[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Page 53711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17903]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21926; Notice 2]


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

    Cooper Tire & Rubber Company (Cooper) has determined that the 
markings on certain tires that it produced in 2004 and 2005 do not 
comply with S4.3(a) 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.
    Affected are a total of approximately 2,606 Cooper Discoverer AST 
II tires in the 265/70R16 size, produced between October 10, 2004 and 
April 16, 2005. S4.3, Labeling requirements, requires compliance with 
49 CFR 574.5, ``Tire Identification and Record Keeping, Tire 
Identification Requirements.'' The size designation required by Part 
574.5 was incorrectly marked on the subject tires, which were molded 
with the letters ``TY'' as the second grouping of symbols in the tire 
identification number. The correct stamping should have been ``C2.''
    Cooper believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Cooper 
states that the purpose of the tire identification number marking 
requirements is to facilitate the ability of the tire manufacturer to 
identify the tires in the event of a recall. Cooper asserts that the 
incorrect size designation in this case does not affect the ability to 
identify defective or nonconforming tires. Cooper points out that the 
tire size is correctly stamped on the sidewalls of the subject tires, 
and states that the tires comply with all other requirements of FMVSS 
No. 109 and 49 CFR 574.5.
    NHTSA agrees with Cooper that the noncompliance is inconsequential 
to motor vehicle safety. As Cooper points out, the tires do have 
sidewall markings which provide the correct size for the user of this 
information. In addition, the incorrect marking does not affect the 
ability to identify the tires in the event of recall. Cooper has 
corrected the problem.
    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. 05-17903 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P