81 FR 51269 - 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 149 (August 3, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 149 (August 3, 2016)
| Page Range | 51269-51270 | |
| FR Document | 2016-18307 |
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)] [Notices] [Pages 51269-51270] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18307] [[Page 51269]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0071; 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), has determined that certain MULTI-MILE Grand Tour LS passenger vehicle 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 filed a report dated May 24, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Cooper then petitioned NHTSA under 49 CFR part 556 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 September 2, 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 in the heading of this notice. DOT's complete Privacy Act Statement is available for review a Federal Register notice published on April 11, 2000, (65 FR 19477-78). SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their implementing regulations 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 as it relates to motor vehicle safety. This notice of receipt of Cooper's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. II. Tires Involved: Affected are approximately 37 Cooper Tire MULTI-MILE Grand Tour LS Size 205/70R15 Tubeless Radial Tires manufactured between March 24, 2016 and March 29, 2016. III. Noncompliance: Cooper explains that the noncompliance is that the outboard 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 the manufacturer's identification mark ``Y9,'' assigned to a manufacturing facility in P.T. Gadjah Tunggual, Kabupaten Tangerang, Jawa Barat, Indonesia, instead of ``U9,'' assigned to Cooper's manufacturing facility in Tupelo, Mississippi, where the tires were actually produced. 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 on account of the fact that while the subject tires contain an incorrect manufacturer's identification mark on the outboard sidewall, the full and correct tire code (including the correct manufacturer's identification mark) is available on the intended inboard sidewall. 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 incorrect manufacturer identification issue so that cards containing the ``Y9'' designation will be accepted and properly processed when all other information accurately identifies the subject tires. Additionally, consistent with its usual practices, whenever a tire registration card is submitted with inaccurate or incomplete information, Cooper sends a mailing to the consumer seeking additional information by providing a prepaid response card. (b) Cooper has also modified its database to accept ``Y9'' when other information (brand, serial weeks affected etc.) is accurate. [[Page 51270]] (c) Cooper has contacted Computerized Information and Management Services, Inc. (CIMS), a third-party vendor that collects and provides tire registration cards to Cooper, so that tire registration cards will not be rejected solely due to improper plant code information. Cooper also noted that while the subject tires are mislabeled on the outboard side, they meet all other performance requirements of the applicable standard. The company observed that plant code information 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 mounter of the safety of personnel in the tire repair, retread and recycle industry. Cooper also stated that on April 22, 2016 the incorrect mold that caused the stamping error was removed from production and replaced with a corrected plug, thereby eliminating the problem in future production. Please refer to Cooper's petition for its 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 as it relates to motor vehicle safety, and that its petition, to exempt Cooper from providing 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. 2016-18307 Filed 8-2-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 51269
DEPARTMENT OF TRANSPORTATION comments are submitted in hard copy Specifically, the tires are labeled with
form, please ensure that two copies are the manufacturer’s identification mark
National Highway Traffic Safety provided. If you wish to receive ‘‘Y9,’’ assigned to a manufacturing
Administration confirmation that comments you have facility in P.T. Gadjah Tunggual,
submitted by mail were received, please Kabupaten Tangerang, Jawa Barat,
[Docket No. NHTSA–2016–0071; Notice 1]
enclose a stamped, self-addressed Indonesia, instead of ‘‘U9,’’ assigned to
Cooper Tire & Rubber Company, postcard with the comments. Note that Cooper’s manufacturing facility in
Receipt of Petition for Decision of all comments received will be posted Tupelo, Mississippi, where the tires
Inconsequential Noncompliance without change to http:// were actually produced.
www.regulations.gov, including any IV. Rule Text: Paragraph S5.5.1 of
AGENCY: National Highway Traffic personal information provided. FMVSS No. 139 requires in pertinent
Safety Administration (NHTSA), The petition, supporting materials, part:
Department of Transportation (DOT). and all comments received before the S5.5.1 Tire Identification Number.
ACTION: Receipt of petition. close of business on the closing date . . .
