83 FR 62949 - Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 83, Issue 234 (December 6, 2018)
National Highway Traffic Safety Administration
Federal Register Volume 83, Issue 234 (December 6, 2018)
| Page Range | 62949-62951 | |
| FR Document | 2018-26510 |
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)] [Notices] [Pages 62949-62951] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26510] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2018-0077; 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 Tire) has determined that certain Cooper brand tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Cooper Tire filed a noncompliance report dated May 4, 2018, and subsequently petitioned NHTSA on May 21, 2018, 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 January 7, 2019. 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 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) website 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 has determined that certain Cooper brand tires do not fully comply with paragraph S5.5.1 of FMVSS No. 139, New Pneumatic Radial Tires for Light Vehicles (49 CFR part 571.139). Cooper Tire filed a noncompliance report dated May 4, 2018, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on May 21, 2018, pursuant to 49 U.S.C. 30118(d) 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. [[Page 62950]] This notice of receipt of Cooper Tire'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 this petition. II. Tires Involved Approximately 327 Evolution H/T size 245/70R16 tubeless radial tires, manufactured between June 4, 2017, and June 10, 2017, are potentially involved. III. Noncompliance Cooper Tire explains that the noncompliance is that the subject tires were molded with an incorrectly ordered serial week and year on the outboard sidewall as required by paragraph S5.5.1(b) of FMVSS No. 139. Specifically, the subject tires were manufactured with serial week ``1723'' when they should have been manufactured with serial week ``2317.'' IV. Rule Requirements Paragraph S5.5.1(b) of FMVSS No. 139, includes the requirements relevant to this petition: For 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, 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 Petition Cooper Tire 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 Tire submitted the following arguments: 1. While the 327 tires in the subject population contain an incorrectly ordered week and year for the fourth grouping of TIN numbers, they are in all other respects properly labeled and meet all performance requirements under the FMVSS's. The serial week of manufacture 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. 2. Tire registration and traceability will not be interrupted. Cooper Tire's internally controlled online registration system has been modified to be able to accept the incorrectly ordered 1723 date code. Any tires registered with that date code and TIN will be identified properly as having been manufactured in the 23rd week of 2017. This will ensure that Cooper Tire is able to identify these tires in the event they must be recalled. If a recall is necessary, Cooper Tire will explain the date issue in any recall notice. 3. Cooper Tire can also confirm that it will not use the same full Tire Identification Number in year 2023. Cooper Tire uses the third grouping of numbers within the TIN to identify the SKU or make of the tire, as is permitted at the option of the manufacturer under the regulations. See 49 CFR 574.5(g)(3). In this case, lJ9 is the third grouping and indicates that this tire is a Cooper Evolution H/T. While Cooper Tire has not yet set its year 2023 production schedule, if Cooper Evolution H/T tires are made in year 2023, Cooper Tire will assign another unique identifier so that the tires made in year 2017 will be distinguishable from the tires made in year 2023. This will eliminate the potential for SKUs produced in year 2017 to be confused with those produced in year 2023, and will allow for Cooper Tire to readily identify the 327 tires that are the subject of this petition. 4. NHTSA has granted a number of previous inconsequentiality petitions relating to mislabeled TINs, provided that the mislabeling does not affect the manufacturer's ability to identify the tires. ``The purpose of the date code is to identify a tire so that, if necessary, the appropriate action can be taken in the interest of public safety such as, a safety recall notice.'' Bridgestone/Firestone, Inc.; Grant of Application, 64 FR 29080 (May 28, 1999); see also Cooper Tire & Rubber Company, Grant of Application, 68 FR 16115 (April 2, 2003) (same). Accordingly, NHTSA has explained in multiple instances that ``[t]he agency believes that the true measure of inconsequentiality to motor vehicle safety in this case is the effect of the noncompliance on the ability of the tire manufacturer to identify the tires in the event of recall.'' Bridgestone/Firestone, Inc., Grant of Application, 66 FR 45076 (August 27, 2001). As a result, NHTSA has granted petitions and found that TIN noncompliance is inconsequential to safety