[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Page 12196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5745]



[[Page 12196]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-16463; Notice 2]


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

    Hankook Tire America Corp. (Hankook Tire) has determined that 
certain tires it produced in 2003 do not comply with S4.3(e) of 49 CFR 
571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New 
pneumatic tires. Pursuant to 49 U.S.C. 30118(d) and 30120(h), Hankook 
Tire has petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Reports.'' Notice of receipt of the petition was published, with a 30-
day comment period, on December 3, 2003, in the Federal Register (68 FR 
67739). NHTSA received no comments.
    A total of approximately 3,049 tires are involved. These are 215/
50R 17 91H 04PR H405 tires, which Hankook Tire produced during DOT 
weeks 16 through 21 and DOT weeks 24 and 25 of the year 2003. They have 
the nylon ply number mismarked on one side of the tire, specifically on 
the DOT serial side. The incorrect marking on the DOT serial side is 
``2 steel + 2 polyester + 2 nylon'' and the correct marking on the 
opposite side is ``2 steel + 2 polyester + 1 nylon.'' Paragraph S4.3 of 
FMVSS No. 109 requires ``each tire shall have permanently molded into 
or onto both sidewalls * * * (e) Actual number of plies in the 
sidewall, and the actual number of plies in the tread area if 
different.''
    Hankook Tire believes that the noncompliance is inconsequential to 
motor vehicle safety, and that no corrective action is warranted. The 
petitioner states that first, the affected tires meet all requirements 
of 49 CFR 571.109 except for the markings pertaining to S4.3(e), and 
second, the markings on the side of the tire opposite the DOT serial 
side are correct.
    The agency agrees with Hankook Tire's statement that the incorrect 
markings do not present a serious safety concern. 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 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 the 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 the tire.
    The agency believes the noncompliance will have no measurable 
effect on the safety of the 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, 
the steel used in the construction of the tires is properly labeled.
    In addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 109. Also, the markings on the side of the 
tire opposite the DOT serial side are correct. All other informational 
markings as required by FMVSS No. 109 are present. Hankook Tire has 
corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Hankook Tire's petition is granted and the petitioner is exempted from 
the obligation of providing notification of, and a remedy for, the 
noncompliance.

    Authority: (49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8)

Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-5745 Filed 3-12-04; 8:45 am]
BILLING CODE 4910-59-P