indicated above will be filed in the (b) Tires manufactured on or after
SUMMARY: Cooper Tire & Rubber docket and will be considered. All September 1, 2009. Each tire must be labeled
Company (Cooper), has determined that comments and supporting materials with the tire identification number required
certain MULTI-MILE Grand Tour LS received after the closing date will also by 49 CFR part 574 on the intended outboard
passenger vehicle tires do not fully be filed and will be considered to the sidewall of the tire. Except for retreaded tires,
comply with paragraph S5.5.1(b) of extent possible. either the tire identification number or a
Federal Motor Vehicle Safety Standard partial tire identification number, containing
When the petition is granted or all characters in the tire identification
(FMVSS) No. 139, New Pneumatic Tires denied, notice of the decision will also number, except for the date code and, at the
Radial Tires for Light Vehicles. Cooper be published in the Federal Register discretion of the manufacturer, any optional
filed a report dated May 24, 2016, pursuant to the authority indicated at code, must be labeled on the other sidewall
pursuant to 49 CFR part 573, Defect and the end of this notice. of the tire. Except for retreaded tires, if a tire
Noncompliance Responsibility and All documents submitted to the does not have an intended outboard sidewall,
Reports. Cooper then petitioned NHTSA docket may be viewed by anyone at the the tire must be labeled with the tire
under 49 CFR part 556 for a decision address and times given above. The identification number required by 49 CFR
that the subject noncompliance is documents may also be viewed on the part 574 on one sidewall and with either the
inconsequential as it relates to motor tire identification number or a partial tire
Internet at http://www.regulations.gov identification number, containing all
vehicle safety. by following the online instructions for characters in the tire identification number
DATES: The closing date for comments accessing the dockets. The docket ID except for the date code and, at the discretion
on the petition is September 2, 2016. number for this petition is shown in the of the manufacturer, any optional code, on
ADDRESSES: Interested persons are heading of this notice. the other side wall.
invited to submit written data, views, DOT’s complete Privacy Act V. Summary of Cooper’s Petition:
and arguments on this petition. Statement is available for review a Cooper states its belief that the subject
Comments must refer to the docket and Federal Register notice published on noncompliance is inconsequential to
notice number cited in the title of this April 11, 2000, (65 FR 19477–78). motor vehicle safety on account of the
notice and be submitted by any of the SUPPLEMENTARY INFORMATION: I. fact that while the subject tires contain
following methods: Overview: Pursuant to 49 U.S.C. an incorrect manufacturer’s
• Mail: Send comments by mail 30118(d) and 30120(h) and their identification mark on the outboard
addressed to: U.S. Department of implementing regulations at 49 CFR part sidewall, the full and correct tire code
Transportation, Docket Operations, 556, Cooper submitted a petition for an (including the correct manufacturer’s
M–30, West Building Ground Floor, exemption from the notification and identification mark) is available on the
Room W12–140, 1200 New Jersey remedy requirements of 49 U.S.C. intended inboard sidewall.
Avenue SE., Washington, DC 20590. Chapter 301 on the basis that this Cooper also indicated that it has taken
• Hand Deliver: Deliver comments by noncompliance is inconsequential as it the following steps to ensure proper
hand to U.S. Department of relates to motor vehicle safety. registration of the subject tires:
Transportation, Docket Operations, This notice of receipt of Cooper’s (a) Cooper has informed all internal
M–30, West Building Ground Floor, petition is published under 49 U.S.C. personnel responsible for manual
Room W12–140, 1200 New Jersey 30118 and 30120 and does not represent processing of tire registration cards
Avenue SE., Washington, DC 20590. any agency decision or other exercise of about the incorrect manufacturer
The Docket Section is open on judgment concerning the merits of the identification issue so that cards
weekdays from 10 a.m. to 5 p.m. except petition. containing the ‘‘Y9’’ designation will be
Federal Holidays. II. Tires Involved: Affected are accepted and properly processed when
• Electronically: Submit comments approximately 37 Cooper Tire MULTI– all other information accurately
electronically by logging onto the MILE Grand Tour LS Size 205/70R15 identifies the subject tires. Additionally,
Federal Docket Management System Tubeless Radial Tires manufactured consistent with its usual practices,
(FDMS) Web site at http:// between March 24, 2016 and March 29, whenever a tire registration card is
www.regulations.gov/. Follow the online 2016. submitted with inaccurate or
asabaliauskas on DSK3SPTVN1PROD with NOTICES
instructions for submitting comments. III. Noncompliance: Cooper explains incomplete information, Cooper sends a
• Comments may also be faxed to that the noncompliance is that the mailing to the consumer seeking
(202) 493–2251. outboard sidewalls of the subject tires additional information by providing a
Comments must be written in the are labeled with an incorrect prepaid response card.
English language, and be no greater than manufacturer’s identification mark and (b) Cooper has also modified its
15 pages in length, although there is no therefore do not fully meet all database to accept ‘‘Y9’’ when other
limit to the length of necessary applicable requirements of paragraph information (brand, serial weeks
attachments to the comments. If S5.5.1(b) of FMVSS No. 139. affected etc.) is accurate.
VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1](https://thefederalregister.org/doc/81_FR_51418/page/1.svg)
![51270 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices
(c) Cooper has contacted NHTSA notes that the statutory ACTION:Notice, list of applications
Computerized Information and provisions (49 U.S.C. 30118(d) and delayed more than 180 days.
Management Services, Inc. (CIMS), a 30120(h)) that permit manufacturers to
third-party vendor that collects and file petitions for a determination of SUMMARY: In accordance with the
provides tire registration cards to inconsequentiality allow NHTSA to requirements of 49 U.S.C. 5117(c),
Cooper, so that tire registration cards exempt manufacturers only from the PHMSA is publishing the following list
will not be rejected solely due to duties found in sections 30118 and of special permit applications that have
improper plant code information. 30120, respectively, to notify owners, been in process for 180 days or more.
