[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Notices]
[Pages 25655-25656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10472]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17623; Notice 1]


Cooper Tire & Rubber Company, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Cooper Tire & Rubber Company (Cooper), has determined that certain 
tires it manufactured during 2004 do not comply with S6.5(f) of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 119, ``New pneumatic tires 
for vehicles other than passenger cars.'' Cooper has filed an 
appropriate report pursuant to 49 CFR Part 573, ``Defect and 
Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper has petitioned 
for an exemption from the notification and remedy requirements of 49 
U.S.C. chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of Cooper's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.

[[Page 25656]]

    Cooper produced approximately 148 size 11R24.5 Cooper and 
Mastercraft brand tubeless radial tires during the period from February 
29, 2004 through March 6, 2004, that do not comply with FMVSS No. 119, 
S6.5(f). These tires were marked ``tread 5 plies steel; sidewall 1 ply 
steel,'' when they should have been marked ``tread 4 plies steel; 
sidewall 1 ply steel.''
    S6.5(f) of FMVSS No. 119 requires that each tire shall be marked 
with ``[t]he actual number of plies * * * in the sidewall and, if 
different, in the tread area.'' Cooper states that the incorrect number 
of steel tread plies was removed from the molds by buffing and the 
correct number of steel tread plies inserted; however, prior to the 
molds being correctly stamped, 148 tires were inadvertently shipped.
    Cooper states that the incorrect number of steel tread plies on 
each tire does not present a safety issue. Cooper explains:

    The involved tires have been redesigned by Cooper, and the fifth 
steel belt removed. This change was done to improve tread wear 
resistance and has no effect on the tire's ability to meet all 
applicable DOT testing standards. The certification data from the 
redesigned four steel ply construction showed no remarkable 
difference when compared to the equivalent certification data for 
the previous five ply steel construction. Both sets of data are well 
in excess of DOT requirements.

    Cooper states that the involved tires comply with all other 
requirements of FMVSS No. 119.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments 
may be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: June 7, 2004.

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

    Issued on: May 4, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-10472 Filed 5-6-04; 8:45 am]
BILLING CODE 4910-59-P