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

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
May 28, 2014

[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30688-30689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12270]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0125; Notice 2]


Hankook Tire America Corp, Grant 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 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.

ADDRESSES: For further information on this decision contact Abraham 
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile 
(202) 366-5930.

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.
    Notice of receipt of the October 4, 2013, petition was published, 
with a 30-day public comment period, on December 10, 2013 in the 
Federal Register (78 FR 74226). No comments were received. To view the 
petition and all supporting documents log onto the Federal Docket 
Management System (FDMS) Web site at: http://www.regulations.gov/. Then 
follow the online search instructions to locate docket number ``NHTSA-
2013-0125.''
    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:

    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.
    Hancock has additionally informed NHTSA that it has corrected the

[[Page 30689]]

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.
    VI. NHTSA's Decision: The agency agrees with Hankook that the 
noncompliance is inconsequential to motor vehicle safety. The agency 
believes that the true measure of inconsequentiality to motor vehicle 
safety in this case is that there is no effect of the noncompliance on 
the operational safety of the vehicles on which these tires are 
mounted. The safety of people working in the tire retread, repair and 
recycling industries must also be considered.
    Although tire construction affects the strength and durability, 
neither the agency nor the tire industry provides information relating 
tire strength and durability to the number of plies and types of ply 
cord material in the tread and sidewall. Therefore, tire dealers and 
customers should consider the tire construction information along with 
other information such as load capacity, maximum inflation pressure, 
and tread wear, temperature, and traction ratings, to assess 
performance capabilities of various tires. In the agency's judgment, 
the incorrect labeling of the tire construction information will have 
an inconsequential effect on motor vehicle safety because most 
consumers do not base tire purchases or vehicle operation parameters on 
the number of plies in a tire.
    The agency believes the noncompliance will have no measurable 
effect on the safety of tire retread, repair, and recycling industries. 
The use of steel cord construction in the sidewall and tread is the 
primary safety concern of these industries. In this case, since the 
tire sidewall is marked correctly for the number of steel plies, this 
potential safety concern does not exist.
    In consideration of the foregoing, NHTSA has decided that Hankook 
has met its burden of persuasion that the noncompliance described is 
inconsequential to motor vehicle safety. Accordingly, Hankook's 
petition is granted and the petitioner is exempted from the obligation 
of providing notification of, and remedy for, the subject 
noncompliance.
    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 that it determined that a 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).

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-12270 Filed 5-27-14; 8:45 am]
BILLING CODE 4910-59-P