[Federal Register: November 18, 2002 (Volume 67, Number 222)]
[Rules and Regulations]
[Page 69599-69632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no02-6]
[[Page 69599]]
-----------------------------------------------------------------------
Part II
Department of Transportation
-----------------------------------------------------------------------
National Highway Traffic Safety Administration
-----------------------------------------------------------------------
49 CFR Parts 567, 571, 574, 575, and 597
Tire Safety Information; Final Rule
[[Page 69600]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567, 571, 574, 575, and 597
[Docket No. NHTSA-02-13678]
RIN 2127-AI32
Tire Safety Information
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In response to the Transportation Recall Enhancement,
Accountability, and Documentation (TREAD) Act of 2000, this document
establishes a new Federal Motor Vehicle Safety Standard to improve the
information readily available to consumers about tires. The new
information will assist consumers in identifying tires that may be the
subject of a safety recall. It will also increase public awareness of
the importance and methods of observing motor vehicle tire load limits
and maintaining proper tire inflation levels for the safe operation of
a motor vehicle. This rule applies to all new and retreaded tires for
use on vehicles manufactured after 1975 with a gross vehicle weight
rating of 10,000 pounds or less and to all new vehicles with a gross
vehicle weight rating of 10,000 pounds or less, except for motorcycles
and low speed vehicles.
DATES: This final rule is effective September 1, 2003. Voluntary
compliance is permitted before that time. If you wish to submit a
petition for reconsideration of this rule, your petition must be
received by January 2, 2003.
ADDRESSES: Petitions for reconsideration should refer to the docket
number and be submitted to: Administrator, Room 5220, National Highway
Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: For technical and policy issues: Mr.
Roger Kurrus, Office of Planning and Consumer Programs. Telephone:
(202) 366-2750. Fax: (202) 493-2290. Mr. Joseph Scott, Office of Crash
Avoidance Standards, Telephone: (202) 366-2720. Fax: (202) 366-4329.
For legal issues: Nancy Bell, Attorney Advisor, Office of the Chief
Counsel, NCC-20. Telephone: (202) 366-2992. Fax: (202) 366-3820.
All of these persons may be reached at the following address:
National Highway Traffic Safety Administration, 400 Seventh Street, SW,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Highlights of the Notice of Proposed Rulemaking
B. Highlights of the Final Rule
II. Background
A. The Transportation Recall Enhancement Accountability and
Documentation Act
B. Safety Problem
1. Difficulty Locating the Tire Identification Number (TIN)
2. Misunderstanding and Dangers Associated With Inflation
Pressure
C. Existing Labeling Requirements
1. Tire Sidewall Labeling
2. Tire Identification Number (TIN)
3. Vehicle Labeling
III. December 2000 Advance Notice of Proposed Rulemaking (ANPRM)
IV. December 2001 Notice of Proposed Rulemaking (NPRM)
V. Summary of Public Comments on NPRM
A. Tire Sidewall Labeling
1. Maximum Permissible Inflation Pressure
2. Maximum Load Rating
3. Cord Material and Number of Plies
4. Speed Rating and Load Index (Service Description)
5. Placement of TIN
6. Reordering of TIN
7. Height of TIN
B. Vehicle Placard and Label
1. Content
2. Format
3. Location
4. Color
5. Multistage Manufacturer
C. Owner's Manual
D. Applicability of FMVSS No. 110 and 120
E. Costs
1. Placard and Label
2. Tires
F. Effective Dates
G. Defining ``reasonable amount of luggage''
H. Foreign/International Standards
I. Prohibition on non-required information
VI. Summary of post-comment period Firestone plant visits by NHTSA
Officials, Agency Decision
VII. Regarding Final Rule
A. Summary of Final Rule and Rationale
B. Summary of Key Differences between NPRM and Final Rule
C. Labeling Requirements
1. Tire Sidewall Labeling
a. Maximum Permissible Inflation Pressure
b. Maximum Load Rating
c. Cord Material and Number of Plies
d. Placement of TIN
e. Reordering of TIN
f. Height of TIN
g. Other
2. Vehicle Placard and Label
a. Revision and Upgrade of Placard and Optional Label
b. Location and Size
c. Multistage Manufacturer Issues
3. Owner's Manual
D. Vehicle Applicability and Effective Date
E. Other Issues and Concerns
1. Permission to Change Labeling
2. Modification to FMVSS Nos. 110 and 120
3. Certification Label
4. Analysis of Responses to Agency Questions in NPRM
VIII. Benefits
IX. Costs
X. Effective Date
XI. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and
Procedures
B. Regulatory Flexibility Act
C. National Environmental Policy Act
D. Executive Order 13132 (Federalism)
E. Unfunded Mandates Act
F. Civil Justice Reform
G. Paperwork Reduction Act
H. Plain Language
XII. Regulatory Text
I. Executive Summary
A. Highlights of the Notice of Proposed Rulemaking
In the Notice of Proposed Rulemaking (NPRM) (66 FR 65536, Docket
No. NHTSA-01-11157) published on December 19, 2001, the agency proposed
to establish a new standard that would revise the agency's existing
tire labeling requirements, as well as its current regulations to
improve tire information for light vehicles (vehicles other than
motorcycles and low speed vehicles (LSVs) with a gross vehicle weight
rating (GVWR) of 10,000 pounds or less) and light vehicle tires and its
availability and understandability to consumers. The proposal was
substantially based on NHTSA's activities undertaken in response to the
Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act of 2000, including publication of an ANPRM, consideration
of comments in response to the ANPRM, data gathering and analysis, and
NHTSA sponsored focus groups. The highlights of the proposal were as
follows:
(1) Tire Markings--the TIN, size designation, maximum permissible
inflation pressure, and maximum load rating would have been placed on
