Hankook Tire America Corp., Receipt of Petition for Decision of Inconsequential Noncompliance

Citation86 FR 15546
CourtNational Highway Traffic Safety Administration
Publication Date23 Mar 2021
Record Number2021-05920
Federal Register, Volume 86 Issue 54 (Tuesday, March 23, 2021)
[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
                [Notices]
                [Pages 15546-15547]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-05920]
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                DEPARTMENT OF TRANSPORTATION
                National Highway Traffic Safety Administration
                [Docket No. NHTSA-2020-0035; Notice 1]
                Hankook Tire America Corp., Receipt of Petition for Decision of
                Inconsequential Noncompliance
                AGENCY: National Highway Traffic Safety Administration (NHTSA),
                Department of Transportation (DOT).
                ACTION: Receipt 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 receipt of
                Hankook's petition.
                DATES: Send comments on or before April 22, 2021.
                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
                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://
                [[Page 15547]]
                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 docket. 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).
                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.
                 This notice of receipt of Hankook's petition is published under 49
                U.S.C. 30118 and 30120 and does not represent any Agency decision or
                other exercise of judgment concerning the merits of the petition.
                 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. They have not been
                evaluated by the Agency and do not reflect the views of the Agency.
                Hankook described the subject noncompliance and contended that the
                noncompliance is inconsequential as it relates to motor vehicle safety.
                 In support of its petition, Hankook submitted 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 concluded by again contending 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 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 Hankook 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 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. 2021-05920 Filed 3-22-21; 8:45 am]
                BILLING CODE 4910-59-P