Uniroyal Goodrich Tire Manufacturing, Grant of Application for Decision That Noncompliance is Inconsequential to Motor Vehicle Safety

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2002-12528; Notice 2]

Uniroyal Goodrich Tire Manufacturing, Grant of Application for

Decision That Noncompliance is Inconsequential to Motor Vehicle Safety

Uniroyal Goodrich Tire Manufacturing (Uniroyal) has determined that

approximately 3,023 P235/70R16 BFGoodrich Radial Long Trail tires do

not meet the labeling requirements mandated by Federal Motor Vehicle

Safety Standard (FMVSS) No. 109, ``New Pneumatic Tires.''

Pursuant to 49 U.S.C. 30118(d) and 30120(h), Uniroyal 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 the application was published, with a 30-day

comment period, on June 25, 2002, in the Federal Register (67 FR

42846). NHTSA received no comment on this application.

During the period of the 8th through the 10th and the 12th through

the 14th weeks of 2002, the Ardmore, Oklahoma plant of Uniroyal

Goodrich Tire Manufacturing produced and cured a number of tires with

erroneous marking.

FMVSS No. 109 (S4.3(d)) requires that each tire shall have

permanently molded the generic name of each cord material used in the

plies (both sidewall and tread area) of the tire. Also, S4.3(e)

requires that each tire shall have permanently molded into or onto both

sidewalls the actual number of plies in the sidewall, and the actual

number of plies in the tread area if different.

The noncompliance with S4.3(d) and (e) relates to the mold. The

tires were marked ``Tread Plies: 2 Polyester + 2 Steel + 1 Nylon,''

instead of the correct marking ``Tread Plies: 2 Polyester + 2 Steel.''

Uniroyal states that of the total 3,023 tires produced, 1,460 have

been isolated and will be brought into compliance or scrapped. Uniroyal

does not believe that this marking error will impact motor vehicle

safety because the tires meet all applicable Federal Motor Vehicle

Safety performance standards, conform to the original specifications,

and the noncompliance is one solely of labeling.

The Transportation Recall, Enhancement, Accountability, and

Documentation (TREAD) Act (Public Law 106-414) required, among other

things, that the agency initiate rulemaking to improve tire label

information. In response, the agency published an Advance Notice of

Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000

(65 FR 75222). The agency received more than 20 comments on the tire

labeling information required by 49 CFR Sections 571.109 and 119, Part

567, Part 574, and Part 575. With regard to the tire construction

labeling requirements of FMVSS 109, S4.3(d) and (e), most commenters

indicated that the information was of little or no safety value to

consumers. However, according to the comments, when tires are processed

for retreading or repairing, it is important for the retreader or

repair technician to understand the make-up of the tires and the types

of plies. This enables them to select the proper repair materials or

procedures for retreading or repairing the tires. A steel cord radial

tire can experience a circumferential or ``zipper'' rupture in the

upper sidewall when it is operated underinflated or overloaded. If

information regarding the number of plies and cord material is removed

from the sidewall, technicians cannot determine if the tire has a steel

cord sidewall ply. As a result, many light truck tires will be inflated

outside a restraining device or safety cage where they represent a

substantial threat to the technician. This information is critical when

determining if the tire is a candidate for a zipper rupture. In this

case, since the steel cord construction is properly identified on the

sidewall, the technician will have sufficient notice.

In addition, the agency conducted a series of focus groups, as

required by the TREAD Act, to examine consumer perceptions and

understanding of tire labeling. Few of the focus group participants had

knowledge of tire labeling beyond the tire brand name, tire size, and

tire pressure.

Based on the information obtained from comments to the ANPRM and

the consumer focus groups, we have concluded that it is likely that few

consumers have been influenced by the tire construction information

(number of plies and cord material in the sidewall and tread plies)

provided on the tire label when deciding to buy a motor vehicle or

tire.

The agency believes that the true measure of inconsequentiality to

motor vehicle safety in this case is the effect of the noncompliance on

the operational safety of vehicles on which these tires are mounted.

This labeling noncompliance has no effect on the performance of tires

of 2 Polyester and 2 Steel Ply construction.

In consideration of the foregoing, NHTSA has decided that the

applicant has met its burden of persuasion that the noncompliance is

inconsequential to motor vehicle safety. Accordingly, its application

is granted and the applicant is exempted from providing the

notification of the noncompliance as required by 49 U.S.C. 30118, and

from remedying the noncompliance, as required by 49 U.S.C. 30120.

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

501.8)

Issued on: October 4, 2002.

Stephen R. Kratzke,

Associate Administrator for Rulemaking.

[FR Doc. 02-25791 Filed 10-9-02; 8:45 am]

BILLING CODE 4910-59-P