Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 53711-53712 [05-17905]
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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
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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
53712
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices
sidewalls * * * (e) Actual number of
plies in the sidewall, and the actual
number of plies in the tread area if
different.’’ The noncompliant tires were
marked ‘‘tread 1 ply nylon + 2 ply steel
+ 1 ply polyester; sidewall 2 ply
polyester.’’ The correct marking should
read ‘‘tread 1 ply nylon, 2 ply steel + 2
ply polyester; sidewall 2 ply polyester.’’
Cooper believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. Cooper
states that ‘‘the incorrect number of
tread plies on each tire does not present
a safety-related defect. The subject tires,
in fact, have 2 polyester tread plies.’’
Cooper states that the tires comply with
all other requirements of FMVSS No.
109.
The Transportation Recall,
Enhancement, Accountability, and
Documentation (TREAD) Act (Pub. L.
106–414) required, among other things,
that the agency initiate rulemaking to
improve tire label information. In
response, the agency published an
Advance Notice of Proposed
Rulemaking (ANPRM) in the Federal
Register on December 1, 2000 (65 FR
75222).
The agency received more than 20
comments on the tire labeling
information required by 49 CFR
Sections 571.109 and 119, Part 567, Part
574, and Part 575. In addition, the
agency conducted a series of focus
groups, as required by the TREAD Act,
to examine consumer perceptions and
understanding of tire labeling. Few of
the focus group participants had
knowledge of tire labeling beyond the
tire brand name, tire size, and tire
pressure.
Based on the information obtained
from comments to the ANPRM and the
consumer focus groups, we have
concluded that it is likely that few
consumers have been influenced by the
tire construction information (number of
plies and cord material in the sidewall
and tread plies) provided on the tire
label when deciding to buy a motor
vehicle or tire.
Therefore, the agency agrees with
Cooper’s statement that the incorrect
markings in this case do not present a
serious safety concern.1 There is no
effect of the noncompliance on the
operational safety of vehicles on which
these tires are mounted. In the agency’s
judgment, the incorrect labeling of the
tire construction information will have
an inconsequential effect on motor
1 This decision is limited to its specific facts. As
some commenters on the ANPRM noted, the
existence of steel in a tire’s sidewall can be relevant
to the manner in which it should be repaired or
retreaded.
VerDate Aug<18>2005
15:19 Sep 08, 2005
Jkt 205001
vehicle safety because most consumers
do not base tire purchases or vehicle
operation parameters on the number of
plies in the tire. In addition, the tires are
certified to meet all the performance
requirements of FMVSS No. 109 and all
other informational markings as
required by FMVSS No. 109 are present.
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. 05–17905 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2005–21929; 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 manufactured during 2004 and
2005 do not comply with S6.5(f) of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 119, ‘‘New pneumatic tires
for vehicles other than passenger cars.’’
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 43935). NHTSA
received no comments.
Cooper produced approximately 195
Power King brand tires during the
period from May 15, 2005 through May
21, 2005 that do not comply with
FMVSS No. 119, S6.5(f). S6.5(f) of
FMVSS No. 119 requires that each tire
shall be marked with ‘‘[t]he actual
number of plies * * * in the sidewall
and, if different, in the tread area.’’ The
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
noncompliant tires were marked ‘‘tread
2 ply steel + 2 ply polyester; sidewall 2
ply polyester.’’ The correct marking
should read ‘‘tread 1 ply nylon, 2 ply
steel + 2 ply polyester; sidewall 2 ply
polyester.’’
Cooper believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. Cooper
states that ‘‘the incorrect number of
tread plies on each tire does not present
a safety-related defect. In addition to
having the number of tread plies marked
on the sidewall, the subject tires have an
additional nylon tread ply.’’ Cooper
states that the tires comply with all
other requirements of FMVSS No. 119.
The Transportation Recall,
Enhancement, Accountability, and
Documentation (TREAD) Act (Pub. L.