both sides of light vehicle tires;
(2) Tire Identification Number (TIN)--(a) information in the TIN
would have been reordered so that the first six characters would have
contained the information required for determining whether a particular
tire is subject to a recall and, (b) each TIN character would have been
at least 6 mm (\1/4\'') high;
(3) Vehicle Placard Content and Format--(a) the tire inflation
pressure information would have been visually separated by a red
colored border on the vehicle placard or, alternatively, would have
been placed on a separate tire
[[Page 69601]]
inflation pressure label, (b) the tire inflation pressure information
on the placards would have been in color (red, yellow, and black on a
white background), (c) a black and white tire symbol icon (13
millimeters (.51 inches) wide and 14 millimeters (.55 inches) high)
would have been in the upper left corner of the placard and label, (d)
the placard and label would have both included the phrases ``Tire
Information'' and ``See Owner's Manual For Additional Information'' in
yellow text on a black background, (e) the statement of ``vehicle
capacity weight'' on the vehicle placard would have been replaced with
the following sentence: ``[t]he combined weight of occupants and cargo
should never exceed XXX pounds,'' and, (f) the vehicle's recommended
tire size designation would have been replaced with the tire size
designation for the tire installed as original equipment on the vehicle
by the vehicle manufacturer;
(4) Placard Location--the placard or placard and label containing
tire inflation pressure by tire size and other required information
specified in S4.3 of FMVSS No. 110 would have been located on the
driver's side B-pillar. If a vehicle did not have a B-pillar, then the
placard or placard and label would have been placed on the edge of the
driver's door; and
(5) Owner's Manual Information--owner's manuals for light vehicles
would have discussed the following five subject areas: (a) Tire
labeling, (b) recommended tire inflation pressure, (c) glossary of tire
terminology, (d) tire care, and (e) vehicle load limits.
Also, the agency proposed revising FMVSS No. 110, Tire selection
and rims, for passenger cars, 49 CFR 571.110, and FMVSS No. 120 Tire
selection and rims for motor vehicles other than passenger cars, 49 CFR
571.120, to reflect the applicability of the proposed light vehicle
tire standard to vehicles with a GVWR of 10,000 pounds or less, and
revising FMVSS No. 117, Retreaded pneumatic tires, 49 CFR 571.117, and
FMVSS No. 129, New non-pneumatic tires for passenger cars, 49 CFR
571.129, to replace the labeling requirements contained therein with
those specified in the proposed new light vehicle tire standard.
The agency proposed compliance dates for tires according to the
following schedule: all passenger car (``P-metric'') tires manufactured
on or after September 1, 2003, and all light truck (``LT'') tires
manufactured on or after September 1, 2004, would have had to meet the
new requirements. Additionally, all light vehicles manufactured on or
after September 1, 2003, would have had to comply with the final rule.
The agency proposed that lead-time to be consistent with the lead-time
proposed for the tire performance upgrade. The aforementioned proposals
are summarized more fully in section IV. of this document.
B. Highlights of the Final Rule
The final rule establishes a single standard for light vehicle
tires, FMVSS No. 139, New Pneumatic Tires for Light Vehicles. It also
contains provisions for labeling requirements that address the
following aspects of tire and vehicle labeling: tire markings, the Tire
Identification Number (TIN), vehicle placard content and format,
placard location, and owner's manual information. The rule applies to
all new and retreaded tires for passenger cars, multipurpose passenger
vehicles, trucks, buses and trailers with a gross vehicle weight rating
(GVWR) of 4,536 kg (10,000 pounds) or less, manufactured after 1975,
and to all passenger cars, multipurpose passenger vehicles, trucks,
buses and trailers with a gross vehicle weight rating (GVWR) of 4,536
kg (10,000 pounds) or less.\1\ The requirements are fully summarized in
section VII.A of this document.
---------------------------------------------------------------------------
\1\ Therefore, this standard is applicable to LT tires up to
load range E. This load range is typically used on large SUVs, vans,
and trucks.
---------------------------------------------------------------------------
In response to the NPRM, NHTSA received comments from tire and
vehicle manufacturers and associations, consumer advocacy groups, and
the general public. After considering the public comments and other
available information, the agency is modifying certain aspects of its
proposal.
In particular, the agency is persuaded, for the reasons explained
in section VII.C.1.d. of this document, that there are worker safety
and costs issues associated with placement of the full TIN on both
sidewalls of the tire. Additionally, there are technical difficulties
associated with the reordering of the TIN. These amendments were
proposed to aid consumers in determining whether their tires were
subject to a recall. Instead, the agency is addressing the visibility
of the TIN by requiring that the full TIN, as currently ordered, appear
on the ``intended outboard sidewall,'' if there is one, and that either
the full TIN or a partial TIN, i.e., a TIN from which the date code has
been deleted, appear on the opposite side of the tire. ``Intended
outboard sidewall'' is defined in FMVSS No. 139 as the sidewall that
contains a whitewall, bears white lettering, or bears a manufacturer or
model name molding which is higher or deeper than on the other sidewall
of the tire. If a tire does not have an intended outboard sidewall, the
tire must be labeled with the full TIN on one sidewall and with either
the full TIN or a partial TIN on the other sidewall.
