Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 62949-62951 [2018-26510]
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
to resolve questions concerning, for
example, which properties should be
covered by the provisions of Section 107
of the Act. These functions are
inseparable from the ultimate land use
control and planning responsibilities of
local government. These local
responsibilities are not changed in any
way under Part 150 or through FAA’s
review of a noise exposure map.
Therefore, the responsibility for the
detailed overlaying of noise exposure
contours onto the map depicting
properties on the surface rests
exclusively with the airport operator
that submitted the map, or with those
public agencies and planning agencies
with which consultation is required
under Section 103 of the Act. The FAA
has relied on the certification by the
airport operator, under Section 150.21
of FAR Part 150, that the statutorily
required consultation has been
accomplished.
The FAA has formally received the
noise compatibility program for
Westover Airport, also effective on
November 7, 2018. Preliminary review
of the submitted material indicates that
it conforms to the requirements for the
submittal of noise compatibility
programs, but that further review will be
necessary prior to approval or
disapproval of the program. The formal
review period, limited by law to a
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completed on or before May 6, 2019.
The FAA’s detailed evaluation will be
conducted under the provisions of 14
CFR part 150, Section 150.33. The
primary considerations in the
evaluation process are whether the
proposed measures may reduce the level
of aviation safety, create an undue
burden on interstate or foreign
commerce, or be reasonably consistent
with obtaining the goal of reducing
existing non compatible land uses and
preventing the introduction of
additional non-compatible land uses.
Interested persons are invited to
comment on the proposed program with
specific reference to these factors. All
comments, other than those properly
addressed to local land use authorities,
will be considered by the FAA to the
extent practicable. Copies of the noise
exposure map, the FAA’s evaluation of
the map, and the proposed noise
compatibility program are available for
examination at the following locations:
Westover Airport, 255 Padgette Street,
Chicopee, Massachusetts 01022.
Federal Aviation Administration,
Airports Division, 1200 District Avenue,
Burlington, Massachusetts 01803.
Questions may be directed to the
individual named above under the
VerDate Sep<11>2014
20:35 Dec 04, 2018
Jkt 247001
heading: FOR FURTHER INFORMATION
CONTACT.
Issued in Burlington, Massachusetts on
November 7, 2018.
Richard P. Doucette,
FAA, New England Region, Airports Division.
[FR Doc. 2018–26478 Filed 12–4–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2018–0077; Notice 1]
Cooper Tire & Rubber Company,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Cooper Tire & Rubber
Company (Cooper Tire) has determined
that certain Cooper brand tires do not
fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
139, New Pneumatic Radial Tires for
Light Vehicles. Cooper Tire filed a
noncompliance report dated May 4,
2018, and subsequently petitioned
NHTSA on May 21, 2018, 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 January 7, 2019.
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 be 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) website at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
SUMMARY:
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62949
• 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 has determined that
certain Cooper brand tires do not fully
comply with paragraph S5.5.1 of
FMVSS No. 139, New Pneumatic Radial
Tires for Light Vehicles (49 CFR part
571.139). Cooper Tire filed a
noncompliance report dated May 4,
2018, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports, and
subsequently petitioned NHTSA on May
21, 2018, pursuant to 49 U.S.C. 30118(d)
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.
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
This notice of receipt of Cooper Tire’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 this
petition.
II. Tires Involved
Approximately 327 Evolution H/T
size 245/70R16 tubeless radial tires,
manufactured between June 4, 2017,
and June 10, 2017, are potentially
involved.
III. Noncompliance
Cooper Tire explains that the
noncompliance is that the subject tires
were molded with an incorrectly
ordered serial week and year on the
outboard sidewall as required by
paragraph S5.5.1(b) of FMVSS No. 139.
Specifically, the subject tires were
manufactured with serial week ‘‘1723’’
when they should have been
manufactured with serial week ‘‘2317.’’
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No.
139, includes the requirements relevant
to this petition:
• For 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, 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.
khammond on DSK30JT082PROD with NOTICES
V. Summary of Petition
Cooper Tire 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 Tire
submitted the following arguments:
1. While the 327 tires in the subject
population contain an incorrectly
ordered week and year for the fourth
grouping of TIN numbers, they are in all
other respects properly labeled and
meet all performance requirements
under the FMVSS’s. The serial week of
manufacture 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
VerDate Sep<11>2014
20:35 Dec 04, 2018
Jkt 247001
personnel in the tire repair, retread, and
recycle industry.
