[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25453-25454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
     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 
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) 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


