Uniroyal Goodrich Tire Company; Grant of Petition for Determination of Inconsequential Noncompliance

Topics:  Uniroyal

Barry Felrice
National Highway Traffic Safety Administration
March 11, 1994

[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-5773]


[[Page Unknown]]

[Federal Register: March 11, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
[Docket No. 94-1; Notice 2]

 

Uniroyal Goodrich Tire Company; Grant of Petition for 
Determination of Inconsequential Noncompliance

    The Uniroyal Goodrich Tire Company (Uniroyal) of Greenville, South 
Carolina, determined that some of its tires fail to comply with 49 CFR 
571.109, Motor Vehicle Safety Standard No. 109, ``New Pneumatic 
Tires,'' and 49 CFR 571.119, Motor Vehicle Safety Standard No. 119, 
``New Pneumatic Tires for Vehicles Other Than Passenger Cars,'' and 
filed an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Uniroyal also petitioned to be exempted from 
the notification and remedy requirements of the National Traffic and 
Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) on the basis that the 
noncompliance is inconsequential as it relates to motor vehicle safety.
    Notice of receipt of the petition was published on January 13, 1994 
(59 FR 1989) and an opportunity afforded for comment.
    Paragraph S4.3.3(b) of Standard No. 109 and paragraph S6.5(d) of 
Standard No. 119 specify that each tire be labeled with an 
identification number. The last digit of this identification number 
should represent the year of manufacture.
    In the 46th week of 1993, Uniroyal manufactured approximately 6,500 
tires in several brands and sizes with an incorrect year of manufacture 
contained in the tire identification number. The last digit in the 
identification number on these tires was incorrectly marked ``4,'' 
signifying 1994. The last number should have been ``3,'' signifying 
1993.
    Uniroyal supported its petition for inconsequential noncompliance 
with the statement that it did not ``believe that this error will 
impact motor vehicle safety since only the year of manufacture is 
incorrect.'' All tires are sold only in the replacement market.
    No comments were received on the petition.
    The primary safety purpose of the manufacturing date code is to 
enable identification of tires for the purposes of notification and 
remedy in the event they are determined to be noncompliant or 
incorporate a safety-related defect. If it is necessary to recall the 
tires before the 46th week of 1994, there will be no difficulty in 
identifying them, as there will be no tires that were truly 
manufactured in the 46th week of 1994 by that point in time. If it is 
necessary to recall them during or after the 46th week of 1994, the 
recall population will comprise both the mismarked and properly marked 
tires, the disadvantage being to the manufacturer rather than to motor 
vehicle safety.
    For the reason expressed above, the petitioner has met its burden 
of persuasion that the noncompliance described herein is 
inconsequential as it relates to motor vehicle safety, and its petition 
is granted.

(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 49 CFR 
501.8)

    Issued on: March 8, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-5773 Filed 3-10-94; 8:45 am]
BILLING CODE 4910-59-M