercules states that there is no risk a consumer would use the subject tire beyond the recommended maximum service life because the year of manufacture indicated by the date code is correct. In the worst-case scenario, Hercules expects that a consumer would contact them or their local tire distributor regarding the accuracy of the date code on the subject tires. Hercules states that in the event of a recall, it is able to identify the subject tires and notify consumers. Hercules contends that NHTSA has granted prior petitions in which the manufacturer had the ability to identify affected tires if a recall were to occur.3 Hercules quotes NHTSA as stating, ‘‘The purpose of the date code is to identify the tire so that, if necessary, the appropriate action can be taken in the interest of public safety—such as, a safety recall notice.’’ Hercules notes that NHTSA has previously granted a petition for a noncompliance in a which date code was not provided but the manufacturer was able to notify consumers using that TIN with a missing date code. 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 2 See Bridgestone/Firestone, Inc., Grant of Petition, 71 FR 4396 (January 26, 2006), Bridgestone/Firestone, Inc., Grant of Petition, 66 FR 45076 (August 27, 2001). 3 See Bridgestone/Firestone Grant of Inconsequentiality Petition, 64 FR 20090 (May 28, 1999); see also Cooper Tire & Rubber Co., Grant of Inconsequentiality Petition, 68 FR 16115 (April 2, 2003). E:\FR\FM\26JYN1.SGM 26JYN1 60688 Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices 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. 2024–16484 Filed 7–25–24; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. AGENCY: ACTION: Notice. The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. SUMMARY: See Supplementary Information section for applicable date(s). DATES: ddrumheller on DSK120RN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: OFAC: Bradley Smith, Director, tel.: 202–622–2490; Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Sanctions Enforcement, Compliance & Analysis, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: Electronic Availability The SDN List and additional information concerning OFAC sanctions programs are available on OFAC’s website (ofac.treasury.gov). VerDate Sep<11>2014 18:05 Jul 25, 2024 Jkt 262001 Notice of OFAC Action(s) On July 23, 2024, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. Dated: July 23, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control, U.S. Department of the Treasury. [FR Doc. 2024–16516 Filed 7–25–24; 8:45 am] BILLING CODE 4810–AL–P Individuals DEPARTMENT OF THE TREASURY 1. GANGAT, Zayd, South Africa; DOB 05 Jun 1994; POB South Africa; nationality South Africa; Gender Male; Secondary sanctions risk: section 1(b) of Executive Order 13224, as amended by Executive Order 13886 (individual) [SDGT] (Linked To: ISLAMIC STATE OF IRAQ AND THE LEVANT). Designated pursuant to section 1(a)(iii)(C) of Executive Order 13224 of September 23, 2001, ‘‘Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism,’’ 66 FR 49079, as amended by Executive Order 13886 of September 9, 2019, ‘‘Modernizing Sanctions To Combat Terrorism,’’ 84 FR 48041 (E.O. 13224, as amended), for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, ISLAMIC STATE OF IRAQ AND THE LEVANT, a person whose property and interests in property are blocked pursuant to E.O. 13224. 2. NABAGALA, Hamidah (a.k.a. NABAGGALA, Hamida; a.k.a. NABAGGALA, Hamidah), Congo, Democratic Republic of the; DOB 09 Mar 1996; nationality Uganda; Gender Female; Secondary sanctions risk: section 1(b) of Executive Order 13224, as amended by Executive Order 13886; Passport A00044599 (Uganda) expires 19 Mar 2029 (individual) [SDGT] (Linked To: ISLAMIC STATE OF IRAQ AND THE LEVANT). Designated pursuant to section 1(a)(iii)(C) of E.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, ISLAMIC STATE OF IRAQ AND THE LEVANT, a person whose property and interests in property are blocked pursuant to E.O. 13224. 3. SWALLEH, Abubakar (a.k.a. ABUBAKAR, Swalleh; a.k.a. SWALLEH, Abubaker), South Africa; Lusaka, Zambia; DOB 13 Jan 1992; POB Mengo, Uganda; nationality Uganda; Gender Male; Secondary sanctions risk: section 1(b) of Executive Order 13224, as amended by Executive Order 13886; Passport A00195974 (Uganda) expires 16 Dec 2029; National ID No. CM920231090NZA (Uganda) (individual) [SDGT] (Linked To: ISLAMIC STATE OF IRAQ AND THE LEVANT). Designated pursuant to section 1(a)(iii)(C) of E.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, ISLAMIC STATE OF IRAQ AND THE LEVANT, a person whose property and interests in property are blocked pursuant to E.O. 13224. Office of Foreign Assets Control PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Department of the Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: This action takes effect on the date listed in Supplementary Information. FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel: 202–622–2420; Assistant Director for Licensing, tel.: 202–622– 2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Compliance, tel.: 202–622– 2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability The SDN List and additional information concerning OFAC sanctions programs are available on OFAC’s website (https://ofac.treasury.gov). Notice of OFAC Actions On July 23, 2024, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. Individuals 1. BANUELOS RAMIREZ, Juan Carlos (a.k.a. ‘‘Pistones’’; a.k.a. ‘‘Prada’’; a.k.a. ‘‘PRADA, Juan Carlos’’), Mexico; DOB 05 Oct 1977; POB Jalisco, Mexico; nationality Mexico; Gender Male; C.U.R.P. BARJ771005HJCXMN05 (Mexico) (individual) [ILLICIT–DRUGS–EO14059]. Designated pursuant to section 1(a)(i) of Executive Order 14059 of December 15, 2021, ‘‘Imposing Sanctions on Foreign Persons E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60686-60688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16484]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0103; 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 radial 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 on October 26, 2022, and amended the report on 
November 28, 2022. Hercules subsequently petitioned NHTSA on October 
27, 2022, and amended its petition on December 1, 2022, for a decision 
that the subject noncompliance is inconsequential as it relates to 
motor vehicle safety. This document announces receipt of Hercules' 
petition.

