82_FR_17578 82 FR 17510 - Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 17510 - 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 68 (April 11, 2017)

Page Range17510-17511
FR Document2017-07169

Cooper Tire & Rubber Company (Cooper), has determined that certain MULTI-MILE Grand Tour LS passenger vehicle tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Tires Radial Tires for Light Vehicles. Cooper filed a defect report dated May 24, 2016. Cooper also petitioned NHTSA on June 8, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 68 (Tuesday, April 11, 2017) 
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17510-17511]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07169]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0071; 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 MULTI-MILE Grand Tour LS passenger vehicle tires do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New 
Pneumatic Tires Radial Tires for Light Vehicles. Cooper filed a defect 
report dated May 24, 2016. Cooper also petitioned NHTSA on June 8, 
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 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 defect report dated May 24, 2016, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
    Cooper petitioned NHTSA on June 8, 2016, pursuant to 49 U.S.C. 
30118(d) and 30120(h) and 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 
51269). 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-2016-0071.''
    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.
    (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 only 
with the plant code on the outboard side, they meet all other 
performance requirements of the applicable standard. The company 
observed that plant code

[[Page 17511]]

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 mounted or the safety of personnel in 
the tire repair, retread and recycle industry. Cooper also stated that 
on March 29, 2016 the incorrect mold was taken out of service and has 
not been used since.
    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'S DECISION:
    NHTSA'S Analysis:
    In this case, the agency believes that one measure of 
inconsequentiality to motor vehicle safety is that there is no effect 
of the noncompliance on the operational safety of the vehicles on which 
these tires are mounted. Cooper certified and stated that the subject 
tires meet and/or exceed all performance requirements and all other 
labeling markings required by FMVSS No. 139, and therefore NHTSA has no 
reason to believe that there are any operational safety issues for 
these tires.
    Second, the agency believes it is necessary that consumers be able 
to readily identify the tire manufacturer for safety reasons. Cooper 
explained that while the tire identification number (TIN) on the 
outboard sidewall of the subject tires is marked with the incorrect 
manufacturer's identification mark (known in the industry as ``plant 
code'') ``Y9,'' instead of the correct code ``U9'', the information 
which identifies the correct manufacturer's identification mark, is 
properly marked on the inboard sidewall. These tires can also be 
identified by the Cooper brand name and by the tire size marked on the 
sidewall of the subject tires.
    Third, NHTSA recognizes that Cooper took steps to prevent the 
possibility that customers would not be able to register their tires 
because those tires have the incorrect manufacturer's identification 
mark on them. Cooper worked with CIMS (Computerized Information and 
Management Services), Inc., to ensure that the registration database 
could accept the registration regardless of the incorrect code.
    Finally, Cooper informed the agency that in an effort to prevent 
reoccurrence of this noncompliance, they have implemented a change to 
their support software. Specifically, the selection of the plant code 
is no longer manual, but rather selected from a drop down menu with 
only one choice ``U9.'' NHTSA feels that this is important to ensure 
this noncompliance is corrected on all of Cooper's future production 
tires since the cumulative effect of recurring noncompliances could 
result in a safety problem.
    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, the subject 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 on 
this petition 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. 2017-07169 Filed 4-10-17; 8:45 am]
 BILLING CODE 4910-59-P

