80 FR 64057 - Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range64057-64058
FR Document2015-26804

Cooper Tire & Rubber Company (Cooper), has determined that certain Cooper tires do not fully comply with paragraph S5.5.1(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Tires Radial Tires for Light Vehicles. Cooper has filed an appropriate report dated August 13, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64057-64058]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26804]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0091; 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.

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SUMMARY: Cooper Tire & Rubber Company (Cooper), has determined that 
certain Cooper tires do not fully comply with paragraph S5.5.1(b) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic 
Tires Radial Tires for Light Vehicles. Cooper has filed an appropriate 
report dated August 13, 2015, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is November 23, 
2015.

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 at the beginning 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 Deliver: 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 http://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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated above will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will

[[Page 64058]]

be considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) 
and 30120(h) (see implementing rule at 49 CFR part 556), Cooper 
submitted a petition for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    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: Affected are approximately 1,350 Cooper 
Weather-Master S/T2 size 215/70R15 tires manufactured between April 26, 
2015 and May 29, 2015.
    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. Specifically, the tires are labeled with manufacturer's 
identification mark ``U8'' instead of ``U9.''
    IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 requires in 
pertinent part:

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

    V. Summary of Cooper's Petition: Cooper states its belief that the 
subject noncompliance is inconsequential to motor vehicle safety 
because while the subject tires contain an incorrect manufacturer's 
identification mark on the inboard sidewall, the full and correct tire 
code (including the correct manufacturer's identification mark) is 
available on the intended outboard sidewall. In addition, Cooper stated 
that the tires are marked with the Cooper Weather-Master S/T2 brand 
name that is exclusively owned by Cooper Tire & Rubber Company.
    Cooper also indicated that it has taken the following steps to 
ensure proper registration of the subject tires:
    (a) Cooper has informed all internal personnel responsible for 
manual processing of tire registration cards about the ``U8'' issue so 
that cards containing the ``U8'' designation will be accepted and 
properly processed when all other information accurately identifies the 
subject tires. And, Cooper will follow up with the consumer seeking 
additional information by providing a prepaid response card.
    (b) Cooper is in the process of modifying its database to accept 
``U8'' when other information (brand, serial weeks affected etc.) is 
accurate.
    (c) Cooper has contacted Computerized Information and Management 
Services, Inc. (CIMS) so that tire registration cards will not be 
rejected solely due to improper plant code information.
    Cooper additionally informed NHTSA that on May 29, 2015 the 
incorrect mold was pulled and the stamping error that caused the 
subject noncompliance was corrected at that time.
    Refer to Coopers' petition for their complete reasoning and any 
associated illustrations. The petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
Web site at: http://www.regulations.gov/ and following the online 
search instructions to locate the docket number listed in the title of 
this notice.
    In summation, Cooper believes that the described noncompliance of 
the subject tires is inconsequential to motor vehicle safety, and that 
its petition, to exempt Cooper from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-26804 Filed 10-21-15; 8:45 am]
BILLING CODE 4910-59-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is November 23, 2015.
FR Citation80 FR 64057 

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