82_FR_18280 82 FR 18208 - Hyundai Motor America, Receipt of Petition for Decision of Inconsequential Noncompliance

82 FR 18208 - Hyundai Motor America, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 72 (April 17, 2017)

Page Range18208-18210
FR Document2017-07614

Hyundai Motor America (Hyundai), on behalf of Hyundai Motor Company, has determined that certain model year (MY) 2015 Hyundai Sonata motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Hyundai filed a noncompliance information report dated February 5, 2017. Hyundai also petitioned NHTSA on February 3, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 72 (Monday, April 17, 2017)
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18208-18210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07614]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0013; Notice 1]


Hyundai Motor America, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Hyundai Motor America (Hyundai), on behalf of Hyundai Motor 
Company, has determined that certain model year (MY) 2015 Hyundai 
Sonata motor vehicles do not fully comply with Federal Motor Vehicle 
Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and 
Associated Equipment. Hyundai filed a noncompliance information report 
dated February 5, 2017. Hyundai also petitioned NHTSA on February 3, 
2017, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is May 17, 2017.

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 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to 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 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 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.

[[Page 18209]]

    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).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Hyundai Motor America (Hyundai), has determined that 
certain model year (MY) 2015 Hyundai Sonata motor vehicles do not fully 
comply with paragraph S6.5.3.4.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated 
Equipment. Hyundai filed a noncompliance information report dated 
February 5, 2017, Defect and Noncompliance Responsibility and Reports. 
Hyundai also petitioned NHTSA on February 3, 2017, pursuant to 49 
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 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.
    This notice of receipt of Hyundai's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 3,054 MY 2015 Hyundai Sonata 
motor vehicles, manufactured between April 25, 2014, and May 16, 2014, 
are potentially involved.
    III. Noncompliance: Hyundai explains that the noncompliance is that 
the lens on the replaceable headlamp assembly in the subject vehicles 
is missing the HB bulb designation, as required by paragraph S6.5.3.4.1 
of FMVSS No. 108.
    IV. Rule Text: Paragraph S6.5.3.4.1 of FMVSS No. 108 states in 
pertinent part:

    S6.5.3.4 Replacable bulb headlamp markings.
    S6.5.3.4.1 The lens of each replaceable bulb headlamp must bear 
permanent marking in front of each replacable light source with 
which it is equipped that states either: The HB Type, if the light 
source conforms to S11 of this standard for filament light sources, 
or the bulb marking/designation provided in compliance with Section 
VIII of appendix A of 49 CFR part 564 (if the light source conforms 
to S11 of this standard for discharge light sources) . . .

    V. Summary of Hyundai's Petition: Hyundai described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, Hyundai submitted the following 
reasoning:
    (a) The noncompliance has no impact on headlamp performance: The 
mismarked headlamps are the correct headlamps for the affected vehicles 
and conform to all applicable FMVSS photometric and other requirements. 
In a recent decision involving similar facts, NHTSA granted an 
inconsequentiality petition involving a noncompliant bulb marking 
because the use of the mismarked bulb would ``not create a 
noncompliance with any of the headlamp performance requirements of 
FMVSS No. 108 or otherwise present an increased risk to motor vehicle 
safety.'' Osram Sylvania Products, Inc., grant of petition for decision 
of Inconsequential Noncompliance, 78 FR 22943, 22944 (Dep't of Trans. 
Apr. 17, 2013)
    (b) The lens is marked with an industry standard bulb type: The 
headlamp lenses in question are clearly marked ``9005'' (the ANSI 
designation), which are well-known alternative designations for the HB3 
bulb. This designation is recognized throughout the automotive 
industry, and is used by lighting manufacturers interchangeably with a 
lamp's HB type.
    (c) The risk of consumer confusion is remote: A consumer can use 
the 9005 ANSI alternative to properly identify and purchase the correct 
replacement headlamp bulb for the affected vehicles. Hyundai searched a 
number of national automotive parts stores (Autozone, O'Reilly, 
Advanced Auto Parts, and Pep Boys), and found that all HB3 replacement 
bulbs in these stores were marked with the 9005 ANSI designation. In 
fact, the packaging on the replacement bulbs was more commonly marked 
with the ANSI designation than the HB type.
    (d) NHTSA precedent supports granting this petition: NHTSA has 
previously ruled that the noncompliance at issue here (lamps marked 
with the ANSI designation rather than the HB type) is inconsequential 
to motor vehicle safety. On January 18, 2017, the Agency granted GM's 
petition for inconsequential noncompliance regarding their high-beam 
headlamp lenses on model year 2012-2015 Chevrolet Sonic passenger cars 
that were not marked with ``HB3'' (the HB bulb type), as required by 
paragraph S6.5.3.4.1 of FMVSS No. 108. NHTSA granted the petition 
stating:

