82 FR 25909 - Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 106 (June 5, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 106 (June 5, 2017)
| Page Range | 25909-25911 | |
| FR Document | 2017-11526 |
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)] [Notices] [Pages 25909-25911] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11526] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0027; Notice 1] Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration, Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Cooper Tire & Rubber Company (Cooper), has determined that certain Cooper Mastercraft Courser HSX Tour brand tubeless radial tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper filed a [[Page 25910]] noncompliance report dated April 12, 2017. Cooper also petitioned NHTSA on April 12, 2017, 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 July 5, 2017. 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 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 Delivery: 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 https://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 https://www.regulations.gov, including any personal information provided. All comments and supporting materials 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 fullest 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 comments, background documentation, and supporting materials 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 https://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 in a Federal Register notice published on April 11, 2000, (65 FR 19477-78). SUPPLEMENTARY INFORMATION: I. Overview: Cooper Tire & Rubber Company (Cooper), has determined that certain Cooper Mastercraft Courser HSX Tour brand tubeless radial tires do not fully comply with paragraph S5.5.1(b) of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper filed a noncompliance report dated April 12, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Cooper also petitioned NHTSA on April 12, 2017, 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. 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: Approximately 484 Cooper Mastercraft Courser HSX Tour brand tubeless radial tires, size 275/55R20, manufactured between March 6, 2017, and March 15, 2017, are potentially involved. III. Noncompliance: Cooper explains that the noncompliance is that the inboard sidewalls of the subject tires are labeled with an incorrect manufacturer's identification mark, and therefore do not fully meet all applicable requirements of paragraph S5.5.1(b) of FMVSS No. 139. Specially, the tires are labeled with the manufacturer's identification mark ``UP'' instead of ``UT.'' IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 states, 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 described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Cooper submitted the following reasoning: a) While the 484 tires in the subject population contain an improper plant code on the inboard side of the tire, they are in all other respects properly labeled and meet all performance requirements under the Federal Motor Vehicle Safety Standards. Plant code identification 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. b) Tire registration and traceability could be a concern in some instances where there are plant code errors; however, in this instance, the incorrect plant code is still tied to a Cooper Tire manufacturing facility. Consumers will be able to accurately identify the responsible manufacturer and there will be no issues with registering the tires. Cooper Tire has modified its internal registration systems to allow for the proper registration of the affected tires. Cooper Tire accepts tire registration in a number of ways including electronically via the company's Web site. Cooper Tire's online database has been modified to accept registrations from consumers which include an incorrectly listed UP plant code when the other identifying information (brand, serial week) are accurately reported. Cooper Tire also accepts hard copy tire registration cards, which it processes manually. As long as the remaining identifying information (brand, serial and week) are listed accurately on the registration card, Cooper Tire will process the registration. All internal personnel responsible for manual processing of tire registration cards have been made aware of the plant code error and have been trained on how to accurately process and register tires with the [[Page 25911]] incorrect plant code information. Lastly, Cooper Tire receives some registration cards through Computerized Information and Management Services, Inc. (``CIMS''), a third-party vendor that collects and provides tire registration cards to a number of manufacturers, including Cooper Tire. CIMS has been made aware of the plant code error. CIMS has informed Cooper Tire that they will provide all registration cards to Cooper Tire that have a Cooper Tire plant code listed. c) In the event Cooper Tire has to conduct a safety related recall in connection with the 484 subject tires, Cooper Tire will include TINs UT Yl FXJ 1017 to 1117 and UP Yl FXJ 1017 to 1117 in its recall universe, so that there will be no issues with regard to identifying the recall population. Should Cooper Tire receive any affected tires in its service facilities for adjustments, the service technician will record the proper TIN number to accurately record the data. d) Cooper Tire has taken steps over the last year to add additional checks in its processes to prevent TIN errors. One of those checks includes implementing software that only allows for the plant to choose the plant code from a drop down menu that includes only its specific plant code. In this instance, however, the molds were transferred from one Cooper Tire facility (Findlay) to another (Texarkana). The Texarkana employee responsible for preparing the mold for use in the Texarkana facility only modified the mold on one side and the error went undetected. The mold containing the error was in production from March 6th through March 15th and when the error was detected on March 30th, the plug error was corrected in the mold to prevent future issues. Responsible Cooper Tire personnel will receive additional training on these processes. 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 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. 2017-11526 Filed 6-2-17; 8:45 am] BILLING CODE 4910-59-P
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This notice of receipt of Arconic’s were sold for assembly on new heavy- Arconic states that they have
petition is published under 49 U.S.C. duty semi-tractors and it is believed the corrected the roll stamp for all future
30118 and 30120 and does not represent certification label, tire pressure placard production.
