[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Notices]
[Page 63090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30010]



[[Page 63090]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-10288; Notice 2]


Cooper Tire & Rubber Company; Grant of Application for Decision 
That Noncompliance Is Inconsequential to Motor Vehicle Safety

    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.''
    Notice of receipt of the application was published on August 14, 
2001, with a 30-day comment period (66 FR 42705). NHTSA received no 
comments on this application.
    FMVSS No. 109 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 (S4.3 (e)). 
The Tupelo, Mississippi, tire manufacturing facility had nine (9) molds 
involved in tire production 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 stated 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 and they comply 
with all other requirements of 49 CFR 571.109.
    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 sections 571.109 and 
571.119, 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 labeling requirements of FMVSS 
109, S4.3 (d) and (e), most commenters indicated that the information 
was of little value to consumers. However, the tire construction 
information is valuable to the tire retreading, 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 tire labeling 
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 the 
information molded into the tire sidewall with the exception of 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 believe that few consumers are influenced 
by the tire construction information (number of plies and cord material 
in the sidewall and tread plies) molded into the tire sidewall when 
making a motor vehicle or tire purchase decision. However, the tire 
repair, retread, and recycling industries do use the tire construction 
information, according to comments from industry associations, and the 
agency will consider this during development of the tire labeling 
rulemaking.
    The agency believes that the best 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 tire strength and durability, 
neither the agency nor the tire industry provides information relating 
the strength and durability of a tire to the number and types of plies 
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, tread wear, temperature, and traction when 
assessing performance capabilities of various tires.
    In the agency's judgment, the incorrect labeling of the tire 
construction information will have an inconsequential effect on motor 
vehicle safety. The agency believes the safety of the users of these 
tires will not be adversely affected by the noncompliance because most 
consumers do not base tire purchases or vehicle operation parameters on 
tire construction information. Additionally, the tire construction is 
more robust than the label indicates (2 polyester tread plies instead 
of 1). The agency has reached the conclusion that the noncompliance 
will not have an adverse 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 
burden of persuasion has been met and that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, the applications 
from Cooper and Pep Boys are granted and the applicants are 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: November 29, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-30010 Filed 12-3-01; 8:45 am]
BILLING CODE 4910-59-P