81_FR_16326 81 FR 16268 - Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance

81 FR 16268 - Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range16268-16269
FR Document2016-06730

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

Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016) 
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16268-16269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06730]



[[Page 16268]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0002; 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 
radial tires for light vehicles. Cooper filed a report dated January 8, 
2016, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Cooper then petitioned NHTSA under 49 CFR 
part 556 requesting a decision that the subject noncompliance is 
inconsequential to motor vehicle safety.

DATES: The closing date for comments on the petition is April 25, 2016.

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 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 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 http://www.regulations.gov, including any personal information 
provided.
    The petition, supporting materials, and all comments 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 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 documents 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 http://www.regulations.gov by following the online 
instructions for accessing the dockets. The docket ID number for this 
petition is shown at the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in the 
Federal Register published on April 11, 2000, (65 FR 19477-78).

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 338 Cooper 
Discoverer A/T3 size 265/70R18 Standard Load Tubeless Radial tires that 
were manufactured between September 27, 2015 and October 3, 2015.
    III. Noncompliance: Cooper explains that the DOT serial week and 
year appears upside down and backwards in the tire identification 
number (TIN) molded into the outboard sidewalls of the subject tires 
and those tires therefore do not meet the requirements specified in 
paragraph S5.5.1 of FMVSS No. 139.
    IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 requires in 
pertinent part:

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

    V. Summary of Cooper's Petition: Cooper believes that this 
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Cooper submitted the following 
information and analysis of the subject noncompliance:
    1. Cooper cited paragraph S5.5.1(b) of FMVSS No. 139, which 
requires tires manufactured on or after September 1, 2009 to be labeled 
with the TIN required by 49 CFR part 574 on the intended outboard 
sidewall of the tire.
    2. Cooper also noted that 49 CFR 574.5 states that ``[e]ach tire 
manufacturer shall conspicuously label on one sidewall of each tire it 
manufactures . . . a tire identification number containing the 
information set forth in paragraphs (a) through (d) of this section.'' 
The company further noted that 49 CFR 574.5(d) specifies that ``[t]he 
fourth grouping, consisting of four numerical symbols, must identify 
the week and year of manufacture,'' with the first two symbols 
identifying the week and the last two identifying the year.
    3. Cooper stated that the subject tires, on the outboard side only, 
were molded with an upside down and backwards DOT serial week and year. 
The serial number stamping should read: ``DOT UPH4 1A6 3915.'' The 
outboard side, which includes the date code, was molded with the date 
code information oriented incorrectly upside down and backwards, which 
resulted in the characters being out of proper sequence.
    4. Cooper explained that the existence of the stamping error was 
determined by visual examination of a subject tire on October 21, 2015 
by warehouse personnel in Grand Prairie, TX. Upon further 
investigation, it was determined that only tires cured in one press

[[Page 16269]]

location (E10L) during one production week (3915) were affected. Tires 
with the same SKU code were also curing in another press (Z11L), but 
these tires were stamped correctly. Cooper stated that sorting of its 
internal inventories revealed that for curing press E10L, during DOT 
serial week 3915, there was a total net cure of 518 tires, of which 180 
tires have been accounted for in its warehouse. There were 338 tires 
distributed. Cooper made the final determination that a noncompliance 
exists as to those 338 tires on January 6, 2015.
    5. Cooper states that the 338 subject tires do meet and/or exceed 
all performance requirements and all other labeling and marking 
requirements of FMVSS No. 139.
    Furthermore, Cooper is not aware of any crashes, injuries, customer 
complaints, or field reports associated with the subject tires.
    Cooper has informed NHTSA that the subject tires located in its 
inventory count reconciliation have been returned to the company's 
Findlay, OH plant, where they will be corrected prior to being released 
for sale.
    In summation, Cooper believes that the described noncompliance is 
inconsequential to motor vehicle safety, and that its petition, to 
exempt Cooper from providing recall notification of the noncompliance, 
as required by 49 U.S.C. 30118, and remedying the noncompliance, as 
required by 49 U.S.C. 30120, should be granted.
    NHTSA 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. 2016-06730 Filed 3-24-16; 8:45 am]
 BILLING CODE 4910-59-P

