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Federal Register / Vol. 70, No.

174 / Friday, September 9, 2005 / Notices 53711

Reports.’’ Notice of receipt of a petition Issued on: September 2, 2005. other requirements of FMVSS No. 109
was published, with a 30-day comment Ronald L. Medford, and 49 CFR 574.5.
period, on July 27, 2005, in the Federal Senior Associate Administrator for Vehicle NHTSA agrees with Cooper that the
Register (70 FR 43507). NHTSA Safety. noncompliance is inconsequential to
received no comments. [FR Doc. 05–17902 Filed 9–8–05; 8:45 am] motor vehicle safety. As Cooper points
Affected are a total of approximately BILLING CODE 4910–59–P out, the tires do have sidewall markings
430 tires produced on May 24, 2005. which provide the correct size for the
One requirement of S6.5 of FMVSS No. user of this information. In addition, the
119, tire markings, is that the tire DEPARTMENT OF TRANSPORTATION incorrect marking does not affect the
identification shall comply with 49 CFR ability to identify the tires in the event
part 574, ‘‘Tire Identification and National Highway Traffic Safety of recall. Cooper has corrected the
Recordkeeping,’’ which includes the Administration problem.
marking requirements of 574.5(b) DOT In consideration of the foregoing,
size code, and 574.5(c) DOT tire type. [Docket No. NHTSA 2005–21926; Notice 2] NHTSA has decided that the petitioner
The subject tires are incorrectly marked has met its burden of persuasion that
for both size code and tire type. The Cooper Tire & Rubber Company, Grant the noncompliance described is
markings read ‘‘A3 3T 1WP XXXX’’ of Petition for Decision of inconsequential to motor vehicle safety.
when they should read ‘‘A3 55 1N1 Inconsequential Noncompliance Accordingly, Cooper’s petition is
XXXX.’’ Cooper Tire & Rubber Company granted and the petitioner is exempted
Continental Tire explained: (Cooper) has determined that the from the obligation of providing
[T]he curing mold used in the production markings on certain tires that it notification of, and a remedy for, the
of the tires was being serviced. During the produced in 2004 and 2005 do not noncompliance.
service, the interchangeable plugs that comply with S4.3(a) of 49 CFR 571.109, (Authority: 49 U.S.C. 30118, 30120;
contain the DOT size and type information Federal Motor Vehicle Safety Standard delegations of authority at CFR 1.50 and
came out of the mold. The individual (FMVSS) No. 109, ‘‘New pneumatic 501.8)
replacing the plugs inserted plugs engraved tires.’’ Pursuant to 49 U.S.C. 30118(d)
with the incorrect information. The Issued on: September 2, 2005.
and 30120(h), Cooper has petitioned for Ronald L. Medford,
noncompliance was discovered after 430 tires
had been cured in this mold. a determination that this Senior Associate Administrator for Vehicle
noncompliance is inconsequential to Safety.
Continental Tire believes that the motor vehicle safety and has filed an [FR Doc. 05–17903 Filed 9–8–05; 8:45 am]
noncompliance is inconsequential to appropriate report pursuant to 49 CFR
BILLING CODE 4910–59–P
motor vehicle safety and that no part 573, ‘‘Defect and Noncompliance
corrective action is warranted. Reports.’’ Notice of receipt of a petition
Continental Tire stated that ‘‘[a]ll other was published, with a 30-day comment DEPARTMENT OF TRANSPORTATION
sidewall identification markings and period, on July 29, 2005 in the Federal