in cases where the TIN is out of sequence or mislabeled, including where the week and/or year of manufacture is mislabeled and even where the date code is missing altogether. See, e.g., Bridgestone Firestone North America Tire, LLC, Grant of Petition, 71 FR 4396 (January 26, 2006) (granting petition where date code was missing because manufacturer could still identify and recall the tires); Cooper Tire & Rubber Company, Grant of Application, 68 FR 16115 (April 2, 2003) (granting petition where tires were labeled with wrong plant code, because ``the tires have a unique DOT identification''); Bridgestone/Firestone, Inc., Grant of Application, 66 FR 45076 (Aug. 27, 2001) (granting petition where the date code was labeled incorrectly, because ``the information included on the tire identification label and the manufacturer's tire production records is sufficient to ensure that these tires can be identified in the event of a recall''); Bridgestone/Firestone, Inc.; Grant of Application, 64 FR 29080 (May 28, 1999) (granting petition where the wrong year was marked in the date code on the tires); Cooper Tire & Rubber Company; Grant of Application, 63 FR 29059 (May 27, 1998) (granting petition where the date code was missing where tires had a unique TIN for recall purposes); Bridgestone/Firestone, Inc.,[middot] Grant of Application, 60 FR 57617 (November 16, 1995) (granting petition where the date code was out of sequence); Uniroyal Goodrich Tire Company; Grant of Petition, 59 FR. 64232 (December 13, 1994) (granting petition where week and year were mislabeled on tires). As with other cases in which NHTSA has granted petitions for a determination of inconsequential noncompliance, Cooper Tire will be able identify the tires that are the subject of this petition in the event of recall. As described above, these tires will have a unique DOT identifier that will allow for Cooper Tire to identify and recall them in the event that any issues arise in the future. 5. Cooper Tire has taken steps over the last two years to add additional checks in its processes to prevent TIN errors. For example, Cooper Tire has implemented software that allows for a specific plant to choose only its plant code from a drop-down menu when engraving that portion of the TIN. Date codes are updated on a weekly basis and often produced in advance of the serial week. The serial week and year is manually entered in the system and then engraved on a plug for use. Cooper Tire is working to prevent future issues and evaluating the possibility of additional technology which will restrict the selection of date codes to a contained period of time. Cooper Tire is [[Page 62951]] also reviewing its inspection processes to ensure that errors of this sort are identified earlier in the process. Cooper Tire 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. Cooper Tire's complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at: https://www.regulations.gov and by following the online search instructions to locate the docket number as listed in the title of this notice. 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 Tire no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle 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 Tire 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. Claudia W. Covell, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2018-26510 Filed 12-4-18; 8:45 am] BILLING CODE 4910-59-P
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to resolve questions concerning, for heading: FOR FURTHER INFORMATION • Comments may also be faxed to
example, which properties should be CONTACT. (202) 493–2251.
covered by the provisions of Section 107 Issued in Burlington, Massachusetts on Comments must be written in the
of the Act. These functions are November 7, 2018. English language, and be no greater than
inseparable from the ultimate land use Richard P. Doucette, 15 pages in length, although there is no
control and planning responsibilities of FAA, New England Region, Airports Division. limit to the length of necessary
local government. These local attachments to the comments. If
[FR Doc. 2018–26478 Filed 12–4–18; 8:45 am]
responsibilities are not changed in any comments are submitted in hard copy
BILLING CODE 4910–13–P
way under Part 150 or through FAA’s form, please ensure that two copies are
review of a noise exposure map. provided. If you wish to receive
Therefore, the responsibility for the DEPARTMENT OF TRANSPORTATION confirmation that comments you have
detailed overlaying of noise exposure submitted by mail were received, please
contours onto the map depicting National Highway Traffic Safety enclose a stamped, self-addressed
properties on the surface rests Administration postcard with the comments. Note that
exclusively with the airport operator all comments received will be posted
that submitted the map, or with those [Docket No. NHTSA–2018–0077; Notice 1] without change to https://
public agencies and planning agencies www.regulations.gov, including any
Cooper Tire & Rubber Company,
with which consultation is required personal information provided.