any agency decision or other exercise of and all other literature accompanying Arconic concluded by expressing the
judgment concerning the merits of the the vehicle correctly states the required belief that the subject noncompliance is
petition. wheel diameter as 22.5″. inconsequential as it relates to motor
II. Equipment Involved: 3. The vast majority of the affected vehicle safety, and that its petition to be
Approximately 1,975 Alcoa model wheels were sold for assembly on new exempted from providing notification of
88367X aluminum wheels, size 22.5″ heavy-duty semi-tractors, which means the noncompliance, as required by 49
Dia. x 8.25″, produced for the heavy the selection of tires and wheels during U.S.C. 30118, and a remedy for the
duty truck wheel market, and assembly does not require reliance on noncompliance, as required by 49
manufactured between August 1, 2016, the actual size markings on the wheel. U.S.C. 30120, should be granted.
and November 7, 2016, are potentially Rather, this selection is based upon part NHTSA notes that the statutory
involved. number matching during the tire/wheel provisions (49 U.S.C. 30118(d) and
III. Noncompliance: Arconic explains subassembly process, and the part 30120(h)) that permit manufacturers to
that the noncompliance is that the number descriptions correctly reflect file petitions for a determination of
wheel diameter was incorrectly marked the actual wheel size of 22.5″ x 8.25″. inconsequentiality allow NHTSA to
on the subject wheels as 24.5″ x 8.25″, Only one manufacturer, a trailer exempt manufacturers only from the
when it should have been marked as manufacturer, actually noticed the duties found in sections 30118 and
22.5″ x 8.25″. This marking error mismarking of the rim diameter. The 30120, respectively, to notify owners,
overstates the wheel diameter by 2″. remaining manufacturers that undertook purchasers, and dealers of a defect or
Therefore, the subject wheels do not tire and rim assembly were unaffected noncompliance and to remedy the
meet the requirements of paragraph by rim mismarking. defect or noncompliance. Therefore, any
S5.2(b) of FMVSS No. 120. 4. If a vehicle owner or operator must decision on this petition only applies to
IV. Rule Text: Paragraph S5.2(b) of replace one of the affected rims they the subject wheels that Arconic no
FMVSS No. 120 states in pertinent part: would most likely go to a facility that is longer controlled at the time it
S5.2 Rim marking. Each rim or, at the familiar with tire/wheel replacements determined that the noncompliance
option of the manufacturer in the case of a for heavy-duty trucks. Pursuant to 29 existed. However, any decision on this
single-piece wheel, wheel disc shall be CFR 1910.177(c) (Employee Training), petition does not relieve equipment
marked with the information listed in federal regulations require that only distributors and dealers of the
paragraphs (a) through (e) of this paragraph, trained technicians are permitted to prohibitions on the sale, offer for sale,
in lettering not less than 3 millimeters high, or introduction or delivery for
mount tires and wheels on heavy-duty
impressed to a depth or, at the option of the
vehicles and it should be obvious to the introduction into interstate commerce of
manufacturer, embossed to a height of not
less than 0.125 millimeters . . . technician when a wheel marking is the noncompliant wheels under their
(b) The rim size designation, and in case overstated by 2″. control after Arconic notified them that
of multipiece rims, the rim type designation. 5. For rims that have an obvious the subject noncompliance existed.
For example: 20x5.50, or 20x5.5. incorrect size marking stamped into the Authority: (49 U.S.C. 30118, 30120:
V. Summary of Arconic’s Petition: wheel, the technician will have to rely delegations of authority at 49 CFR 1.95 and
Arconic described the subject on another source for the correct rim 501.8)
noncompliance and stated its belief that size including, when applicable, the
Jeffrey M. Giuseppe,
the noncompliance is inconsequential certification label, tire pressure placard
Director, Office of Vehicle Safety Compliance.
as it relates to motor vehicle safety. or any other literature to determine the
correct wheel and tire size for the [FR Doc. 2017–11525 Filed 6–2–17; 8:45 am]
In support of its petition, Arconic
submitted the following reasoning: replacement. BILLING CODE 4910–59–P
1. If the mounting technician relied 6. Because a tire/rim seal cannot be
solely on the incorrectly stated 24.5″ achieved with an overstated 2″ rim
diameter, there is no risk to the DEPARTMENT OF TRANSPORTATION
diameter stamped on the rim and tried
to mount a 24.5″ x 8.25″ tire, the tire technician during attempted tire National Highway Traffic Safety
will not inflate. Therefore, it would be mounting operations. Administration
obvious to the mounting technician that 7. All other roll stamp rim marking
there is a tire/rim mismatch, because the information on the subject rims required [Docket No. NHTSA–2017–0027; Notice 1]
air will immediately escape during by S5.2 of FMVSS No. 120 is correct.
The rim is marked with the correct rim Cooper Tire & Rubber Company,
inflation and no tire/rim seal will ever
width, manufacturer, date of Receipt of Petition for Decision of
be achieved. Heavy-duty truck rim
manufacture, and DOT. Inconsequential Noncompliance
diameter sizes in the U.S. market are in
increments 19.5″, 22.5″ and 24.5″, so 8. The agency has previously found to AGENCY: National Highway Traffic
any tire diameter other than 22.5″ will be inconsequential a noncompliance Safety Administration, Department of
simply not mount and/or inflate on the with the rim marking requirements of Transportation (DOT).
mismarked 24.5″ rim. FMVSS No. 110 Tire selection and rims ACTION: Receipt of petition.
and motor home/recreation vehicle
asabaliauskas on DSKBBXCHB2PROD with NOTICES
2. All product literature that
accompanies the mislabeled 24.5″ x trailer load carrying capacity SUMMARY: Cooper Tire & Rubber
8.25″ aluminum wheels correctly information for motor vehicles with a Company (Cooper), has determined that
identifies the wheel as having a 22.5″ GVWR of 4,536 kilograms (10,000 certain Cooper Mastercraft Courser HSX
diameter. The part number stamped on pounds) or less (citing Docket No. Tour brand tubeless radial tires do not
the wheels correctly associates the NHTSA–1999–6685, July 5, 2000). fully comply with Federal Motor
wheels in catalogs (hard copy and 9. Arconic is not aware of any crashes Vehicle Safety Standard (FMVSS) No.
electronic) as having a 22.5″ diameter. or injuries associated with this roll 139, New Pneumatic Radial Tires for
The vast majority of the affected wheels stamp rim marking issue. Light Vehicles. Cooper filed a
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![Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices 25911
incorrect plant code information. Lastly, decision on this petition only applies to 3E–218, Washington, DC 20219. In
Cooper Tire receives some registration the subject tires that Cooper no longer addition, comments may be sent by fax
cards through Computerized controlled at the time it determined that to (571) 465–4326 or by electronic mail
Information and Management Services, the noncompliance existed. However, to prainfo@occ.treas.gov. You may
Inc. (‘‘CIMS’’), a third-party vendor that any decision on this petition does not personally inspect and photocopy
collects and provides tire registration relieve equipment distributors and comments at the OCC, 400 7th Street
cards to a number of manufacturers, dealers of the prohibitions on the sale, SW., Washington, DC 20219. For
including Cooper Tire. CIMS has been offer for sale, or introduction or delivery security reasons, the OCC requires that
made aware of the plant code error. for introduction into interstate visitors make an appointment to inspect
CIMS has informed Cooper Tire that commerce of the noncompliant tires comments. You may do so by calling
they will provide all registration cards under their control after Cooper notified (202) 649–6700 or, for persons who are
to Cooper Tire that have a Cooper Tire them that the subject noncompliance deaf or hard of hearing, TTY, (202) 649–
plant code listed. existed. 5597. Upon arrival, visitors will be
c) In the event Cooper Tire has to required to present valid government-
Authority: (49 U.S.C. 30118, 30120:
conduct a safety related recall in delegations of authority at 49 CFR 1.95 and issued photo identification and submit
connection with the 484 subject tires, 501.8) to security screening in order to inspect
Cooper Tire will include TINs UT Yl and photocopy comments.
