82 FR 17075 - Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range		17075-17076
FR Document		2017-06957

Cooper Tire & Rubber Company (Cooper), has determined that certain Mastercraft and Big O tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper filed a defect report dated May 24, 2016, and amended it on June 1, 2016. Cooper also petitioned NHTSA on June 21, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17075-17076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06957]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0072; Notice 2]


Cooper Tire & Rubber Company, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Cooper Tire & Rubber Company (Cooper), has determined that 
certain Mastercraft and Big O tires do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial 
Tires for Light Vehicles. Cooper filed a defect report dated May 24, 
2016, and amended it on June 1, 2016. Cooper also petitioned NHTSA on 
June 21, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Abraham 
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile 
(202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Cooper Tire & Rubber Company (Cooper), has determined 
that certain Mastercraft and Big O tires do not fully comply with 
paragraph S5.5(f) of Federal Motor Vehicle Safety Standard (FMVSS) No. 
139, New Pneumatic Radial Tires for Light Vehicles. Cooper filed a 
defect report dated May 24, 2016, and amended it on June 1, 2016, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Cooper also petitioned NHTSA on June 21, 2016, pursuant to 
49 U.S.C. 30118(d) and 30120(h) and their implementing regulations at 
49 CFR part 556, for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on August 3, 2016 in the Federal Register (81 FR 
51267). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2016-0072.''
    II. Tires Involved: Affected are 22,188 of the following tubeless 
radial tires manufactured between February 14, 2016, and April 30, 
2016:

 Mastercraft LSR Grand Touring size 215/60R16
 Mastercraft LSR Grand Touring size 225/60R16
 Big O Legacy Tour Plus size 215/60R16
 Big O Legacy Tour Plus size 225/60R16

    III. Noncompliance: Cooper explains that due to a mold error, the 
number of tread plies indicated on the sidewall of the subject tires 
does not match the actual number of plies in the tire construction. The 
tires are marked ``TREAD 1 PLY NYLON + 2 PLY STEEL + 2 PLY POLYESTER'' 
whereas the correct marking should be: ``TREAD 1 PLY NYLON + 2 PLY 
STEEL + 1 PLY POLYESTER.'' As a consequence, these tires do not meet 
the requirements specified in paragraph S5.5(f) of FMVSS No. 139.
    IV. Rule Text: Paragraph S5.5(f) of FMVSS No. 139 states, in 
pertinent part:

    S5.5 Tire Markings. Except as specified in paragraph (a) through 
(i) of S5.5, each tire must be marked on each sidewall with the 
information specified in S5.5(a) through (d) and on one sidewall 
with the information specified in S5.5(e) through (i) according to 
the phase-in schedule specified in S7 of this standard . . .
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different.

    V. Summary of Cooper's Petition: Cooper described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.

[[Page 17076]]

    In support of its petition, Cooper submitted the following 
information pertaining to the subject noncompliance:
    (a) Cooper states that the mislabeled number of plies indicated on 
the sidewalls has no impact on the operational performance or 
durability of the subject tires or on the safety of vehicles on which 
those tires are mounted. Cooper states that while the subject tires do 
not indicate the correct number of plies in the tread on the outboard 
side, they meet all other performance requirements under the Federal 
Motor Vehicle Safety Standards. Cooper notes that the number of plies 
in the tread does not impact the performance or operation of a tire and 
does not create a safety concern to either the operator of the vehicle 
on which the tires are mounted, or the safety of personnel in the tire 
repair, retread and recycle industry.
    (b) Cooper also states that the subject tires were built as 
designed and meet or exceed all performance requirements and testing 
requirements specified under FMVSS No. 139. Cooper states that the 
subject tires completed all Cooper Tire internal compliance testing 
criteria, including passing shipping certification testing in January 
2016. In addition, the 215/60R16, Mastercraft LRS Grand Touring, serial 
week 1116, passed all surveillance testing conducted in early March 
2016.
    (c) Cooper states that the stamping deviation occurred as a result 
of an administrative error when incorrect information was entered into 
Cooper Tire's electronic specification system at the corporate level. 
That system communicates information to the mold management system 
which in turn generates the construction stamping pocket plate. The 
electronic specification system incorrectly listed the specific tire 
sizes and brands as two-ply, when the tires were actually designed with 
an HPL construction or as having a single ply in the tread. The 
incorrect construction information was then engraved in the pocket 
plate and then installed in the affected molds.
    (d) Cooper states that it is not aware of any crashes, injuries, 
customer complaints, or field reports associated with the mislabeling.
    Cooper states that the mislabeling has been corrected at the 
corporate level and the pocket plates of the molds have been replaced, 
therefore, no additional tires will be manufactured or sold with the 
noncompliance. Cooper also states that it has conducted training with 
tire engineers at the corporate level responsible for inputting 
information into the electronic specification system on the importance 
of the information they are submitting.
    Cooper observed that NHTSA has previously granted inconsequential 
noncompliance petitions regarding noncompliances that are similar to 
the subject noncompliance.
    Cooper concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA's Decision