Receipt of Petition for Decision of
under Section 103 of the Act. The FAA All comments and supporting
Inconsequential Noncompliance
has relied on the certification by the materials received before the close of
airport operator, under Section 150.21 AGENCY: National Highway Traffic business on the closing date indicated
of FAR Part 150, that the statutorily Safety Administration (NHTSA), above will be filed in the docket and
required consultation has been Department of Transportation (DOT). will be considered. All comments and
accomplished. ACTION: Receipt of petition. supporting materials received after the
The FAA has formally received the closing date will also be filed and will
noise compatibility program for SUMMARY: Cooper Tire & Rubber be considered to the fullest extent
Westover Airport, also effective on Company (Cooper Tire) has determined possible.
November 7, 2018. Preliminary review that certain Cooper brand tires do not When the petition is granted or
of the submitted material indicates that fully comply with Federal Motor denied, notice of the decision will also
it conforms to the requirements for the Vehicle Safety Standard (FMVSS) No. be published in the Federal Register
submittal of noise compatibility 139, New Pneumatic Radial Tires for pursuant to the authority indicated at
programs, but that further review will be Light Vehicles. Cooper Tire filed a the end of this notice.
necessary prior to approval or noncompliance report dated May 4, All comments, background
disapproval of the program. The formal 2018, and subsequently petitioned documentation, and supporting
review period, limited by law to a NHTSA on May 21, 2018, for a decision materials submitted to the docket may
maximum of 180 days, will be that the subject noncompliance is be viewed by anyone at the address and
completed on or before May 6, 2019. inconsequential as it relates to motor times given above. The documents may
The FAA’s detailed evaluation will be vehicle safety. also be viewed on the internet at https://
conducted under the provisions of 14 DATES: The closing date for comments www.regulations.gov by following the
CFR part 150, Section 150.33. The on the petition is January 7, 2019. online instructions for accessing the
primary considerations in the ADDRESSES: Interested persons are dockets. The docket ID number for this
evaluation process are whether the invited to submit written data, views, petition is shown in the heading of this
proposed measures may reduce the level and arguments on this petition. notice.
of aviation safety, create an undue Comments must refer to the docket and DOT’s complete Privacy Act
burden on interstate or foreign notice number cited in the title of this Statement is available for review in a
commerce, or be reasonably consistent notice and be submitted by any of the Federal Register notice published on
with obtaining the goal of reducing following methods: April 11, 2000, (65 FR 19477–78).
existing non compatible land uses and • Mail: Send comments by mail SUPPLEMENTARY INFORMATION:
preventing the introduction of addressed to U.S. Department of
additional non-compatible land uses. Transportation, Docket Operations, I. Overview
Interested persons are invited to M–30, West Building Ground Floor, Cooper Tire has determined that
comment on the proposed program with Room W12–140, 1200 New Jersey certain Cooper brand tires do not fully
specific reference to these factors. All Avenue SE, Washington, DC 20590. comply with paragraph S5.5.1 of
comments, other than those properly • Hand Delivery: Deliver comments FMVSS No. 139, New Pneumatic Radial
addressed to local land use authorities, by hand to U.S. Department of Tires for Light Vehicles (49 CFR part
will be considered by the FAA to the Transportation, Docket Operations, 571.139). Cooper Tire filed a
extent practicable. Copies of the noise M–30, West Building Ground Floor, noncompliance report dated May 4,
exposure map, the FAA’s evaluation of Room W12–140, 1200 New Jersey 2018, pursuant to 49 CFR part 573,
the map, and the proposed noise Avenue SE, Washington, DC 20590. The Defect and Noncompliance
compatibility program are available for Docket Section is open on weekdays Responsibility and Reports, and
examination at the following locations: from 10 a.m. to 5 p.m. except Federal subsequently petitioned NHTSA on May
khammond on DSK30JT082PROD with NOTICES
Westover Airport, 255 Padgette Street, Holidays. 21, 2018, pursuant to 49 U.S.C. 30118(d)
Chicopee, Massachusetts 01022. • Electronically: Submit comments and 49 CFR part 556, for an exemption
Federal Aviation Administration, electronically by logging onto the from the notification and remedy
Airports Division, 1200 District Avenue, Federal Docket Management System requirements of 49 U.S.C. Chapter 301
Burlington, Massachusetts 01803. (FDMS) website at https:// on the basis that this noncompliance is
Questions may be directed to the www.regulations.gov/. Follow the online inconsequential as it relates to motor
individual named above under the instructions for submitting comments. vehicle safety.