Cooper also noted that while the purchasers, and dealers of a defect or The reason(s) for delay and the expected
subject tires are mislabeled on the noncompliance and to remedy the completion date for action on each
outboard side, they meet all other defect or noncompliance. Therefore, any application is provided in association
performance requirements of the decision on this petition only applies to with each identified application.
applicable standard. The company the subject tires that Cooper no longer FOR FURTHER INFORMATION CONTACT:
observed that plant code information controlled at the time it determined that Ryan Paquet, Director, Office of
has no bearing on the performance or the noncompliance existed. However, Hazardous Materials Special Permits
operation of a tire and does not create any decision on this petition does not and Approvals, Pipeline and Hazardous
a safety concern to either the operator of relieve equipment distributors and Materials Safety Administration, U.S.
the vehicle on which the tires are dealers of the prohibitions on the sale, Department of Transportation, East
mounter of the safety of personnel in the offer for sale, or introduction or delivery Building, PHH–30, 1200 New Jersey
tire repair, retread and recycle industry. for introduction into interstate Avenue Southeast, Washington, DC
Cooper also stated that on April 22, commerce of the noncompliant tires 20590–0001, (202) 366–4535.
2016 the incorrect mold that caused the under their control after Cooper notified
stamping error was removed from Key to ‘‘Reason for Delay’’
them that the subject noncompliance
production and replaced with a existed. 1. Awaiting additional information from
corrected plug, thereby eliminating the applicant
problem in future production. Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and 2. Extensive public comment under
Please refer to Cooper’s petition for its review
501.8,
complete reasoning and any associated 3. Application is technically complex
illustrations. The petition and all Jeffrey M. Giuseppe, and is of significant impact or
supporting documents are available by Director, Office of Vehicle Safety Compliance. precedent-setting and requires
logging onto the Federal Docket [FR Doc. 2016–18307 Filed 8–2–16; 8:45 am] extensive analysis
Management System (FDMS) Web site
BILLING CODE 4910–59–P 4. Staff review delayed by other priority
at: http://www.regulations.gov/ and
issues or volume of special permit
following the online search instructions
applications
to locate the docket number listed in the DEPARTMENT OF TRANSPORTATION
title of this notice. Meaning of Application Number
In summation, Cooper believes that Pipeline and Hazardous Materials Suffixes
the described noncompliance of the Safety Administration N—New application
subject tires is inconsequential as it
M—Modification request
relates to motor vehicle safety, and that List of Applications Delayed More
its petition, to exempt Cooper from R—Renewal Request
Than 180 Days
providing notification of the P—Party To Exemption Request
noncompliance, as required by 49 AGENCY: Office of Hazardous Materials Issued in Washington, DC, on July 19,
U.S.C. 30118, and remedying the Safety, Pipeline and Hazardous 2016.
noncompliance, as required by 49 Materials Safety Administration Donald Burger,
U.S.C. 30120, should be granted. (PHMSA), DOT. Chief, General Approvals and Permits.
Reason for Estimated date
Application No. Applicant delay of completion
Modification to Special Permits
13173–M ............ Luxfer Canada Limited, Calgary, AB ........................................................................................................................ 4 08–10–2016
13192–M ............ Thomas Gray & Associates, Inc., Orange, CA ......................................................................................................... 4 07–31–2016
15537–M ............ Alaska Pacific Powder Company, Watkins, CO ....................................................................................................... 4 07–31–2016
7607–M .............. Thermo Fisher Scientific, Franklin, MA ..................................................................................................................... 4 07–31–2016
15610–M ............ TechKnowServ Corp., State College, PA ................................................................................................................. 4 07–31–2016
New Special Permit Applications
asabaliauskas on DSK3SPTVN1PROD with NOTICES
16615–N ............ Special Devices, Incorporated, Simi Valley, CA ....................................................................................................... 4 07–31–2016
16559–N ............ HTEC Hydrogen Technology & Energy Corporation, North Vancouver, BC Canada .............................................. 4 07–30–2016
16524–N ............ Quantum Fuel Systems Technologies Worldwide, Inc., Lake Forest, CA ............................................................... 4 07–15–2016
15767–N ............ Union Pacific Railroad Company, Omaha, NE ......................................................................................................... 3 07–31–2016
16620–N ............ Westeel Canada Inc., Winnipeg, Canada ................................................................................................................. 4 07–31–2016
Party to Special Permits Application
12412–P ............ Seaco Technologies, Inc., Bakersfield, CA .............................................................................................................. 4 07–31–2016
VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1](https://thefederalregister.org/doc/81_FR_51418/page/2.svg)
Document Created: 2016-08-02 23:43:49
Document Modified: 2016-08-02 23:43:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is September 2, 2016. | |
| FR Citation | 81 FR 51269 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR