[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Page 63191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25791]
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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