Notice2023-08734
Hercules Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
April 26, 2023
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Hercules Tire & Rubber Company, (Hercules), has determined that certain Hercules Power ST2 radial trailer tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Hercules filed an original noncompliance report dated October 5, 2022. Hercules subsequently petitioned NHTSA on October 21, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Hercules' petition.
Full Text
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<title>Federal Register, Volume 88 Issue 80 (Wednesday, April 26, 2023)</title>
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[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25453-25454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08734]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0102; 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 Hercules Power ST2 radial trailer tires do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536
kilograms (10,000 pounds). Hercules filed an original noncompliance
report dated October 5, 2022. Hercules subsequently petitioned NHTSA on
October 21, 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 May 26, 2023.
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:
<bullet> 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.
<bullet> 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.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview: Hercules determined that certain Hercules Power ST2
radial trailer tires do not fully comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles
with a GVWR of more than 4,536 kilograms (10,000 pounds). Hercules
filed an original noncompliance report dated October 5, 2022, pursuant
to FMVSS 119, S6.5(b), New pneumatic tires for motor vehicles with a
GVWR of more than 4,536 kilograms (10,000 pounds) (49 CFR 571.119).
Hercules petitioned NHTSA on October 21, 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' 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 700 Hercules Power ST2 radial
trailer tires, size ST175/80R13, manufactured between October 4, 2021,
and October 10, 2021, were reported by the manufacturer.
III. Noncompliance: Hercules explains that the noncompliance is
that the date code portion of the Tire Identification Number (TIN) on
the subject tires was inverted, and, therefore, do not comply with the
requirements specified in paragraph S6.5(b) of FMVSS No. 119.
IV. Rule Requirements: Paragraph S6.5(b) of FMVSS No. 119 includes
the requirements relevant to these petitions. S6.5(b) provides that the
TIN must meet the requirements as stated in 49 CFR 574 and may be
marked on only one sidewall. 49 CFR 574.5(a) requires, in relevant
part, that each new tire
[[Page 25454]]
manufacturer must conspicuously label on one sidewall of each tire it
manufactures, by permanently molding into or onto the sidewall, a TIN
consisting of 13 symbols that contains the plant code, manufacturer's
code, and date code, as described in paragraphs (b)(1) through (b)(3)
of 49 CFR 574.5.
V. Summary of Hercules's Petition: The following views and
arguments presented in this section, ``V. Summary of Hercules
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 states that although the date code is inverted, the
subject tires are clearly marked and contain the correct date code that
specifies the correct week and year of manufacture. Hercules says that
consumers can easily read the date code and if needed rotate the tire
so that the date code ``appears perceptually upright.''
Hercules also states that the TIN on the subject tires complies
with the TIN marking requirements and ``otherwise conform to the
performance requirements applicable to trailer tires.''
Hercules says that NHTSA has granted previous inconsequential
noncompliance petitions relating to inverted date codes and cited the
following:
1. Grant of Petition of Hankook Tire, 87 FR 6941, (February 7,
2022).
2. Grant of Petition of Hankook Tire, 86 FR 49411, (September 2,
2021). [the date code] is properly located in the right-most position
and shows the correct week and year of manufacture but has been
imprinted upside-down, and the upside-down font cannot be confused with
right-side up font. If a consumer reads the label as it is, the fact
that the date code is inverted would become self-evident. In such a
case, it would not be difficult to rotate the tire to a position where
the code could be read and deciphered.''
3. Grant of Petition of Cooper Tire & Rubber Company, 81 FR 43708,
(July 5, 2016).
Hercules contends that the TIN is located in the ``right-most''
position and is clearly printed on the subject tires, similar to the
previous petitions that NHTSA has granted. Hercules says that the
subject noncompliance does not prohibit them from tracking the tire or
notifying consumers in the event of a recall.
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 defect or noncompliance. Therefore, any decision on
this petition only applies to the tires that Hercules no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve commodity
distributors 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. 2023-08734 Filed 4-25-23; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on April 26, 2023.
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