    We agree with GM that the ANSI `9005' designation is a well-
known alternative designation for the HB3 light source and that the 
replacement light source packaging is commonly marked with both the 
HB type and ANSI designation. As such, we believe that consumers can 
properly identify and purchase the correct replacement upper beam 
light source for the affected vehicles.

    See General Motors, LLC, Grant of petition for Decision of 
Inconsequential Noncompliance, (NHTSA-2015-0035).
    Hyundai concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that 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 subject vehicles that Hyundai no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale,

[[Page 18210]]

or introduction or delivery for introduction into interstate commerce 
of the noncompliant vehicles under their control after Hyundai 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.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-07614 Filed 4-14-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                  18208                          Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                    Each of the 132 drivers in the                        statutory level of safety should                        Issued on: April 10, 2017.
                                                  aforementioned groups qualifies for a                   immediately notify FMCSA. The                         Larry W. Minor,
                                                  renewal of the exemption. They have                     Agency will evaluate any adverse                      Associate Administrator for Policy.
                                                  maintained their required medical                       evidence submitted and, if safety is                  [FR Doc. 2017–07672 Filed 4–14–17; 8:45 am]
                                                  monitoring and have not exhibited any                   being compromised or if continuation of               BILLING CODE 4910–EX–P
                                                  medical issues that would compromise                    the exemption would not be consistent
                                                  their ability to safely operate a CMV                   with the goals and objectives of 49
                                                  during the previous 2-year exemption                    U.S.C. 31136(e) and 31315, FMCSA will                 DEPARTMENT OF TRANSPORTATION
                                                  period.                                                 take immediate steps to revoke the
                                                    These factors provide an adequate                     exemption of a driver.                                National Highway Traffic Safety
                                                  basis for predicting each driver’s ability                                                                    Administration
                                                  to continue to drive safely in interstate               V. Submitting Comments
                                                  commerce. Therefore, FMCSA                                                                                    [Docket No. NHTSA–2017–0013; Notice 1]
                                                  concludes that extending the exemption                     You may submit your comments and
                                                                                                          material online or by fax, mail, or hand              Hyundai Motor America, Receipt of
                                                  for each of the 132 drivers for a period
                                                                                                          delivery, but please use only one of                  Petition for Decision of
                                                  of two years is likely to achieve a level
                                                                                                          these means. FMCSA recommends that                    Inconsequential Noncompliance
                                                  of safety equal to that existing without
                                                  the exemption. The drivers were                         you include your name and a mailing                   AGENCY:  National Highway Traffic
                                                  included in docket numbers FMCSA–                       address, an email address, or a phone                 Safety Administration (NHTSA),
                                                  2006–24016; FMCSA–2009–0067;                            number in the body of your document                   Department of Transportation (DOT).
                                                  FMCSA–2011–0040; FMCSA–2011–                            so that FMCSA can contact you if there
                                                                                                                                                                ACTION: Receipt of petition.
                                                  0058; FMCSA–2013–0012; FMCSA–                           are questions regarding your
                                                  2013–0014; FMCSA–2014–0315;                             submission.                                           SUMMARY:   Hyundai Motor America
                                                  FMCSA–2015–0057.                                           To submit your comment online, go to               (Hyundai), on behalf of Hyundai Motor
                                                  IV. Request for Comments                                http://www.regulations.gov and in the                 Company, has determined that certain
                                                                                                          search box insert the docket numbers                  model year (MY) 2015 Hyundai Sonata
                                                     FMCSA will review comments                                                                                 motor vehicles do not fully comply with
                                                                                                          FMCSA–2006–24016; FMCSA–2009–
                                                  received at any time concerning a                                                                             Federal Motor Vehicle Safety Standard
                                                  particular driver’s safety record and                   0067; FMCSA–2011–0040; FMCSA–
                                                                                                          2011–0058; FMCSA–2013–0012;                           (FMVSS) No. 108, Lamps, Reflective
                                                  determine if the continuation of the                                                                          Devices, and Associated Equipment.
                                                  exemption is consistent with the                        FMCSA–2013–0014; FMCSA–2014–
                                                                                                          0315; FMCSA–2015–0057 and click the                   Hyundai filed a noncompliance
                                                  requirements at 49 U.S.C. 31136(e) and                                                                        information report dated February 5,
                                                  31315. However, FMCSA requests that                     search button. When the new screen
