[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60686-60688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16484]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0103; Notice 1]


Hercules Tire & Rubber Company, 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: Hercules Tire & Rubber Company, (Hercules), has determined 
that certain Ironman iMove PT radial tires do not fully comply with 
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic 
Radial Tires for Light Vehicles. Hercules filed an original 
noncompliance report on October 26, 2022, and amended the report on 
November 28, 2022. Hercules subsequently petitioned NHTSA on October 
27, 2022, and amended its petition on December 1, 2022, for a decision 
that the subject noncompliance is inconsequential as it relates to 
motor vehicle safety. This document announces receipt of Hercules' 
petition.

DATES: Send comments on or before August 26, 2024.

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 may be 
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://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

[[Page 60687]]

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 dockets. 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).

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Safety Compliance 
Engineer, Office of Vehicle Safety Compliance, NHTSA, (325) 366-0547.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Hercules determined that certain Ironman iMove PT 
radial tires do not fully comply with paragraph S5.5.1(b) of FMVSS No. 
139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139).
    Hercules filed an original noncompliance report dated October 26, 
2022, and amended the report on November 28, 2022, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports. Hercules 
petitioned NHTSA on October 27, 2022, and amended its petition on 
December 1, 2022, 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 Hercules's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
another exercise of judgment concerning the merits of the petition.
    II. Tires Involved: Approximately 5,146 Ironman iMove PT radial 
tires, size 215/55R17, manufactured between March 7, 2022, and May 16, 
2022, were reported by the manufacturer.
    III. Noncompliance: Hercules explains that the date code portion of 
the Tire Identification Number (TIN) on the subject tires inaccurately 
identifies the week of manufacture and, therefore, does not comply with 
paragraph S5.5.1(b) of FMVSS No. 139 and 49 CFR part 574.5(b)(3). 
Specifically, the TIN on the subject tires contains a date code in 
which the first symbol is ``7'' when it should be ``1.''
    IV. Rule Requirements: Paragraph S5.5.1(b) of FMVSS No. 139 and 49 
CFR 574.5(b)(3) include the requirements relevant to this petition. 
Each tire (manufactured on or after September 1, 2009) must be labeled 
with the TIN, as required by 49 CFR part 574.5(b)(3), on the intended 
outboard sidewall of the tire. The date code, consisting of four 
numerical symbols, is the final group of the TIN and must identify the 
tire's week and year of manufacture. The first and second symbols of 
the date code must identify the week of the year by using ``01'' for 
the first full calendar week in each year, ``02'' for the second full 
calendar week, and so on. The third and fourth symbols of the date code 
must identify the last two digits of the year of manufacture.
    V. Summary of Hercules's Petition: The following views and 
arguments presented in this section, ``V. Summary of Hercules's 
Petition,'' are the views and arguments provided by Hercules. They have 
not been evaluated by the Agency and do not reflect the views of the 
Agency. Hercules describes the subject noncompliance and contends that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety.
    Hercules explains that the subject tires were manufactured in 
calendar weeks 10-19 of calendar year 2022, therefore the first symbol 
of the date code portion of the TIN should be ``1.'' However, the tires 
contain a TIN in which the first symbol of the date code is ``7,'' 
indicating that the tire was manufactured in calendar weeks 70-79, 
which do not exist.
    Hercules states that other than the incorrect first digit of the 
date code, all other content within the TIN is accurate and the tires 
comply with the applicable FMVSS No. 139 performance requirements.
    Hercules believes that subject noncompliance will not cause 
consumers to be misled because the incorrect date code indicates a 
calendar week that does not exist. For example, if the date code listed 
on the subject tire is ``7322,'' it indicates that the tire was 
manufactured in calendar week 73 of the year 2022, which does not 
exist.
    According to Hercules, NHTSA has granted prior petitions in which 
the noncompliance involves mislabeled or inaccurate date codes because 
the noncompliance will not confuse or mislead the consumer. Hercules 
believes that NHTSA's main concern with TINs that are mislabeled or 
inaccurate is the potential for adverse safety consequences due to 
consumers using aged tires that are beyond the manufacturer's 
recommended service life, regardless of the condition of the tire.\1\
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    \1\ See Cooper Tire & Rubber Company, 86 FR 47726 (August 26, 
2021).
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    Hercules says that the incorrect date code ``cannot be confused 
with any other reasonably related date code that would lead a consumer 
to question the accuracy of the week of manufacture.'' Further, 
Hercules says the date code indicates the correct year that the tire 
was manufactured, thus the consumer would not be misled about the 
overall age of the tire.
    Hercules says the subject noncompliance is similar to 
noncompliances in prior petitions that were granted by NHTSA that 
involved discrepancies in the TIN.\2\ Hercules states that there is no 
risk a consumer would use the subject tire beyond the recommended 
maximum service life because the year of manufacture indicated by the 
date code is correct. In the worst-case scenario, Hercules expects that 
a consumer would contact them or their local tire distributor regarding 
the accuracy of the date code on the subject tires.
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    \2\ See Bridgestone/Firestone, Inc., Grant of Petition, 71 FR 
4396 (January 26, 2006), Bridgestone/Firestone, Inc., Grant of 
Petition, 66 FR 45076 (August 27, 2001).
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    Hercules states that in the event of a recall, it is able to 
identify the subject tires and notify consumers. Hercules contends that 
NHTSA has granted prior petitions in which the manufacturer had the 
ability to identify affected tires if a recall were to occur.\3\ 
Hercules quotes NHTSA as stating, ``The purpose of the date code is to 
identify the tire so that, if necessary, the appropriate action can be 
taken in the interest of public safety--such as, a safety recall 
notice.'' Hercules notes that NHTSA has previously granted a petition 
for a noncompliance in a which date code was not provided but the 
manufacturer was able to notify consumers using that TIN with a missing 
date code.
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    \3\ See Bridgestone/Firestone Grant of Inconsequentiality 
Petition, 64 FR 20090 (May 28, 1999); see also Cooper Tire & Rubber 
Co., Grant of Inconsequentiality Petition, 68 FR 16115 (April 2, 
2003).
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    Hercules concludes by stating its belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety 
and 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

[[Page 60688]]

defect or noncompliance. Therefore, any decision on this petition only 
applies to the subject tires that Hercules 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 Hercules 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. 2024-16484 Filed 7-25-24; 8:45 am]
BILLING CODE 4910-59-P