[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Page 73324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7123]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-23168; Notice 1]


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

    Cooper Tire & Rubber Company (Cooper) has determined that certain 
tires that it produced in 2005 do not comply with S4.3(a) of 49 CFR 
571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New 
pneumatic tires'' and with 49 CFR 574.5, Tire ``Identification 
Requirements''. 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 488 size 225/70R15 tires 
produced during the period January 30, 2005 through April 16, 2005. 
S4.3(a) and Sec.  574.5(b) require a tire identification number (TIN) 
on the tire which includes a size designation. The noncompliant tires 
were molded with the letters ``X5'' as the size designation. The 
correct stamping should have been ``35.''
    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 TIN is to facilitate notifying consumers 
in the event of a recall. Cooper says that if it was required to notify 
purchasers, ``the subject tires could be easily identified''. Cooper 
points out that the correct tire size appears elsewhere on the tire, 
including twice on each sidewall, and the tires meet all other 
requirements of FMVSS No. 109 and 49 CFR 574.5.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. 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: January 9, 2006.

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

    Issued on: December 5, 2005.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E5-7123 Filed 12-8-05; 8:45 am]
BILLING CODE 4910-59-P