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

American Government Special Collections Reference Desk

American Government Topics:  Hankook

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

Claude H. Harris
National Highway Traffic Safety Administration
December 10, 2013


[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74226-74227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29405]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0125; 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 model year Hankook Roadhandler Sport (H432) tires manufactured 
between June 21, 2013 and August 29, 2013, do not fully comply with 
paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
139, New Pneumatic Radial Tires for Light Vehicles. Hankook has filed 
an appropriate report dated October 4, 2013, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is January 9, 
2014.

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 at the beginning of this notice and be 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: 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 Deliver: Deliver comments by hand to: 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 
Federal Holidays.
     Electronically: Submit comments electronically by: Logging 
onto the Federal Docket Management System (FDMS) Web site at http://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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. Hankook's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Hankook submitted a 
petition for an exemption from the notification and remedy requirements 
of 49 U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety.
    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: Affected are approximately 6,257 Roadhandler 
Sport (H432), size 215/45R17 91W XL, Hankook tires manufactured between 
June 21, 2013 and August 29, 2013.
    III. Noncompliance: Hankook explains that the noncompliance is 
that, due to a mold labeling error, the sidewall marking on the side of 
the tires incorrectly describes the actual number of plies in the tread 
area of the tires as required by paragraph S5.5(f) of 49 CFR 571.139. 
Specifically, the tires in question were inadvertently manufactured 
with ``Ply Tread 2 steel + 1 Polyester + 2 Nylon, Sidewall 1 
Polyester.'' The correct labeling and stamping to match the tire 
construction should have been ``Ply Tread 2 steel + 1 Polyester + 1 
Nylon, Sidewall 1 Polyester.''
    IV. Rule Text: Paragraph S5.5(f) of FMVSS No. 139 requires in 
pertinent part:


[[Page 74227]]


    S5.5 Tire Markings. Except as specified in paragraphs (a) 
through (i) of S5.5, each tire must be marked on each sidewall with 
the information specified in S5.5(a) through (d) and on one side-
wall with the information specified in S5.5(e) through (i) according 
to the phase-in schedule specified in S7 of this standard. The 
markings must be placed between the maximum section width and the 
bead on at least one sidewall, unless the maximum section width of 
the tire is located in an area that is not more than one-fourth of 
the distance from the bead to the shoulder of the tire. If the 
maximum section width that falls within that area, those markings 
must appear between the bead and a point one-half the distance from 
the bead to the shoulder of the tire, on at least one sidewall. The 
markings must be in letters and numerals not less than 0.078 inches 
high and raised above or sunk below the tire surface not less than 
0.015 inches . . .
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different.

    V. Summary of Hankook's Analyses: Hankook stated its belief that 
the subject noncompliance is inconsequential to motor vehicle safety 
for the following reasons:
    1. The affected subject tires meet or exceed all applicable FMVSS 
performance standards.
    2. The subject tires will not be affected based on performance, 
durability, or safety they are designed and build for.
    Hankook has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production of these Roadhandler Sport 
(H432) tires will comply with FMVSS No. 139.
    In summation, Hankook believes that the described noncompliance of 
the subject tires is inconsequential to motor vehicle safety, and that 
its petition, to exempt from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
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 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)

    Issued on: December 4, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-29405 Filed 12-9-13; 8:45 am]
BILLING CODE 4910-59-P

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