Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 14323-14325 [2022-05305]
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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
jspears on DSK121TN23PROD with NOTICES1
V. Summary of Volkswagen’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of Volkswagen’s Petition,’’ are the views
and arguments provided by
Volkswagen. They have not been
evaluated by the Agency and do not
reflect the views of the Agency.
Volkswagen describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
Volkswagen says that although the
owner’s manual does not accurately
state the duration of time that the
‘‘Passenger Airbag On’’ light is
illuminated, Volkswagen claims that the
light ‘‘is neither required nor regulated’’
by FMVSS No. 208. Volkswagen
contends that although the light does
not remain illuminated, the ‘‘system
itself is switched on, is ready to
function, and is otherwise accurately
described within the owner’s manual.’’
Volkswagen explains that the owner’s
manual for the subject vehicles
‘‘provides an explanation of how the
system’s components function together,
as well as how the ‘‘Passenger Airbag
Off’’ light functions,’’ as required by
FMVSS No. 208. Volkswagen further
explains that the owner’s manual also
provides ‘‘a presentation and
explanation of the main components of
the advanced passenger air bag system,
an explanation of how the components
function, and the basic requirements for
proper operations, among other
important relevant safety information.’’
Volkswagen notes that it has corrected
the noncompliance for vehicles still in
its control by adding a supplemental
page with the accurate information into
the owner’s manual.
Volkswagen states that it is aware of
one customer inquiry related to the
subject noncompliance which has been
resolved but is not aware of any
accidents or injuries that have occurred
as a result of the subject noncompliance.
Volkswagen concludes by stating its
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety and 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
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noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject vehicles that Volkswagen 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 vehicles under their
control after Volkswagen 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022–05306 Filed 3–11–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0083; 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 Discoverer AT3
tubeless radial light truck 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 July 6,
2020. Cooper subsequently petitioned
NHTSA on July 31, 2020, and
supplemented its petition on May 28,
2021, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety. This
notice announces receipt of Cooper
Tire’s petition.
DATES: Send comments on or before
April 13, 2022.
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 the U.S. Department of
Transportation, Docket Operations, M–
SUMMARY:
PO 00000
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14323
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
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
docket. 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:
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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
I. Overview
Cooper Tire has determined that
certain Cooper Discoverer AT3 tubeless
radial light truck tires do not fully
comply with the requirements of
paragraph S.5.5.1 of FMVSS No. 139,
New Pneumatic Radial Tires for Light
Vehicles (49 CFR 571.139). Cooper Tire
filed a noncompliance report dated July
6, 2020, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Cooper Tire
subsequently petitioned NHTSA on July
31, 2020, and supplemented its petition
on May 28, 2021, 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, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential
Defect or Noncompliance.
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 the
petition.
II. Tires Involved
Approximately 271 Cooper Discoverer
AT3 tubeless radial light truck tires, size
LT 245/75R16, manufactured between
May 3, 2020, and May 31, 2020, are
potentially involved.
jspears on DSK121TN23PROD with NOTICES1
III. Noncompliance
Cooper Tire explains that the
noncompliance is that the subject tires
were manufactured having additional
characters representing the press
location inserted into the tire
identification number (TIN) and
therefore, do not meet the requirements
of paragraph S5.5.1 of FMVSS No. 139.
Specifically, the additional grouping of
characters representing the press
location are insterted before the date
code. The subject tires were
manufactured with ‘‘UT 11 1M1 V02R
1820,’’ when they should have been
manufactured with ‘‘UT 11 1M1 1820,’’
followed by V02R.
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No.
139 includes the requirements relevant
to this petition for tires having an
intended outboard sidewall. Each tire
must be labeled with the tire
identification number required by 49
CFR part 574 on the intended outboard
sidewall of the tire. 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
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optional code, must be labeled on the
other sidewall of the tire.
V. Summary of Cooper Tire’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of Cooper Tire’s Petition,’’ are the views
and arguments provided by Cooper Tire.
They have not been evaluated by the
Agency and do not reflect the views of
the Agency. Cooper Tire described the
subject noncompliance and stated their
belief that the noncompliance is
inconsequential as it relates to motor
vehicle safety.
In support of its petition, Cooper Tire
submitted the following reasoning:
1. Cooper Tire says that while the 271 tires
in the subject population contain an
additional grouping of letters/numbers before
the required date code on the intended
outboard sidewall, these tires are in all other
respects properly labeled and meet all
performance requirements under the
FMVSSs. The additional press location
grouping has no bearing on the performance
or operation of the tires 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 recycling industry.
