[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Notices]
[Pages 42705-42706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20308]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-10288; Notice 1]


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

    Cooper Tire & Rubber Company (Cooper) has determined that certain 
Mastercraft, Roadmaster, Starfire and Futura brand tires in the P225/
60R15 size do not meet the labeling requirements mandated by Federal 
Motor Vehicle Safety Standard (FMVSS) No. 109, ``New Pneumatic Tires.'' 
Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper and Pep Boys, the 
brand name owner for the Futura tires produced by Cooper, have 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and have filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
Reports.''
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not

[[Page 42706]]

represent any agency decision or other exercise of judgment concerning 
the merits of the application.
    FMVSS No. 109 requires that each tire shall have permanently molded 
into or onto both sidewalls the actual number of plies in the sidewall, 
and the actual number of plies in the tread area if different (S4.3 
(e)). The Tupelo, Mississippi, tire manufacturing facility had nine (9) 
molds involved in producing tires during the thirteenth through 
sixteenth production weeks of 2001, in which the number of polyester 
tread plies was incorrectly stated. According to Cooper, the subject 
tires were molded ``TREAD 2 PLY STEEL + 1 PLY POLYESTER, SIDEWALL 2 PLY 
POLYESTER.'' The correct molding to match the actual tire construction 
should have been ``TREAD 2 PLY STEEL + 2 PLY POLYESTER, SIDEWALL 2 PLY 
POLYESTER.''
    The incorrect number of polyester tread plies was removed from the 
molds by buffing and the correct number of polyester tread plies 
inserted; however, prior to the molds being correctly stamped, 503 
tires, of which 40 were Futura tires owned by Pep Boys, were 
inadvertently shipped marked as having only one polyester tread ply. 
Cooper states that the incorrect number of polyester tread plies on 
each tire does not present a safety-related defect. The involved tires, 
in fact, have two polyester tread plies instead of one. The involved 
tires produced from these molds during the aforementioned production 
periods comply with all other requirements of 49 CFR 571.109.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 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: (30 days after Publication Date).

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: August 8, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-20308 Filed 8-13-01; 8:45 am]
BILLING CODE 4910-59-P