[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Pages 43934-43935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14978]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21926; Notice 1]


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

    Cooper Tire & Rubber Company (Cooper) has determined that the 
markings on certain tires that it produced in 2004 and 2005 do not 
comply with S4.3(a) 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.
    Affected are a total of approximately 2,606 Cooper Discoverer AST 
II tires in the 265/70R16 size, produced between October 10, 2004 and 
April 16, 2005. S4.3, Labeling requirements, requires compliance with 
49 CFR part 574.5, ``Tire Identification and Record Keeping, Tire 
Identification Requirements.'' The size designation required by part 
574.5 was incorrectly marked on the subject tires, which were molded 
with the letters ``TY'' as the second grouping of symbols in the tire 
identification number. The correct stamping should have been ``C2.''
    Cooper believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Cooper 
states that the purpose of the tire identification number marking 
requirements is to facilitate the ability of the tire manufacturer to 
identify the tires in the event of a recall. Cooper asserts that the 
incorrect size designation in this case does not affect the ability to 
identify defective or nonconforming tires. Cooper points out that the 
tire size is correctly stamped on the sidewalls of the subject tires, 
and states that the tires comply with all other requirements of FMVSS 
No. 109 and 49 CFR 574.5.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described

[[Page 43935]]

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. 05-14978 Filed 7-28-05; 8:45 am]
BILLING CODE 4910-59-P