Cooper Tire and Rubber Company; Receipt of Petition for Determination of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Barry Felrice Date: 29 July 1994 Subject: American Government , Safety, Tires Topic: Cooper Tires

[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18518]


[[Page Unknown]]

[Federal Register: July 29, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-66; Notice 1]

 

Cooper Tire and Rubber Company; Receipt of Petition for 
Determination of Inconsequential Noncompliance

    The Cooper Tire and Rubber Company (Cooper) of Findlay, Ohio, 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.'' Cooper has also petitioned 
to be exempted from the notification and remedy requirements of 49 
U.S.C. Chapter 301--``Motor Vehicle Safety'' 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 49 U.S.C. 
Sections 30118 and 30120 (formerly 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(a) of FMVSS No. 109 specifies that each tire be 
labeled with ``[o]ne size designation, except that equivalent inch and 
metric size designations may be used.''
    During the periods of the 8th week through the 18th week of 1994, 
Cooper produced 8,097 175/70R13, Cooper Sport 1000 Metric GT, 
polyester/steel belted, tubeless, black sidewall, radial tires with 
incorrect size designations. These tires were incorrectly stamped near 
the beads with a designation of 175/75R13 in characters 0.156 inch in 
height, whereas it should have been stamped 175/70R13. However, the 
tires are correctly labeled with 175/70R13, in characters 0.400 inch 
high, on the mid-sidewall area. Cooper has recovered 1281 of these 
tires to correct them prior to sale. At the time it petitioned the 
agency, 6,816 remained unaccounted for.
    Cooper supports its petition for inconsequential noncompliance with 
the following. Cooper also provided mold stamp drawings which show the 
two areas on each side of the subject tires where the size is molded 
into them.


    The tires in question are incorrectly stamped on both sides, in 
the area of the sidewall closest to the bead, with designation 175/
75R13. The tires are correctly stamped on both sides in the mid-
sidewall of the tire with the correct designation 175/70R13 in 
characters 0.400 inch in height. In addition, each tire contains an 
adhesive paper tread label which is attached to the tread area of 
each tire indicating the correct size 175/70R13.
    The mislabel on each tire is incorrect only as to the aspect 
ratio (or series), that is 75, of the tire. The cross section width 
of 175, the designation of radial, and the rim diameter of 13 are 
all correct. Also the maximum load and inflation stampings on both 
sidewall of each tire are correct for a 175/70R13 tire.
    Further, a 175/75R13 [tire] has never been produced by Cooper, 
has never been standardized by the Tire and Rim Association, and to 
the best of [Cooper's] knowledge, has never been produced by anyone, 
therefore, the possibility of misapplication does not exist.
    The tires produced from this mold during the aforementioned time 
period comply with all other requirements of 49 CFR 571.


    Interested persons are invited to submit written data, views, and 
arguments on the petition of Cooper, 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, D.C., 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 Registered pursuant to the authority indicated below.
    Comment closing date: (August 29, 1994.


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

    Issued on: July 25, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-18518 Filed 7-18-94; 8:45 am]
BILLING CODE 4910-59-M