Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106739 

1NHTSA requested that Michelin provide 

compliance test data for the subject tires while 

processing this request. Michelin provided this data 

but requested confidential treatment under 49 CFR 

part 512. This is reflected in a memo placed in the 

docket. 

2See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

3See Morgan 3 Wheeler Limited; Denial of 

Petition for Decision of Inconsequential 

Noncompliance, 81 FR 21663, 21666 (Apr. 12, 

2016); see also United States v. Gen. Motors Corp., 

565 F.2d 754, 759 (D.C. Cir. 1977) (finding defect 

poses an unreasonable risk when it ‘‘results in 

hazards as potentially dangerous as sudden engine 

fire, and where there is no dispute that at least some 

such hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

noncompliance, as required by 49 

U.S.C. 30120, should be granted.1

VII. NHTSA’s Analysis: In 

determining inconsequentiality of a 

noncompliance, NHTSA focuses on the 

safety risk to individuals who 

experience the type of event against 

which a recall would otherwise 

protect.2 In general, NHTSA does not 

consider the absence of complaints or 

injuries when determining if a 

noncompliance is inconsequential to 

safety. The absence of complaints does 

not mean vehicle occupants have not 

experienced a safety issue, nor does it 

mean that there will not be safety issues 

in the future.3 Further, because each 

inconsequential noncompliance petition 

must be evaluated on its own facts and 

determinations are highly factdependent, NHTSA does not consider 

prior determinations as binding 

precedent. Petitioners are reminded that 

they have the burden of persuading 

NHTSA that the noncompliance is 

inconsequential to safety. 

NHTSA has evaluated the merits of 

the petition submitted by MNA and is 

granting MNA’s request for relief from 

notification and remedy based on the 

following: 

1. Based on its review of the 

information MNA submitted, NHTSA 

has no basis to believe that tires do not 

meet the performance and labeling 

requirements of FMVSS 139, with the 

exception of the inverted plant code. 

2. NHTSA believes that manufacturers 

and consumers will be able to identify 

the affected tires in the event of a recall 

for the following reasons: 

a. The oval surrounding the plant 

code portion of the TIN visually groups 

the 3 characters from the rest of the TIN. 

This helps the reader to understand that 

the mold plate for the plant code 

portion of the TIN was put in place 

inverted. 

b. The font style is such that it is 

evident that the characters are inverted, 

however the inverted plant code could 

possibly be read as ‘‘EWI,’’ ‘‘EWL,’’ or 

‘‘EW1.’’ None of these are currently 

assigned to an active tire plant 

registered with NHTSA, and EWI in 

particular would not be assigned 

because ‘‘I’’ is not a permitted symbol. 

c. The inboard sidewall of the tire has 

the plant code molded in the correct 

orientation. 

3. NHTSA believes that the 

manufacturer has taken sufficient steps 

to ensure that the affected tires are 

included in any future recalls by: 

a. Ensuring that the affected tires may 

be registered with either the correct TIN 

or any of the possible interpretations of 

the inverted characters. 

b. Ensuring that any future safetyrelated recalls for the affected tires will 

include TIN numbers with all the 

possible interpretations of the inverted 

characters. 

c. Coordinating with customer care 

representatives to handle inquiries 

related to the inverted plant code 

characters. 

VII. NHTSA’s Decision: In 

consideration of the foregoing, NHTSA 

finds that MNA has met its burden of 

persuasion that the subject FMVSS No. 

139 noncompliance in the affected tires 

is inconsequential to motor vehicle 

safety. Accordingly, MNA’s petition is 

hereby granted, and MNA is 

consequently exempted from the 

obligation of providing notification of, 

and a free remedy for, that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

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, this 

decision only applies to the subject tires 

that MNA no longer controlled at the 

time it determined that the 

noncompliance existed. However, the 

granting of 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 MNA 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) 

Eileen Sullivan, 

Associate Administrator for Enforcement. 

[FR Doc. 2024–30950 Filed 12–27–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0096; Notice 3] 

Hercules Tire & Rubber Company, 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

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), Specialty Tires, and Tires for 

Motorcycles. Hercules filed an original 

noncompliance report dated December 

9, 2021, and amended the report on 

December 14, 2021, and March 9, 2022. 

Hercules petitioned NHTSA on 

December 16, 2021, and amended the 

petition on March 9, 2022, for a decision 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This document 

announces the grant of Hercules’s 

petition. 

FOR FURTHER INFORMATION CONTACT: 

Jayton Lindley, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (325) 655–0547. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Hercules determined that 

certain Hercules Power ST2 radial 

trailer tires do not fully comply with the 

requirements of paragraph S6.5(b) of 

FMVSS No. 119, New Pneumatic Tires 

for Motor Vehicles with a GVWR of 

More Than 4,536 Kilograms (10,000 

Pounds), Specialty Tires, and Tires for 

Motorcycles (49 CFR 571.119). 

Hercules filed an original 

noncompliance report dated December 

9, 2021, and amended the report on 

December 14, 2021, and March 9, 2022, 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Hercules petitioned NHTSA on 

December 16, 2021, and amended its 

petition on March 9, 2022, for an 


ddrumheller on DSK120RN23PROD with NOTICES1
106740 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

1See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

2See Morgan 3 Wheeler Limited; Denial of 

Petition for Decision of Inconsequential 

Noncompliance, 81 FR 21663, 21666 (Apr. 12, 

2016); see also United States v. Gen. Motors Corp., 

565 F.2d 754, 759 (D.C. Cir. 1977) (finding defect 

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. 

Notice of receipt of Hercules’s 

petition was published with a 30-day 

public comment period, on August 10, 

2022, in the Federal Register (87 FR 

48760). A correction to the notice of 

receipt of Hercules’s petition was 

published on December 30, 2022, in the 

Federal Register (87 FR 80257) and 

extended the public comment period. 

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/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2021– 

0096.’’ 

II. Tires Involved: Approximately 67 

Hercules Power ST2 size ST205/75R15 

radial trailer tires, manufactured 

between November 23, 2020, and 

November 29, 2020, were reported by 

the manufacturer. 

III. Noncompliance: Hercules explains 

that the noncompliance is due to a mold 

error in which the subject tires contain 

a tire identification number (TIN) with 

the second and third numerical symbols 

in the date code transposed and 

therefore, do not meet the requirements 

of paragraph S6.5(b) of FMVSS No. 119. 

Specifically, the TIN on the subject tires 

incorrectly states the date code as 

‘‘4280,’’ when it should state ‘‘4820.’’ 

IV. Rule Requirements: Paragraph 

S6.5(b) of FMVSS No. 119 and part 

574.5(b)(3) include the requirements 

relevant to this petition. FMVSS No. 119 

states the TIN must meet the 

requirements set forth in part 574. Part 

574.5(b)(3), states that the date code 

portion of the TIN must identify the 

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 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 

noncompliance does not result in an 

increased risk to safety because the 

incorrect date code (‘‘4280’’) indicates 

that the subject tires were manufactured 

in the 42nd week of either 1980 or 2080. 

According to Hercules, ‘‘[t]he only years 

that a year code of 80 could potentially 

relate to are 1980, over 40 years ago, or 

2080, which is so far into the future to 

be implausible.’’ Hercules claims the 

subject noncompliance would not cause 

a consumer to use the tire beyond its 

recommended maximum service life 

because a ‘‘consumer would not simply 

assume that the year code listed on the 

tire is in fact the correct date and be 

misled.’’ Hercules says that if a 

consumer did follow the date code 

listed on the subject tires, ‘‘the guidance 

provided on NHTSA’s website,’’ informs 

consumers that ‘‘tires should be 

replaced within six to 10 years 

regardless of treadwear.’’ In addition, 

because the year the date code indicates 

is implausible if a dealer were to store 

the subject tires for multiple years 

before selling them, Hercules believes 

‘‘there is no risk of misleading the 

consumer about the age of the tire.’’ 

Hercules says that while the second 

and third symbols in the date code were 

transposed in the TIN, ‘‘all other content 

within the TIN is accurate and the tires 

otherwise conform to the performance 

requirements applicable to specialty 

trailer tires.’’ Hercules states that the 

subject noncompliance ‘‘affects only the 

single week of tire production and the 

condition has been corrected in 

production.’’ 

Hercules states that granting its 

petition would be consistent with 

similar decisions that NHTSA has 

previously granted for 

inconsequentiality. Hercules cited the 

following prior petitions that NHTSA 

has granted, and that Hercules believes 

support the granting of its petition: 

• Bridgestone Firestone North 

America Tire, LLC, Grant of Petition for 

Decision of Inconsequential 

Noncompliance, 71 FR 4396 (January 

26, 2006); 

• Bridgestone/Firestone, Inc., Grant of 

Application for Decision That 

Noncompliance Is Inconsequential to 

Motor Vehicle Safety, 66 FR 45076 

(August 27, 2001). 

Hercules believes that NHTSA’s 

primary concern related to mislabeled 

or inaccurate TINs is the potential for 

adverse safety consequences due to 

consumers using aged tires that are 

beyond the manufacturer’s 

recommended service life and 

regardless of the service condition of the 

tire. See Cooper Tire & Rubber 

Company, 86 FR 47726 (August 26, 

2021). 

In the event of a recall, Hercules says 

that it has taken steps to ensure that it 

would be able to identify the subject 

tires and notify consumers successfully. 

Hercules says they have ensured that 

consumers will be able to register the 

tires with the noncompliant TIN (date 

code ‘‘4280’’) and that their database 

will identify the tire ‘‘as having been 

produced in calendar week 48, calendar 

year 2020’’ (correct date code ‘‘4820’’). 

If a recall were necessary, Hercules says 

it would be able to contact consumers 

whose tires were registered and would 

include the TIN ‘‘as it is listed on the 

tire sidewall so that consumers could 

check the recall notification against the 

tire sidewall for verification purposes.’’ 

Hercules believes that this further 

supports the granting of its petition 

because it says NHTSA has stated in 

prior grants of inconsequentiality 

petitions that the purpose of a 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 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. 

VI. NHTSA’s Analysis: In determining 

inconsequentiality of a noncompliance, 

NHTSA focuses on the safety risk to 

individuals who experience the type of 

event against which a recall would 

otherwise protect.1 In general, NHTSA 

does not consider the absence of 

complaints or injuries when 

determining if a noncompliance is 

inconsequential to safety. The absence 

of complaints does not mean vehicle 

occupants have not experienced a safety 

issue, nor does it mean that there will 

not be safety issues in the future.2


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106741 

poses an unreasonable risk when it ‘‘results in 

hazards as potentially dangerous as sudden engine 

fire, and where there is no dispute that at least some 

such hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

Further, because each inconsequential 

noncompliance petition must be 

evaluated on its own facts and 

determinations are highly factdependent, NHTSA does not consider 

prior determinations as binding 

precedent. Petitioners are reminded that 

they have the burden of persuading 

NHTSA that the noncompliance is 

inconsequential to safety. 

In response to the petitioner’s 

statement that subject tires that have 

remained in dealer inventory for an 

extended period would not lead to 

confusion on the part of a consumer, 

NHTSA notes that noncompliant tires 

may not be offered for sale, sold, or 

introduced into interstate commerce. 

Thus, entities should be aware that 

selling noncompliant tires could result 

in civil penalties, regardless if the 

petition is granted or denied. 

NHTSA has evaluated the merits of 

the petition submitted by Hercules and 

is granting Hercules’ request for relief 

from notification and remedy based on 

the following: 

1. Based on its review of the 

information Hercules submitted, 

NHTSA has no basis for to believe that 

the tires do not meet the performance 

and labeling requirements of FMVSS 

No. 119, except for the incorrect date 

code. 

2. While NHTSA recognizes that TIN 

labeling errors might prevent consumers 

from successfully registering their tires 

and this would impact safety, in the 

subject petition the noncompliance 

would not prevent tire registration. One 

purpose of the TIN is to provide a 

means of identifying tires, and while the 

date code portion of the TIN is useful 

to identifying tires, it also provides 

information to consumers about the age 

of their tires which could be safety 

related. In this specific instance, where 

the numbers two and eight were 

interchanged in the date code, the 

agency believes that consumers will 

recognize that the code is an error. It is 

unlikely that a reasonable person will 

believe that the tires were manufactured 

in 1980. Therefore, NHTSA does not 

believe the incorrect date code will 

cause consumers to use the tire beyond 

its recommended service life, but rather 

recognize that there is an error in the 

date code portion of the TIN. 

3. NHTSA believes that the 

manufacturer has taken sufficient steps 

to ensure that the affected tires are 

included in future recalls by: 

a. Verifying that the tires having the 

incorrect date code may be registered 

using their tire registration system. 

b. Ensuring that their registration 

database will correctly identify the tires 

as having been produced in week 48 of 

2020, when the date code 4280 is 

entered. 

VII. NHTSA’s Decision: In 

consideration of the foregoing, NHTSA 

finds that Hercules has met its burden 

of persuasion that the subject FMVSS 

No. 119 noncompliance in the affected 

tires is inconsequential to motor vehicle 

safety. Accordingly, Hercules’s petition 

is hereby granted and Hercules is 

consequently exempted from the 

obligation of providing notification of, 

and a free remedy for, that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

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, this 

decision only applies to the subject tires 

that Hercules no longer controlled at the 

time it determined that the 

noncompliance existed. However, the 

granting of 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 they were notified that the 

subject noncompliance existed. 

(Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at 49 CFR 1.95 and 

501.8) 

Eileen Sullivan, 

Associate Administrator for Enforcement. 

[FR Doc. 2024–30951 Filed 12–27–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2024–0056] 

Agency Information Collection 

Activities; Notice and Request for 

Comment; Female Occupant 

Anthropometry and Seating 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on a request for approval of 

a new information collection. 

SUMMARY: NHTSA invites public 

comments about our intention to request 

approval from the Office of Management 

and Budget (OMB) for a new 

information collection. Before a Federal 

agency can collect certain information 

from the public, it must receive 

approval from OMB. Under procedures 

established by the Paperwork Reduction 

Act of 1995, before seeking OMB 

approval, Federal agencies must solicit 

public comment on proposed 

collections of information, including 

extensions and reinstatement of 

previously approved collections. This 

document describes a collection of 

information for which NHTSA intends 

to seek OMB approval on Occupant 

Anthropometry and Seating. 

DATES: Comments must be submitted on 

or before February 28, 2025. 

ADDRESSES: You may submit comments 

identified by the Docket No. NHTSA– 

2024–0056 through any of the following 

methods: 

• Electronic submissions: Go to the 

Federal eRulemaking Portal at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail or Hand Delivery: Docket 

Management, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except on Federal holidays. To 

be sure someone is there to help you, 

please call (202) 366–9322 before 

coming. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. Note that all 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or the street 

address listed above. Follow the online 


ddrumheller on DSK120RN23PROD with NOTICES1