16268 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices DEPARTMENT OF TRANSPORTATION provided. If you wish to receive S5.5.1 Tire Identification Number. confirmation that comments you have . . . National Highway Traffic Safety submitted by mail were received, please (b) Tires manufactured on or after Administration September 1, 2009. Each tire must be labeled enclose a stamped, self-addressed with the tire identification number required [Docket No. NHTSA–2016–0002; Notice 1] postcard with the comments. Note that by 49 CFR part 574 on the intended outboard all comments received will be posted sidewall of the tire. Except for retreaded tires, Cooper Tire & Rubber Company, without change to http:// either the tire identification number or a Receipt of Petition for Decision of www.regulations.gov, including any partial tire identification number, containing Inconsequential Noncompliance personal information provided. all characters in the tire identification The petition, supporting materials, number, except for the date code and, at the AGENCY: National Highway Traffic and all comments received before the discretion of the manufacturer, any optional Safety Administration (NHTSA), close of business on the closing date code, must be labeled on the other sidewall Department of Transportation (DOT). of the tire. Except for retreaded tires, if a tire indicated above will be filed in the does not have an intended outboard sidewall, ACTION: Receipt of petition. docket and will be considered. All the tire must be labeled with the tire comments and supporting materials identification number required by 49 CFR SUMMARY: Cooper Tire & Rubber received after the closing date will also part 574 on one sidewall and with either the Company (Cooper), has determined that be filed and will be considered to the tire identification number or a partial tire certain Cooper tires do not fully comply extent possible. identification number, containing all with paragraph S5.5.1(b) of Federal When the petition is granted or characters in the tire identification number Motor Vehicle Safety Standard (FMVSS) denied, notice of the decision will also except for the date code and, at the discretion No. 139, New pneumatic radial tires for be published in the Federal Register of the manufacturer, any optional code, on light vehicles. Cooper filed a report pursuant to the authority indicated at the other side wall. dated January 8, 2016, pursuant to 49 the end of this notice. V. Summary of Cooper’s Petition: CFR part 573, Defect and All documents submitted to the Cooper believes that this Noncompliance Responsibility and docket may be viewed by anyone at the noncompliance is inconsequential as it Reports. Cooper then petitioned NHTSA address and times given above. The relates to motor vehicle safety. under 49 CFR part 556 requesting a documents may also be viewed on the In support of its petition, Cooper decision that the subject noncompliance Internet at http://www.regulations.gov submitted the following information is inconsequential to motor vehicle by following the online instructions for and analysis of the subject safety. accessing the dockets. The docket ID noncompliance: number for this petition is shown at the 1. Cooper cited paragraph S5.5.1(b) of DATES: The closing date for comments FMVSS No. 139, which requires tires heading of this notice. on the petition is April 25, 2016. DOT’s complete Privacy Act manufactured on or after September 1, ADDRESSES: Interested persons are Statement is available for review in the 2009 to be labeled with the TIN required invited to submit written data, views, Federal Register published on April 11, by 49 CFR part 574 on the intended and arguments on this petition. 