safety information are correct, referring Register (70 FR 43934). NHTSA National Highway Traffic Safety
to recognizable size markings and load received no comments. Administration
carrying capacities. A consumer or Affected are a total of approximately
dealer examining the DOT Code could 2,606 Cooper Discoverer AST II tires in [Docket No. NHTSA 2005–21930; Notice 2]
still determine the correct the 265/70R16 size, produced between
manufacturing plant and correct Cooper Tire & Rubber Company, Grant
October 10, 2004 and April 16, 2005. of Petition for Decision of
manufacturing date.’’ S4.3, Labeling requirements, requires Inconsequential Noncompliance
NHTSA agrees with Continental that compliance with 49 CFR 574.5, ‘‘Tire
the noncompliance is inconsequential to Identification and Record Keeping, Tire Cooper Tire & Rubber Company
motor vehicle safety. As Continental Identification Requirements.’’ The size (Cooper) has determined that certain
points out, the tires do have markings designation required by Part 574.5 was tires it produced in 2005 do not comply
which provide the correct size and load incorrectly marked on the subject tires, with S4.3(e) of 49 CFR 571.109, Federal
carrying capacities, and the correct which were molded with the letters Motor Vehicle Safety Standard (FMVSS)
manufacturing plant and date can be ‘‘TY’’ as the second grouping of symbols No. 109, ‘‘New pneumatic tires.’’
determined. Therefore, there should be in the tire identification number. The Pursuant to 49 U.S.C. 30118(d) and
no confusion by the user of this correct stamping should have been 30120(h), Cooper has petitioned for a
information, and Continental should be ‘‘C2.’’ determination that this noncompliance
able to identify the tires in the event of Cooper believes that the is inconsequential to motor vehicle
recall. Continental has corrected the noncompliance is inconsequential to safety and has filed an appropriate
problem. motor vehicle safety and that no report pursuant to 49 CFR part 573,
In consideration of the foregoing, corrective action is warranted. Cooper ‘‘Defect and Noncompliance Reports.’’
NHTSA has decided that the petitioner states that the purpose of the tire Notice of receipt of a petition was
has met its burden of persuasion that identification number marking published, with a 30-day comment
the noncompliance described is requirements is to facilitate the ability of period, on July 29, 2005 in the Federal
inconsequential to motor vehicle safety. the tire manufacturer to identify the Register (70 FR 43934). NHTSA
Accordingly, Continental’s petition is tires in the event of a recall. Cooper received no comments.
granted and the petitioner is exempted asserts that the incorrect size Cooper produced approximately 3,070
from the obligation of providing designation in this case does not affect Cooper brand tires during the period
notification of, and a remedy for, the the ability to identify defective or from January 30, 2005 through May 21,
noncompliance. nonconforming tires. Cooper points out 2005 that do not comply with FMVSS
(Authority: 49 U.S.C. 30118, 30120; that the tire size is correctly stamped on No. 109, S4.3(e). S4.3(e) of FMVSS No.
delegations of authority at CFR 1.50 and the sidewalls of the subject tires, and 109 requires that ‘‘each tire shall have
501.8) states that the tires comply with all permanently molded into or onto both

