Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance, 43708-43710 [2016-15750]

Download as PDF 43708 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices the public attending open meetings will be allowed to present questions from the floor or speak to any issue under consideration by the BOV. Authority: 46 U.S.C. 51312; 5 U.S.C. app. 552b; 41 CFR parts 102–3.140 through 102– 3.165. By Order of the Maritime Administrator. Dated: June 28, 2016. Gabriel Chavez, Secretary, Maritime Administration. [FR Doc. 2016–15745 Filed 7–1–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration Meeting Notice—U.S. Maritime Transportation System National Advisory Committee Maritime Administration, Department of Transportation ACTION: Notice of advisory committee name change and public meeting. AGENCY: The Maritime Administration (MARAD) announces that the name of the U.S. Marine Transportation System National Advisory Council has been changed to the U.S. Maritime Transportation System National Advisory Committee (MTSNAC or Committee). Furthermore, MARAD announces a public meeting of the MTSNAC to discuss advice and recommendations for the U.S. Department of Transportation on issues related to the maritime transportation system. Issues the MTSNAC will consider during this meeting include: Impediments to short sea transportation; expanding international gateway ports, using waterborne transportation to increase mobility throughout the domestic transportation system; modernizing the U.S. maritime workforce; strengthening maritime capabilities; and, encouraging maritime innovation. DATES: The meeting will be held on Tuesday, July 19, 2016 from 8:00 a.m. to 5:00 p.m. and Wednesday, July 20, 2016 from 8:00 a.m. to 12:00 p.m. Eastern Daylight Saving Time (EDT). ADDRESSES: The meeting will be held at the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, National Training Center, 1310 North Courthouse Road, Suite 600, Arlington, VA 22201–2508. FOR FURTHER INFORMATION CONTACT: Eric Shen, Co-Designated Federal Officer at: (202) 308–8968, or Jeffrey Flumignan, Co-Designated Federal Official at (212) 668–2064 or via email: MTSNAC@ sradovich on DSK3GDR082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 dot.gov or visit the MTSNAC Web site at https://www.marad.dot.gov/ports/ marine-transportation-system-mts/ marine-transportation-system-nationaladvisory-committee-mtsnac/. SUPPLEMENTARY INFORMATION: The MTSNAC is a Federal advisory committee within MARAD that advises the U.S. Department of Transportation on issues related to the marine transportation system. The MTSNAC was originally established in 1999 and mandated in 2007 by the Energy Independence and Security Act of 2007. The MTSNAC operates in accordance with the provisions of the Federal Advisory Committee Act (FACA). Agenda The agenda will include: (1) Welcome, opening remarks and introductions; (2) formation of subcommittees or work groups; (3) development of work plans and proposed recommendations; (4) appointment of Vice Chair and (5) public comment. The meeting agenda will be posted on the MTSNAC Web site at https://www.marad.dot.gov/ports/ marine-transportation-system-mts/ marine-transportation-system-nationaladvisory-committee-mtsnac/. The Maritime Administration requested that the MTSNAC consider the following issues for potential recommendations: 1. Impediments to effective use of short sea transportation, including America’s Marine Highways (see, 46 CFR part 393), and methods to expand the use of the Marine Transportation System for freight and passengers; 2. Expanding the capacity of U.S. international gateway ports to accommodate larger vessels; 3. Improving waterborne transport to reduce congestion and increase mobility throughout the domestic transportation system; 4. Strengthening maritime capabilities essential to economic and national security; 5. Modernizing the maritime workforce and inspire and educate the next generation of mariners; and, 6. Driving maritime innovation. In addition, the Maritime Administrator may request the MTSNAC to provide advice on other issues relating to the marine transportation system. Public Participation The meeting will be open to the public. Members of the public who wish to attend in person must RSVP to MTSNAC@dot.gov with your name and affiliation no later than 5:00 p.m. EDT on July 8, 2016, in order to facilitate PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 entry. Seating will be extremely limited and available on a first-come-first-serve basis. Services for Individuals with Disabilities: The public meeting is physically accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids are asked to notify Eric Shen at: (202) 308– 8968, or Jeffrey Flumignan at (212) 668– 2064 or MTSNAC@dot.gov five (5) business days before the meeting. Written comments: Persons who wish to submit written comments for consideration by the Committee must email MTSNAC@dot.gov, or send them to MTSNAC Designated Federal Officers via email: MTSNAC@dot.gov, Maritime Transportation System National Advisory Committee, 1200 New Jersey Avenue SE., W21–307, Washington, DC 20590 no later than 5:00 p.m. EDT on July 8, 2016 to provide sufficient time for review. Authority: 49 CFR part 1.93(a); 5 U.S.C. 552b; 41 CFR parts 102–3; 5 U.S.C. app. Sections 1–16. By Order of the Maritime Administrator. Dated: June 28, 2016. Gabriel Chavez, Secretary, Maritime Administration. [FR Doc. 2016–15769 Filed 7–1–16; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0002; Notice 2] Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Cooper Tire & Rubber Company (Cooper), has determined that certain Cooper tires do not fully comply with paragraph S5.5.1(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic radial tires for light vehicles. Cooper filed a report dated January 8, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Cooper then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. ADDRESSES: For further information on this decision contact Abraham Diaz, SUMMARY: E:\FR\FM\05JYN1.SGM 05JYN1 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5310, facsimile (202) 366– 5930. SUPPLEMENTARY INFORMATION: I. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Cooper submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on March 25, 2016 in the Federal Register (81 FR 16268). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: https://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2016– 0002.’’ II. Tires Involved Affected are approximately 338 Cooper Discoverer A/T3 size 265/70R18 Standard Load Tubeless Radial tires that were manufactured between September 27, 2015 and October 3, 2015. III. Noncompliance Cooper explains that the DOT serial week and year appears upside down and backwards in the tire identification number (TIN) molded into the outboard sidewalls of the subject tires and those tires therefore do not meet the requirements specified in paragraph S5.5.1 of FMVSS No. 139. IV. Rule Text sradovich on DSK3GDR082PROD with NOTICES Paragraph S5.5.1 of FMVSS No. 139 requires in pertinent part: S5.5.1 Tire Identification Number. . . . (b) Tires manufactured on or after September 1, 2009. Each tire must be labeled with the tire identification number required by 49 CFR part 574 on the intended outboard sidewall of the tire. Except for retreaded tires, either the tire identification number or a partial tire identification number, containing all characters in the tire identification number, except for the date code and, at the discretion of the manufacturer, any optional code, must be labeled on the other sidewall of the tire. Except for retreaded tires, if a tire does not have an intended outboard sidewall, the tire must be labeled with the tire identification number required by 49 CFR part 574 on one sidewall and with either the tire identification number or a partial tire identification number, containing all characters in the tire identification number VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 except for the date code and, at the discretion of the manufacturer, any optional code, on the other side wall. V. Summary of Cooper’s Petition Cooper believes that this noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Cooper submitted the following information and analysis of the subject noncompliance: 1. Cooper cited paragraph S5.5.1(b) of FMVSS No. 139, which requires tires manufactured on or after September 1, 2009 to be labeled with the TIN required by 49 CFR part 574 on the intended outboard sidewall of the tire. 2. Cooper also noted that 49 CFR 574.5 states that ‘‘[e]ach tire manufacturer shall conspicuously label on one sidewall of each tire it manufactures . . . a tire identification number containing the information set forth in paragraphs (a) through (d) of this section.’’ The company further noted that 49 CFR 574.5(d) specifies that ‘‘[t]he fourth grouping, consisting of four numerical symbols, must identify the week and year of manufacture,’’ with the first two symbols identifying the week and the last two identifying the year. 3. Cooper stated that the subject tires, on the outboard side only, were molded with an upside down and backwards DOT serial week and year. The serial number stamping should read: ‘‘DOT UPH4 1A6 3915.’’ The outboard side, which includes the date code, was molded with the date code information oriented incorrectly upside down and backwards, which resulted in the characters being out of proper sequence. 4. Cooper explained that the existence of the stamping error was determined by visual examination of a subject tire on October 21, 2015 by warehouse personnel in Grand Prairie, TX. Upon further investigation, it was determined that only tires cured in one press location (E10L) during one production week (3915) were affected. Tires with the same SKU code were also curing in another press (Z11L), but these tires were stamped correctly. Cooper stated that sorting of its internal inventories revealed that for curing press E10L, during DOT serial week 3915, there was a total net cure of 518 tires, of which 180 tires have been accounted for in its warehouse. There were 338 tires distributed. Cooper made the final determination that a noncompliance exists as to those 338 tires on January 6, 2015. 5. Cooper states that the 338 subject tires do meet and/or exceed all performance requirements and all other PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 43709 labeling and marking requirements of FMVSS No. 139. Furthermore, Cooper is not aware of any crashes, injuries, customer complaints, or field reports associated with the subject tires. Cooper has informed NHTSA that the subject tires located in its inventory count reconciliation have been returned to the company’s Findlay, OH plant, where they will be corrected prior to being released for sale. In summation, Cooper believes that the described noncompliance is inconsequential to motor vehicle safety, and that its petition, to exempt Cooper from providing recall notification of the noncompliance, as required by 49 U.S.C. 30118, and remedying the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA’S Decision NHTSA’S Analysis: The agency believes that in the case of a tire labeling noncompliance, one measure of its inconsequentiality to motor vehicle safety is whether the mislabeling would affect the manufacturer’s or consumer’s ability to identify the mislabeled tires properly, should the tires be recalled for performance related noncompliance. In this case, the nature of the labeling error does not prevent the correct identification of the affected tires. 49 CFR 574.5 requires the date code portion of the tire identification number to be placed in the last or correct position. In Cooper’s case it is in the right-most position, however, the manufacturer date code is upside down. Because the label is located on the tire sidewall, it is not likely to be misidentified. A reader will be able to read the date code, by spinning the tire, and therefore inverting the date code will allow it to easily be read. NHTSA’S Decision: In consideration of the foregoing, NHTSA finds that Cooper has met its burden of persuasion that the subject FMVSS No. 139 noncompliance in the affected tires is inconsequential to motor vehicle safety. Accordingly, Cooper’s petition is hereby granted and Cooper 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 E:\FR\FM\05JYN1.SGM 05JYN1 43710 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices defect or noncompliance. Therefore, this decision only applies to the subject tires that Cooper no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve equipment 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 Cooper 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. 