2000, (65 FR 19477–78). outboard sidewall of the tire. Comments must refer to the docket and SUPPLEMENTARY INFORMATION: 2. Cooper also noted that 49 CFR notice number cited in the title of this I. Overview: Pursuant to 49 U.S.C. 574.5 states that ‘‘[e]ach tire notice and be submitted by any of the 30118(d) and 30120(h) (see manufacturer shall conspicuously label following methods: implementing rule at 49 CFR part 556), on one sidewall of each tire it • Mail: Send comments by mail Cooper submitted a petition for an manufactures . . . a tire identification addressed to: U.S. Department of exemption from the notification and number containing the information set Transportation, Docket Operations, M– remedy requirements of 49 U.S.C. forth in paragraphs (a) through (d) of 30, West Building Ground Floor, Room Chapter 301 on the basis that this this section.’’ The company further W12–140, 1200 New Jersey Avenue SE., noncompliance is inconsequential to noted that 49 CFR 574.5(d) specifies that Washington, DC 20590. motor vehicle safety. ‘‘[t]he fourth grouping, consisting of • Hand Deliver: Deliver comments by This notice of receipt of Cooper’s four numerical symbols, must identify hand to U.S. Department of petition is published under 49 U.S.C. the week and year of manufacture,’’ Transportation, Docket Operations, M– 30118 and 30120 and does not represent with the first two symbols identifying 30, West Building Ground Floor, Room any agency decision or other exercise of the week and the last two identifying W12–140, 1200 New Jersey Avenue SE., judgment concerning the merits of the the year. Washington, DC 20590. The Docket petition. 3. Cooper stated that the subject tires, Section is open on weekdays from 10 II. Tires Involved: Affected are on the outboard side only, were molded a.m. to 5 p.m. except Federal Holidays. approximately 338 Cooper Discoverer with an upside down and backwards • Electronically: Submit comments A/T3 size 265/70R18 Standard Load DOT serial week and year. The serial electronically by logging onto the Tubeless Radial tires that were number stamping should read: ‘‘DOT Federal Docket Management System manufactured between September 27, UPH4 1A6 3915.’’ The outboard side, (FDMS) Web site at http:// 2015 and October 3, 2015. which includes the date code, was www.regulations.gov/. Follow the online III. Noncompliance: Cooper explains molded with the date code information instructions for submitting comments. that the DOT serial week and year oriented incorrectly upside down and Comments may also be faxed to (202) appears upside down and backwards in backwards, which resulted in the asabaliauskas on DSK3SPTVN1PROD with NOTICES 493–2251. the tire identification number (TIN) characters being out of proper sequence. Comments must be written in the molded into the outboard sidewalls of 4. Cooper explained that the existence English language, and be no greater than the subject tires and those tires therefore of the stamping error was determined by 15 pages in length, although there is no do not meet the requirements specified visual examination of a subject tire on limit to the length of necessary in paragraph S5.5.1 of FMVSS No. 139. October 21, 2015 by warehouse attachments to the comments. If IV. Rule Text: Paragraph S5.5.1 of personnel in Grand Prairie, TX. Upon comments are submitted in hard copy FMVSS No. 139 requires in pertinent further investigation, it was determined form, please ensure that two copies are part: that only tires cured in one press VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1

Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices 16269 location (E10L) during one production Authority: 49 U.S.C. 30118, 30120: instructions for submitting comments. week (3915) were affected. Tires with delegations of authority at 49 CFR 1.95 and Comments may also be faxed to (202) the same SKU code were also curing in 501.8. 493–2251. another press (Z11L), but these tires Jeffrey M. Giuseppe, Comments must be written in the were stamped correctly. Cooper stated Director, Office of Vehicle Safety Compliance. English language, and be no greater than that sorting of its internal inventories [FR Doc. 2016–06730 Filed 3–24–16; 8:45 am] 15 pages in length, although there is no revealed that for curing press E10L, limit to the length of necessary BILLING CODE 4910–59–P during DOT serial week 3915, there was attachments to the comments. If a total net cure of 518 tires, of which comments are submitted in hard copy 180 tires have been accounted for in its DEPARTMENT OF TRANSPORTATION form, please ensure that two copies are warehouse. There were 338 tires provided. If you wish to receive distributed. Cooper made the final National Highway Traffic Safety confirmation that comments you have Administration submitted by mail were received, please determination that a noncompliance enclose a stamped, self-addressed exists as to those 338 tires on January [Docket No. NHTSA–2016–0003; Notice 1] postcard with the comments. Note that 6, 2015. all comments received will be posted Continental Tire the Americas, LLC, 5. Cooper states that the 338 subject without change to http:// Receipt of Petition for Decision of tires do meet and/or exceed all Inconsequential Noncompliance www.regulations.gov, including any performance requirements and all other personal information provided. labeling and marking requirements of AGENCY: National Highway Traffic The petition, supporting materials, FMVSS No. 139. Safety Administration (NHTSA), and all comments received before the Furthermore, Cooper is not aware of Department of Transportation (DOT). close of business on the closing date any crashes, injuries, customer ACTION: Receipt of petition. indicated above will be filed in the docket and will be considered. All complaints, or field reports associated SUMMARY: Continental Tire the comments and supporting materials with the subject tires. Americas, LLC (CTA), has determined received after the closing date will also Cooper has informed NHTSA that the that certain CTA tires do not fully be filed and will be considered to the subject tires located in its inventory comply with paragraph S5.5(f) of extent possible. count reconciliation have been returned Federal Motor Vehicle Safety Standard When the petition is granted or to the company’s Findlay, OH plant, (FMVSS) No. 139 New Pneumatic denied, notice of the decision will also where they will be corrected prior to Radial Tires for Light Vehicles. CTA be published in the Federal Register being released for sale. filed a report dated December 11, 2015, pursuant to the authority indicated at pursuant to 49 CFR part 573, Defect and the end of this notice. In summation, Cooper believes that Noncompliance Responsibility and the described noncompliance is All documents submitted to the Reports. CTA then petitioned NHTSA docket may be viewed by anyone at the inconsequential to motor vehicle safety, under 49 CFR part 556 requesting a address and times given above. The and that its petition, to exempt Cooper decision that the subject noncompliance documents may also be viewed on the from providing recall notification of the is inconsequential to motor vehicle Internet at http://www.regulations.gov noncompliance, as required by 49 safety. by following the online instructions for U.S.C. 30118, and remedying the accessing the dockets. The docket ID DATES: The closing date for comments noncompliance, as required by 49 number for this petition is shown in the on the petition is April 25, 2016. U.S.C. 30120, should be granted. heading of this notice. ADDRESSES: Interested persons are NHTSA notes that the statutory invited to submit written data, views, DOT’s complete Privacy Act provisions (49 U.S.C. 30118(d) and and arguments regarding this petition. Statement is available for review in the 30120(h)) that permit manufacturers to Comments must refer to the docket and Federal Register published on April 11, file petitions for a determination of notice number cited in the title of this 2000, (65 FR 19477–78). inconsequentiality allow NHTSA to notice and be submitted by any of the SUPPLEMENTARY INFORMATION: exempt manufacturers only from the following methods: I. Overview: Pursuant to 49 U.S.C. duties found in sections 30118 and • Mail: Send comments by mail 30118(d) and 30120(h) (see 30120, respectively, to notify owners, addressed to U.S. Department of implementing regulations at 49 CFR part purchasers, and dealers of a defect or Transportation, Docket Operations, 556), CTA submitted a petition for an noncompliance and to remedy the M–30, West Building Ground Floor, exemption from the notification and defect or noncompliance. Therefore, any Room W12–140, 1200 New Jersey remedy requirements of 49 U.S.C. decision on this petition only applies to Avenue SE., Washington, DC 20590. Chapter 301 on the basis that this the subject tires that Cooper no longer • Hand Deliver: Deliver comments by noncompliance is inconsequential to controlled at the time it determined that hand to U.S. Department of motor vehicle safety. the noncompliance existed. However, Transportation, Docket Operations, This notice of receipt of CTA’s any decision on this petition does not M–30, West Building Ground Floor, petition is published under 49 U.S.C. relieve equipment distributors and Room W12–140, 1200 New Jersey 30118 and 30120 and does not represent Avenue SE., Washington, DC 20590. any agency decision or other exercise of asabaliauskas on DSK3SPTVN1PROD with NOTICES dealers of the prohibitions on the sale, The Docket Section is open on judgment concerning the merits of the offer for sale, or introduction or delivery weekdays from 10 a.m. to 5 p.m. except petition. for introduction into interstate Federal Holidays. II. Tires Involved: Affected are commerce of the noncompliant tires • Electronically: Submit comments approximately 1,800 General Tire brand under their control after Cooper notified electronically by logging onto the Grabber size LT265/75R16 112/109 Q them that the subject noncompliance Federal Docket Management System LRC tires that were manufactured existed. (FDMS) Web site at http:// between December 10, 2010 and www.regulations.gov/. Follow the online September 9, 2013. VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\25MRN1.SGM 25MRN1


Document Created: 2018-02-02 15:17:32
Document Modified: 2018-02-02 15:17:32
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 April 25, 2016.
FR Citation81 FR 16268 
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