[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53711-53712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17905]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21930; Notice 2]


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

    Cooper Tire & Rubber Company (Cooper) has determined that certain 
tires it produced in 2005 do not comply with S4.3(e) of 49 CFR 571.109, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New pneumatic 
tires.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.'' Notice of receipt of a petition was published, with a 30-day 
comment period, on July 29, 2005 in the Federal Register (70 FR 43934). 
NHTSA received no comments.
    Cooper produced approximately 3,070 Cooper brand tires during the 
period from January 30, 2005 through May 21, 2005 that do not comply 
with FMVSS No. 109, S4.3(e). S4.3(e) of FMVSS No. 109 requires that 
``each tire shall have permanently molded into or onto both

[[Page 53712]]

sidewalls * * * (e) Actual number of plies in the sidewall, and the 
actual number of plies in the tread area if different.'' The 
noncompliant tires were marked ``tread 1 ply nylon + 2 ply steel + 1 
ply polyester; sidewall 2 ply polyester.'' The correct marking should 
read ``tread 1 ply nylon, 2 ply steel + 2 ply polyester; sidewall 2 ply 
polyester.''
    Cooper believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Cooper 
states that ``the incorrect number of tread plies on each tire does not 
present a safety-related defect. The subject tires, in fact, have 2 
polyester tread plies.'' Cooper states that the tires comply with all 
other requirements of FMVSS No. 109.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Pub. L. 106-414) required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response, the agency published an Advance Notice of 
Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000 
(65 FR 75222).
    The agency received more than 20 comments on the tire labeling 
information required by 49 CFR Sections 571.109 and 119, Part 567, Part 
574, and Part 575. In addition, the agency conducted a series of focus 
groups, as required by the TREAD Act, to examine consumer perceptions 
and understanding of tire labeling. Few of the focus group participants 
had knowledge of tire labeling beyond the tire brand name, tire size, 
and tire pressure.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we have concluded that it is likely that few 
consumers have been influenced by the tire construction information 
(number of plies and cord material in the sidewall and tread plies) 
provided on the tire label when deciding to buy a motor vehicle or 
tire.
    Therefore, the agency agrees with Cooper's statement that the 
incorrect markings in this case do not present a serious safety 
concern.\1\ There is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted. In the agency's 
judgment, 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 the tire. In addition, the tires 
are certified to meet all the performance requirements of FMVSS No. 109 
and all other informational markings as required by FMVSS No. 109 are 
present. Cooper has corrected the problem.
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    \1\ This decision is limited to its specific facts. As some 
commenters on the ANPRM noted, the existence of steel in a tire's 
sidewall can be relevant to the manner in which it should be 
repaired or retreaded.
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    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Cooper's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

(Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 
1.50 and 501.8)

    Issued on: September 2, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-17905 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P