The major changes to the standard (or deviations from the proposal)
are as follows:
(1) The agency is not reordering the contents of the TIN.
(2) The agency is requiring the full TIN on the ``intended outboard
sidewall'' of the tire and either the full TIN or a partial TIN,
containing all aspects of the TIN except for the date code, on the
opposite sidewall.
(3) The agency is eliminating size and format requirements for the
vehicle placard and label, except for those specifying certain
headings, use of the tire icon, and a limited use of color.
(4) If the vehicle does not have a driver's side-B-pillar and the
driver's door edge is too narrow or does not exist, the agency is
requiring that the placard or placard and label be affixed to the
inward facing surface of the vehicle next to the driver's seating
position.
(5) For tires, the agency is providing additional time for
compliance with the new requirements as follows: 40% of all covered
tires between September 1, 2004, and August 31, 2005, 70% of all
covered tires between September 1, 2005, and August 31, 2006, and 100%
of all covered tires beginning on September 1, 2006.
NHTSA has decided to adopt the effective date of September 1, 2003,
for vehicle labeling. The effective date reflects NHTSA's desire for
expedited action on this issue. In view of the urgent need to alert the
public to tire and loading information and because the labeling
revisions to light vehicles constitute format changes, not performance
or vehicle design changes, NHTSA finds that an effective date of
September 1, 2003, is reasonable and is in the public interest. The
extension of the effective date for tires and the phase-in reflect the
reality that the tire manufacturers will need to rework, retool, and
replace the tire molds currently utilized. NHTSA believes that this
phase-in will permit tire manufacturers to continue to use existing
molds while they acquire new ones that reflect the new tire information
requirements. Also, by only requiring that 40% of tires comply with the
requirements during the first stage of the phase-in, the agency is
providing the industry and its mold shops with an achievable task of
reworking molds that would not exceed their capacity for such work. By
not requiring full
[[Page 69602]]
compliance until September 1, 2006, NHTSA is providing the tire
industry with ample time to accomplish the task.
The agency estimates that one-time costs of up to $23.4 million
will occur for the tire industry during the phase-in period. These
costs will add up to $0.08 per tire during this period. The recurring
annual costs are believed to be very minor.
Retread tires are a small part of the market for light vehicles.
Because the cost to change the mold to add a second TIN or partial TIN
is spread over a smaller market, the cost increase per retread tires
will be higher by an unknown amount.
The agency estimates that vehicle costs will increase about $0.15
per vehicle, based on $0.04 per label and $0.11 for adding about 8
pages of information to the owner's manual. With approximately 17
million light vehicles and light trailers being sold annually, the
vehicle costs will be about $2.6 million per year on a recurring annual
basis.
Thus, total overall costs will be up to $26 million initially, with
$2.6 million estimated to occur on a recurring annual basis.
NHTSA believes that this rule will be effective in increasing
public awareness of tire safety, particularly, the understanding and
maintenance of proper tire inflation and load limits. This rule will
also enable consumers to identify the TIN and other tire information
more easily for recalls and other notifications. The rule will
standardize the location and content of important information relating
to proper inflation and load limits and other tire safety concerns. By
increasing consumer knowledge and awareness, this rule will lead to
reduced tire failures and tire related crashes, and therefore fewer
deaths and injuries.
II. Background
A. The Transportation Recall Enhancement, Accountability, and
Documentation (TREAD) Act
The Transportation Recall Enhancement, Accountability, and
Documentation (TREAD) Act of 2000, Pub. L. 106-414, requires the agency
to address numerous matters through rulemaking. One of these matters,
set forth in section 11 of the Act, is the improvement of the labeling
of tires required by section 30123 of title 49, United States Code, to
assist consumers in identifying tires that may be the subject of a
recall. Section 11 provides that the agency must initiate a rulemaking
proceeding for that purpose within 30 days after the enactment of the
Act and must complete it not later than June 1, 2002.
Additionally, that section provides that the agency may take
whatever additional action it deems appropriate to ensure that the
public is aware of the importance of observing motor vehicle tire load
limits and maintaining proper tire inflation levels for the safe
operation of a motor vehicle. Section 11 states that such additional
action may, for example, include a requirement that the manufacturer of
motor vehicles provide the purchasers of the motor vehicles information
on appropriate tire inflation levels and load limits if the agency
determines that requiring such manufacturers to provide that
information is the most appropriate way the information can be
provided.
B. Safety Problem
1. Difficulty Locating the Tire Identification Number (TIN)
The Firestone tire recalls in 2000 highlighted the difficulty that
consumers experience when attempting to determine whether a tire is
subject to a recall if the tire is mounted so that the sidewall bearing
the TIN and size designation faces inward, i.e., underneath the
vehicle.
The side of a tire bearing the TIN is often mounted so that it
faces inward. In the case of whitewall tires, this occurs because the
TIN is almost always molded on the blackwall (i.e., inside sidewall) of
the tire. Whitewall tires account for a small and declining percentage
(currently about 5 percent or less) of original equipment tire sales in
this country, but about 40 percent of replacement tires. There are
about three times as many replacement tires as original equipment tires
sold each year. Blackwall tires, which have the TIN on one sidewall,
are as likely to be mounted with the number side facing in as out.