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This notice of receipt of Cooper Tire’s personnel in the tire repair, retread, and manufacture is mislabeled and even
petition is published under 49 U.S.C. recycle industry. where the date code is missing
30118 and 30120 and does not represent 2. Tire registration and traceability altogether. See, e.g., Bridgestone
any agency decision or other exercise of will not be interrupted. Cooper Tire’s Firestone North America Tire, LLC,
judgment concerning the merits of this internally controlled online registration Grant of Petition, 71 FR 4396 (January
petition. system has been modified to be able to 26, 2006) (granting petition where date
accept the incorrectly ordered 1723 date code was missing because manufacturer
II. Tires Involved code. Any tires registered with that date could still identify and recall the tires);
Approximately 327 Evolution H/T code and TIN will be identified properly Cooper Tire & Rubber Company, Grant
size 245/70R16 tubeless radial tires, as having been manufactured in the of Application, 68 FR 16115 (April 2,
manufactured between June 4, 2017, 23rd week of 2017. This will ensure that 2003) (granting petition where tires
and June 10, 2017, are potentially Cooper Tire is able to identify these tires were labeled with wrong plant code,
involved. in the event they must be recalled. If a because ‘‘the tires have a unique DOT
recall is necessary, Cooper Tire will identification’’); Bridgestone/Firestone,
III. Noncompliance explain the date issue in any recall Inc., Grant of Application, 66 FR 45076
Cooper Tire explains that the notice. (Aug. 27, 2001) (granting petition where
noncompliance is that the subject tires 3. Cooper Tire can also confirm that the date code was labeled incorrectly,
were molded with an incorrectly it will not use the same full Tire because ‘‘the information included on
ordered serial week and year on the Identification Number in year 2023. the tire identification label and the
outboard sidewall as required by Cooper Tire uses the third grouping of manufacturer’s tire production records
paragraph S5.5.1(b) of FMVSS No. 139. numbers within the TIN to identify the is sufficient to ensure that these tires
Specifically, the subject tires were SKU or make of the tire, as is permitted can be identified in the event of a
manufactured with serial week ‘‘1723’’ at the option of the manufacturer under recall’’); Bridgestone/Firestone, Inc.;
when they should have been the regulations. See 49 CFR 574.5(g)(3). Grant of Application, 64 FR 29080 (May
manufactured with serial week ‘‘2317.’’ In this case, lJ9 is the third grouping and 28, 1999) (granting petition where the
indicates that this tire is a Cooper wrong year was marked in the date code
IV. Rule Requirements Evolution H/T. While Cooper Tire has on the tires); Cooper Tire & Rubber
Paragraph S5.5.1(b) of FMVSS No. not yet set its year 2023 production Company; Grant of Application, 63 FR
139, includes the requirements relevant schedule, if Cooper Evolution H/T tires 29059 (May 27, 1998) (granting petition
to this petition: are made in year 2023, Cooper Tire will where the date code was missing where
assign another unique identifier so that
• For tires manufactured on or after tires had a unique TIN for recall
the tires made in year 2017 will be purposes); Bridgestone/Firestone, Inc.,·
September 1, 2009, each tire must be
distinguishable from the tires made in
labeled with the tire identification Grant of Application, 60 FR 57617
year 2023. This will eliminate the
number required by 49 CFR part 574 on (November 16, 1995) (granting petition
potential for SKUs produced in year
the intended outboard sidewall of the where the date code was out of
2017 to be confused with those
tire. sequence); Uniroyal Goodrich Tire
produced in year 2023, and will allow
• Except for retreaded tires, if a tire for Cooper Tire to readily identify the
Company; Grant of Petition, 59 FR.
does not have an intended outboard 64232 (December 13, 1994) (granting
327 tires that are the subject of this
sidewall, the tire must be labeled with petition where week and year were
petition.