2016–15750 Filed 7–1–16; 8:45 am] pertinent data the agency gathered. The results of this review and NHTSA’s analysis of the petition’s merit is set forth in the DP15–008 Evaluation Report, appearing in the public docket referenced in the heading of this notice. Forest River has recalled four (4) of the eleven (11) issues. One issue was addressed with a Technical Service Bulletin (TSB), five (5) were addressed in a consent order issued July 8, 2015 and it is unlikely that an order concerning notification and remedy of a safety-related defect would be issued as a result of granting Mrs. Amy Green’s request for the one remaining issue. Therefore, an investigation into the issues raised by the petition does not appear to be warranted and the petition is denied. BILLING CODE 4910–59–P Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.95 and 501.8. DEPARTMENT OF TRANSPORTATION Gregory K. Rea, Associate Administrator for Enforcement. National Highway Traffic Safety Administration [FR Doc. 2016–15788 Filed 7–1–16; 8:45 am] BILLING CODE 4910–59–P [Docket No. NHTSA–2016–0074] Denial of Motor Vehicle Defect Petition DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Denial of petition for a defect investigation. National Highway Traffic Safety Administration AGENCY: This notice sets forth the reasons for the denial of a petition submitted to NHTSA under 49 U.S.C. 30162, requesting that the agency commence a proceeding to determine the existence of a defect related to motor vehicle safety in 2015 and 2016 Shasta Airflyte recreational vehicles. After a review of the petition and other information, NHTSA has concluded that all but one of the issues identified in the petition have been addressed through one of three other remedial actions. The one issue not addressed by another action was found not to represent an unreasonable risk to motor vehicle safety. The agency accordingly has denied the petition. The petition is hereinafter identified as DP15–008. FOR FURTHER INFORMATION CONTACT: Mr. Nate Seymour, Medium & Heavy Duty Vehicle Division, Office of Defects Investigation (ODI), NHTSA, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone: (202) 366–2069. SUPPLEMENTARY INFORMATION: By letter dated September 1, 2015, Mrs. Amy Green wrote to NHTSA requesting that the agency investigate eleven (11) issues identified in her letter. NHTSA has reviewed the material provided by the petitioners and other SUMMARY: sradovich on DSK3GDR082PROD with NOTICES [Docket No. NHTSA–2015–0116] VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 Agency Information Collection Request National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of submission of information collection request to Office of Management and Budget (OMB). AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. DATES: Comments must be submitted on or before August 4, 2016. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: NHTSA Desk Officer. FOR FURTHER INFORMATION CONTACT: Julie Kang, Ph.D., Contracting Officer’s Technical Representative Task Order Manager, Human Factors/Engineering Integration Division, Office of Vehicle Crash Avoidance and Electronic Controls Research (NSR–310), National Highway Traffic Safety Administration, 1200 New Jersey Ave. SE., Washington, SUMMARY: PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 DC 20590. Dr. Kang’s phone number is 202–366–5677. Her email address is julie.kang@dot.gov. SUPPLEMENTARY INFORMATION: A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on January 4, 2016 (81 FR 141–142). Title: Recruitment and Debriefing of Human Subjects for Head-Up Displays and Distraction Potential. OMB Control Number: None. Type of Request: New Information Collection. Abstract: The National Highway Traffic Safety Administration’s (NHTSA) mission is to save lives, prevent injuries, and reduce economic losses resulting from motor vehicle crashes. Head-up display (HUD) technology presents many opportunities and challenges for mitigating driver distraction, improving driver comfort, and engaging drivers with their vehicles. On one hand, the reduction of the distance that the eyes need to travel between a focal point on the forward road and a focal point on an in-vehicle display can minimize the amount of time required to view a display relative to a traditional Head-Down Display (HDD). There is also an added benefit in that peripheral roadway information can be processed while viewing a HUD, allowing partial support of some aspects of vehicle control, like lane keeping. On the other hand, humans have difficulty simultaneously processing two visual displays overlaid on each other. Viewing HUDs while driving may therefore prevent drivers from perceiving events in the environment, particularly centrally located hazards such as a braking lead vehicle. There is a concern that if drivers perceive HUDs to be safer than HDDs that they may not regulate the length of time they spend looking at the HUD. The HUD may therefore negatively alter drivers’ visual scanning behavior. The benefits and drawbacks of using a HUD in a vehicle must therefore be fully investigated and properly understood. The proposed study will examine the distraction potential of HUD use on driving performance. The information collection involves collecting eligibility information and demographic information. The study focuses on HUD technologies that display information about the state of the vehicle (e.g., vehicle speed, navigation information) near the driver’s forward field of view (e.g., projected into the lower portion of the windshield in front of the driver). Affected Public: Voluntary study participants. E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43708-43710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15750]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0002; Notice 2]


Cooper 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: Cooper Tire & Rubber Company (Cooper), has determined that 
certain Cooper tires do not fully comply with paragraph S5.5.1(b) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New pneumatic 
radial tires for light vehicles. Cooper filed a report dated January 8, 
2016, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Cooper then petitioned NHTSA under 49 CFR 
part 556 requesting a decision that the subject noncompliance is 
inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision contact Abraham 
Diaz,

[[Page 43709]]

Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Cooper submitted a petition for an exemption from 
the notification and remedy requirements of 49 U.S.C. chapter 301 on 
the basis that this noncompliance is inconsequential to motor vehicle 
safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on March 25, 2016 in the Federal Register (81 FR 
16268). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2016-0002.''

II. Tires Involved

    Affected are approximately 338 Cooper Discoverer A/T3 size 265/
70R18 Standard Load Tubeless Radial tires that were manufactured 
between September 27, 2015 and October 3, 2015.

III. Noncompliance

    Cooper explains that the DOT serial week and year appears upside 
down and backwards in the tire identification number (TIN) molded into 
the outboard sidewalls of the subject tires and those tires therefore 
do not meet the requirements specified in paragraph S5.5.1 of FMVSS No. 
139.

IV. Rule Text

    Paragraph S5.5.1 of FMVSS No. 139 requires in pertinent part:

    S5.5.1 Tire Identification Number.
    . . .
    (b) Tires manufactured on or after September 1, 2009. Each tire 
must be labeled with the tire identification number required by 49 
CFR part 574 on the intended outboard sidewall of the tire. Except 
for retreaded tires, either the tire identification number or a 
partial tire identification number, containing all characters in the 
tire identification number, except for the date code and, at the 
discretion of the manufacturer, any optional code, must be labeled 
on the other sidewall of the tire. Except for retreaded tires, if a 
tire does not have an intended outboard sidewall, the tire must be 
labeled with the tire identification number required by 49 CFR part 
574 on one sidewall and with either the tire identification number 
or a partial tire identification number, containing all characters 
in the tire identification number except for the date code and, at 
the discretion of the manufacturer, any optional code, on the other 
side wall.

V. Summary of Cooper's Petition

    Cooper believes that this noncompliance is inconsequential as it 
relates to motor vehicle safety.
    In support of its petition, Cooper submitted the following 
information and analysis of the subject noncompliance:
    1. Cooper cited paragraph S5.5.1(b) of FMVSS No. 139, which 
requires tires manufactured on or after September 1, 2009 to be labeled 
with the TIN required by 49 CFR part 574 on the intended outboard 
sidewall of the tire.
    2. Cooper also noted that 49 CFR 574.5 states that ``[e]ach tire 
manufacturer shall conspicuously label on one sidewall of each tire it 
manufactures . . . a tire identification number containing the 
information set forth in paragraphs (a) through (d) of this section.'' 
The company further noted that 49 CFR 574.5(d) specifies that ``[t]he 
fourth grouping, consisting of four numerical symbols, must identify 
the week and year of manufacture,'' with the first two symbols 
identifying the week and the last two identifying the year.
    3. Cooper stated that the subject tires, on the outboard side only, 
were molded with an upside down and backwards DOT serial week and year. 
The serial number stamping should read: ``DOT UPH4 1A6 3915.'' The 
outboard side, which includes the date code, was molded with the date 
code information oriented incorrectly upside down and backwards, which 
resulted in the characters being out of proper sequence.
    4. Cooper explained that the existence of the stamping error was 
determined by visual examination of a subject tire on October 21, 2015 
by warehouse personnel in Grand Prairie, TX. Upon further 
investigation, it was determined that only tires cured in one press 
location (E10L) during one production week (3915) were affected. Tires 
with the same SKU code were also curing in another press (Z11L), but 
these tires were stamped correctly. Cooper stated that sorting of its 
internal inventories revealed that for curing press E10L, during DOT 
serial week 3915, there was a total net cure of 518 tires, of which 180 
tires have been accounted for in its warehouse. There were 338 tires 
distributed. Cooper made the final determination that a noncompliance 
exists as to those 338 tires on January 6, 2015.
    5. Cooper states that the 338 subject tires do meet and/or exceed 
all performance requirements and all other labeling and marking 
requirements of FMVSS No. 139.
    Furthermore, Cooper is not aware of any crashes, injuries, customer 
complaints, or field reports associated with the subject tires.
    Cooper has informed NHTSA that the subject tires located in its 
inventory count reconciliation have been returned to the company's 
Findlay, OH plant, where they will be corrected prior to being released 
for sale.
    In summation, Cooper believes that the described noncompliance is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt Cooper from providing recall notification of the noncompliance, 
as required by 49 U.S.C. 30118, and remedying the noncompliance, as 
required by 49 U.S.C. 30120, should be granted.

NHTSA'S Decision

    NHTSA'S Analysis: The agency believes that in the case of a tire 
labeling noncompliance, one measure of its inconsequentiality to motor 
vehicle safety is whether the mislabeling would affect the 
manufacturer's or consumer's ability to identify the mislabeled tires 
properly, should the tires be recalled for performance related 
noncompliance. In this case, the nature of the labeling error does not 
prevent the correct identification of the affected tires. 49 CFR 574.5 
requires the date code portion of the tire identification number to be 
placed in the last or correct position. In Cooper's case it is in the 
right-most position, however, the manufacturer date code is upside 
down. Because the label is located on the tire sidewall, it is not 
likely to be misidentified. A reader will be able to read the date 
code, by spinning the tire, and therefore inverting the date code will 
allow it to easily be read.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that Cooper has met its burden of persuasion that the subject FMVSS No. 
139 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, Cooper's petition is hereby granted and 
Cooper 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

[[Page 43710]]

defect or noncompliance. Therefore, this decision only applies to the 
subject tires that Cooper no longer controlled at the time it 
determined that the noncompliance existed. However, the granting of 
this petition does not relieve equipment 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 Cooper 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. 2016-15750 Filed 7-1-16; 8:45 am]
 BILLING CODE 4910-59-P