[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Notices]
[Pages 62496-62497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27655]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-14371; Notice 2]


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

    Cooper Tire & Rubber Company (Cooper) has determined that certain 
Mastercraft Avenger GT brand tires in the P275/60 R15 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 has petitioned for a determination 
that this

[[Page 62497]]

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 30, 2003, in the 
Federal Register (68 FR 5972). NHTSA received no comments.
    The petitioner argued as follows: FMVSS No. 109(S4.3(a)) requires 
that one size designation be molded on the tire's sidewall, except that 
equivalent inch and metric size designations may be used. The correct 
size designation, P275/60R15, was molded on both upper sidewalls and 
the lower sidewall on the DOT serial number side. However, on the side 
opposite the DOT serial number, a number of tires were stamped with an 
incorrect size designation of P275/80R15 in the lower sidewall area. 
The noncompliant tires were produced during the 23rd and 32nd 
production weeks of 2002.
    The incorrect size designation was removed from the mold and the 
correct size designation inserted; however, prior to the mold being 
correctly stamped, 5,706 tires were inadvertently shipped marked with 
the one incorrect size designation.
    Cooper states that the incorrect size designation on each tire is 
inconsequential to safety. The incorrect marking is the series 
designation. In the two most prominent locations and the serial side of 
the tire, the series designation is correct. Additionally there is no 
P275/15 sized tire manufactured in an 80 series. The noncompliant tires 
produced from the involved mold during the aforementioned production 
periods comply with all other requirements of FMVSS 109.
    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 tires are certified to meet all the performance requirements of 
FMVSS No. 109. The agency agrees with Cooper's statement indicating 
that the incorrect size designation on each tire does not present a 
serious safety concern. Although there is an incorrect size marking in 
one location on the tire that refers to the tire's series, we note that 
the correct tire size is stamped in three other locations on the tire 
sidewall. The incorrectly-stated series does not constitute a safety 
concern, since the incorrect designation does not exist and the 
consumer or the tire dealer can locate the correct tire size elsewhere 
on the tire sidewall. Cooper has also correctly stamped the mold thus 
correcting the problem.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Cooper's application is granted and the applicant is exempted from 
providing the notification of the noncompliance as would be required by 
49 U.S.C. 30118, and from remedying the noncompliance, as would be 
required by 49 U.S.C. 30120.

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

    Issued on: October 30, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-27655 Filed 11-3-03; 8:45 am]
BILLING CODE 4910-59-P