                                                                                                          appears, click on the blue ‘‘Comment                  2017. Hyundai also petitioned NHTSA
                                                  interested parties with specific data                                                                         on February 3, 2017, for a decision that
                                                  concerning the safety records of these                  Now!’’ button on the right hand side of
                                                                                                          the page. On the new page, enter                      the subject noncompliance is
                                                  drivers submit comments by May 17,                                                                            inconsequential as it relates to motor
                                                  2017.                                                   information required including the
                                                                                                          specific section of this document to                  vehicle safety.
                                                     FMCSA believes that the
                                                  requirements for a renewal of an                        which each comment applies, and                       DATES: The closing date for comments
                                                  exemption under 49 U.S.C. 31136(e) and                  provide a reason for each suggestion or               on the petition is May 17, 2017.
                                                  31315 can be satisfied by initially                     recommendation. If you submit your                    ADDRESSES: Interested persons are
                                                  granting the renewal and then                           comments by mail or hand delivery,                    invited to submit written data, views,
                                                  requesting and evaluating, if needed,                   submit them in an unbound format, no                  and arguments on this petition.
                                                  subsequent comments submitted by                        larger than 81⁄2 by 11 inches, suitable for           Comments must refer to the docket and
                                                  interested parties. As indicated above,                 copying and electronic filing. If you                 notice number cited in the title of this
                                                  the Agency previously published                         submit comments by mail and would                     notice and submitted by any of the
                                                  notices of final disposition announcing                 like to know that they reached the                    following methods:
                                                  its decision to exempt these 132                        facility, please enclose a stamped, self-               • Mail: Send comments by mail
                                                  individuals from rule prohibiting                       addressed postcard or envelope.                       addressed to U.S. Department of
                                                  persons with ITDM from operating                                                                              Transportation, Docket Operations, M–
                                                                                                             We will consider all comments and                  30, West Building Ground Floor, Room
                                                  CMVs in interstate commerce in 49 CFR
                                                                                                          material received during the comment                  W12–140, 1200 New Jersey Avenue SE.,
                                                  391.41(b)(3). The final decision to grant
                                                                                                          period. FMCSA may issue a final                       Washington, DC 20590.
                                                  an exemption to each of these
                                                                                                          determination at any time after the close               • Hand Delivery: Deliver comments
                                                  individuals was made on the merits of
                                                                                                          of the comment period.                                by hand to U.S. Department of
                                                  each case and made only after careful
                                                  consideration of the comments received                  VI. Viewing Comments and Documents                    Transportation, Docket Operations, M–
                                                  to its notices of applications. The                                                                           30, West Building Ground Floor, Room
                                                  notices of applications stated in detail                   To view comments, as well as any                   W12–140, 1200 New Jersey Avenue SE.,
                                                  the medical condition of each applicant                 documents mentioned in this preamble,                 Washington, DC 20590. The Docket
                                                  for an exemption from rule prohibiting                  go to http://www.regulations.gov and in               Section is open on weekdays from 10
                                                  persons with ITDM from operating                        the search box insert the docket number               a.m. to 5 p.m. except Federal Holidays.
                                                  CMVs in interstate commerce. That                       FMCSA–2006–24016; FMCSA–2009–                           • Electronically: Submit comments
mstockstill on DSK30JT082PROD with NOTICES




                                                  information is available by consulting                  0067; FMCSA–2011–0040; FMCSA–                         electronically by logging onto the
                                                  the above cited Federal Register                        2011–0058; FMCSA–2013–0012;                           Federal Docket Management System
                                                  publications.                                           FMCSA–2013–0014; FMCSA–2014–                          (FDMS) Web site at https://
                                                     Interested parties or organizations                  0315; FMCSA–2015–0057 and click                       www.regulations.gov/. Follow the online
                                                  possessing information that would                       ‘‘Search.’’ Next, click ‘‘Open Docket                 instructions for submitting comments.
                                                  otherwise show that any, or all, of these               Folder’’ and you will find all documents                • Comments may also be faxed to
                                                  drivers are not currently achieving the                 and comments related to this notice.                  (202) 493–2251.


