[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53712-53713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17906]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-21929; 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 manufactured during 2004 and 2005 do not comply with S6.5(f) 
of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ``New 
pneumatic tires for vehicles other than passenger cars.'' 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 43935). NHTSA received no comments.
    Cooper produced approximately 195 Power King brand tires during the 
period from May 15, 2005 through May 21, 2005 that do not comply with 
FMVSS No. 119, S6.5(f). S6.5(f) of FMVSS No. 119 requires that each 
tire shall be marked with ``[t]he actual number of plies * * * in the 
sidewall and, if different, in the tread area.'' The noncompliant tires 
were marked ``tread 2 ply steel + 2 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. In addition to having the number of 
tread plies marked on the sidewall, the subject tires have an 
additional nylon tread ply.'' Cooper states that the tires comply with 
all other requirements of FMVSS No. 119.
    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

[[Page 53713]]

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. 119 and all other informational markings as required by FMVSS 
No. 119 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. 05-17906 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P