Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 25909-25911 [2017-11526]

Download as PDF Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices This notice of receipt of Arconic’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. Equipment Involved: Approximately 1,975 Alcoa model 88367X aluminum wheels, size 22.5″ Dia. x 8.25″, produced for the heavy duty truck wheel market, and manufactured between August 1, 2016, and November 7, 2016, are potentially involved. III. Noncompliance: Arconic explains that the noncompliance is that the wheel diameter was incorrectly marked on the subject wheels as 24.5″ x 8.25″, when it should have been marked as 22.5″ x 8.25″. This marking error overstates the wheel diameter by 2″. Therefore, the subject wheels do not meet the requirements of paragraph S5.2(b) of FMVSS No. 120. IV. Rule Text: Paragraph S5.2(b) of FMVSS No. 120 states in pertinent part: asabaliauskas on DSKBBXCHB2PROD with NOTICES S5.2 Rim marking. Each rim or, at the option of the manufacturer in the case of a single-piece wheel, wheel disc shall be marked with the information listed in paragraphs (a) through (e) of this paragraph, in lettering not less than 3 millimeters high, impressed to a depth or, at the option of the manufacturer, embossed to a height of not less than 0.125 millimeters . . . (b) The rim size designation, and in case of multipiece rims, the rim type designation. For example: 20x5.50, or 20x5.5. V. Summary of Arconic’s Petition: Arconic 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, Arconic submitted the following reasoning: 1. If the mounting technician relied solely on the incorrectly stated 24.5″ diameter stamped on the rim and tried to mount a 24.5″ x 8.25″ tire, the tire will not inflate. Therefore, it would be obvious to the mounting technician that there is a tire/rim mismatch, because the air will immediately escape during inflation and no tire/rim seal will ever be achieved. Heavy-duty truck rim diameter sizes in the U.S. market are in increments 19.5″, 22.5″ and 24.5″, so any tire diameter other than 22.5″ will simply not mount and/or inflate on the mismarked 24.5″ rim. 2. All product literature that accompanies the mislabeled 24.5″ x 8.25″ aluminum wheels correctly identifies the wheel as having a 22.5″ diameter. The part number stamped on the wheels correctly associates the wheels in catalogs (hard copy and electronic) as having a 22.5″ diameter. The vast majority of the affected wheels VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 were sold for assembly on new heavyduty semi-tractors and it is believed the certification label, tire pressure placard and all other literature accompanying the vehicle correctly states the required wheel diameter as 22.5″. 3. The vast majority of the affected wheels were sold for assembly on new heavy-duty semi-tractors, which means the selection of tires and wheels during assembly does not require reliance on the actual size markings on the wheel. Rather, this selection is based upon part number matching during the tire/wheel subassembly process, and the part number descriptions correctly reflect the actual wheel size of 22.5″ x 8.25″. Only one manufacturer, a trailer manufacturer, actually noticed the mismarking of the rim diameter. The remaining manufacturers that undertook tire and rim assembly were unaffected by rim mismarking. 4. If a vehicle owner or operator must replace one of the affected rims they would most likely go to a facility that is familiar with tire/wheel replacements for heavy-duty trucks. Pursuant to 29 CFR 1910.177(c) (Employee Training), federal regulations require that only trained technicians are permitted to mount tires and wheels on heavy-duty vehicles and it should be obvious to the technician when a wheel marking is overstated by 2″. 5. For rims that have an obvious incorrect size marking stamped into the wheel, the technician will have to rely on another source for the correct rim size including, when applicable, the certification label, tire pressure placard or any other literature to determine the correct wheel and tire size for the replacement. 6. Because a tire/rim seal cannot be achieved with an overstated 2″ rim diameter, there is no risk to the technician during attempted tire mounting operations. 7. All other roll stamp rim marking information on the subject rims required by S5.2 of FMVSS No. 120 is correct. The rim is marked with the correct rim width, manufacturer, date of manufacture, and DOT. 8. The agency has previously found to be inconsequential a noncompliance with the rim marking requirements of FMVSS No. 110 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less (citing Docket No. NHTSA–1999–6685, July 5, 2000). 9. Arconic is not aware of any crashes or injuries associated with this roll stamp rim marking issue. PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 25909 Arconic states that they have corrected the roll stamp for all future production. Arconic 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 wheels that Arconic no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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 wheels under their control after Arconic 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. 2017–11525 Filed 6–2–17; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2017–0027; Notice 1] Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Cooper Tire & Rubber Company (Cooper), has determined that certain Cooper Mastercraft Courser HSX Tour brand tubeless radial tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper filed a SUMMARY: E:\FR\FM\05JNN1.SGM 05JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 25910 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices noncompliance report dated April 12, 2017. Cooper also petitioned NHTSA on April 12, 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 July 5, 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. 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. VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 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: Cooper Tire & Rubber Company (Cooper), has determined that certain Cooper Mastercraft Courser HSX Tour brand tubeless radial tires do not fully comply with paragraph S5.5.1(b) of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper filed a noncompliance report dated April 12, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Cooper also petitioned NHTSA on April 12, 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 Cooper’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. Tires Involved: Approximately 484 Cooper Mastercraft Courser HSX Tour brand tubeless radial tires, size 275/ 55R20, manufactured between March 6, 2017, and March 15, 2017, are potentially involved. III. Noncompliance: Cooper explains that the noncompliance is that the inboard sidewalls of the subject tires are labeled with an incorrect manufacturer’s identification mark, and therefore do not fully meet all applicable requirements of paragraph S5.5.1(b) of FMVSS No. 139. Specially, the tires are labeled with the manufacturer’s identification mark ‘‘UP’’ instead of ‘‘UT.’’ IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 states, 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 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 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 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, Cooper submitted the following reasoning: a) While the 484 tires in the subject population contain an improper plant code on the inboard side of the tire, they are in all other respects properly labeled and meet all performance requirements under the Federal Motor Vehicle Safety Standards. Plant code identification has no bearing on the performance or operation of a tire and does not create a safety concern to either the operator of the vehicle on which the tires are mounted, or the safety of personnel in the tire repair, retread and recycle industry. b) Tire registration and traceability could be a concern in some instances where there are plant code errors; however, in this instance, the incorrect plant code is still tied to a Cooper Tire manufacturing facility. Consumers will be able to accurately identify the responsible manufacturer and there will be no issues with registering the tires. Cooper Tire has modified its internal registration systems to allow for the proper registration of the affected tires. Cooper Tire accepts tire registration in a number of ways including electronically via the company’s Web site. Cooper Tire’s online database has been modified to accept registrations from consumers which include an incorrectly listed UP plant code when the other identifying information (brand, serial week) are accurately reported. Cooper Tire also accepts hard copy tire registration cards, which it processes manually. As long as the remaining identifying information (brand, serial and week) are listed accurately on the registration card, Cooper Tire will process the registration. All internal personnel responsible for manual processing of tire registration cards have been made aware of the plant code error and have been trained on how to accurately process and register tires with the E:\FR\FM\05JNN1.SGM 05JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices incorrect plant code information. Lastly, Cooper Tire receives some registration cards through Computerized Information and Management Services, Inc. (‘‘CIMS’’), a third-party vendor that collects and provides tire registration cards to a number of manufacturers, including Cooper Tire. CIMS has been made aware of the plant code error. CIMS has informed Cooper Tire that they will provide all registration cards to Cooper Tire that have a Cooper Tire plant code listed. c) In the event Cooper Tire has to conduct a safety related recall in connection with the 484 subject tires, Cooper Tire will include TINs UT Yl FXJ 1017 to 1117 and UP Yl FXJ 1017 to 1117 in its recall universe, so that there will be no issues with regard to identifying the recall population. Should Cooper Tire receive any affected tires in its service facilities for adjustments, the service technician will record the proper TIN number to accurately record the data. d) Cooper Tire has taken steps over the last year to add additional checks in its processes to prevent TIN errors. One of those checks includes implementing software that only allows for the plant to choose the plant code from a drop down menu that includes only its specific plant code. In this instance, however, the molds were transferred from one Cooper Tire facility (Findlay) to another (Texarkana). The Texarkana employee responsible for preparing the mold for use in the Texarkana facility only modified the mold on one side and the error went undetected. The mold containing the error was in production from March 6th through March 15th and when the error was detected on March 30th, the plug error was corrected in the mold to prevent future issues. Responsible Cooper Tire personnel will receive additional training on these processes. Cooper 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 VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 decision on this petition only applies to the subject tires that Cooper no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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. 2017–11526 Filed 6–2–17; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Comment Request; Community Reinvestment Act Regulations Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other federal agencies to take this opportunity to comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collection titled ‘‘Community Reinvestment Act Regulations.’’ DATES: Comments must be submitted on or before August 4, 2017. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Comments may be sent to: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Attention: 1557–0160, 400 7th Street SW., Suite SUMMARY: PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 25911 3E–218, Washington, DC 20219. In addition, comments may be sent by fax to (571) 465–4326 or by electronic mail to prainfo@occ.treas.gov. You may personally inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649–6700 or, for persons who are deaf or hard of hearing, TTY, (202) 649– 5597. Upon arrival, visitors will be required to present valid governmentissued photo identification and submit to security screening in order to inspect and photocopy comments. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance Officer, (202) 649–5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649–5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), federal agencies must obtain approval from OMB for each collection of information that they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of title 44 requires federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed renewal of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the OCC is publishing notice of the renewal of the collection of information set forth in this document. Title: Community Reinvestment Act Regulations. OMB Control No.: 1557–0160. Description: The Community Reinvestment Act (CRA) requires the federal banking agencies 1 (Agencies) to assess the record of regulated financial institutions (institutions) in helping to meet the credit needs of their entire communities, including low- and 1 OCC, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation. E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25909-25911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11526]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0027; Notice 1]


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

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

ACTION: Receipt of petition.