2. Tire registration and traceability
will not be interrupted. Cooper Tire’s
internally controlled online registration
system has been modified to be able to
accept the incorrectly ordered 1723 date
code. Any tires registered with that date
code and TIN will be identified properly
as having been manufactured in the
23rd week of 2017. This will ensure that
Cooper Tire is able to identify these tires
in the event they must be recalled. If a
recall is necessary, Cooper Tire will
explain the date issue in any recall
notice.
3. Cooper Tire can also confirm that
it will not use the same full Tire
Identification Number in year 2023.
Cooper Tire uses the third grouping of
numbers within the TIN to identify the
SKU or make of the tire, as is permitted
at the option of the manufacturer under
the regulations. See 49 CFR 574.5(g)(3).
In this case, lJ9 is the third grouping and
indicates that this tire is a Cooper
Evolution H/T. While Cooper Tire has
not yet set its year 2023 production
schedule, if Cooper Evolution H/T tires
are made in year 2023, Cooper Tire will
assign another unique identifier so that
the tires made in year 2017 will be
distinguishable from the tires made in
year 2023. This will eliminate the
potential for SKUs produced in year
2017 to be confused with those
produced in year 2023, and will allow
for Cooper Tire to readily identify the
327 tires that are the subject of this
petition.
4. NHTSA has granted a number of
previous inconsequentiality petitions
relating to mislabeled TINs, provided
that the mislabeling does not affect the
manufacturer’s ability to identify the
tires. ‘‘The purpose of the date code is
to identify a tire so that, if necessary, the
appropriate action can be taken in the
interest of public safety such as, a safety
recall notice.’’ Bridgestone/Firestone,
Inc.; Grant of Application, 64 FR 29080
(May 28, 1999); see also Cooper Tire &
Rubber Company, Grant of Application,
68 FR 16115 (April 2, 2003) (same).
Accordingly, NHTSA has explained in
multiple instances that ‘‘[t]he agency
believes that the true measure of
inconsequentiality to motor vehicle
safety in this case is the effect of the
noncompliance on the ability of the tire
manufacturer to identify the tires in the
event of recall.’’ Bridgestone/Firestone,
Inc., Grant of Application, 66 FR 45076
(August 27, 2001). As a result, NHTSA
has granted petitions and found that
TIN noncompliance is inconsequential
to safety in cases where the TIN is out
of sequence or mislabeled, including
where the week and/or year of
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Sfmt 4703
manufacture is mislabeled and even
where the date code is missing
altogether. See, e.g., Bridgestone
Firestone North America Tire, LLC,
Grant of Petition, 71 FR 4396 (January
26, 2006) (granting petition where date
code was missing because manufacturer
could still identify and recall the tires);
Cooper Tire & Rubber Company, Grant
of Application, 68 FR 16115 (April 2,
2003) (granting petition where tires
were labeled with wrong plant code,
because ‘‘the tires have a unique DOT
identification’’); Bridgestone/Firestone,
Inc., Grant of Application, 66 FR 45076
(Aug. 27, 2001) (granting petition where
the date code was labeled incorrectly,
because ‘‘the information included on
the tire identification label and the
manufacturer’s tire production records
is sufficient to ensure that these tires
can be identified in the event of a
recall’’); Bridgestone/Firestone, Inc.;
Grant of Application, 64 FR 29080 (May
28, 1999) (granting petition where the
wrong year was marked in the date code
on the tires); Cooper Tire & Rubber
Company; Grant of Application, 63 FR
29059 (May 27, 1998) (granting petition
where the date code was missing where
tires had a unique TIN for recall
purposes); Bridgestone/Firestone, Inc.,·
Grant of Application, 60 FR 57617
(November 16, 1995) (granting petition
where the date code was out of
sequence); Uniroyal Goodrich Tire
Company; Grant of Petition, 59 FR.
64232 (December 13, 1994) (granting
petition where week and year were
mislabeled on tires). As with other cases
in which NHTSA has granted petitions
for a determination of inconsequential
noncompliance, Cooper Tire will be
able identify the tires that are the
subject of this petition in the event of
recall. As described above, these tires
will have a unique DOT identifier that
will allow for Cooper Tire to identify
and recall them in the event that any
issues arise in the future.
5. Cooper Tire has taken steps over
the last two years to add additional
checks in its processes to prevent TIN
errors. For example, Cooper Tire has
implemented software that allows for a
specific plant to choose only its plant
code from a drop-down menu when
engraving that portion of the TIN. Date
codes are updated on a weekly basis and
often produced in advance of the serial
week. The serial week and year is
manually entered in the system and
then engraved on a plug for use. Cooper
Tire is working to prevent future issues
and evaluating the possibility of
additional technology which will
restrict the selection of date codes to a
contained period of time. Cooper Tire is
E:\FR\FM\06DEN1.SGM
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices
also reviewing its inspection processes
to ensure that errors of this sort are
identified earlier in the process.