                                             VerDate Sep<11>2014   17:14 Apr 14, 2017   Jkt 241001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1


                                                                                 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                              18209

                                                     Comments must be written in the                      30118 and 30120 and does not represent                and purchase the correct replacement
                                                  English language, and be no greater than                any agency decision or other exercise of              headlamp bulb for the affected vehicles.
                                                  15 pages in length, although there is no                judgment concerning the merits of the                 Hyundai searched a number of national
                                                  limit to the length of necessary                        petition.                                             automotive parts stores (Autozone,
                                                  attachments to the comments. If                           II. Vehicles Involved: Approximately                O’Reilly, Advanced Auto Parts, and Pep
                                                  comments are submitted in hard copy                     3,054 MY 2015 Hyundai Sonata motor                    Boys), and found that all HB3
                                                  form, please ensure that two copies are                 vehicles, manufactured between April                  replacement bulbs in these stores were
                                                  provided. If you wish to receive                        25, 2014, and May 16, 2014, are                       marked with the 9005 ANSI
                                                  confirmation that comments you have                     potentially involved.                                 designation. In fact, the packaging on
                                                  submitted by mail were received, please                   III. Noncompliance: Hyundai explains                the replacement bulbs was more
                                                  enclose a stamped, self-addressed                       that the noncompliance is that the lens               commonly marked with the ANSI
                                                  postcard with the comments. Note that                   on the replaceable headlamp assembly                  designation than the HB type.
                                                  all comments received will be posted                    in the subject vehicles is missing the HB               (d) NHTSA precedent supports
                                                  without change to https://                              bulb designation, as required by                      granting this petition: NHTSA has
                                                  www.regulations.gov, including any                      paragraph S6.5.3.4.1 of FMVSS No. 108.                previously ruled that the
                                                  personal information provided.                            IV. Rule Text: Paragraph S6.5.3.4.1 of              noncompliance at issue here (lamps
                                                     All comments and supporting                          FMVSS No. 108 states in pertinent part:               marked with the ANSI designation
                                                  materials received before the close of                    S6.5.3.4 Replacable bulb headlamp
                                                                                                                                                                rather than the HB type) is
                                                  business on the closing date indicated                  markings.                                             inconsequential to motor vehicle safety.
                                                  above will be filed in the docket and                     S6.5.3.4.1 The lens of each replaceable             On January 18, 2017, the Agency
                                                  will be considered. All comments and                    bulb headlamp must bear permanent marking             granted GM’s petition for
                                                  supporting materials received after the                 in front of each replacable light source with         inconsequential noncompliance
                                                  closing date will also be filed and will                which it is equipped that states either: The          regarding their high-beam headlamp
                                                                                                          HB Type, if the light source conforms to S11          lenses on model year 2012–2015
                                                  be considered to the fullest extent
                                                                                                          of this standard for filament light sources, or       Chevrolet Sonic passenger cars that
                                                  possible.                                               the bulb marking/designation provided in
                                                     When the petition is granted or                                                                            were not marked with ‘‘HB3’’ (the HB
                                                                                                          compliance with Section VIII of appendix A
                                                  denied, notice of the decision will also                                                                      bulb type), as required by paragraph
                                                                                                          of 49 CFR part 564 (if the light source
                                                  be published in the Federal Register                    conforms to S11 of this standard for                  S6.5.3.4.1 of FMVSS No. 108. NHTSA
                                                  pursuant to the authority indicated at                  discharge light sources) . . .                        granted the petition stating:
