Uniroyal Goodrich Tire Company; Receipt of Petition for Determination of Inconsequential Noncompliance

Topics:  Uniroyal

Stanley R. Scheiner
National Highway Traffic Safety Administration
19 July 1994

[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17491]


[[Page Unknown]]

[Federal Register: July 19, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-61; Notice 1]

 

Uniroyal Goodrich Tire Company; Receipt of Petition for 
Determination of Inconsequential Noncompliance

    The Uniroyal Goodrich Tire Company (Uniroyal) of Greenville, South 
Carolina, has determined that some of its tires fail to comply with 49 
CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, 
``New Pneumatic Tires,'' and has filed an appropriate report pursuant 
to 49 CFR Part 573, ``Defect and Noncompliance Reports.'' Uniroyal has 
also petitioned to be exempted from the notification and remedy 
requirements of the National Traffic and Motor Vehicle Safety Act (15 
U.S.C. 1381 et seq.) on the basis that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    This notice of receipt of a petition is published under Section 157 
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1417) 
and does not represent any agency decision or other exercise of 
judgment concerning the merits of the petition.
    Paragraph S4.3.3(b) of FMVSS No. 109 specifies that each tire be 
labeled with an identification number. The last three digits of this 
identification number should represent the week and year of 
manufacture.
    During the period of the 17th through the 20th week of 1994, 
Uniroyal manufactured approximately 2,800 P175/70R13 MOTOMASTER LE 
tires with an incorrect week and year of manufacture contained in the 
tire identification number. The last three digits in the identification 
number on the subject tires are incorrectly marked ``167,'' ``168,'' 
``169,'' and ``120.'' The last three digits in the identification 
numbers for these tires should be ``174,'' ``184,'' ``194,'' and 
``204'' signifying the 17th, 18th, 19th, and 20th weeks of 1994. All 
tires are sold only in the replacement market.
    Uniroyal supports its petition for inconsequential noncompliance 
with the following.

    [Uniroyal does] not believe that this error will impact motor 
vehicle safety since only the week and year of manufacture is 
incorrect.

    Uniroyal offers further rationale in its Part 573 Report.

    The dates marked on these tires could be interpreted as the year 
1987 through 1990 or 1997 through 2000. This tire line was 
introduced during the fourth quarter of 1992; therefore, there would 
not be pre-existent tires with these numbers. In the event a recall 
is necessary prior to the week and year (years 1997 through 2000) 
marked on these tires, there will be no difficulty in identifying 
them since there will be no tires that were actually manufactured 
during these weeks. If it is necessary to recall these tires during 
or after the weeks marked, the recall population would comprise both 
the mismarked and properly marked tires.

    Interested persons are invited to submit written data, views, and 
arguments on the petition of Uniroyal, described above. Comments should 
refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW., Washington, DC 20590. It is requested but not required 
that six copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
petition is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: August 18, 1994.

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

    Issued on: July 13, 1994.
Stanley R. Scheiner,
Acting Associate Administrator for Rulemaking.
[FR Doc. 94-17491 Filed 7-18-94; 8:45 am]
BILLING CODE 4910-59-M