Cooper Tire 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.
Cooper Tire’s complete petition and
all supporting documents are available
by logging onto the Federal Docket
Management System (FDMS) website at:
https://www.regulations.gov and by
following the online search instructions
to locate the docket number as listed in
the title of this notice.
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 Tire no
longer controlled at the time it
determined that the noncompliance
existed. However, any decision on this
petition does not relieve vehicle
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 Tire 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.
Claudia W. Covell,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2018–26510 Filed 12–4–18; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
khammond on DSK30JT082PROD with NOTICES
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2018–0072; Notice 1]
Michelin North America, Inc., Receipt
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
AGENCY:
VerDate Sep<11>2014
20:35 Dec 04, 2018
Jkt 247001
ACTION:
Receipt of petition.
Michelin North America, Inc.
(MNA) has determined that certain
Michelin XZL brand tires do not fully
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with
a GVWR of more than 4,536 kilograms
(10,000 lbs) and Motorcycles. MNA filed
a noncompliance report dated May 21,
2018, and subsequently petitioned
NHTSA on June 15, 2018, 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 January 7, 2019.
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 be 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 the 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 for Federal
Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website 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
SUMMARY:
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62951
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
MNA has determined that certain
Michelin brand tires do not fully
comply with paragraph S6.4 of Federal
Motor Vehicle Safety Standard (FMVSS)
No. 119, New Pneumatic Tires for Motor
Vehicles with a GVWR of more than
4,536 kilograms (10,000 lbs) and
Motorcycles (49 CFR 571.119). MNA
filed a noncompliance report dated May
21, 2018, pursuant to 49 CFR part 573,
Defects and Noncompliance
Responsibility and Reports. MNA
subsequently petitioned NHTSA on
June 18, 2018, pursuant to 49 U.S.C.
20118(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.
II. Tires Involved
Approximately 752 Michelin XZL size
16.00R20 tires manufactured between
January 19, 2018, and April 9, 2018, are
potentially involved.
III. Noncompliance
MNA explains that the
noncompliance was due to a mold error
which left the subject tires with fewer
than the required number of treadwear
indicators specified in paragraph S6.4 of
FMVSS No. 119. Specifically, the tires
were manufactured with 4 rows of
treadwear indicators instead of the
required minimum of 6 treadwear
indicators.
E:\FR\FM\06DEN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62949-62951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26510]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2018-0077; Notice 1]
Cooper Tire & Rubber Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Cooper Tire & Rubber Company (Cooper Tire) has determined that
certain Cooper brand tires do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for
Light Vehicles. Cooper Tire filed a noncompliance report dated May 4,
2018, and subsequently petitioned NHTSA on May 21, 2018, 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 January 7,
2019.
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 be
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) website 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 has determined that certain Cooper brand tires do not
fully comply with paragraph S5.5.1 of FMVSS No. 139, New Pneumatic
Radial Tires for Light Vehicles (49 CFR part 571.139). Cooper Tire
filed a noncompliance report dated May 4, 2018, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports, and
subsequently petitioned NHTSA on May 21, 2018, pursuant to 49 U.S.C.
30118(d) 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.
[[Page 62950]]
This notice of receipt of Cooper Tire'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 this petition.
II. Tires Involved
Approximately 327 Evolution H/T size 245/70R16 tubeless radial
tires, manufactured between June 4, 2017, and June 10, 2017, are
potentially involved.
III. Noncompliance
Cooper Tire explains that the noncompliance is that the subject
tires were molded with an incorrectly ordered serial week and year on
the outboard sidewall as required by paragraph S5.5.1(b) of FMVSS No.
139. Specifically, the subject tires were manufactured with serial week
``1723'' when they should have been manufactured with serial week
``2317.''
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No. 139, includes the requirements
relevant to this petition:
For 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, 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 Petition
Cooper Tire 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 Tire submitted the following
arguments:
1. While the 327 tires in the subject population contain an
incorrectly ordered week and year for the fourth grouping of TIN
numbers, they are in all other respects properly labeled and meet all
performance requirements under the FMVSS's. The serial week of
manufacture 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.
2. Tire registration and traceability will not be interrupted.
Cooper Tire's internally controlled online registration system has been
modified to be able to accept the incorrectly ordered 1723 date code.
Any tires registered with that date code and TIN will be identified
properly as having been manufactured in the 23rd week of 2017. This
will ensure that Cooper Tire is able to identify these tires in the
event they must be recalled. If a recall is necessary, Cooper Tire will
explain the date issue in any recall notice.
