[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Page 43934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14975]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21930; 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 produced in 2005 do not comply with S4.3(e) of 49 CFR 571.109, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New pneumatic 
tires.'' 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.
    Cooper produced approximately 3,070 Cooper brand tires during the 
period from January 30, 2005 through May 21, 2005 that do not comply 
with FMVSS No. 109, S4.3(e). S4.3(e) of FMVSS No. 109 requires that 
``each tire shall have permanently molded into or onto both sidewalls * 
* * (e) Actual number of plies in the sidewall, and the actual number 
of plies in the tread area if different.'' The noncompliant tires were 
marked ``tread 1 ply nylon + 2 ply steel + 1 ply polyester; sidewall 2 
ply polyester.'' The correct marking should read ``tread 1 ply nylon, 2 
ply steel + 2 ply polyester; sidewall 2 ply polyester.''
    Cooper believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Cooper 
states that ``the incorrect number of tread plies on each tire does not 
present a safety-related defect. The subject tires, in fact, have 2 
polyester tread plies.'' Cooper states that the 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: August 29, 2005.

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

    Issued on: July 22, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-14975 Filed 7-28-05; 8:45 am]
BILLING CODE 4910-59-P