                                                  the end of this notice.                                    V. Summary of Hyundai’s Petition:                     We agree with GM that the ANSI ‘9005’
                                                     All comments, background                                                                                   designation is a well-known alternative
                                                                                                          Hyundai described the subject                         designation for the HB3 light source and that
                                                  documentation, and supporting                           noncompliance and stated its belief that
                                                  materials submitted to the docket may                                                                         the replacement light source packaging is
                                                                                                          the noncompliance is inconsequential                  commonly marked with both the HB type
                                                  be viewed by anyone at the address and                  as it relates to motor vehicle safety.                and ANSI designation. As such, we believe
                                                  times given above. The documents may                       In support of its petition, Hyundai                that consumers can properly identify and
                                                  also be viewed on the Internet at https://              submitted the following reasoning:                    purchase the correct replacement upper beam
                                                  www.regulations.gov by following the                       (a) The noncompliance has no impact                light source for the affected vehicles.
                                                  online instructions for accessing the                   on headlamp performance: The                             See General Motors, LLC, Grant of
                                                  dockets. The docket ID number for this                  mismarked headlamps are the correct                   petition for Decision of Inconsequential
                                                  petition is shown in the heading of this                headlamps for the affected vehicles and               Noncompliance, (NHTSA–2015–0035).
                                                  notice.                                                 conform to all applicable FMVSS                          Hyundai concluded by expressing the
                                                     DOT’s complete Privacy Act                           photometric and other requirements. In                belief that the subject noncompliance is
                                                  Statement is available for review in a                  a recent decision involving similar facts,            inconsequential as it relates to motor
                                                  Federal Register notice published on                    NHTSA granted an inconsequentiality                   vehicle safety, and that its petition to be
                                                  April 11, 2000, (65 FR 19477–78).                       petition involving a noncompliant bulb                exempted from providing notification of
                                                  SUPPLEMENTARY INFORMATION:                              marking because the use of the                        the noncompliance, as required by 49
                                                     I. Overview: Hyundai Motor America                   mismarked bulb would ‘‘not create a                   U.S.C. 30118, and a remedy for the
                                                  (Hyundai), has determined that certain                  noncompliance with any of the                         noncompliance, as required by 49
                                                  model year (MY) 2015 Hyundai Sonata                     headlamp performance requirements of                  U.S.C. 30120, should be granted.
                                                  motor vehicles do not fully comply with                 FMVSS No. 108 or otherwise present an                    NHTSA notes that the statutory
                                                  paragraph S6.5.3.4.1 of Federal Motor                   increased risk to motor vehicle safety.’’             provisions (49 U.S.C. 30118(d) and
                                                  Vehicle Safety Standard (FMVSS) No.                     Osram Sylvania Products, Inc., grant of               30120(h)) that permit manufacturers to
                                                  108, Lamps, Reflective Devices, and                     petition for decision of Inconsequential              file petitions for a determination of
                                                  Associated Equipment. Hyundai filed a                   Noncompliance, 78 FR 22943, 22944                     inconsequentiality allow NHTSA to
                                                  noncompliance information report                        (Dep’t of Trans. Apr. 17, 2013)                       exempt manufacturers only from the
                                                  dated February 5, 2017, Defect and                         (b) The lens is marked with an                     duties found in sections 30118 and
                                                  Noncompliance Responsibility and                        industry standard bulb type: The                      30120, respectively, to notify owners,
                                                  Reports. Hyundai also petitioned                        headlamp lenses in question are clearly               purchasers, and dealers of a defect or
                                                  NHTSA on February 3, 2017, pursuant                     marked ‘‘9005’’ (the ANSI designation),               noncompliance and to remedy the
                                                  to 49 U.S.C. 30118(d) and 30120(h) and                  which are well-known alternative                      defect or noncompliance. Therefore, any
                                                  49 CFR part 556, for an exemption from                  designations for the HB3 bulb. This                   decision on this petition only applies to
mstockstill on DSK30JT082PROD with NOTICES