2. Tires produced by manufacturers that
continue to use two-digit plant codes
(available through 2025) can have TINs that
vary in length depending on the use of the
optional brand name owner code. The
addition of the press location (V02R), while
incorrectly placed on the tire, will not cause
confusion for the consumer or dealer that is
selecting and mounting the tire. Consumers/
dealers will continue to see the date code
appear at the end of the series of letters and
numbers that begin with ‘‘DOT.’’ NHTSA’s
guidance states that ‘‘the last four digits of
the TIN show the week and year of
manufacture.’’ 1 That guidance is still
accurate here. Consumers and dealers will be
able to easily identify the date of
manufacture (week/year).
3. 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 TINs
with the additional press location grouping.
Any tires registered with that TIN will be
identified and recorded properly. This will
ensure that Cooper Tire is able to identify
these tires in the event they must be recalled.
4. Cooper states that NHTSA has granted
a number of previous inconsequentiality
petitions relating to out-of-order or
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
1 See NHSTA’s ‘‘Safety in Numbers,’’ June 2013,
Volume 1, Issue 3, available at https://
www.nhtsa.gov/nhtsa/Safety1nNum3ers/june2013/
9719_images/9719_S1N_Tires_Nwsltr_June13_
062713_v4_tag.pdf.
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safety-such as, a safety recall notice.’’ 2
Accordingly, Cooper states that 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.’’ 3
5. As a result, Cooper states that NHTSA
has granted petitions and found that TIN
noncompliance is inconsequential to safety
in cases where the TIN is out of sequence or
mislabeled. Cooper cited the following
examples:
a. 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).
b. 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’’).
c. Bridgestone/Firestone, Inc., Grant of
Application for Decision That
Noncompliance Is Inconsequential to Motor
Vehicle Safety, 66 FR 45076, August 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’’).
d. Bridgestone/Firestone, Inc.; Grant of
Application for Decision of Inconsequntial
Noncompliance, 64 FR 29080, May 28, 1999,
(granting petition where the wrong year was
marked in date code on the tires).
e. Cooper Tire & Rubber Company; Grant
of Application for Decision of
Inconsequential Noncompliance, 63 FR
29059, May 27, 1998, (granting petition
where date code was missing where tires had
a unique TIN for recall purposes).
f. Bridgestone/Firestone, Inc.; Grant of
Application for Decision of Inconsequential
Noncompliance, 60 FR 57617, Nov. 16, 1995,
(granting petition where date code was out of
sequence).
g. Uniroyal Goodrich Tire Company; Grant
of Petition for Determination of
Inconsequential Noncompliance, 59 FR
64232, December 13, 1994, (granting petition
where week and year were mislabeled on
tires).
6. Cooper 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 to identify and recall them in the
event that any issues arise in the future.
7. Cooper Tire states that it has taken steps
over the last few years to add additional
checks in its processes to prevent TIN errors.
Cooper tire is undertaking additional process
2 See Bridgestone/Firestone, Inc.; Grant of
Application for Decision of Inconsequential
Noncompliance, 64 FR 29080 (May 28, 1999); see
also Cooper Tire & Rubber Company, Grant of
Application for Decision of Inconsequential
Noncompliance, 68 FR 16115 (April 2, 2003)
(same).
3 See Bridgestone/Firestone, Inc., Grant of
Application, 66 FR 45076 (Aug. 27, 2001).
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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
reviews at this time including measures such
as color coding portions of the mold,
makding software changes to remove manual
data entry, and adding additional visual
quality checks of the molds when
information is changed. Cooper Tire is also
reviewing its inspection processes to ensure
that any errors are identified earlier and/or
prevented before they occur.
Cooper Tire concluded by expressing
the belief that the subject
noncompliances are inconsequential as
they relate 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 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 buses 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022–05305 Filed 3–11–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
jspears on DSK121TN23PROD with NOTICES1
[Docket No. NHTSA–2019–0008; Notice 2]
Daimler Trucks North America, Grant
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
Daimler Trucks North
America (DTNA) has determined that
SUMMARY:
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17:51 Mar 11, 2022
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certain model year (MY) 2017–2019
Freightliner Cascadia motor vehicles do
not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
108, Lamps, Reflective Devices, and
Associated Equipment. DTNA filed a
noncompliance report dated January 16,
2019. DTNA subsequently petitioned
NHTSA on February 8, 2019, for a
decision that the subject noncompliance
is inconsequential as it relates to motor
vehicle safety. This document
announces the grant of DTNA’s petition.
