[Federal Register Volume 68, Number 22 (Monday, February 3, 2003)]
[Notices]
[Page 5338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2428]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-13357; 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 11,262 P155/80R 13 79S Uniroyal Tiger Paw AWP 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 October 1, 2002, in the Federal Register (67 FR 
61724). NHTSA received no comment on this application.
    During the period of the 5th through the 48th weeks of 2000, the 
Woodburn, Indiana plant of Uniroyal Goodrich Tire Manufacturing 
produced and cured a total of 11,262 tires with erroneous marking. Of 
this total, no more than 3,796 may have been delivered to end-users. 
The remaining tires have been isolated in Uniroyal warehouses and will 
be brought into compliance.
    FMVSS No. 109 (S4.3(e)) 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.
    The noncompliance with S4.3(e) relates to the mold number. The 
tires were marked: SIDEWALL 2 Plies instead of the required marking of: 
SIDEWALL 1 Ply.
    Uniroyal does not believe that this marking error will impact motor 
vehicle safety because the tires meet all applicable Federal Motor 
Vehicle Safety performance standards, and the noncompliance is one of 
labeling.
    The Transportation Recall, Enhancement, Accountability, and 
Documentation (TREAD) Act (Pub. L. 106-414) required, among other 
things, that the agency initiate rulemaking to improve tire label 
information. In response, 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 on the tire 
labeling information required by 49 CFR Sections 571.109 and 119, Part 
567, Part 574, and Part 575. 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 or no safety value to 
consumers. However, according to the comments, when tires are processed 
for retreading or repairing, it is important for the retreader or 
repair technician to understand the make-up of the tires and the types 
of plies. This enables them to select the proper repair materials or 
procedures for retreading or repairing the tires. A steel cord radial 
tire can experience a circumferential or ``zipper'' rupture in the 
upper sidewall when it is operated underinflated or overloaded. If 
information regarding the number of plies and cord material is removed 
from the sidewall, technicians cannot determine if the tire has a steel 
cord sidewall ply. This information is critical when determining if the 
tire is a candidate for a zipper rupture. In this case, since the steel 
cord construction is properly identified on the sidewall, the 
technician will have sufficient notice.
    In addition, the agency conducted a series of focus groups, as 
required by the TREAD Act, to examine consumer perceptions and 
understanding of tire labeling. Few of the focus group participants had 
knowledge of tire labeling 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 have concluded that it is likely that few 
consumers have been influenced by the tire construction information 
(number of plies and cord material in the sidewall and tread plies) 
provided on the tire sidewall when deciding to buy a motor vehicle or 
tire.
    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. 
This labeling noncompliance has no effect on the performance of the 
subject tires.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance is 
inconsequential to motor vehicle safety. Accordingly, its application 
is granted and the applicant is exempted from providing the 
notification of the noncompliance as required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120.

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

    Issued on: January 28, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-2428 Filed 1-31-03; 8:45 am]
BILLING CODE 4910-59-P