[Federal Register Volume 59, Number 238 (Tuesday, December 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30592]


[[Page Unknown]]

[Federal Register: December 13, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-61; Notice 2]

 

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

    The Uniroyal Goodrich Tire Company (Uniroyal) of Greenville, South 
Carolina, determined that some of its tires failed to comply with 49 
CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, 
``New Pneumatic Tires,'' and filed an appropriate report pursuant to 49 
CFR Part 573, ``Defect and Noncompliance Reports.'' Uniroyal 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 to motor vehicle safety.
    Notice of receipt of the petition was published on July 19, 1994, 
and an opportunity afforded for comment (59 FR 36832). This notice 
grants Uniroyal's 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 which 
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 numbers 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 supported 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 offered 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 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.

    No comments were received on the petition.
    NHTSA has reviewed FMVSS No. 109 and the petitioner's arguments. 
The primary purpose that the identification number serves is to 
facilitate identification of tires that are the subject of notification 
and remedy campaigns. The erroneous date code marking does not affect 
the ability to identify the tires in the event a campaign is conducted 
either before or after the erroneously indicated manufacture date. If a 
recall campaign is required on the tires before the 16th week of 1997, 
their date code, like any tire's conforming date code, permits instant 
identification of a tire in the recall population. Should a campaign be 
required on tires of this tire line manufactured during the 16th weeks 
of 1997, 1998, and 1999, and the 12th week of 2000, or on the tires in 
question, the petitioner will have to campaign both sets of tires, 
compliant tires as well as noncompliant ones, but this is a burden to 
be borne by the petitioner and does not affect safety in a negative 
way.
    In consideration of the foregoing, the Administrator has decided 
that Uniroyal has met its burden of persuasion and that the 
noncompliance herein described is inconsequential to motor vehicle 
safety. Accordingly, the Administrator exempts Uniroyal from the 
notification requirements of 49 U.S.C. 30118, and the remedy 
requirements of 49 U.S.C. 30120.

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

    Issued on December 8, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-30592 Filed 12-12-94; 8:45 am]
BILLING CODE 4910-59-P