    NHTSA's Analysis: The agency agrees with Cooper that the 
noncompliance is inconsequential to motor vehicle safety. The agency 
believes that one measure of inconsequentiality to motor vehicle safety 
in this case is that there is no effect of the noncompliance on the 
operational safety of vehicles on which these tires are mounted. The 
safety of people working in the tire retread, repair and recycling 
industries must also be considered and is a measure of 
inconsequentiality.
    Although tire construction affects the strength and durability of 
tires, neither the agency nor the tire industry provides information 
relating tire strength and durability to the number of plies and types 
of ply cord material in the tread sidewall. Therefore, tire dealers and 
customers should consider the tire construction information along with 
other information such as the load capacity, maximum inflation 
pressure, and tread wear, temperature, and traction ratings, to assess 
performance capabilities of various tires. In the agency's judgement, 
the incorrect labeling of the tire construction information will have 
an inconsequential effect on motor vehicle safety because most 
consumers do not base tire purchases or vehicle operation parameters on 
the number of plies in a tire.
    The agency also believes the noncompliance will have no measureable 
effect on the safety of the tire retread, repair, and recycling 
industries. The use of steel cord construction in the sidewall and 
tread is the primary safety concern of these industries. In this case, 
since the tire sidewalls are marked correctly for the number of steel 
plies, this potential safety concern does not exist.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that Cooper has met its burden of persuasion that the subject FMVSS No. 
139 noncompliance in the affected tires is inconsequential to motor 
vehicle safety. Accordingly, Cooper's petition is hereby granted and 
Cooper is consequently exempted from the obligation of providing 
notification of, and a free remedy for, that noncompliance under 49 
U.S.C. 30118 and 30120.
    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, this decision 
only applies to the subject tires that Cooper no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of 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. 2017-06957 Filed 4-6-17; 8:45 am]
 BILLING CODE 4910-59-P