FXJ 1017 to 1117 and UP Yl FXJ 1017 Jeffrey M. Giuseppe, All comments received, including
to 1117 in its recall universe, so that Director, Office of Vehicle Safety Compliance. attachments and other supporting
there will be no issues with regard to [FR Doc. 2017–11526 Filed 6–2–17; 8:45 am] materials, are part of the public record
identifying the recall population. BILLING CODE 4910–59–P and subject to public disclosure. Do not
Should Cooper Tire receive any affected include any information in your
tires in its service facilities for comment or supporting materials that
adjustments, the service technician will DEPARTMENT OF THE TREASURY you consider confidential or
record the proper TIN number to inappropriate for public disclosure.
accurately record the data. Office of the Comptroller of the FOR FURTHER INFORMATION CONTACT:
d) Cooper Tire has taken steps over Currency Shaquita Merritt, OCC Clearance
the last year to add additional checks in Officer, (202) 649–5490 or, for persons
its processes to prevent TIN errors. One Agency Information Collection who are deaf or hard of hearing, TTY,
of those checks includes implementing Activities: Information Collection (202) 649–5597, Legislative and
software that only allows for the plant Renewal; Comment Request; Regulatory Activities Division, Office of
to choose the plant code from a drop Community Reinvestment Act the Comptroller of the Currency, 400 7th
down menu that includes only its Regulations Street SW., Washington, DC 20219.
specific plant code. In this instance, SUPPLEMENTARY INFORMATION: Under the
however, the molds were transferred AGENCY: Office of the Comptroller of the
Currency (OCC), Treasury. PRA (44 U.S.C. 3501–3520), federal
from one Cooper Tire facility (Findlay) agencies must obtain approval from
to another (Texarkana). The Texarkana ACTION: Notice and request for comment.
OMB for each collection of information
employee responsible for preparing the SUMMARY: The OCC, as part of its that they conduct or sponsor.
mold for use in the Texarkana facility continuing effort to reduce paperwork ‘‘Collection of information’’ is defined
only modified the mold on one side and and respondent burden, invites the in 44 U.S.C. 3502(3) and 5 CFR
the error went undetected. The mold general public and other federal 1320.3(c) to include agency requests or
containing the error was in production agencies to take this opportunity to requirements that members of the public
from March 6th through March 15th and comment on a continuing information submit reports, keep records, or provide
when the error was detected on March collection as required by the Paperwork information to a third party. Section
30th, the plug error was corrected in the 3506(c)(2)(A) of title 44 requires federal
Reduction Act of 1995 (PRA).
mold to prevent future issues. In accordance with the requirements agencies to provide a 60-day notice in
Responsible Cooper Tire personnel will of the PRA, the OCC may not conduct the Federal Register concerning each
receive additional training on these or sponsor, and the respondent is not proposed collection of information,
processes. required to respond to, an information including each proposed renewal of an
Cooper concluded by expressing the existing collection of information,
collection unless it displays a currently
belief that the subject noncompliance is before submitting the collection to OMB
valid Office of Management and Budget
inconsequential as it relates to motor for approval. To comply with this
(OMB) control number.
vehicle safety, and that its petition to be requirement, the OCC is publishing
The OCC is soliciting comment
exempted from providing notification of notice of the renewal of the collection
concerning the renewal of its
the noncompliance, as required by 49 of information set forth in this
information collection titled
U.S.C. 30118, and a remedy for the document.
‘‘Community Reinvestment Act
noncompliance, as required by 49 Title: Community Reinvestment Act
Regulations.’’
U.S.C. 30120, should be granted. Regulations.
NHTSA notes that the statutory DATES: Comments must be submitted on
OMB Control No.: 1557–0160.
provisions (49 U.S.C. 30118(d) and or before August 4, 2017. Description: The Community
asabaliauskas on DSKBBXCHB2PROD with NOTICES
30120(h)) that permit manufacturers to ADDRESSES: Because paper mail in the Reinvestment Act (CRA) requires the
file petitions for a determination of Washington, DC area and at the OCC is federal banking agencies 1 (Agencies) to
inconsequentiality allow NHTSA to subject to delay, commenters are assess the record of regulated financial
exempt manufacturers only from the encouraged to submit comments by institutions (institutions) in helping to
duties found in sections 30118 and email, if possible. Comments may be meet the credit needs of their entire
30120, respectively, to notify owners, sent to: Legislative and Regulatory communities, including low- and
purchasers, and dealers of a defect or Activities Division, Office of the
noncompliance and to remedy the Comptroller of the Currency, Attention: 1 OCC, Board of Governors of the Federal Reserve
defect or noncompliance. Therefore, any 1557–0160, 400 7th Street SW., Suite System, and Federal Deposit Insurance Corporation.
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Document Created: 2018-11-14 10:00:36
Document Modified: 2018-11-14 10:00:36
| 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 July 5, 2017. | |
| FR Citation | 82 FR 25909 |
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