[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Notices]
[Page 4397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-959]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2005-23168; Notice 2]


Cooper Tire & Rubber Company, Grant 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.'' 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 December 9, 2005 in the Federal Register (70 FR 
73324). NHTSA received no comments.
    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 Part 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 tire identification number 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.
    NHTSA agrees with Cooper that the noncompliance is inconsequential 
to motor vehicle safety. As Cooper points out, the tires do have 
sidewall markings which provide the correct size for the user of this 
information. In addition, the incorrect marking does not affect the 
ability to identify the tires in the event of recall. 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 
CFR 1.50 and 501.8)

    Issued on: January 20, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-959 Filed 1-25-06; 8:45 am]
BILLING CODE 4910-59-P