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

Topics:  Hankook

Otto G. Matheke III
National Highway Traffic Safety Administration
23 March 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