                                                  the notification and remedy                             designation is recognized throughout                  the subject vehicles that Hyundai no
                                                  requirements of 49 U.S.C. Chapter 301                   the automotive industry, and is used by               longer controlled at the time it
                                                  on the basis that this noncompliance is                 lighting manufacturers interchangeably                determined that the noncompliance
                                                  inconsequential as it relates to motor                  with a lamp’s HB type.                                existed. However, any decision on this
                                                  vehicle safety.                                            (c) The risk of consumer confusion is              petition does not relieve vehicle
                                                     This notice of receipt of Hyundai’s                  remote: A consumer can use the 9005                   distributors and dealers of the
                                                  petition is published under 49 U.S.C.                   ANSI alternative to properly identify                 prohibitions on the sale, offer for sale,


                                             VerDate Sep<11>2014   17:14 Apr 14, 2017   Jkt 241001   PO 00000   Frm 00111   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1


                                                  18210                          Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                  or introduction or delivery for                         30120(h) and their implementing                       is not a safety concern and also has no
                                                  introduction into interstate commerce of                regulations at 49 CFR part 556, for an                impact on the retreading and recycling
                                                  the noncompliant vehicles under their                   exemption from the notification and                   industries. The affected tire mold has
                                                  control after Hyundai notified them that                remedy requirements of 49 U.S.C.                      already been corrected and all future
                                                  the subject noncompliance existed.                      Chapter 301 on the basis that this                    production will have the correct number
                                                    Authority: 49 U.S.C. 30118, 30120:                    noncompliance is inconsequential as it                of plies shown on both sidewalls.
                                                  delegations of authority at 49 CFR 1.95 and             relates to motor vehicle safety.                         Goodyear noted that NHTSA has
                                                  501.8.                                                     Notice of receipt of the petition was              previously granted petitions for the
                                                                                                          published, with a 30-day public                       same noncompliance related to tire
                                                  Jeffrey M. Giuseppe,                                                                                          construction information on tires
                                                                                                          comment period, on November 14, 2016
                                                  Director, Office of Vehicle Safety Compliance.          in the Federal Register (81 FR 79557).                because of surveys that show most
                                                  [FR Doc. 2017–07614 Filed 4–14–17; 8:45 am]             No comments were received. To view                    consumers do not base purchases on tire
                                                  BILLING CODE 4910–59–P                                  the petition and all supporting                       construction information found on the
                                                                                                          documents log onto the Federal Docket                 tire sidewall.
                                                                                                          Management System (FDMS) Web site                        Goodyear concluded by expressing
                                                  DEPARTMENT OF TRANSPORTATION                            at: http://www.regulations.gov/. Then                 the belief that the subject
                                                                                                          follow the online search instructions to              noncompliance is inconsequential as it
                                                  National Highway Traffic Safety                                                                               relates to motor vehicle safety, and that
                                                  Administration                                          locate docket number ‘‘NHTSA–2016–
                                                                                                          0107.’’                                               its petition to be exempted from
                                                  [Docket No. NHTSA–2016–0107; Notice 2]                     II. Tires Involved: Affected are                   providing notification of the
                                                                                                          approximately 381 Goodyear G182 RSD                   noncompliance, as required by 49
                                                  The Goodyear Tire & Rubber                              size 11R22.5 LR G commercial truck                    U.S.C. 30118, and a remedy for the
                                                  Company, Grant of Petition for                          tires manufactured between July 3,                    noncompliance, as required by 49
                                                  Decision of Inconsequential                             2016, and August 20, 2016.                            U.S.C. 30120, should be granted.
                                                  Noncompliance                                              III. Noncompliance: Goodyear                          NHTSA’s Decision:
                                                                                                          explains that because the sidewall                       NHTSA’s Analysis: The agency agrees
                                                  AGENCY: National Highway Traffic                                                                              with Goodyear that the noncompliance
                                                  Safety Administration (NHTSA),                          markings on the reference side of the
                                                                                                          subject tires incorrectly identify the                is inconsequential to motor vehicle
                                                  Department of Transportation (DOT).                                                                           safety. The agency believes that one
                                                                                                          number of plies as ‘‘TREAD 4 PLIES
                                                  ACTION: Grant of petition.                                                                                    measure of inconsequentiality to motor
                                                                                                          STEEL CORD’’ instead of the correct
                                                  SUMMARY:   The Goodyear Tire & Rubber                   labeling ‘‘TREAD 5 PLIES STEEL                        vehicle safety is that there is no effect
                                                  Company (Goodyear), has determined                      CORD,’’ the tires do not meet the                     of the noncompliance on the operational