17510 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices h. Steering wheel components, ADDRESSES: For further information on (b) Tires manufactured on or after including the clock spring this decision contact Abraham Diaz, September 1, 2009. Each tire must be labeled assembly, the steering column, and Office of Vehicle Safety Compliance, the with the tire identification number required all connecting components National Highway Traffic Safety by 49 CFR part 574 on the intended outboard i. Instrument panel sidewall of the tire. Except for retreaded tires, Administration (NHTSA), telephone either the tire identification number or a j. Instrument panel support structure (202) 366–5310, facsimile (202) 366– partial tire identification number, containing (i.e. cross beam) 5930. all characters in the tire identification k. Occupant sensing and classification number, except for the date code and, at the systems, including sensors and SUPPLEMENTARY INFORMATION: I. Overview: Cooper Tire & Rubber discretion of the manufacturer, any optional processors code, must be labeled on the other sidewall l. Restraint control modules Company (Cooper), has determined that of the tire. Except for retreaded tires, if a tire m. Passenger air bag status indicator certain MULTI–MILE Grand Tour LS does not have an intended outboard sidewall, light system, including related passenger vehicle tires do not fully the tire must be labeled with the tire display components and wiring comply with paragraph S5.5.1(b) of identification number required by 49 CFR n. Wiring harnesses between the Federal Motor Vehicle Safety Standard part 574 on one sidewall and with either the restraint control module, occupant (FMVSS) No. 139, New Pneumatic Tires tire identification number or a partial tire classification system and restraint Radial Tires for Light Vehicles. Cooper identification number, containing all system components filed a defect report dated May 24, 2016, characters in the tire identification number o. Control system computer software pursuant to 49 CFR part 573, Defect and except for the date code and, at the discretion Noncompliance Responsibility and of the manufacturer, any optional code, on and firmware. the other side wall. All comments received before the Reports. close of business on the closing date Cooper petitioned NHTSA on June 8, V. Summary of Cooper’s Petition: indicated above will be considered, and 2016, pursuant to 49 U.S.C. 30118(d) Cooper states its belief that the subject will be available for examination in the and 30120(h) and 49 CFR part 556, for noncompliance is inconsequential to docket at the above addresses both an exemption from the notification and motor vehicle safety on account of the before and after that date. To the extent remedy requirements of 49 U.S.C. fact that while the subject tires contain possible, comments filed after the Chapter 301 on the basis that this an incorrect manufacturer’s closing date will also be considered. noncompliance is inconsequential as it identification mark on the outboard Notice of final action on the petition relates to motor vehicle safety. sidewall, the full and correct tire code will be published in the Federal Notice of receipt of the petition was (including the correct manufacturer’s Register pursuant to the authority published, with a 30-day public identification mark) is available on the indicated below. comment period, on August 3, 2016 in intended inboard sidewall. Authority: 49 U.S.C. 30141(a)(1)(A), the Federal Register (81 FR 51269). No Cooper also