the tire identification number required 4. NHTSA has granted a number of mislabeled on tires). As with other cases
by 49 CFR part 574 on one sidewall and previous inconsequentiality petitions in which NHTSA has granted petitions
with either the tire identification relating to mislabeled TINs, provided for a determination of inconsequential
number or a partial tire identification that the mislabeling does not affect the noncompliance, Cooper Tire will be
number, containing all characters in the manufacturer’s ability to identify the able identify the tires that are the
tire identification number except for the tires. ‘‘The purpose of the date code is subject of this petition in the event of
date code and, at the discretion of the to identify a tire so that, if necessary, the recall. As described above, these tires
manufacturer, any optional code, on the appropriate action can be taken in the will have a unique DOT identifier that
other side wall. interest of public safety such as, a safety will allow for Cooper Tire to identify
recall notice.’’ Bridgestone/Firestone, and recall them in the event that any
V. Summary of Petition issues arise in the future.
Inc.; Grant of Application, 64 FR 29080
Cooper Tire described the subject (May 28, 1999); see also Cooper Tire & 5. Cooper Tire has taken steps over
noncompliance and stated its belief that Rubber Company, Grant of Application, the last two years to add additional
the noncompliance is inconsequential 68 FR 16115 (April 2, 2003) (same). checks in its processes to prevent TIN
as it relates to motor vehicle safety. Accordingly, NHTSA has explained in errors. For example, Cooper Tire has
In support of its petition, Cooper Tire multiple instances that ‘‘[t]he agency implemented software that allows for a
submitted the following arguments: believes that the true measure of specific plant to choose only its plant
1. While the 327 tires in the subject inconsequentiality to motor vehicle code from a drop-down menu when
population contain an incorrectly safety in this case is the effect of the engraving that portion of the TIN. Date
ordered week and year for the fourth noncompliance on the ability of the tire codes are updated on a weekly basis and
grouping of TIN numbers, they are in all manufacturer to identify the tires in the often produced in advance of the serial
other respects properly labeled and event of recall.’’ Bridgestone/Firestone, week. The serial week and year is
khammond on DSK30JT082PROD with NOTICES
meet all performance requirements Inc., Grant of Application, 66 FR 45076 manually entered in the system and
under the FMVSS’s. The serial week of (August 27, 2001). As a result, NHTSA then engraved on a plug for use. Cooper
manufacture has no bearing on the has granted petitions and found that Tire is working to prevent future issues
performance or operation of a tire and TIN noncompliance is inconsequential and evaluating the possibility of
does not create a safety concern to either to safety in cases where the TIN is out additional technology which will
the operator of the vehicle on which the of sequence or mislabeled, including restrict the selection of date codes to a
tires are mounted, or the safety of where the week and/or year of contained period of time. Cooper Tire is
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also reviewing its inspection processes ACTION: Receipt of petition. supporting materials received after the
to ensure that errors of this sort are closing date will also be filed and will
identified earlier in the process. SUMMARY: Michelin North America, Inc. be considered to the fullest extent
Cooper Tire concluded by expressing (MNA) has determined that certain possible.
the belief that the subject Michelin XZL brand tires do not fully
comply with Federal Motor Vehicle When the petition is granted or
noncompliance is inconsequential as it denied, notice of the decision will also
relates to motor vehicle safety, and that Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with be published in the Federal Register
its petition to be exempted from
a GVWR of more than 4,536 kilograms pursuant to the authority indicated at
providing notification of the
(10,000 lbs) and Motorcycles. MNA filed the end of this notice.
noncompliance, as required by 49
U.S.C. 30118, and a remedy for the a noncompliance report dated May 21, All comments, background
noncompliance, as required by 49 2018, and subsequently petitioned documentation, and supporting
U.S.C. 30120, should be granted. NHTSA on June 15, 2018, for a decision materials submitted to the docket may
Cooper Tire’s complete petition and that the subject noncompliance is be viewed by anyone at the address and
all supporting documents are available inconsequential as it relates to motor times given above. The documents may
vehicle safety. also be viewed on the internet at https://
by logging onto the Federal Docket
Management System (FDMS) website at: DATES: The closing date for comments www.regulations.gov by following the
https://www.regulations.gov and by on the petition is January 7, 2019. online instructions for accessing the
following the online search instructions ADDRESSES: Interested persons are dockets. The docket ID number for this
to locate the docket number as listed in invited to submit written data, views, petition is shown in the heading of this
the title of this notice. and arguments on this petition. notice.
