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