[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Notices]
[Pages 66176-66177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32882]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3154]


Cooper Tire & Rubber Company; Receipt of Application for Decision 
of Inconsequential Noncompliance

    Cooper Tire & Rubber Company (Cooper) of Findlay, Ohio has 
determined that some of its tires fail to comply with the labeling 
requirements of 49 CFR Part 574 ``Tire Identification and 
Recordkeeping,'' and has filed an appropriate report pursuant to 49 CFR 
Part 573, ``Defect and Noncompliance Reports.'' Cooper has also applied 
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.
    Although the applicant expresses noncompliance with Part 574, NHTSA 
considers this to be a noncompliance with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 119, New pneumatic tires for vehicles other than 
passenger cars. Paragraph S6.5(b) of FMVSS No. 119 requires each tire 
to be marked with a ``tire identification number'' required by Part 574 
of this chapter. If a tire lacks this number, it fails to comply with 
FMVSS No. 119 and is subject to notification and remedy.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the application.
    In Sec. 574.5(d) Fourth Grouping--The manufacturer is required to 
identify the week and year of manufacture using three symbols. The 
first two symbols identify the week of the year using ``01'' for the 
first full calendar week in each year. The third symbol identifies the 
year. The purpose of this information is to facilitate the notification 
of purchasers regarding defective or non-conforming tires, pursuant to 
Sections 30118 and 30119 of Title 49, United States Codes, so that the 
appropriate action can be taken in the interest of public safety--such 
as, a safety recall notice.
    During the thirty-second production week of 1997, Cooper produced 
and inadvertently shipped twenty-eight (28) tires without the date 
code. This occurred after the tires originally were labeled with the 
correct date code upside-down; Cooper removed the improperly oriented 
date code by buffing. The tires were then inadvertently shipped with 
only the identification of ``DOT UPOP''--where ``UP'' is the 
identification code for Cooper's Findlay plant and ``OP'' is the 
identification of the tire size. The subject tires are Cooper SRM 
Radial LT 215/85R16, Load Range D.
    Cooper supports its application for inconsequential noncompliance 
with the following:
    ``The incomplete DOT identification code on each tire does not 
present a safety-related defect.''
    ``The involved tires are capable of being registered with UPOP. 
They have a unique DOT identification with would permit Cooper to 
notify the purchasers of these tires, if properly registered, should 
they be recalled for other reasons.''

[[Page 66177]]

    ``The involved tires produced from this mold during the 
aforementioned production period comply with all other requirements of 
49 CFR 571.119 and 574.5.''
    Interested persons are invited to submit written data, views, and 
arguments on the application of Cooper described above. Comments should 
refer to the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room Pub. L. 401, 400 Seventh 
Street, S.W., Washington, D.C., 20590. It is requested that two 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 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: January 16, 1998.

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

    Issued on: December 11, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-32882 Filed 12-16-97; 8:45 am]
BILLING CODE 4910-59-P