Based on this information, we estimate that approximately 65 percent of
all tires are mounted with their TINs not readily visible.
When tires are mounted so that the TINs appear on the inward facing
sidewalls, motorists have three inconvenient options for finding and
recording the TINs. They must either: (1) Slide under the vehicle with
a flashlight, pencil and paper and search the inside sidewalls for the
TINs; (2) remove each tire, find and record the TIN, and then replace
the tire; or (3) enlist the aid of a garage or service station that can
perform option 1 or place the vehicle on a vehicle lift so that the
TINs can be found and recorded.
As a result of the difficulty and inconvenience of checking the
TINs, the percentage of people who respond to a tire recall campaign is
reduced and motorists unknowingly continue to drive their vehicles with
potentially unsafe tires.
2. Misunderstanding and Dangers Associated With Inflation Pressure
As discussed in the NPRM, surveys indicate that consumers often do
not realize that the recommended inflation pressure, which provides the
cold tire inflation pressure for the maximum loaded vehicle weight
based upon vehicle specification and operation as determined by the
vehicle manufacturer, is labeled on the vehicle on a placard or the
vehicle certification label by the vehicle manufacturer. Surveys also
indicate that a significant number of vehicles are being operated with
underinflated, overloaded and/or damaged tires and that the public
needs to be reminded to inspect and properly maintain their tires.
The sidewalls of a tire used while significantly under-inflated
flex more and the air temperature inside it increases, making the tire
more prone to failure. In addition, a significantly under-inflated tire
loses lateral traction, making handling and stopping more difficult.
Under-inflated tires can contribute to various types of crashes in
addition to those resulting from blow outs or tire failure, including
crashes which result from: An increase in stopping distance; skidding
and/or a loss of control of the vehicle in a curve or in a lane change
maneuver; or hydroplaning on a wet surface.
Additionally, under-inflation contributes to tire overloading. Tire
overloading describes a condition in which the vehicle is carrying more
weight than the tire is rated to carry at a specified inflation
pressure. For instance, for every 1-pound per square inch (psi)
reduction in inflation pressure, a vehicle's tires suffer a 1.6%
reduction in vehicle capacity weight (passenger plus cargo capacity).
Overloading can result in handling or steering problems, brake failure,
and tire failure.
As discussed in the NPRM, several crash files contain information
on ``general'' tire related problems that precipitate crashes. The more
recent of these files are The National Automotive Sampling System--
Crashworthiness Data System (NASS-CDS) and the Fatality Analysis
Reporting System (FARS). For instance, the NASS-CDS data demonstrate
that about one half of one percent of all crashes are caused by these
tire problems. The rate of blowout-caused crashes for light trucks
(0.99 percent) is more than three times the
[[Page 69603]]
rate of those crashes for passenger cars (0.31 percent). Blowouts cause
a much higher proportion of rollover crashes (4.81) than non-rollover
crashes (0.28); and again more than three times the rate in light
trucks (6.88 percent) than in passenger cars (1.87 percent). FARS data
for 1995 through 1998 show that 1.10 percent of all light vehicles in
fatal crashes were coded with tire problems. Light trucks had slightly
higher rates of tire problems (1.20 percent) than passenger cars (1.04
percent). The annual average number of vehicles with tire problems in
FARS was 535 (313 passenger cars and 222 light trucks).
C. Existing Labeling Requirements
1. Tire Sidewall Labeling
NHTSA's existing labeling requirements for new passenger car tires
are set forth in Federal Motor Vehicle Safety Standard (FMVSS) No. 109,
New Pneumatic Tires--Passenger Cars (49 CFR 571.109). Specifically,
section S4.3 of FMVSS No. 109 sets forth information labeling
requirements for tires, including requirements regarding the
positioning of the information on the sidewall to ensure that it is
readily visible and to minimize the possibility that it will be scuffed
off if the sidewall hits a curb or similar object. It provides that the
information listed in paragraphs S4.3 (a) through (e) (e.g., number of
plies and maximum permissible inflation pressure) must appear, on at
least one sidewall, in an area between the maximum section width and
the bead of the tire, unless the maximum section width of the tire
falls between the bead and one-fourth of the distance from the bead to
the shoulder of the tire.
NHTSA's labeling requirement for retreaded passenger car tires is
set forth in FMVSS No. 117, Pneumatic Retreaded Tires (49 CFR 571.117).
FMVSS No. 117 requires that each newly retreaded passenger car tire
have molded into its sidewalls information similar to that required in
FMVSS No. 109, plus the words ``bias,'' or ``bias belted,'' or
``radial,'' as applicable. FMVSS No. 117 does not, though, require that
the name of the manufacturer or brand name and number assigned to the
manufacturer be placed on retreaded tires as is required on new
passenger vehicle tires by FMVSS No. 109.
NHTSA's labeling requirements for new tires for vehicles other than
passenger cars are set forth in FMVSS No. 119, New Pneumatic Tires for
Vehicles other than Passenger Cars (49 CFR 571.119). Paragraph S6.5 of
FMVSS No. 119 specifies that all tires for vehicles other than
passenger cars must have certain markings on the sidewalls. Among other
things, these tires must show the actual number of plies in the tire,
the composition of the ply cord material (S6.5(f)), and a letter
designating the load range (S6.5(j)). S6.5 also provides that the
designated information must appear, on at least one sidewall, in an
area between the maximum section width and bead of the tire, unless the
maximum section width of the tire falls between the bead and one-fourth
of the distance from the bead to the shoulder of the tire. For tires
for which the maximum section width falls in that area, all required
labeling must be located between the bead and a point one-half the
distance from the bead to the shoulder of the tire. Additionally,
section S6.5(b) requires that each tire be marked with the tire
identification required by part 574 of this chapter and that this
number may be marked on only one sidewall.
NHTSA's labeling requirements for new temporary spare non-pneumatic
tires for passenger cars are set forth in FMVSS No. 129, New non-
pneumatic tires for passenger cars (49 CFR 571.129). The FMVSS No. 129
labeling requirements are similar to those set forth in section S4.3 in
FMVSS No. 109 for size designation, load, rating, rim size and type
designation, manufacturer or brand name, certification, and tire
identification number. Paragraph S.4 of FMVSS No. 129 specifies that
each non-pneumatic tire must have certain markings on the sidewalls
including the non-pneumatic tire identification code (NPTIC), the load
rating, and the tire identification number required in Part 574. These
labeling requirements also specify that the labeling information must
appear on both sides of the tire, except, in the case of a tire that
has a particular side that must always face outward where the
information must appear on the outward facing side.
2. Tire Identification Number (TIN)
Section 574.5 of Title 49, CFR, Tire Identification Requirements,
sets forth the methods by which new tire manufacturers and new tire
brand name owners must identify tires for use on motor vehicles. The
section also sets forth the methods by which tire retreaders and
retreaded tire brand name owners must identify tires for use on motor
vehicles. The purpose of these requirements is to facilitate efforts by
tire manufacturers to notify purchasers of defective or nonconforming
tires and by such purchasers to identify those tires so that purchasers
can take appropriate action in the interest of motor vehicle safety.
Specifically, Sec. 574.5 requires each new tire manufacturer and
each tire retreader to mold a TIN into or onto the sidewall of each
tire produced, in the manner and location specified in the section and
as depicted in Figures 1 and 2 of that section. The TIN is composed of
four groups:
1. The first group represents the manufacturer's identification
mark assigned to such manufacturer by this agency in accordance with
Sec. 574.6;
2. The second group represents the tire size for new tires; for
retreaded tires, the second group represents the retread matrix in
which the tire was processed or, if no matrix was used, a tire size
code;
3. The third group may, at the option of the manufacturer, be used
as a descriptive code for identifying significant characteristics of
the tire. If the tire is produced for a brand name owner, the third
grouping must identify such brand name owner; and
4. The fourth group identifies the week and year of manufacture.
The first two figures identify the week, starting with ``01'' to
represent the first full week of the calendar year; the second two
figures represent the year. For example, ``2198'' represents the 21st
week of 1998.
3. Vehicle Labeling
Labeling requirements are also contained in 49 CFR part 567,
Certification, 49 CFR part 575, Consumer Information Regulations, FMVSS
No. 110, Tire Selection and Rims, applicable to passenger cars and to
non-pneumatic spare tire assemblies for use on passenger cars, and
FMVSS No. 120, Tire Selection and Rims for Motor Vehicles Other Than
Passenger Cars.
Section 567.4 requires vehicle manufacturers to affix to each
vehicle a label bearing, among other things, the Gross Vehicle Weight
Rating (GVWR), which must not be less than the sum of the unloaded
vehicle weight, rated cargo load, and 150 pounds times the vehicles
rated seating capacity; and the Gross Axle Weight Rating (GAWR), which
is the value specified by the manufacturer as the load carrying
capacity of a single axle system.
Paragraph S4.3 of FMVSS No. 110 requires manufacturers to affix a
placard to each passenger car's glove compartment door or an equally
accessible location showing the vehicle's capacity weight, designated
seating capacity, the manufacturer's recommended cold tire inflation
pressure for maximum loaded vehicle weight, the manufacturer's
recommended tire size designation, and,
[[Page 69604]]
for a vehicle equipped with a non-pneumatic spare tire assembly, the
non-pneumatic identification code required by FMVSS No. 129, New Non-
Pneumatic Tires for Passenger Cars. The required information is
intended to promote the vehicle's safe performance by preventing the
overloading of the tires or the vehicle itself.
FMVSS No. 120 requires that each vehicle show, on the label
required by 567.4, or on a tire information label (S5.3.2(b)), the
recommended tire size designation appropriate for the GAWR, the size
and type designation of rims appropriate for those tires, and the
recommended cold inflation pressure for those tires such that the sum
of the load ratings of the tires on each axle (when the tires load
carrying capacity at the specified pressure is reduced by dividing
1.10, in the case of a tire subject to FMVSS No. 109, i.e., a passenger
car tire) is appropriate for the GAWR.
III. December 2000 Advance Notice of Proposed Rulemaking (ANPRM)
On December 1, 2000, this agency initiated rulemaking, as required
by the TREAD Act, by publishing an Advance Notice of Proposed
Rulemaking (ANPRM) (65 FR 75222, Docket No. NHTSA-00-8296), which
announced our plans to (1) improve the labeling of tires, (2) assist
consumers in identifying tires that may be the subject of a recall, and
(3) ensure that the public is aware of the importance of observing
motor vehicle tire load limits and maintaining proper tire inflation
levels for the safe operation of a motor vehicle.
