[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Notices]
[Pages 47518-47519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22848]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-8557; Notice 2]


Uniroyal Goodrich Tire Manufacturing; Grant of Application for 
Decision That Noncompliance Is Inconsequential to Motor Vehicle Safety

    Uniroyal Goodrich Tire Manufacturing (Uniroyal) has determined that 
a total of 284 P205/60R15 Regul Sport Challenger passenger tires 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), Uniroyal has 
petitioned for a determination that this noncompliance is 
inconsequential to motor vehicle safety and has filed an appropriate 
report pursuant to 49 CFR part 573, ``Defect and Noncompliance 
Reports.''
    Notice of receipt of the application was published, with a 30-day 
comment period, on January 4, 2001, in the Federal Register (66 FR 
845). NHTSA received no comments on this application.
    FMVSS No. 109, paragraph S4.3(d), requires that each tire have 
permanently molded into or onto both sidewalls the generic name of each 
cord material used in the plies (both sidewall and tread area) of the 
tire. Paragraph S4.3(e) requires that each tire 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.
    The noncompliance with paragraph S4.3 (d) and (e) involves tires 
that were marked: Tread Plies: 2 Polyester + 2 Steel + 1 Nylon, 
Sidewall Plies: 2 Polyester, instead of the correct marking of: Tread 
Plies: 1 Polyester +2 Steel, Sidewall Plies: 1 Polyester.
    Uniroyal states that of the total (284) tires produced, no more 
than 17 may have been delivered to end users. The remaining tires have 
been isolated in their warehouses and are being scrapped. Uniroyal does 
not believe that this marking error will impact motor vehicle safety 
because the tires meet all applicable Federal motor vehicle safety 
standards.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act of November 2000 required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response to Section 11 of the TREAD Act, the agency 
published an Advance Notice of Proposed Rulemaking (ANPRM) in the 
Federal Register on December 1, 2000 (65 FR 75222). The agency received 
more than 20 comments addressing the ANPRM, which sought comments on 
the tire labeling information required by 49 CFR part 571.109 and 119, 
part 567, part 574, and part 575. Most of the comments were from motor 
vehicle and tire manufacturers, although several private citizens and 
consumer interest organizations responded to the ANPRM. With regard to 
the tire construction (number of plies and type of ply cord material in 
the tread and sidewall) labeling requirements of FMVSS 109, paragraphs 
S4.3 (d) and (e), most commenters indicated that the information was of 
little or no safety

[[Page 47519]]

value to consumers. However, the tire construction information is 
valuable to the tire re-treading, repair, and recycling industries, 
according to several trade groups representing tire manufacturing. The 
International Tire and Rubber Association, Inc. (ITRA) indicated that 
the tire construction information is used by tire technicians to 
determine the steel content of a tire and to select proper retread, 
repair, and recycling procedures.
    In addition to the written comments solicited by the ANPRM, the 
agency conducted a series of focus groups, as required by TREAD, to 
examine consumer perceptions and understanding of tire labeling. Few of 
the focus group participants had knowledge of tire label information 
beyond the tire brand name, tire size, and tire pressure.
    Based on the information obtained from comments to the ANPRM and 
the consumer focus groups, we concur that it is likely that few 
consumers are influenced by the tire construction information (number 
of plies and cord material in the sidewall and tread plies) provided on 
the tire label when making a motor vehicle or tire purchase decision. 
However, the tire repair, retread, and recycling industries do use the 
tire construction information.
    The agency believes that the true measure of inconsequentiality to 
motor vehicle safety in this case is the effect of the noncompliance on 
the operational safety of vehicles on which these tires are mounted. 
The safety of people working in the tire retread, repair, and recycling 
industries must also be considered. Although tire construction affects 
the strength and durability, neither the agency nor the tire industry 
provides information relating tire strength and durability to the 
number of plies and types of ply cord material in the tread and 
sidewall. Therefore, tire dealers and customers should consider the 
tire construction information along with other information such as the 
load capacity, maximum inflation pressure, and tread wear, temperature, 
and traction ratings, to assess performance capabilities of various 
tires. In the agency's judgement, the incorrect labeling of the tire 
construction information will have an inconsequential effect on motor 
vehicle safety because most consumers do not base tire purchases or 
vehicle operation parameters on tire construction information. The 
agency believes the noncompliance will have no measurable effect on the 
safety of the tire retread, repair, and recycling industries. The use 
of steel cord construction in the sidewall and tread is the primary 
safety concern of these industries, according to ITRA. In this case, 
the steel used in the construction of the tires is properly labeled.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met the burden of persuasion and that the noncompliance 
is inconsequential to motor vehicle safety. Accordingly, Uniroyal's 
application is granted and the applicant is exempted from providing the 
notification of the noncompliance that would be required by 49 U.S.C. 
30118, and from remedying the noncompliance, as would be required by 49 
U.S.C. 30120.

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

    Issued on: September 7, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-22848 Filed 9-11-01; 8:45 am]
BILLING CODE 4910-59-P