3. Cooper Tire can also confirm that it will not use the same full
Tire Identification Number in year 2023. Cooper Tire uses the third
grouping of numbers within the TIN to identify the SKU or make of the
tire, as is permitted at the option of the manufacturer under the
regulations. See 49 CFR 574.5(g)(3). In this case, lJ9 is the third
grouping and indicates that this tire is a Cooper Evolution H/T. While
Cooper Tire has not yet set its year 2023 production schedule, if
Cooper Evolution H/T tires are made in year 2023, Cooper Tire will
assign another unique identifier so that the tires made in year 2017
will be distinguishable from the tires made in year 2023. This will
eliminate the potential for SKUs produced in year 2017 to be confused
with those produced in year 2023, and will allow for Cooper Tire to
readily identify the 327 tires that are the subject of this petition.
4. NHTSA has granted a number of previous inconsequentiality
petitions relating to mislabeled TINs, provided that the mislabeling
does not affect the manufacturer's ability to identify the tires. ``The
purpose of the date code is to identify a tire so that, if necessary,
the appropriate action can be taken in the interest of public safety
such as, a safety recall notice.'' Bridgestone/Firestone, Inc.; Grant
of Application, 64 FR 29080 (May 28, 1999); see also Cooper Tire &
Rubber Company, Grant of Application, 68 FR 16115 (April 2, 2003)
(same). Accordingly, NHTSA has explained in multiple instances that
``[t]he agency believes that the true measure of inconsequentiality to
motor vehicle safety in this case is the effect of the noncompliance on
the ability of the tire manufacturer to identify the tires in the event
of recall.'' Bridgestone/Firestone, Inc., Grant of Application, 66 FR
45076 (August 27, 2001). As a result, NHTSA has granted petitions and
found that TIN noncompliance is inconsequential to safety in cases
where the TIN is out of sequence or mislabeled, including where the
week and/or year of manufacture is mislabeled and even where the date
code is missing altogether. See, e.g., Bridgestone Firestone North
America Tire, LLC, Grant of Petition, 71 FR 4396 (January 26, 2006)
(granting petition where date code was missing because manufacturer
could still identify and recall the tires); Cooper Tire & Rubber
Company, Grant of Application, 68 FR 16115 (April 2, 2003) (granting
petition where tires were labeled with wrong plant code, because ``the
tires have a unique DOT identification''); Bridgestone/Firestone, Inc.,
Grant of Application, 66 FR 45076 (Aug. 27, 2001) (granting petition
where the date code was labeled incorrectly, because ``the information
included on the tire identification label and the manufacturer's tire
production records is sufficient to ensure that these tires can be
identified in the event of a recall''); Bridgestone/Firestone, Inc.;
Grant of Application, 64 FR 29080 (May 28, 1999) (granting petition
where the wrong year was marked in the date code on the tires); Cooper
Tire & Rubber Company; Grant of Application, 63 FR 29059 (May 27, 1998)
(granting petition where the date code was missing where tires had a
unique TIN for recall purposes); Bridgestone/Firestone, Inc.,[middot]
Grant of Application, 60 FR 57617 (November 16, 1995) (granting
petition where the date code was out of sequence); Uniroyal Goodrich
Tire Company; Grant of Petition, 59 FR. 64232 (December 13, 1994)
(granting petition where week and year were mislabeled on tires). As
with other cases in which NHTSA has granted petitions for a
determination of inconsequential noncompliance, Cooper Tire will be
able identify the tires that are the subject of this petition in the
event of recall. As described above, these tires will have a unique DOT
identifier that will allow for Cooper Tire to identify and recall them
in the event that any issues arise in the future.
5. Cooper Tire has taken steps over the last two years to add
additional checks in its processes to prevent TIN errors. For example,
Cooper Tire has implemented software that allows for a specific plant
to choose only its plant code from a drop-down menu when engraving that
portion of the TIN. Date codes are updated on a weekly basis and often
produced in advance of the serial week. The serial week and year is
manually entered in the system and then engraved on a plug for use.
Cooper Tire is working to prevent future issues and evaluating the
possibility of additional technology which will restrict the selection
of date codes to a contained period of time. Cooper Tire is
[[Page 62951]]
also reviewing its inspection processes to ensure that errors of this
sort are identified earlier in the process.
Cooper Tire 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.
Cooper Tire's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at: https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.
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 Tire no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle 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
Tire 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.
Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-26510 Filed 12-4-18; 8:45 am]
BILLING CODE 4910-59-P