The ANPRM discussed NHTSA's existing tire information labeling and
marking requirements, tire identification number requirements, and
other labeling requirements such as those contained within its Consumer
Information Regulations, e.g., Uniform Tire Quality Grading System
(``UTQGS''). Also discussed in the ANPRM were prior rulemaking actions
and petitions pertinent to the tire labeling issues addressed by the
TREAD Act, particularly those relevant to the location of the TIN, and
underinflation and overloading concerns.
NHTSA solicited comments in areas such as general consumer
knowledge and behavior, availability of information to consumers, TIN
information, and other tire labeling information. The agency also asked
many specific questions related to such matters such as TIN content,
readability and location, worker safety and costs issues associated
with labeling the TIN on both sidewalls of the tire, loading, plies and
cord material, tread wear indicators, UTQGS, speed rating, run-flat and
extended mobility tires, tire inflation pressure, and the dissemination
of tire safety information.
IV. December 2001 Notice of Proposed Rulemaking
On December 19, 2001, the agency published an NPRM proposing to
establish a new standard that would revise the agency's existing tire
labeling requirements, as well as revise its current regulations to
improve tire information for light vehicles (vehicles other than
motorcycles and low speed vehicles (LSVs) with a GVWR of 10,000 pounds
or less) and light vehicle tires and its availability and
understandability to consumers.
The NPRM's proposed amendments addressed the following aspects of
tire and vehicle labeling: tire markings, the Tire Identification
Number (TIN), vehicle placard content and format, placard location, and
owner's manual information. The proposal would have extended all
passenger car labeling requirements, including those requiring the
labeling of combined occupant and cargo weight capacity and designated
seating positions, to light trucks and multipurpose passenger vehicles
(MPVs) with a GVWR or 10,000 pounds or less. The proposed revisions
were based on consideration of comments in response to the ANPRM, data
gathering and analysis, and NHTSA sponsored focus groups.
NHTSA proposed that the TIN, size designation, maximum permissible
inflation pressure, and maximum load rating be placed on both sides of
light vehicle tires. Requiring the TIN and size designation to be on
both sides would have ensured that that information would be on the
sidewall facing outward, regardless of how the tire is mounted. We also
proposed requiring that the TIN appear on both sides of the tire
because dual-side labeling was suggested during the congressional
hearings concerning the Firestone recall. Also, based on responses to
the ANPRM by the tire industry claiming a general ``safety hazard'' due
to unspecified ``changes in the manufacturing process,'' and reasons
provided in the NPRM, we were not then persuaded that there were
significant worker safety concerns associated with this proposal.
Requiring that the other items of information be on both sidewalls
would have aided consumers in maintaining their tires and loading their
vehicles.
NHTSA proposed two changes to the TIN. First, the agency proposed
to require a re-ordering of information in the TIN so that the first
six characters would have contained the information required for
determining whether a particular tire is subject to a recall. The first
two characters would have reflected the plant code, and the next four
characters would have reflected the date code. Second, the agency
proposed to require that each character be 6 mm (\1/4\'') high. The
agency believed that a requirement for a uniform TIN font size would
have significantly improved the readability of the TIN.
The agency proposed four sets of revisions for the presentation of
tire inflation pressure and load limit information on the vehicle
placard currently required for passenger cars by S4.3 of Sec. 571.110
and to be required for all light vehicles with a GVWR of 10,000 pounds
or less.\2\ The NPRM contained figures illustrating the proposed
revisions to the placard. This placard, permanently affixed to the
glove compartment door or an equally accessible location, currently
displays the vehicle capacity weight, the designated seating capacity
(expressed in terms of total number of occupants and in terms of
occupants for each seat location), the vehicle manufacturer's
recommended cold tire inflation pressure for maximum loaded vehicle
weight, and the manufacturer's recommended tire size designation.
---------------------------------------------------------------------------
\2\ FMVSS No. 120 currently requires that each motor vehicle
other than a passenger car show, on the label required by Sec.
567.4, or on a tire information label (S5.3.2(b)), the recommended
tire size designation appropriate for the GAWR, the tire size and
type designation of rims appropriate for those tires, and the
recommended cold inflation pressure for those tires such that the
sum of the load ratings on the tires on each axle (when the tire's
load carrying capacity at the specified pressure is reduced by
dividing 1.10, in the case of a tire subject to FMVSS No. 109, i.e.,
a passenger car tire) is appropriate for the GAWR.
---------------------------------------------------------------------------
First, the agency proposed that tire inflation pressure information
would have been visually separated by a red colored border on the
vehicle placard or, alternatively, been placed on a separate tire
inflation pressure label. The vehicle placard would have contained only
the information that would have been required in the proposed version
of S4.3 (paragraphs (a)-(e)).\3\ This information would not have been
combined with other labeling or certification requirements. The
[[Page 69605]]
vehicle placard also would have had to meet the proposed color and
content requirements as discussed below.
---------------------------------------------------------------------------
\3\ (a) Vehicle capacity weight expressed as ``THE COMBINED
WEIGHT OF OCCUPANTS AND CARGO SHOULD NEVER EXCEED XXX POUNDS';
(b) Designated seating capacity (expressed in terms of total
number of occupants and in terms of occupant for each seat
location);
(c) Vehicle manufacturer's recommended cold tire inflation
pressure;
(d) Tire size designation for the tire installed as original
equipment on the vehicle by the vehicle manufacturer; and
(e) ``SEE OWNER'S MANUAL FOR ADDITIONAL INFORMATION''.