indicated that it has taken (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation comments were received. To view the the following steps to ensure proper of authority at 49 CFR 1.95 and 501.8. petition and all supporting documents registration of the subject tires: log onto the Federal Docket (a) Cooper has informed all internal Jeffrey M. Giuseppe, Management System (FDMS) Web site personnel responsible for manual Director, Office of Vehicle Safety Compliance. at: http://www.regulations.gov/. Then processing of tire registration cards [FR Doc. 2017–07162 Filed 4–10–17; 8:45 am] follow the online search instructions to about the incorrect manufacturer BILLING CODE 4910–59–P locate docket number ‘‘NHTSA–2016– identification issue so that cards 0071.’’ containing the ‘‘Y9’’ designation will be II. Tires Involved: Affected are accepted and properly processed when DEPARTMENT OF TRANSPORTATION approximately 37 Cooper Tire MULTI– all other information accurately MILE Grand Tour LS Size 205/70R15 identifies the subject tires. Additionally, National Highway Traffic Safety Tubeless Radial Tires manufactured consistent with its usual practices, Administration between March 24, 2016 and March 29, whenever a tire registration card is [Docket No. NHTSA–2016–0071; Notice 2] 2016. submitted with inaccurate or III. Noncompliance: Cooper explains incomplete information, Cooper sends a Cooper Tire & Rubber Company, Grant that the noncompliance is that the mailing to the consumer seeking of Petition for Decision of outboard sidewalls of the subject tires additional information by providing a Inconsequential Noncompliance are labeled with an incorrect prepaid response card. AGENCY: National Highway Traffic manufacturer’s identification mark and (b) Cooper has also modified its Safety Administration (NHTSA), therefore do not fully meet all database to accept ‘‘Y9’’ when other Department of Transportation (DOT). applicable requirements of paragraph information (brand, serial weeks ACTION: Grant of petition. S5.5.1(b) of FMVSS No. 139. affected etc.) is accurate. Specifically, the tires are labeled with (c) Cooper has contacted SUMMARY: Cooper Tire & Rubber the manufacturer’s identification mark Computerized Information and Company (Cooper), has determined that ‘‘Y9,’’ assigned to a manufacturing Management Services, Inc. (CIMS), a certain MULTI–MILE Grand Tour LS facility in P.T. Gadjah Tunggual, third-party vendor that collects and passenger vehicle tires do not fully Kabupaten Tangerang, Jawa Barat, provides tire registration cards to comply with Federal Motor Vehicle Indonesia, instead of ‘‘U9,’’ assigned to Cooper, so that tire registration cards Safety Standard (FMVSS) No. 139, New Cooper’s manufacturing facility in will not be rejected solely due to srobinson on DSK5SPTVN1PROD with NOTICES Pneumatic Tires Radial Tires for Light Tupelo, Mississippi, where the tires improper plant code information. Vehicles. Cooper filed a defect report were actually produced. Cooper also noted that while the dated May 24, 2016. Cooper also IV. Rule Text: Paragraph S5.5.1 of subject tires are mislabeled only with petitioned NHTSA on June 8, 2016, for FMVSS No. 139 requires in pertinent the plant code on the outboard side, a decision that the subject part: they meet all other performance noncompliance is inconsequential as it S5.5.1 Tire Identification Number. requirements of the applicable standard. relates to motor vehicle safety. * * * * * The company observed that plant code VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1

Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17511 information has no bearing on the Management Services), Inc., to ensure DEPARTMENT OF TRANSPORTATION performance or operation of a tire and that the registration database could does not create a safety concern to either accept the registration regardless of the National Highway Traffic Safety the operator of the vehicle on which the incorrect code. Administration tires are mounted or the safety of Finally, Cooper informed the agency [Docket No. NHTSA–2017–0012; Notice 1] personnel in the tire repair, retread and that in an effort to prevent reoccurrence recycle industry. Cooper also stated that BMW of North America, LLC, Receipt on March 29, 2016 the incorrect mold of this noncompliance, they have implemented a change to their support of Petition for Decision of was taken out of service and has not Inconsequential Noncompliance been used since. software. Specifically, the selection of Please refer to Cooper’s petition for its the plant code is no longer manual, but AGENCY: National Highway Traffic complete reasoning and any associated rather selected from a drop down menu Safety Administration (NHTSA), illustrations. The petition and all with only one choice ‘‘U9.’’ NHTSA Department of Transportation (DOT). supporting documents are available by feels that this is important to ensure this ACTION: Receipt of petition. logging onto the Federal Docket noncompliance is corrected on all of Management System (FDMS) Web site Cooper’s future production tires since SUMMARY: BMW of North America, LLC at: http://www.regulations.gov/ and the cumulative effect of recurring (BMW), has determined that certain following the online search instructions noncompliances could result in a safety model year (MY) 2017 BMW 330i and to locate the docket number listed in the problem. 330i xDrive motor vehicles do not fully title of this notice. comply with Federal Motor Vehicle In summation, Cooper believes that NHTSA’s Decision: In consideration Safety Standard (FMVSS) No. 110, Tire the described noncompliance of the of the foregoing, NHTSA finds that Selection and Rims and Motor Home/ subject tires is inconsequential as it Cooper has met its burden of persuasion Recreation vehicle Trailer Load Carrying relates to motor vehicle safety, and that that the subject FMVSS No. 139 Capacity Information for Motor Vehicles its petition, to exempt Cooper from noncompliance in the affected tires is with a GVWR of 4,536 kilograms (10,000 providing notification of the inconsequential to motor vehicle safety. pounds) or less. BMW filed a noncompliance, as required by 49 Accordingly, Cooper’s petition is hereby noncompliance report dated January 26, U.S.C. 30118, and remedying the granted and Cooper is consequently 2017. BMW also petitioned NHTSA on noncompliance, as required by 49 exempted from the obligation of February 17, 2017, for a decision that U.S.C. 30120, should be granted. providing notification of, and a free the subject noncompliance is NHTSA’S DECISION: remedy for, the subject noncompliance inconsequential as it relates to motor NHTSA’S Analysis: under 49 U.S.C. 30118 and 30120. vehicle safety. In this case, the agency believes that one measure of inconsequentiality to NHTSA notes that the statutory DATES: The closing date for comments motor vehicle safety is that there is no provisions (49 U.S.C. 30118(d) and on the petition is May 11, 2017. effect of the noncompliance on the 30120(h)) that permit manufacturers to ADDRESSES: Interested persons are operational safety of the vehicles on file petitions for a determination of invited to submit written data, views, which these tires are mounted. Cooper inconsequentiality allow NHTSA to and arguments on this petition. certified and stated that the subject tires exempt manufacturers only from the Comments must refer to the docket and meet and/or exceed all performance duties found in sections 30118 and notice number cited in the title of this requirements and all other labeling 30120, respectively, to notify owners, notice and submitted by any of the markings required by FMVSS No. 139, purchasers, and dealers of a defect or following methods: and therefore NHTSA has no reason to noncompliance and to remedy the • Mail: Send comments by mail believe that there are any operational defect or noncompliance. Therefore, this addressed to U.S. Department of safety issues for these tires. decision on this petition only applies to Transportation, Docket Operations, M– Second, the agency believes it is the subject tires that Cooper no longer 30, West Building Ground Floor, Room necessary that consumers be able to controlled at the time it determined that W12–140, 1200 New Jersey Avenue SE., readily identify the tire manufacturer for the noncompliance existed. However, Washington, DC 20590. safety reasons. Cooper explained that the granting of this petition does not • Hand Delivery: Deliver comments while the tire identification number by hand to U.S. Department of relieve equipment distributors and (TIN) on the outboard sidewall of the Transportation, Docket Operations, M– dealers of the prohibitions on the sale, subject tires is marked with the 30, West Building Ground Floor, Room offer for sale, or introduction or delivery W12–140, 1200 New Jersey Avenue SE., incorrect manufacturer’s identification for introduction into interstate Washington, DC 20590. The Docket mark (known in the industry as ‘‘plant code’’) ‘‘Y9,’’ instead of the correct code commerce of the noncompliant tires Section is open on weekdays from 10 ‘‘U9’’, the information which identifies under their control after Cooper notified a.m. to 5 p.m. except Federal Holidays. the correct manufacturer’s identification them that the subject noncompliance • Electronically: Submit comments mark, is properly marked on the inboard existed. electronically by logging onto the sidewall. These tires can also be Authority: (49 U.S.C. 30118, 30120: Federal Docket Management System identified by the Cooper brand name Delegations of authority at 49 CFR 1.95 and (FDMS) Web site at https:// and by the tire size marked on the 501.8) www.regulations.gov/. Follow the online sidewall of the subject tires. instructions for submitting comments. srobinson on DSK5SPTVN1PROD with NOTICES Third, NHTSA recognizes that Cooper Jeffrey M. Giuseppe, • Comments may also be faxed to took steps to prevent the possibility that Director, Office of Vehicle Safety Compliance. (202) 493–2251. customers would not be able to register [FR Doc. 2017–07169 Filed 4–10–17; 8:45 am] Comments must be written in the their tires because those tires have the BILLING CODE 4910–59–P English language, and be no greater than incorrect manufacturer’s identification 15 pages in length, although there is no mark on them. Cooper worked with limit to the length of necessary CIMS (Computerized Information and attachments to the comments. If VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1


Document Created: 2017-04-11 00:48:45
Document Modified: 2017-04-11 00:48:45
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
ActionGrant of petition.
FR Citation82 FR 17510 
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