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

SUMMARY: Cooper Tire & Rubber Company (Cooper), has determined that 
certain Cooper Mastercraft Courser HSX Tour brand tubeless radial tires 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper filed a

[[Page 25910]]

noncompliance report dated April 12, 2017. Cooper also petitioned NHTSA 
on April 12, 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 July 5, 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.
    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: Cooper Tire & Rubber Company (Cooper), has determined 
that certain Cooper Mastercraft Courser HSX Tour brand tubeless radial 
tires do not fully comply with paragraph S5.5.1(b) of FMVSS No. 139, 
New Pneumatic Radial Tires for Light Vehicles. Cooper filed a 
noncompliance report dated April 12, 2017, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. Cooper also 
petitioned NHTSA on April 12, 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 Cooper'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. Tires Involved: Approximately 484 Cooper Mastercraft Courser 
HSX Tour brand tubeless radial tires, size 275/55R20, manufactured 
between March 6, 2017, and March 15, 2017, are potentially involved.
    III. Noncompliance: Cooper explains that the noncompliance is that 
the inboard sidewalls of the subject tires are labeled with an 
incorrect manufacturer's identification mark, and therefore do not 
fully meet all applicable requirements of paragraph S5.5.1(b) of FMVSS 
No. 139. Specially, the tires are labeled with the manufacturer's 
identification mark ``UP'' instead of ``UT.''
    IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 states, 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 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, Cooper submitted the following 
reasoning:
    a) While the 484 tires in the subject population contain an 
improper plant code on the inboard side of the tire, they are in all 
other respects properly labeled and meet all performance requirements 
under the Federal Motor Vehicle Safety Standards. Plant code 
identification has no bearing on the performance or operation of a tire 
and does not create a safety concern to either the operator of the 
vehicle on which the tires are mounted, or the safety of personnel in 
the tire repair, retread and recycle industry.
    b) Tire registration and traceability could be a concern in some 
instances where there are plant code errors; however, in this instance, 
the incorrect plant code is still tied to a Cooper Tire manufacturing 
facility. Consumers will be able to accurately identify the responsible 
manufacturer and there will be no issues with registering the tires. 
Cooper Tire has modified its internal registration systems to allow for 
the proper registration of the affected tires. Cooper Tire accepts tire 
registration in a number of ways including electronically via the 
company's Web site. Cooper Tire's online database has been modified to 
accept registrations from consumers which include an incorrectly listed 
UP plant code when the other identifying information (brand, serial 
week) are accurately reported. Cooper Tire also accepts hard copy tire 
registration cards, which it processes manually. As long as the 
remaining identifying information (brand, serial and week) are listed 
accurately on the registration card, Cooper Tire will process the 
registration. All internal personnel responsible for manual processing 
of tire registration cards have been made aware of the plant code error 
and have been trained on how to accurately process and register tires 
with the

[[Page 25911]]

incorrect plant code information. Lastly, Cooper Tire receives some 
registration cards through Computerized Information and Management 
Services, Inc. (``CIMS''), a third-party vendor that collects and 
provides tire registration cards to a number of manufacturers, 
including Cooper Tire. CIMS has been made aware of the plant code 
error. CIMS has informed Cooper Tire that they will provide all 
registration cards to Cooper Tire that have a Cooper Tire plant code 
listed.
    c) In the event Cooper Tire has to conduct a safety related recall 
in connection with the 484 subject tires, Cooper Tire will include TINs 
UT Yl FXJ 1017 to 1117 and UP Yl FXJ 1017 to 1117 in its recall 
universe, so that there will be no issues with regard to identifying 
the recall population. Should Cooper Tire receive any affected tires in 
its service facilities for adjustments, the service technician will 
record the proper TIN number to accurately record the data.
    d) Cooper Tire has taken steps over the last year to add additional 
checks in its processes to prevent TIN errors. One of those checks 
includes implementing software that only allows for the plant to choose 
the plant code from a drop down menu that includes only its specific 
plant code. In this instance, however, the molds were transferred from 
one Cooper Tire facility (Findlay) to another (Texarkana). The 
Texarkana employee responsible for preparing the mold for use in the 
Texarkana facility only modified the mold on one side and the error 
went undetected. The mold containing the error was in production from 
March 6th through March 15th and when the error was detected on March 
30th, the plug error was corrected in the mold to prevent future 
issues. Responsible Cooper Tire personnel will receive additional 
training on these processes.
    Cooper 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 tires that Cooper no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on 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. 2017-11526 Filed 6-2-17; 8:45 am]
 BILLING CODE 4910-59-P
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