---------------------------------------------------------------------------
Second, the agency also proposed that the tire inflation pressure
label and vehicle placard would have had to meet the following three
requirements: (1) The tire inflation pressure information on the
placards would have been in color--red, yellow, and black on a white
background, (2) contained a black and white tire symbol icon in the
upper left corner of the placards, 13 millimeters (.51 inches) wide and
14 millimeters (.55 inches), and (3) the placard and label would have
both include the phrases ``Tire Information'' and ``See Owner's Manual
For Additional Information'' in yellow text on a black background.
Third, the agency proposed to replace the vehicle capacity weight
statement on the vehicle placard with the following sentence: ``[t]he
combined weight of occupants and cargo should never exceed XXX
pounds.'' The ``XXX'' amount would equal the ``vehicle capacity
weight'' of the vehicle as defined in FMVSS No. 110. The information
was the same as that currently required to be placed on the vehicle
placard by manufacturers. However, the agency believed that the
statement ``the combined weight of occupants and cargo should never
exceed * * *'' would have been easier for consumers to comprehend than
a technical phrase such as ``vehicle capacity weight.'' ``Vehicle
capacity weight'' is not intuitive to consumers and would have required
a vehicle operator to look to the owner's manual or standard to
understand which factors are included in the calculation of the sum/
amount on the placard.
Fourth, the agency proposed to replace the vehicle's recommended
tire size designation with the tire size designation for the tire
installed as original equipment on the vehicle by the vehicle
manufacturer. While in most instances these two numbers would have been
identical, this minor revision would have insured that the consumer is
provided with the correct tire inflation pressure information for the
tire size actually installed on his vehicle as original equipment by
the manufacturer.
We proposed these placard changes in response to survey and focus
group data which indicated that consumers needed assistance in locating
recommended tire pressures for their vehicle's tires and understanding
load limits. The use of colors and a visual cue, such as a tire symbol
icon, would have aided drivers in noticing and locating this imperative
information. By expressing the vehicle's load limit in easily
recognizable terms such as ``passenger and cargo weight'', as opposed
to ``vehicle capacity weight'' the proposed placard revisions would
have also aided consumers in understanding and adhering to load limit
guidelines.
The agency proposed that the placard or placard and label
containing tire inflation pressure by tire size and other required
information specified in S4.3 of FMVSS No. 110 would have been located
on the driver's side B-pillar. If a vehicle did not have a B-pillar,
then the placard or placard and label would have been placed on the
edge of the driver's door. Currently, S4.3 of 571.110 specifies that
the vehicle placard be affixed to the glove compartment door or an
equally accessible location. A standardized location for tire
information placards and labels would have contributed to consumer
awareness of recommended tire inflation pressures and load limits.
The agency proposed that owner's manuals for light vehicles contain
discussion of the following five subject areas: (1) Tire labeling, (2)
recommended tire inflation pressure, (3) glossary of tire terminology,
(4) tire care, and (5) vehicle load limits. A single, reliable source
containing the proposed required information for the tires and tire
safety information listed above would have aided consumers by providing
to them, in one centralized location, the information that they needed
to properly maintain their tires and adhere to recommended load limits.
Finally, the agency proposed revising FMVSS Nos. 110, Tire
selection and rims, for passenger cars, 49 CFR 571.110, and 120 Tire
selection and rims for motor vehicles other than passenger cars, 49 CFR
571.120, which would have reflected the applicability of the proposed
light vehicle tire standard to vehicles with a GVWR of 10,000 pounds or
less, and revising FMVSS Nos. 117, Retreaded pneumatic tires, 49 CFR
571.117, and 129, New non-pneumatic tires for passenger cars, 49 CFR
571.129, which would have replaced the labeling requirements contained
therein with those specified in the proposed new light vehicle tire
standard.
The agency proposed compliance dates for tires according to the
following schedule: all P-metric tires manufactured on or after
September 1, 2003, and all LT tires manufactured on or after September
1, 2004 would have had to meet the new requirements. Additionally, all
light vehicles manufactured on or after September 1, 2003 would have
had to comply with the final rule.
NHTSA believed that this proposal would have resulted in minimal
costs for tire and manufacturers. NHTSA estimated that the added cost
for labeling tires under this proposal would have equaled $0.01 per
tire or less and a minimal cost for vehicle labeling (one-time costs to
change production for the new vehicle placard and/or tire inflation
pressure label, the application of the vehicle placard and/or tire
inflation pressure label to all light vehicles, not only passenger
cars, and the new owner's manual pages). NHTSA estimated that, adding
the total tire and vehicle manufacturing costs together, the total
annual costs would have equaled approximately $5.5 million.
V. Summary of Public Comments on NPRM
NHTSA received over 30 comments on the December 2001 NPRM. The
comments were submitted by: vehicle and tire manufacturers and
associations, consumer advocacy organizations and individual members of
the public. The comments are summarized below.
A. Tire Sidewall Labeling
1. Maximum Permissible Inflation Pressure
[sbull] Consumers Union (``CU''), General Motors North America
(``GM''), DaimlerChrysler (``DC''), International Tire & Rubber
Association (``ITRA'') and Tire Association of North America (``TANA'')
support maintaining the maximum inflation pressure on the tire
sidewalls to prevent overinflation, to provide a level of inflation
that is not a durability concern. CU and DC also suggest adding
additional wording to the sidewall to direct one to the vehicle placard
or owner's manual to the recommended inflation pressure.