NHTSA notes that the statutory Comments must refer to the docket and
notice number cited in the title of this DOT’s complete Privacy Act
provisions (49 U.S.C. 30118(d) and Statement is available for review in a
30120(h)) that permit manufacturers to notice and be submitted by any of the
following methods: Federal Register notice published on
file petitions for a determination of April 11, 2000, (65 FR 19477–78).
inconsequentiality allow NHTSA to • Mail: Send comments by mail
exempt manufacturers only from the addressed to U.S. Department of SUPPLEMENTARY INFORMATION:
duties found in sections 30118 and Transportation, Docket Operations,
M–30, West Building Ground Floor, I. Overview
30120, respectively, to notify owners,
purchasers, and dealers of a defect or Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590. MNA has determined that certain
noncompliance and to remedy the Michelin brand tires do not fully
defect or noncompliance. Therefore, any • Hand Delivery: Deliver comments
by hand to the U.S. Department of comply with paragraph S6.4 of Federal
decision on this petition only applies to Motor Vehicle Safety Standard (FMVSS)
the subject tires that Cooper Tire no Transportation, Docket Operations,
M–30, West Building Ground Floor, No. 119, New Pneumatic Tires for Motor
longer controlled at the time it Vehicles with a GVWR of more than
determined that the noncompliance Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590. The 4,536 kilograms (10,000 lbs) and
existed. However, any decision on this Motorcycles (49 CFR 571.119). MNA
petition does not relieve vehicle Docket Section is open on weekdays
from 10 a.m. to 5 p.m. except for Federal filed a noncompliance report dated May
distributors and dealers of the 21, 2018, pursuant to 49 CFR part 573,
prohibitions on the sale, offer for sale, Holidays.
• Electronically: Submit comments Defects and Noncompliance
or introduction or delivery for
electronically by logging onto the Responsibility and Reports. MNA
introduction into interstate commerce of
Federal Docket Management System subsequently petitioned NHTSA on
the noncompliant tires under their
(FDMS) website at https:// June 18, 2018, pursuant to 49 U.S.C.
control after Cooper Tire notified them
www.regulations.gov/. Follow the online 20118(d) and 30120(h) and 49 CFR part
that the subject noncompliance existed.
instructions for submitting comments. 556, for an exemption from the
Authority: 49 U.S.C. 30118, 30120: • Comments may also be faxed to notification and remedy requirements of
delegations of authority at 49 CFR 1.95 and (202) 493–2251. 49 U.S.C. Chapter 301 on the basis that
501.8. Comments must be written in the this noncompliance is inconsequential
Claudia W. Covell, English language, and be no greater than as it relates to motor vehicle safety.
Acting Director, Office of Vehicle Safety 15 pages in length, although there is no
limit to the length of necessary II. Tires Involved
Compliance.
attachments to the comments. If
[FR Doc. 2018–26510 Filed 12–4–18; 8:45 am] Approximately 752 Michelin XZL size
comments are submitted in hard copy
BILLING CODE 4910–59–P 16.00R20 tires manufactured between
form, please ensure that two copies are
January 19, 2018, and April 9, 2018, are
provided. If you wish to receive
potentially involved.
DEPARTMENT OF TRANSPORTATION confirmation that comments you have
submitted by mail were received, please III. Noncompliance
National Highway Traffic Safety enclose a stamped, self-addressed
Administration postcard with the comments. Note that MNA explains that the
all comments received will be posted noncompliance was due to a mold error
[Docket No. NHTSA–2018–0072; Notice 1] which left the subject tires with fewer
khammond on DSK30JT082PROD with NOTICES
without change to https://
www.regulations.gov, including any than the required number of treadwear
Michelin North America, Inc., Receipt
personal information provided. indicators specified in paragraph S6.4 of
of Petition for Decision of
All comments and supporting FMVSS No. 119. Specifically, the tires
Inconsequential Noncompliance
materials received before the close of were manufactured with 4 rows of
AGENCY: National Highway Traffic business on the closing date indicated treadwear indicators instead of the
Safety Administration (NHTSA), above will be filed in the docket and required minimum of 6 treadwear
Department of Transportation (DOT). will be considered. All comments and indicators.
VerDate Sep<11>2014 20:35 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1](https://thefederalregister.org/doc/83_FR_63183/page/3.svg)
Document Created: 2018-12-05 02:36:50
Document Modified: 2018-12-05 02:36:50
| 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 January 7, 2019. | |
| FR Citation | 83 FR 62949 |
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