DATES: Send comments on or before August 26, 2024.

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

[[Page 60687]]

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, Safety Compliance 
Engineer, Office of Vehicle Safety Compliance, NHTSA, (325) 366-0547.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Hercules determined that certain Ironman iMove PT 
radial 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 October 26, 
2022, and amended the report on November 28, 2022, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. Hercules 
petitioned NHTSA on October 27, 2022, and amended its petition on 
December 1, 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 5,146 Ironman iMove PT radial 
tires, size 215/55R17, manufactured between March 7, 2022, and May 16, 
2022, were reported by the manufacturer.
    III. Noncompliance: Hercules explains that the date code portion of 
the Tire Identification Number (TIN) on the subject tires inaccurately 
identifies the week of manufacture and, therefore, does not comply with 
paragraph S5.5.1(b) of FMVSS No. 139 and 49 CFR part 574.5(b)(3). 
Specifically, the TIN on the subject tires contains a date code in 
which the first symbol is ``7'' when it should be ``1.''
    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 574.5(b)(3), 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 the subject tires were manufactured in 
calendar weeks 10-19 of calendar year 2022, therefore the first symbol 
of the date code portion of the TIN should be ``1.'' However, the tires 
contain a TIN in which the first symbol of the date code is ``7,'' 
indicating that the tire was manufactured in calendar weeks 70-79, 
which do not exist.
    Hercules states that other than the incorrect first digit of the 
date code, all other content within the TIN is accurate and the tires 
comply with the applicable FMVSS No. 139 performance requirements.
    Hercules believes that subject noncompliance will not cause 
consumers to be misled because the incorrect date code indicates a 
calendar week that does not exist. For example, if the date code listed 
on the subject tire is ``7322,'' it indicates that the tire was 
manufactured in calendar week 73 of the year 2022, which does not 
exist.
    According to Hercules, NHTSA has granted prior petitions in which 
the noncompliance involves mislabeled or inaccurate date codes because 
the noncompliance will not confuse or mislead the consumer. Hercules 
believes that NHTSA's main concern with TINs that are mislabeled or 
inaccurate is the potential for adverse safety consequences due to 
consumers using aged tires that are beyond the manufacturer's 
recommended service life, regardless of the condition of the tire.\1\
---------------------------------------------------------------------------

    \1\ See Cooper Tire & Rubber Company, 86 FR 47726 (August 26, 
2021).
---------------------------------------------------------------------------

    Hercules says that the incorrect date code ``cannot be confused 
with any other reasonably related date code that would lead a consumer 
to question the accuracy of the week of manufacture.'' Further, 
Hercules says the date code indicates the correct year that the tire 
was manufactured, thus the consumer would not be misled about the 
overall age of the tire.
    Hercules says the subject noncompliance is similar to 
noncompliances in prior petitions that were granted by NHTSA that 
involved discrepancies in the TIN.\2\ Hercules states that there is no 
risk a consumer would use the subject tire beyond the recommended 
maximum service life because the year of manufacture indicated by the 
date code is correct. In the worst-case scenario, Hercules expects that 
a consumer would contact them or their local tire distributor regarding 
the accuracy of the date code on the subject tires.
---------------------------------------------------------------------------

    \2\ See Bridgestone/Firestone, Inc., Grant of Petition, 71 FR 
4396 (January 26, 2006), Bridgestone/Firestone, Inc., Grant of 
Petition, 66 FR 45076 (August 27, 2001).
---------------------------------------------------------------------------

    Hercules states that in the event of a recall, it is able to 
identify the subject tires and notify consumers. Hercules contends that 
NHTSA has granted prior petitions in which the manufacturer had the 
ability to identify affected tires if a recall were to occur.\3\ 
Hercules quotes NHTSA as stating, ``The purpose of the date code is to 
identify the tire so that, if necessary, the appropriate action can be 
taken in the interest of public safety--such as, a safety recall 
notice.'' Hercules notes that NHTSA has previously granted a petition 
for a noncompliance in a which date code was not provided but the 
manufacturer was able to notify consumers using that TIN with a missing 
date code.
---------------------------------------------------------------------------

    \3\ See Bridgestone/Firestone Grant of Inconsequentiality 
Petition, 64 FR 20090 (May 28, 1999); see also Cooper Tire & Rubber 
Co., Grant of Inconsequentiality Petition, 68 FR 16115 (April 2, 
2003).
---------------------------------------------------------------------------

    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

[[Page 60688]]

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. 2024-16484 Filed 7-25-24; 8:45 am]
BILLING CODE 4910-59-P
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