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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices subjects any other crewmember responsible to individual liability proceedings, including disqualification and/or civil penalties. See 49 CFR
240.117e5, 240.305a5, and 242.403b and e5.
2 Immediately conduct a complete audit of the PTC onboard design of all locomotives and cab cars equipped with PTC to determine how the onboard PTC
equipment is integrated into each railroads locomotive and cab cars braking system, to ascertain what percentage of the locomotive and cab car fleet is subject to the interface design issue described above;
3 Within ten 10 days of the publication of this Safety Advisory, provide FRA, via the SIR site, with a report of the number and type of locomotives and cab cars that have this interface design issue;
4 Upon completion of item 2
above, determine the mitigating measures and/or corrective actions necessary to address the safety risk presented by the design issue, and provide FRA, via the SIR site, with a report documenting the planned measures and/or actions, including a schedule for completion; and 5 Immediately commence implementation of the planned measures and/or actions to address the safety risk presented by the design issue per the documented schedule, and provide FRA, via the SIR site, confirmation of completion.
Issued in Washington, DC.
John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer.
FR Doc. 202118997 Filed 9121; 8:45 am BILLING CODE 491006P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Docket No. NHTSA20190132; Notice 2

Hankook Tire America Corporation, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration NHTSA, Department of Transportation DOT.
ACTION: Grant of petition.
AGENCY:

Hankook Tire America Corporation Hankook has determined that certain Hankook Ventus V2
Concept 2 tires manufactured by Hankooks indirect subsidiary, Hankook Tire Manufacturing Tennessee, LP, do not fully comply with Federal Motor Vehicle Safety Standard FMVSS No.

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SUMMARY:

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139, New Pneumatic Radial Tires for Light Vehicles. Hankook filed a noncompliance report dated November 19, 2019, and subsequently petitioned NHTSA on December 5, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces and explains the grant of Hankooks petition.
FOR FURTHER INFORMATION CONTACT:

Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration NHTSA, telephone 202 3665310, facsimile 202 3663081.
SUPPLEMENTARY INFORMATION:
I. Overview: Hankook has determined that certain Hankook Ventus V2
Concept 2 tires, do not fully comply with paragraph S5.5.1b of FMVSS No.
139, New Pneumatic Radial Tires for Light Vehicles 49 CFR 571.139.
Hankook filed a noncompliance report dated November 19, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on December 5, 2019, 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. 30118d and 30120h and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance.
Notice of receipt of Hankooks petition was published with a 30-day public comment period, on April 17, 2020, in the Federal Register 85 FR
21504. No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System FDMS website at https www.regulations.gov/, and then follow the online search instructions to locate docket number NHTSA2019
0132.
II. Tires Involved: Approximately 467
Hankook Ventus V2 Concept 2 tires, size 235/45R17V XL H457, manufactured between October 7, 2019, and October 12, 2019, are potentially involved.
III. Noncompliance: Hankook explains that the noncompliance is due to a mold error in which the subject tires, were marked with the date-code in the Tire Identification Number TIN
inverted and; therefore, they do not meet the requirements of paragraph S5.5.1b of FMVSS No. 139.
Specifically, the date code was printed upside down.
IV. Rule Requirements: Paragraph S5.5.1b of FMVSS No. 139 includes the requirements relevant to the
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petition. Each tire must be labeled with the TIN required by 49 CFR part 574.5
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 TIN required by 49 CFR part 574.5
on one sidewall and with either the TIN
or a partial TIN, containing all characters in the TIN except for the date code and, at the discretion of the manufacturer, any optional code, on the other sidewall. Each tire must be marked on each sidewall with the TIN
required by 49 CFR part 574.5 as listed in the documents and publications specified in paragraph b TIN content requirement.
V. Summary of Hankooks Petition:
Hankook describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Hankook offers the following reasoning:
1. The purpose of the labeling requirements in Part 574 is to facilitate notification to purchasers of defective or nonconforming tires. See Part 574.2.
The date code portion of the TIN is required so that purchasers can identify the week and year of the tires manufacture in the event the tire is subject to a safety recall.
2. The date-code characters reflect the correct week and year of the tires manufacture, but the date code is technically out of compliance because the characters are inverted. Despite the inversion, the date code meets the character height requirements of Part 574 and is readily identifiable, permitting tire owners to easily determine the week and year of manufacture.
3. NHTSA has previously granted a petition for inconsequential noncompliance for a similar issue. In granting a petition from Cooper Tire &
Rubber Company, 81 FR 43708 July 5, 2016, the Agency explained:
The Agency believes that in the case of a tire labeling noncompliance, one measure of its inconsequentiality to motor vehicle safety is whether the mislabeling would affect the manufacturers or consumers ability to identify the mislabeled tires properly, should the tires be recalled for performance-related noncompliance. In this case, the nature of the labeling error does not prevent the correct identification of the affected tires. 49
CFR 574.5 requires the date code portion of the tire identification number to be placed in the last or correct position. In Coopers case, it is in the right-most position, however, the manufacture date code is upside down.

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