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53712 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Notices

sidewalls * * * (e) Actual number of vehicle safety because most consumers noncompliant tires were marked ‘‘tread
plies in the sidewall, and the actual do not base tire purchases or vehicle 2 ply steel + 2 ply polyester; sidewall 2
number of plies in the tread area if operation parameters on the number of ply polyester.’’ The correct marking
different.’’ The noncompliant tires were plies in the tire. In addition, the tires are should read ‘‘tread 1 ply nylon, 2 ply
marked ‘‘tread 1 ply nylon + 2 ply steel certified to meet all the performance steel + 2 ply polyester; sidewall 2 ply
+ 1 ply polyester; sidewall 2 ply requirements of FMVSS No. 109 and all polyester.’’
polyester.’’ The correct marking should other informational markings as Cooper believes that the
read ‘‘tread 1 ply nylon, 2 ply steel + 2 required by FMVSS No. 109 are present. noncompliance is inconsequential to
ply polyester; sidewall 2 ply polyester.’’ Cooper has corrected the problem. motor vehicle safety and that no
Cooper believes that the In consideration of the foregoing, corrective action is warranted. Cooper
noncompliance is inconsequential to NHTSA has decided that the petitioner states that ‘‘the incorrect number of
motor vehicle safety and that no has met its burden of persuasion that tread plies on each tire does not present
corrective action is warranted. Cooper the noncompliance described is a safety-related defect. In addition to
states that ‘‘the incorrect number of inconsequential to motor vehicle safety. having the number of tread plies marked
tread plies on each tire does not present Accordingly, Cooper’s petition is on the sidewall, the subject tires have an
a safety-related defect. The subject tires, granted and the petitioner is exempted additional nylon tread ply.’’ Cooper
in fact, have 2 polyester tread plies.’’ from the obligation of providing states that the tires comply with all
Cooper states that the tires comply with notification of, and a remedy for, the other requirements of FMVSS No. 119.
all other requirements of FMVSS No. noncompliance. The Transportation Recall,
109. Enhancement, Accountability, and
The Transportation Recall, (Authority: 49 U.S.C. 30118, 30120; Documentation (TREAD) Act (Pub. L.
delegations of authority at CFR 1.50 and
Enhancement, Accountability, and 106–414) required, among other things,
501.8)
Documentation (TREAD) Act (Pub. L. that the agency initiate rulemaking to
106–414) required, among other things, Issued on: September 2, 2005. improve tire label information. In
that the agency initiate rulemaking to Ronald L. Medford, response, the agency published an
improve tire label information. In Senior Associate Administrator for Vehicle Advance Notice of Proposed
response, the agency published an Safety. Rulemaking (ANPRM) in the Federal
Advance Notice of Proposed [FR Doc. 05–17905 Filed 9–8–05; 8:45 am] Register on December 1, 2000 (65 FR
Rulemaking (ANPRM) in the Federal BILLING CODE 4910–59–P 75222).
Register on December 1, 2000 (65 FR The agency received more than 20
75222). comments on the tire labeling
The agency received more than 20 DEPARTMENT OF TRANSPORTATION information required by 49 CFR
comments on the tire labeling Sections 571.109 and 119, Part 567, Part
information required by 49 CFR National Highway Traffic Safety 574, and Part 575. In addition, the
Sections 571.109 and 119, Part 567, Part Administration agency conducted a series of focus
574, and Part 575. In addition, the [Docket No. NHTSA 2005–21929; Notice 2] groups, as required by the TREAD Act,
agency conducted a series of focus to examine consumer perceptions and
groups, as required by the TREAD Act, Cooper Tire & Rubber Company, Grant understanding of tire labeling. Few of
to examine consumer perceptions and of Petition for Decision of the focus group participants had
understanding of tire labeling. Few of Inconsequential Noncompliance knowledge of tire labeling beyond the
the focus group participants had tire brand name, tire size, and tire
knowledge of tire labeling beyond the Cooper Tire & Rubber Company pressure.
tire brand name, tire size, and tire (Cooper) has determined that certain Based on the information obtained
pressure. tires it manufactured during 2004 and from comments to the ANPRM and the
Based on the information obtained 2005 do not comply with S6.5(f) of consumer focus groups, we have
from comments to the ANPRM and the Federal Motor Vehicle Safety Standard concluded that it is likely that few
consumer focus groups, we have (FMVSS) No. 119, ‘‘New pneumatic tires consumers have been influenced by the
concluded that it is likely that few for vehicles other than passenger cars.’’ tire construction information (number of
consumers have been influenced by the Pursuant to 49 U.S.C. 30118(d) and plies and cord material in the sidewall
tire construction information (number of 30120(h), Cooper has petitioned for a and tread plies) provided on the tire
plies and cord material in the sidewall determination that this noncompliance label when deciding to buy a motor
and tread plies) provided on the tire is inconsequential to motor vehicle vehicle or tire.
label when deciding to buy a motor safety and has filed an appropriate Therefore, the agency agrees with
vehicle or tire. report pursuant to 49 CFR part 573, Cooper’s statement that the incorrect
Therefore, the agency agrees with ‘‘Defect and Noncompliance Reports.’’ markings in this case do not present a
Cooper’s statement that the incorrect Notice of receipt of a petition was serious safety concern.1 There is no
markings in this case do not present a published, with a 30-day comment effect of the noncompliance on the
serious safety concern.1 There is no period, on July 29, 2005 in the Federal operational safety of vehicles on which
effect of the noncompliance on the Register (70 FR 43935). NHTSA these tires are mounted. In the agency’s
operational safety of vehicles on which received no comments. judgment, the incorrect labeling of the
these tires are mounted. In the agency’s Cooper produced approximately 195 tire construction information will have
judgment, the incorrect labeling of the Power King brand tires during the an inconsequential effect on motor
tire construction information will have period from May 15, 2005 through May vehicle safety because most consumers
an inconsequential effect on motor 21, 2005 that do not comply with do not base tire purchases or vehicle
FMVSS No. 119, S6.5(f). S6.5(f) of
1 This decision is limited to its specific facts. As 1 This decision is limited to its specific facts. As
FMVSS No. 119 requires that each tire
some commenters on the ANPRM noted, the some commenters on the ANPRM noted, the
existence of steel in a tire’s sidewall can be relevant
shall be marked with ‘‘[t]he actual existence of steel in a tire’s sidewall can be relevant
to the manner in which it should be repaired or number of plies * * * in the sidewall to the manner in which it should be repaired or
retreaded. and, if different, in the tread area.’’ The retreaded.

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