17076 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices

In support of its petition, Cooper on the importance of the information inconsequential to motor vehicle safety.
submitted the following information they are submitting. Accordingly, Cooper’s petition is hereby
pertaining to the subject Cooper observed that NHTSA has granted and Cooper is consequently
noncompliance: previously granted inconsequential exempted from the obligation of
(a) Cooper states that the mislabeled noncompliance petitions regarding providing notification of, and a free
number of plies indicated on the noncompliances that are similar to the remedy for, that noncompliance under
sidewalls has no impact on the subject noncompliance. 49 U.S.C. 30118 and 30120.
operational performance or durability of Cooper concluded by expressing the NHTSA notes that the statutory
the subject tires or on the safety of belief that the subject noncompliance is provisions (49 U.S.C. 30118(d) and
vehicles on which those tires are inconsequential as it relates to motor 30120(h)) that permit manufacturers to
mounted. Cooper states that while the vehicle safety, and that its petition to be file petitions for a determination of
subject tires do not indicate the correct exempted from providing notification of inconsequentiality allow NHTSA to
number of plies in the tread on the the noncompliance, as required by 49 exempt manufacturers only from the
outboard side, they meet all other U.S.C. 30118, and a remedy for the duties found in sections 30118 and
performance requirements under the noncompliance, as required by 49 30120, respectively, to notify owners,
Federal Motor Vehicle Safety Standards. U.S.C. 30120, should be granted. purchasers, and dealers of a defect or
Cooper notes that the number of plies in NHTSA’s Decision noncompliance and to remedy the
the tread does not impact the defect or noncompliance. Therefore, this
performance or operation of a tire and NHTSA’s Analysis: The agency agrees
decision only applies to the subject tires
does not create a safety concern to either with Cooper that the noncompliance is
that Cooper no longer controlled at the
the operator of the vehicle on which the inconsequential to motor vehicle safety.
time it determined that the
tires are mounted, or the safety of The agency believes that one measure of
noncompliance existed. However, the
personnel in the tire repair, retread and inconsequentiality to motor vehicle
granting of this petition does not relieve
recycle industry. safety in this case is that there is no
equipment distributors and dealers of
(b) Cooper also states that the subject effect of the noncompliance on the
the prohibitions on the sale, offer for
tires were built as designed and meet or operational safety of vehicles on which
sale, or introduction or delivery for
exceed all performance requirements these tires are mounted. The safety of
introduction into interstate commerce of
and testing requirements specified people working in the tire retread,
the noncompliant tires under their
under FMVSS No. 139. Cooper states repair and recycling industries must
control after Cooper notified them that
that the subject tires completed all also be considered and is a measure of
the subject noncompliance existed.
Cooper Tire internal compliance testing inconsequentiality.
criteria, including passing shipping Although tire construction affects the Authority: 49 U.S.C. 30118, 30120:
certification testing in January 2016. In strength and durability of tires, neither delegations of authority at 49 CFR 1.95 and
the agency nor the tire industry 501.8.
addition, the 215/60R16, Mastercraft
LRS Grand Touring, serial week 1116, provides information relating tire Jeffrey M. Giuseppe,
passed all surveillance testing strength and durability to the number of Director, Office of Vehicle Safety Compliance.
conducted in early March 2016. plies and types of ply cord material in [FR Doc. 2017–06957 Filed 4–6–17; 8:45 am]
(c) Cooper states that the stamping the tread sidewall. Therefore, tire
BILLING CODE 4910–59–P
deviation occurred as a result of an dealers and customers should consider
administrative error when incorrect the tire construction information along
information was entered into Cooper with other information such as the load DEPARTMENT OF TRANSPORTATION
Tire’s electronic specification system at capacity, maximum inflation pressure,
the corporate level. That system and tread wear, temperature, and National Highway Traffic Safety
communicates information to the mold traction ratings, to assess performance Administration
management system which in turn capabilities of various tires. In the
[Docket No. NHTSA–2016–0127; Notice 1]
generates the construction stamping agency’s judgement, the incorrect
pocket plate. The electronic labeling of the tire construction Toyota Motor Engineering &
specification system incorrectly listed information will have an Manufacturing North America, Inc.,
the specific tire sizes and brands as two- inconsequential effect on motor vehicle Receipt of Petition for Decision of
ply, when the tires were actually safety because most consumers do not Inconsequential Noncompliance
designed with an HPL construction or as base tire purchases or vehicle operation
having a single ply in the tread. The parameters on the number of plies in a AGENCY: National Highway Traffic
incorrect construction information was tire. Safety Administration (NHTSA),
then engraved in the pocket plate and The agency also believes the Department of Transportation (DOT).
then installed in the affected molds. noncompliance will have no ACTION: Receipt of petition.
(d) Cooper states that it is not aware measureable effect on the safety of the
of any crashes, injuries, customer tire retread, repair, and recycling SUMMARY: Toyota Motor Engineering &
complaints, or field reports associated industries. The use of steel cord Manufacturing North America, Inc., on
with the mislabeling. construction in the sidewall and tread is behalf of Toyota Motor Corporation
Cooper states that the mislabeling has the primary safety concern of these (collectively referred to as ‘‘Toyota’’),
been corrected at the corporate level and industries. In this case, since the tire has determined that certain model year
the pocket plates of the molds have been sidewalls are marked correctly for the (MY) 2016–2017 Lexus RX350 and
nlaroche on DSK30NT082PROD with NOTICES

replaced, therefore, no additional tires number of steel plies, this potential RX450H motor vehicles do not fully
will be manufactured or sold with the safety concern does not exist. comply with Federal Motor Vehicle
noncompliance. Cooper also states that NHTSA’S Decision: In consideration Safety Standard (FMVSS) No. 302,
it has conducted training with tire of the foregoing, NHTSA finds that Flammability of Interior Materials.
engineers at the corporate level Cooper has met its burden of persuasion Toyota filed a noncompliance
responsible for inputting information that the subject FMVSS No. 139 information report dated November 3,
into the electronic specification system noncompliance in the affected tires is 2016. Toyota also petitioned NHTSA on

VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1

Document Created: 2017-04-06 23:49:48
Document Modified: 2017-04-06 23:49:48

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		Grant of petition.
FR Citation		82 FR 17075

82 FR 17075 - Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration