Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Cooper Tire
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
5 July 2016
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43708-43710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15750]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0002; Notice 2]
Cooper Tire & Rubber Company, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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
radial tires for light vehicles. Cooper filed a report dated January 8,
2016, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Cooper then petitioned NHTSA under 49 CFR
part 556 requesting a decision that the subject noncompliance is
inconsequential to motor vehicle safety.
ADDRESSES: For further information on this decision contact Abraham
Diaz,
[[Page 43709]]
Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5310, facsimile
(202) 366-5930.
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.
Notice of receipt of the petition was published, with a 30-day
public comment period, on March 25, 2016 in the Federal Register (81 FR
16268). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2016-0002.''
II. Tires Involved
Affected are approximately 338 Cooper Discoverer A/T3 size 265/
70R18 Standard Load Tubeless Radial tires that were manufactured
between September 27, 2015 and October 3, 2015.
III. Noncompliance
Cooper explains that the DOT serial week and year appears upside
down and backwards in the tire identification number (TIN) molded into
the outboard sidewalls of the subject tires and those tires therefore
do not meet the requirements specified in paragraph S5.5.1 of FMVSS No.
139.
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 believes that this noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, Cooper submitted the following
information and analysis of the subject noncompliance:
1. Cooper cited paragraph S5.5.1(b) of FMVSS No. 139, which
requires tires manufactured on or after September 1, 2009 to be labeled
with the TIN required by 49 CFR part 574 on the intended outboard
sidewall of the tire.
2. Cooper also noted that 49 CFR 574.5 states that ``[e]ach tire
manufacturer shall conspicuously label on one sidewall of each tire it
manufactures . . . a tire identification number containing the
information set forth in paragraphs (a) through (d) of this section.''
The company further noted that 49 CFR 574.5(d) specifies that ``[t]he
fourth grouping, consisting of four numerical symbols, must identify
the week and year of manufacture,'' with the first two symbols
identifying the week and the last two identifying the year.
3. Cooper stated that the subject tires, on the outboard side only,
were molded with an upside down and backwards DOT serial week and year.
The serial number stamping should read: ``DOT UPH4 1A6 3915.'' The
outboard side, which includes the date code, was molded with the date
code information oriented incorrectly upside down and backwards, which
resulted in the characters being out of proper sequence.
4. Cooper explained that the existence of the stamping error was
determined by visual examination of a subject tire on October 21, 2015
by warehouse personnel in Grand Prairie, TX. Upon further
investigation, it was determined that only tires cured in one press
location (E10L) during one production week (3915) were affected. Tires
with the same SKU code were also curing in another press (Z11L), but
these tires were stamped correctly. Cooper stated that sorting of its
internal inventories revealed that for curing press E10L, during DOT
serial week 3915, there was a total net cure of 518 tires, of which 180
tires have been accounted for in its warehouse. There were 338 tires
distributed. Cooper made the final determination that a noncompliance
exists as to those 338 tires on January 6, 2015.
5. Cooper states that the 338 subject tires do meet and/or exceed
all performance requirements and all other labeling and marking
requirements of FMVSS No. 139.
Furthermore, Cooper is not aware of any crashes, injuries, customer
complaints, or field reports associated with the subject tires.
Cooper has informed NHTSA that the subject tires located in its
inventory count reconciliation have been returned to the company's
Findlay, OH plant, where they will be corrected prior to being released
for sale.
In summation, Cooper believes that the described noncompliance is
inconsequential to motor vehicle safety, and that its petition, to
exempt Cooper from providing recall notification of the noncompliance,
as required by 49 U.S.C. 30118, and remedying the noncompliance, as
required by 49 U.S.C. 30120, should be granted.
NHTSA'S Decision
NHTSA'S Analysis: The agency believes that in the case of a tire
labeling noncompliance, one measure of its inconsequentiality to motor
vehicle safety is whether the mislabeling would affect the
manufacturer's or consumer's ability to identify the mislabeled tires
properly, should the tires be recalled for performance related
noncompliance. In this case, the nature of the labeling error does not
prevent the correct identification of the affected tires. 49 CFR 574.5
requires the date code portion of the tire identification number to be
placed in the last or correct position. In Cooper's case it is in the
right-most position, however, the manufacturer date code is upside
down. Because the label is located on the tire sidewall, it is not
likely to be misidentified. A reader will be able to read the date
code, by spinning the tire, and therefore inverting the date code will
allow it to easily be read.
NHTSA'S Decision: In consideration of the foregoing, NHTSA finds
that Cooper has met its burden of persuasion that the subject FMVSS No.
139 noncompliance in the affected tires is inconsequential to motor
vehicle safety. Accordingly, Cooper's petition is hereby granted and
Cooper is consequently exempted from the obligation of providing
notification of, and a free remedy for, that noncompliance under 49
U.S.C. 30118 and 30120.
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
[[Page 43710]]
defect or noncompliance. Therefore, this decision only applies to the
subject tires that Cooper no longer controlled at the time it
determined that the noncompliance existed. However, the granting of
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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-15750 Filed 7-1-16; 8:45 am]
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