FOR FURTHER INFORMATION CONTACT:
Leroy Angeles, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (202) 366–5304, leroy.angles@
dot.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
DTNA has determined that certain
MY 2017–2019 Freightliner Cascadia
motor vehicles do not fully comply with
paragraph S6.2.1 of FMVSS No. 108,
Lamps, Reflective Devices, and
Associated Equipment (49 CFR
571.108). DTNA filed a noncompliance
report dated January 16, 2019, pursuant
to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports. DTNA subsequently petitioned
NHTSA on February 8, 2019, 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 pursuant
to 49 U.S.C. 30118(d) and 30120(h) and
49 CFR part 556, Exemption for
Inconsequential Defect or
Noncompliance.
Notice of receipt of DTNA’s petition
was published with a 30-day public
comment period, on February 27, 2020,
in the Federal Register (85 FR 11450).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) website at
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2019–
0008.’’
II. Trucks Involved
Approximately 74,675 MY 2017–2019
Freightliner Cascadia motor vehicles,
manufactured between May 3, 2016, and
December 17, 2018, are potentially
involved.
III. Noncompliance
DTNA described the noncompliance
as automatic illumination of the stop
lamps when the low air pressure
warning indicator light illuminates.
Since low air pressure does not
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14325
necessarily activate the brakes or result
in braking without driver intervention,
this activation of the stop lamps does
not meet the requirements of S6.2.1 of
FMVSS No. 108.
IV. Rule Requirements
Paragraph S6.2.1 of FMVSS No. 108
includes the requirements relevant to
this petition. No additional lamp,
reflective device, or other motor vehicle
equipment is permitted to be installed
that impairs the effectiveness of lighting
equipment required by FMVSS No. 108.
V. Summary of DTNA’s Petition
The following views and arguments
presented in this section, ‘‘V. Summary
of DTNA’s Petition,’’ are the views and
arguments provided by DTNA.
DTNA described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential
as it relates to motor vehicle safety.
DTNA submitted the following
background information on how their
air brake system affects the stop lamps:
DTNA’s air brake system is comprised
of two brake systems, primary and
secondary. The primary system controls
the service brakes on the drive axles,
and the secondary system controls the
service brakes on the steer axle, in
which the higher pressure of these two
controls the trailer service brakes. These
two systems are isolated from each other
so that if there is an air loss in one
system, the other system will still be
functional to control the vehicle service
brakes. When either one of the systems
drops below 70 psi, the low air warning
indicator light on the dash turns ON and
the stop lamps illuminate. However, if
this occurs, it does not mean that the
drive axle parking brakes being applied,
since the other brake system may still be
functional and keeping the brake from
applying. In such a situation, the air that
holds off the drive axle parking brakes
would be the higher pressure of either
primary or secondary air brake. In other
words, if the primary air brake pressure
falls below 70 psi, the indicator light
and stop lamps illuminate, but the
parking brakes do not start to drag since
the secondary air (presumably
unaffected) remains high and holds off
the parking springs. In the same
manner, the trailer parking brakes are
held off by the higher of either primary
or secondary air brake system. Only
when both air systems drop below about
70 psi will the trailer parking brakes
begin to apply.
DTNA submitted the following views
and arguments in support of the
petition:
1. The normal operating air pressure
of the vehicle is between 110 and 130
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Agencies
[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14323-14325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05305]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0083; 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 Discoverer AT3 tubeless radial light truck 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 July 6, 2020. Cooper subsequently petitioned
NHTSA on July 31, 2020, and supplemented its petition on May 28, 2021,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of
Cooper Tire's petition.
DATES: Send comments on or before April 13, 2022.
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 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.
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 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 docket. 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:
[[Page 14324]]
I. Overview
Cooper Tire has determined that certain Cooper Discoverer AT3
tubeless radial light truck tires do not fully comply with the
requirements of paragraph S.5.5.1 of FMVSS No. 139, New Pneumatic
Radial Tires for Light Vehicles (49 CFR 571.139). Cooper Tire filed a
noncompliance report dated July 6, 2020, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Cooper Tire
subsequently petitioned NHTSA on July 31, 2020, and supplemented its
petition on May 28, 2021, 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,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
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 the petition.
II. Tires Involved
Approximately 271 Cooper Discoverer AT3 tubeless radial light truck
tires, size LT 245/75R16, manufactured between May 3, 2020, and May 31,
2020, are potentially involved.
III. Noncompliance
Cooper Tire explains that the noncompliance is that the subject
tires were manufactured having additional characters representing the
press location inserted into the tire identification number (TIN) and
therefore, do not meet the requirements of paragraph S5.5.1 of FMVSS
No. 139. Specifically, the additional grouping of characters
representing the press location are insterted before the date code. The
subject tires were manufactured with ``UT 11 1M1 V02R 1820,'' when they
should have been manufactured with ``UT 11 1M1 1820,'' followed by
V02R.