                                                  that certain Goodyear tires do not fully                requirements of paragraph S6.5(f) of                  safety of vehicles on which these tires
                                                                                                          FMVSS No. 119.                                        are mounted. Another measure of
                                                  comply with Federal Motor Vehicle
                                                                                                             IV. Rule Text: Paragraph S6.5(f) of                inconsequentiality which is relevant to
                                                  Safety Standard (FMVSS) No. 119, New
                                                                                                          FMVSS No. 119 provides, in pertinent                  this petition is the safety of people
                                                  pneumatic tires for motor vehicles with
                                                                                                          part:                                                 working in the tire retread, repair and
                                                  a GVWR of more than 4,536 kilograms
                                                                                                                                                                recycling industries.
                                                  (10,000 pounds) and motorcycles.                          S6.5 Tire markings. Except as specified in             Although tire construction affects the
                                                  Goodyear filed a noncompliance report                   this paragraph, each tire shall be marked on
                                                                                                                                                                strength and durability of tires, neither
                                                  dated September 27, 2016. Goodyear                      each sidewall with the information specified
                                                                                                          in paragraphs (a) through (j) of this                 the agency nor the tire industry
                                                  then petitioned NHTSA on September                                                                            provides information relating tire
                                                  27, 2016, for a decision that the subject               section . . .
                                                                                                            (f) The actual number of plies and the              strength and durability to the number of
                                                  noncompliance is inconsequential as it                  composition of the ply cord material in the           plies and types of ply cord material in
                                                  relates to motor vehicle safety.                        sidewall and, if different, in the tread              the tread sidewall. Therefore, tire
                                                  ADDRESSES: For further information on                   area; . . .                                           dealers and customers should consider
                                                  this decision contact Abraham Diaz,                        V. Summary of Goodyear’s Petition:                 the tire construction information along
                                                  Office of Vehicle Safety Compliance, the                Goodyear described the subject                        with other information such as the load
                                                  National Highway Traffic Safety                         noncompliance and stated its belief that              capacity, maximum inflation pressure,
                                                  Administration (NHTSA), telephone                       the noncompliance is inconsequential                  and tread wear, temperature, and
                                                  (202) 366–5310, facsimile (202) 366–                    as it relates to motor vehicle safety.                traction ratings, to assess performance
                                                  5930.                                                      In support of its petition, Goodyear               capabilities of various tires. In the
                                                  SUPPLEMENTARY INFORMATION:                              submitted the following:                              agency’s judgement, the incorrect
                                                    I. Overview: The Goodyear Tire &                         Goodyear believes this                             labeling of the tire construction
                                                  Rubber Company (Goodyear), has                          noncompliance is inconsequential to                   information will have an
                                                  determined that certain Goodyear tires                  motor vehicle safety because these tires              inconsequential effect on motor vehicle
                                                  do not fully comply with paragraph                      were manufactured as designed and                     safety because most consumers do not
                                                  S6.5(f) of Federal Motor Vehicle Safety                 meet or exceed all applicable Federal                 base tire purchases or vehicle operation
                                                  Standard (FMVSS) No. 119, New                           Motor Vehicles Safety performance                     parameters on the number of plies in a
                                                  pneumatic tires for motor vehicles with                 standards. All of the sidewall markings               tire.
                                                  a GVWR of more than 4,536 kilograms                     related to tire service (load capacity,                  The agency also believes the
                                                  (10,000 pounds) and motorcycles.                        corresponding inflation pressure, etc.)               noncompliance will have no
mstockstill on DSK30JT082PROD with NOTICES




                                                  Goodyear filed a noncompliance report                   are correct. Even though the tires were               measureable effect on the safety of the
                                                  dated September 27, 2016, pursuant to                   labeled incorrectly as ‘‘TREAD 4 PLIES                tire retread, repair, and recycling
                                                  49 CFR part 573, Defect and                             STEEL CORD’’ on one side of the tires,                industries. The use of steel cord
                                                  Noncompliance Responsibility and                        the tires were manufactured with                      construction in the sidewall and tread is
                                                  Reports. Goodyear then petitioned                       ‘‘TREAD 5 PLIES STEEL CORD’’, which                   the primary safety concern of these
                                                  NHTSA on September 27, 2016,                            is correctly marked on the opposite tire              industries. In this case, because of the
                                                  pursuant to 49 U.S.C. 30118(d) and                      sidewall. The mislabeling of these tires              sidewall marking indicate that some


                                             VerDate Sep<11>2014   17:14 Apr 14, 2017   Jkt 241001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1



Document Created: 2018-08-25 11:27:12
Document Modified: 2018-08-25 11:27:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is May 17, 2017.
FR Citation82 FR 18208 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR