Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 53711 [05-17903]

Download as PDF Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on July 27, 2005, in the Federal Register (70 FR 43507). NHTSA received no comments. Affected are a total of approximately 430 tires produced on May 24, 2005. One requirement of S6.5 of FMVSS No. 119, tire markings, is that the tire identification shall comply with 49 CFR part 574, ‘‘Tire Identification and Recordkeeping,’’ which includes the marking requirements of 574.5(b) DOT size code, and 574.5(c) DOT tire type. The subject tires are incorrectly marked for both size code and tire type. The markings read ‘‘A3 3T 1WP XXXX’’ when they should read ‘‘A3 55 1N1 XXXX.’’ Continental Tire explained: [T]he curing mold used in the production of the tires was being serviced. During the service, the interchangeable plugs that contain the DOT size and type information came out of the mold. The individual replacing the plugs inserted plugs engraved with the incorrect information. The noncompliance was discovered after 430 tires had been cured in this mold. Continental Tire believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Continental Tire stated that ‘‘[a]ll other sidewall identification markings and safety information are correct, referring to recognizable size markings and load carrying capacities. A consumer or dealer examining the DOT Code could still determine the correct manufacturing plant and correct manufacturing date.’’ NHTSA agrees with Continental that the noncompliance is inconsequential to motor vehicle safety. As Continental points out, the tires do have markings which provide the correct size and load carrying capacities, and the correct manufacturing plant and date can be determined. Therefore, there should be no confusion by the user of this information, and Continental should be able to identify the tires in the event of recall. Continental has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Continental’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. (Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8) VerDate Aug<18>2005 15:19 Sep 08, 2005 Jkt 205001 Issued on: September 2, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–17902 Filed 9–8–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–21926; Notice 2] Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance Cooper Tire & Rubber Company (Cooper) has determined that the markings on certain tires that it produced in 2004 and 2005 do not comply with S4.3(a) of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on July 29, 2005 in the Federal Register (70 FR 43934). NHTSA received no comments. Affected are a total of approximately 2,606 Cooper Discoverer AST II tires in the 265/70R16 size, produced between October 10, 2004 and April 16, 2005. S4.3, Labeling requirements, requires compliance with 49 CFR 574.5, ‘‘Tire Identification and Record Keeping, Tire Identification Requirements.’’ The size designation required by Part 574.5 was incorrectly marked on the subject tires, which were molded with the letters ‘‘TY’’ as the second grouping of symbols in the tire identification number. The correct stamping should have been ‘‘C2.’’ Cooper believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Cooper states that the purpose of the tire identification number marking requirements is to facilitate the ability of the tire manufacturer to identify the tires in the event of a recall. Cooper asserts that the incorrect size designation in this case does not affect the ability to identify defective or nonconforming tires. Cooper points out that the tire size is correctly stamped on the sidewalls of the subject tires, and states that the tires comply with all PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 53711 other requirements of FMVSS No. 109 and 49 CFR 574.5. NHTSA agrees with Cooper that the noncompliance is inconsequential to motor vehicle safety. As Cooper points out, the tires do have sidewall markings which provide the correct size for the user of this information. In addition, the incorrect marking does not affect the ability to identify the tires in the event of recall. Cooper has corrected the problem. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Cooper’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. (Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8) Issued on: September 2, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–17903 Filed 9–8–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–21930; Notice 2] Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance Cooper Tire & Rubber Company (Cooper) has determined that certain tires it produced in 2005 do not comply with S4.3(e) of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on July 29, 2005 in the Federal Register (70 FR 43934). NHTSA received no comments. Cooper produced approximately 3,070 Cooper brand tires during the period from January 30, 2005 through May 21, 2005 that do not comply with FMVSS No. 109, S4.3(e). S4.3(e) of FMVSS No. 109 requires that ‘‘each tire shall have permanently molded into or onto both E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Page 53711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17903]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21926; Notice 2]


Cooper Tire & Rubber Company, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Cooper Tire & Rubber Company (Cooper) has determined that the 
markings on certain tires that it produced in 2004 and 2005 do not 
comply with S4.3(a) of 49 CFR 571.109, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 109, ``New pneumatic tires.'' Pursuant to 49 
U.S.C. 30118(d) and 30120(h), Cooper has petitioned for a determination 
that this noncompliance is inconsequential to motor vehicle safety and 
has filed an appropriate report pursuant to 49 CFR part 573, ``Defect 
and Noncompliance Reports.'' Notice of receipt of a petition was 
published, with a 30-day comment period, on July 29, 2005 in the 
Federal Register (70 FR 43934). NHTSA received no comments.
    Affected are a total of approximately 2,606 Cooper Discoverer AST 
II tires in the 265/70R16 size, produced between October 10, 2004 and 
April 16, 2005. S4.3, Labeling requirements, requires compliance with 
49 CFR 574.5, ``Tire Identification and Record Keeping, Tire 
Identification Requirements.'' The size designation required by Part 
574.5 was incorrectly marked on the subject tires, which were molded 
with the letters ``TY'' as the second grouping of symbols in the tire 
identification number. The correct stamping should have been ``C2.''
    Cooper believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Cooper 
states that the purpose of the tire identification number marking 
requirements is to facilitate the ability of the tire manufacturer to 
identify the tires in the event of a recall. Cooper asserts that the 
incorrect size designation in this case does not affect the ability to 
identify defective or nonconforming tires. Cooper points out that the 
tire size is correctly stamped on the sidewalls of the subject tires, 
and states that the tires comply with all other requirements of FMVSS 
No. 109 and 49 CFR 574.5.
    NHTSA agrees with Cooper that the noncompliance is inconsequential 
to motor vehicle safety. As Cooper points out, the tires do have 
sidewall markings which provide the correct size for the user of this 
information. In addition, the incorrect marking does not affect the 
ability to identify the tires in the event of recall. Cooper has 
corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Cooper's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

(Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 
1.50 and 501.8)

    Issued on: September 2, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-17903 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P