[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42239-42240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15973]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-17623; Notice 2]


Cooper Tire & Rubber Company, Grant 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.'' Pursuant to 49 U.S.C. 
30118(d) and 30120(h), Cooper 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 a petition was published, 
with a 30-day comment period, on May 7, 2004 in the Federal

[[Page 42240]]

Register (69 FR 25655). NHTSA received one comment.
    S6.5(f) of FMVSS No. 119 requires that each tire shall be marked on 
each sidewall with ``the actual number of plies and the composition of 
the ply cord material in the sidewall.'' 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.''
    Cooper stated 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 stated that the incorrect number of steel tread plies on 
each tire does not present a safety issue. Cooper explained:

    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 stated that the involved tires comply with all other 
requirements of FMVSS No. 119.
    One comment was received in response to the notice of receipt. The 
commenter, Barb Sashaw of Florham Park, NJ, stated:

    I do not think there should be any exemption for Cooper Tires. 
This company violated federal standards. Cooper tried to make money 
since 5 ply cots [sic] more than 4 ply and Cooper would then make 
higher profits. It may have been a blatant attempt to steal money 
because consumers would pay more for an inferior tire.

    The issue to be considered in determining whether to grant this 
petition is the effect of the noncompliance on motor vehicle safety. 
The comment does not address this issue, and therefore is not 
persuasive in its argument that the petition should not be granted.
    The agency agrees with Cooper's statement that the incorrect 
designation of 5 plies when there were actually 4 plies in each tire 
does not present a serious safety concern. The agency believes that the 
true measure of inconsequentiality to motor vehicle safety in this case 
is that there is no effect of the noncompliance on the operational 
safety of vehicles on which these tires are mounted.
    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 judgment, 
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 
the number of plies in a tire.
    In addition, the tires are certified to meet all the performance 
requirements of FMVSS No. 119. All other informational markings as 
required by FMVSS No. 119 are present. Cooper has corrected the 
problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Cooper's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: July 7, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15973 Filed 7-13-04; 8:45 am]
BILLING CODE 4910-59-P