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Hankook Tire America Corp., Receipt of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 7 February 2022 Subjects: American Government  , Safety, Tires
Topic: Hankook |
[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, 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:
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]
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