Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Cooper Tires
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Jeffrey Giuseppe
National Highway Traffic Safety Administration
October 22, 2015
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64057-64058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26804]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0091; 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.
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SUMMARY: Cooper Tire & Rubber Company (Cooper), has determined that
certain Cooper tires do not fully comply with paragraph S5.5.1(b) of
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic
Tires Radial Tires for Light Vehicles. Cooper has filed an appropriate
report dated August 13, 2015, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
DATES: The closing date for comments on the petition is November 23,
2015.
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 at the beginning 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 Deliver: 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 http://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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will
[[Page 64058]]
be considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d)
and 30120(h) (see implementing rule at 49 CFR part 556), Cooper
submitted a petition for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential 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: Affected are approximately 1,350 Cooper
Weather-Master S/T2 size 215/70R15 tires manufactured between April 26,
2015 and May 29, 2015.
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. Specifically, the tires are labeled with manufacturer's
identification mark ``U8'' instead of ``U9.''
IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 requires 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 states its belief that the
subject noncompliance is inconsequential to motor vehicle safety
because while the subject tires contain an incorrect manufacturer's
identification mark on the inboard sidewall, the full and correct tire
code (including the correct manufacturer's identification mark) is
available on the intended outboard sidewall. In addition, Cooper stated
that the tires are marked with the Cooper Weather-Master S/T2 brand
name that is exclusively owned by Cooper Tire & Rubber Company.
Cooper also indicated that it has taken the following steps to
ensure proper registration of the subject tires:
(a) Cooper has informed all internal personnel responsible for
manual processing of tire registration cards about the ``U8'' issue so
that cards containing the ``U8'' designation will be accepted and
properly processed when all other information accurately identifies the
subject tires. And, Cooper will follow up with the consumer seeking
additional information by providing a prepaid response card.
(b) Cooper is in the process of modifying its database to accept
``U8'' when other information (brand, serial weeks affected etc.) is
accurate.
(c) Cooper has contacted Computerized Information and Management
Services, Inc. (CIMS) so that tire registration cards will not be
rejected solely due to improper plant code information.
Cooper additionally informed NHTSA that on May 29, 2015 the
incorrect mold was pulled and the stamping error that caused the
subject noncompliance was corrected at that time.
Refer to Coopers' petition for their complete reasoning and any
associated illustrations. The petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
Web site at: http://www.regulations.gov/ and following the online
search instructions to locate the docket number listed in the title of
this notice.
In summation, Cooper believes that the described noncompliance of
the subject tires is inconsequential to motor vehicle safety, and that
its petition, to exempt Cooper from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-26804 Filed 10-21-15; 8:45 am]
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