IV. Rule Requirements
Paragraph S5.5.1(b) of FMVSS No. 139 includes the requirements
relevant to this petition for tires having an intended outboard
sidewall. Each tire must be labeled with the tire identification number
required by 49 CFR part 574 on the intended outboard sidewall of the
tire. 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.
V. Summary of Cooper Tire's Petition
The following views and arguments presented in this section, ``V.
Summary of Cooper Tire's Petition,'' are the views and arguments
provided by Cooper Tire. They have not been evaluated by the Agency and
do not reflect the views of the Agency. Cooper Tire described the
subject noncompliance and stated their belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, Cooper Tire submitted the following
reasoning:
1. Cooper Tire says that while the 271 tires in the subject
population contain an additional grouping of letters/numbers before
the required date code on the intended outboard sidewall, these
tires are in all other respects properly labeled and meet all
performance requirements under the FMVSSs. The additional press
location grouping has no bearing on the performance or operation of
the tires 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 recycling
industry.
2. Tires produced by manufacturers that continue to use two-
digit plant codes (available through 2025) can have TINs that vary
in length depending on the use of the optional brand name owner
code. The addition of the press location (V02R), while incorrectly
placed on the tire, will not cause confusion for the consumer or
dealer that is selecting and mounting the tire. Consumers/dealers
will continue to see the date code appear at the end of the series
of letters and numbers that begin with ``DOT.'' NHTSA's guidance
states that ``the last four digits of the TIN show the week and year
of manufacture.'' \1\ That guidance is still accurate here.
Consumers and dealers will be able to easily identify the date of
manufacture (week/year).
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\1\ See NHSTA's ``Safety in Numbers,'' June 2013, Volume 1,
Issue 3, available at https://www.nhtsa.gov/nhtsa/Safety1nNum3ers/june2013/9719_images/9719_S1N_Tires_Nwsltr_June13_062713_v4_tag.pdf.
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3. 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 TINs with the additional
press location grouping. Any tires registered with that TIN will be
identified and recorded properly. This will ensure that Cooper Tire
is able to identify these tires in the event they must be recalled.
4. Cooper states that NHTSA has granted a number of previous
inconsequentiality petitions relating to out-of-order or 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.'' \2\ Accordingly, Cooper states
that 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.'' \3\
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\2\ See Bridgestone/Firestone, Inc.; Grant of Application for
Decision of Inconsequential Noncompliance, 64 FR 29080 (May 28,
1999); see also Cooper Tire & Rubber Company, Grant of Application
for Decision of Inconsequential Noncompliance, 68 FR 16115 (April 2,
2003) (same).
\3\ See Bridgestone/Firestone, Inc., Grant of Application, 66 FR
45076 (Aug. 27, 2001).
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5. As a result, Cooper states that NHTSA has granted petitions
and found that TIN noncompliance is inconsequential to safety in
cases where the TIN is out of sequence or mislabeled. Cooper cited
the following examples:
a. 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).
b. 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'').
c. Bridgestone/Firestone, Inc., Grant of Application for
Decision That Noncompliance Is Inconsequential to Motor Vehicle
Safety, 66 FR 45076, August 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'').
d. Bridgestone/Firestone, Inc.; Grant of Application for
Decision of Inconsequntial Noncompliance, 64 FR 29080, May 28, 1999,
(granting petition where the wrong year was marked in date code on
the tires).
e. Cooper Tire & Rubber Company; Grant of Application for
Decision of Inconsequential Noncompliance, 63 FR 29059, May 27,
1998, (granting petition where date code was missing where tires had
a unique TIN for recall purposes).
f. Bridgestone/Firestone, Inc.; Grant of Application for
Decision of Inconsequential Noncompliance, 60 FR 57617, Nov. 16,
1995, (granting petition where date code was out of sequence).
g. Uniroyal Goodrich Tire Company; Grant of Petition for
Determination of Inconsequential Noncompliance, 59 FR 64232,
December 13, 1994, (granting petition where week and year were
mislabeled on tires).
6. Cooper 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
to identify and recall them in the event that any issues arise in
the future.
7. Cooper Tire states that it has taken steps over the last few
years to add additional checks in its processes to prevent TIN
errors. Cooper tire is undertaking additional process
[[Page 14325]]
reviews at this time including measures such as color coding
portions of the mold, makding software changes to remove manual data
entry, and adding additional visual quality checks of the molds when
information is changed. Cooper Tire is also reviewing its inspection
processes to ensure that any errors are identified earlier and/or
prevented before they occur.
Cooper Tire concluded by expressing the belief that the subject
noncompliances are inconsequential as they relate 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 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 buses 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-05305 Filed 3-11-22; 8:45 am]
BILLING CODE 4910-59-P