Cooper Tire and Rubber Company; Receipt of Petition for Determination of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-66; Notice 1]

Cooper Tire and Rubber Company; Receipt of Petition for

Determination of Inconsequential Noncompliance

The Cooper Tire and Rubber Company (Cooper) of Findlay, Ohio, has

determined that some of its tires fail to comply with 49 CFR 571.109,

Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ``New Pneumatic

Tires,'' and has filed an appropriate report pursuant to 49 CFR Part

573, ``Defect and Noncompliance Reports.'' Cooper has also petitioned

to be exempted from the notification and remedy requirements of 49

U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the

noncompliance is inconsequential as it relates to motor vehicle safety.

This notice of receipt of a petition is published under 49 U.S.C.

Sections 30118 and 30120 (formerly Section 157 of the National Traffic

and Motor Vehicle Safety Act (15 U.S.C. 1417)) and does not represent

any agency decision or other exercise of judgment concerning the merits

of the petition.

Paragraph S4.3(a) of FMVSS No. 109 specifies that each tire be

labeled with ``[o]ne size designation, except that equivalent inch and

metric size designations may be used.''

During the periods of the 8th week through the 18th week of 1994,

Cooper produced 8,097 175/70R13, Cooper Sport 1000 Metric GT,

polyester/steel belted, tubeless, black sidewall, radial tires with

incorrect size designations. These tires were incorrectly stamped near

the beads with a designation of 175/75R13 in characters 0.156 inch in

height, whereas it should have been stamped 175/70R13. However, the

tires are correctly labeled with 175/70R13, in characters 0.400 inch

high, on the mid-sidewall area. Cooper has recovered 1281 of these

tires to correct them prior to sale. At the time it petitioned the

agency, 6,816 remained unaccounted for.

Cooper supports its petition for inconsequential noncompliance with

the following. Cooper also provided mold stamp drawings which show the

two areas on each side of the subject tires where the size is molded

into them.

The tires in question are incorrectly stamped on both sides, in

the area of the sidewall closest to the bead, with designation 175/

75R13. The tires are correctly stamped on both sides in the mid-

sidewall of the tire with the correct designation 175/70R13 in

characters 0.400 inch in height. In addition, each tire contains an

adhesive paper tread label which is attached to the tread area of

each tire indicating the correct size 175/70R13.

The mislabel on each tire is incorrect only as to the aspect

ratio (or series), that is 75, of the tire. The cross section width

of 175, the designation of radial, and the rim diameter of 13 are

all correct. Also the maximum load and inflation stampings on both

sidewall of each tire are correct for a 175/70R13 tire.

Further, a 175/75R13 [tire] has never been produced by Cooper,

has never been standardized by the Tire and Rim Association, and to

the best of [Cooper's] knowledge, has never been produced by anyone,

therefore, the possibility of misapplication does not exist.

The tires produced from this mold during the aforementioned time

period comply with all other requirements of 49 CFR 571.

Interested persons are invited to submit written data, views, and

arguments on the petition of Cooper, described above. Comments should

refer to the docket number and be submitted to: Docket Section,

National Highway Traffic Safety Administration, Room 5109, 400 Seventh

Street, SW., Washington, D.C., 20590. It is requested but not required

that six copies be submitted.

All comments received before the close of business on the closing

date indicated below will be considered. The application and supporting

materials, and all comments received after the closing date, will also

be filed and will be considered to the extent possible. When the

petition is granted or denied, the notice will be published in the

Federal Registered pursuant to the authority indicated below.

Comment closing date: (August 29, 1994.

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

49 CFR 501.8).

Issued on: July 25, 1994.

Barry Felrice,

Associate Administrator for Rulemaking.

[FR Doc. 94-18518 Filed 7-18-94; 8:45 am]

BILLING CODE 4910-59-M