106–414) required, among other things,
that the agency initiate rulemaking to
improve tire label information. In
response, the agency published an
Advance Notice of Proposed
Rulemaking (ANPRM) in the Federal
Register on December 1, 2000 (65 FR
75222).
The agency received more than 20
comments on the tire labeling
information required by 49 CFR
Sections 571.109 and 119, Part 567, Part
574, and Part 575. In addition, the
agency conducted a series of focus
groups, as required by the TREAD Act,
to examine consumer perceptions and
understanding of tire labeling. Few of
the focus group participants had
knowledge of tire labeling beyond the
tire brand name, tire size, and tire
pressure.
Based on the information obtained
from comments to the ANPRM and the
consumer focus groups, we have
concluded that it is likely that few
consumers have been influenced by the
tire construction information (number of
plies and cord material in the sidewall
and tread plies) provided on the tire
label when deciding to buy a motor
vehicle or tire.
Therefore, the agency agrees with
Cooper’s statement that the incorrect
markings in this case do not present a
serious safety concern.1 There is no
effect of the noncompliance on the
operational safety of vehicles on which
these tires are mounted. In the agency’s
judgment, the incorrect labeling of the
tire construction information will have
an inconsequential effect on motor
vehicle safety because most consumers
do not base tire purchases or vehicle
1 This decision is limited to its specific facts. As
some commenters on the ANPRM noted, the
existence of steel in a tire’s sidewall can be relevant
to the manner in which it should be repaired or
retreaded.
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53711-53712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17905]
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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
[[Page 53712]]
sidewalls * * * (e) Actual number of plies in the sidewall, and the
actual number of plies in the tread area if different.'' The
noncompliant tires were marked ``tread 1 ply nylon + 2 ply steel + 1
ply polyester; sidewall 2 ply polyester.'' The correct marking should
read ``tread 1 ply nylon, 2 ply steel + 2 ply polyester; sidewall 2 ply
polyester.''
Cooper believes that the noncompliance is inconsequential to motor
vehicle safety and that no corrective action is warranted. Cooper
states that ``the incorrect number of tread plies on each tire does not
present a safety-related defect. The subject tires, in fact, have 2
polyester tread plies.'' Cooper states that the tires comply with all
other requirements of FMVSS No. 109.
The Transportation Recall, Enhancement, Accountability, and
Documentation (TREAD) Act (Pub. L. 106-414) required, among other
things, that the agency initiate rulemaking to improve tire label
information. In response, the agency published an Advance Notice of
Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000
(65 FR 75222).
The agency received more than 20 comments on the tire labeling
information required by 49 CFR Sections 571.109 and 119, Part 567, Part
574, and Part 575. In addition, the agency conducted a series of focus
groups, as required by the TREAD Act, to examine consumer perceptions
and understanding of tire labeling. Few of the focus group participants
had knowledge of tire labeling beyond the tire brand name, tire size,
and tire pressure.
Based on the information obtained from comments to the ANPRM and
the consumer focus groups, we have concluded that it is likely that few
consumers have been influenced by the tire construction information
(number of plies and cord material in the sidewall and tread plies)
provided on the tire label when deciding to buy a motor vehicle or
tire.
Therefore, the agency agrees with Cooper's statement that the
incorrect markings in this case do not present a serious safety
concern.\1\ There is no effect of the noncompliance on the operational
safety of vehicles on which these tires are mounted. In the agency's
judgment, the incorrect labeling of the tire construction information
will have an inconsequential effect on motor vehicle safety because
most consumers do not base tire purchases or vehicle operation
parameters on the number of plies in the tire. In addition, the tires
are certified to meet all the performance requirements of FMVSS No. 109
and all other informational markings as required by FMVSS No. 109 are
present. Cooper has corrected the problem.
---------------------------------------------------------------------------
\1\ This decision is limited to its specific facts. As some
commenters on the ANPRM noted, the existence of steel in a tire's
sidewall can be relevant to the manner in which it should be
repaired or retreaded.
---------------------------------------------------------------------------
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. 05-17905 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P