[sbull] Rubber Manufacturers Association (``RMA''), Japan
Automobile Tyre Manufacturers Association, Inc. (``JATMA''), Ford Motor
Company (``Ford''), and UN/ECE Group for Global Technical Regulations
for Vehicle Tyres (``GRRF'') support removing the maximum inflation
pressure from the sidewall. JATMA and Ford state that different
inflation pressures indicated by tire and vehicle manufacturers would
cause confusion. Ford recommends that the maximum inflation pressure
information be replaced with ``See Vehicle Placard for Recommended Tire
Pressure.'' RMA and GRRF believe that the revised vehicle placard and
owner's manual information is a better way of communicating correct
inflation pressure and removal would encourage users to seek out the
correct inflation pressure.
[[Page 69606]]
[sbull] RMA states that the NHTSA proposal would require
establishment of new maximum permissible inflation pressures for light
truck tires that are higher than the current marked pressure and are
the minimum pressures required for the maximum load rating, not maximum
pressures that are increased for operation at specific service
conditions (Tire and Rim Association 2001 Yearbook, page 2-04). Also,
RMA states that the requirement to stamp ``Maximum permissible
inflation pressure'' on the sidewall of all light truck tires would
require the reworking of all existing light truck tire molds. RMA
suggests that, for LT tires, ``the terminology and definition of
``maximum permissible inflation pressure'' be replaced by ``reference
inflation pressure''. RMA recommends that NHTSA adopt the following
definition of this term: ``Reference inflation pressure means the
pressure marked on the tire sidewall associated with the tire load
range.''
2. Maximum Load Rating
[sbull] RMA, GRRF, JATMA, and European Tyre and Rim Technical
Organisation (``ETRTO'') suggest that the maximum load rating is of no
use to consumers and that it be replaced by a load index as the best
way to present information to aid the consumer in choosing a suitable
replacement tire for the vehicle. RMA says that the proposed maximum
combined weight limit statement to be added to the vehicle placard
would help consumers safely manage their vehicle/tire load
capabilities.
3. Cord Material and Number of Plies
[sbull] RMA, JATMA and ETRTO suggest that information about cord
material and number of plies should not be required because they are of
no safety benefit to consumers. RMA also says that elimination of these
labeling requirements for light vehicle tires would simplify sidewall
imagery and provide for better communication of essential information
and that this information is not critical to the repair, retread or
recycling of passenger car tires which are rarely retreaded today. RMA
comments that type and number of plies may be useful for retreading
purposes for LT tires and JATMA comments that this information is
relevant for consumers purchasing rayon carcass tires.
[sbull] ITRA and TANA believe it is important to leave that
information on both sidewalls of the tire for the retread, repair and
recycling industries. They say that this information enables the
retreader or repair technician to select the proper repair materials or
procedures for retreading or repairing the tires. Also, 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. This information is critical when determining if the tire is
a candidate for a zipper rupture and very important in normal handling
by a tire technician.
4. Speed Rating and Load Index (Service Description)
[sbull] The Alliance of Automobile Manufacturers (``Alliance'')
suggests that tire sidewall labeling for tire speed rating and load
index be allowed.
[sbull] RMA and Volkswagen state that the agency should require the
service description to become part of the tire size information to be
placed on the tire sidewall for consumer reference when ordering
replacement tires. RMA states that tires are universally labeled with
the service description, as illustrated on the agency's proposed tire
information placard and label, and that it is very easy for consumers
to match the recommended service description on their original
equipment tires with the service description on replacement tires. RMA
also states that for individuals who might want to see the correlation
of load index numbers to pounds and kilograms, simple charts could be
included in owner's manuals or made available through tire dealerships
and web sites.
5. Placement of TIN
[sbull] CU, Charles West, Ford, and CIMS agree with the agency that
improved access to the TIN would enhance customers' ability to
determine whether their tires are covered by a recall or customer
satisfaction campaign. CIMS says that the only realistic way to
determine if tires are recalled is to locate a dealer who is willing to
inspect the tires by putting the vehicle on an overhead lift and
rotating all four tires to read the TIN. According to CIMS, this
process costs conservatively $100.00 per inspection and could cost
consumers hundreds of millions of dollars.
[sbull] RMA, JATMA, ITRA, TANA, Rubber Association of Canada
(``RAC''), and GRRF oppose the agency's mandating that the TIN be
required on both sidewalls of a tire for the following reasons: (1) The
current practice in the tire industry is to locate the TIN in the
bottom half of the mold and the front portion of the press to enable
workers to change the weekly date code with reasonable safety without
having to climb into a 350 degree upper press. If the TIN were located
in a mold in the upper press as well, then to change the date code in
that mold, a manufacturer would require the physical removal of the
mold from the press in order to comply with OSHA's lockout/tagout
regulation, 29 CFR 1910.147. This process would cause up to eight hours
of downtime per press/per week. (2) The initial costs to modify all
101,148 molds for the addition of the second DOT code would be $113.5
million. The ongoing cost of changing the DOT code in the top mold
would be an estimated $224.1 million per year. Further, there is
insufficient global mold shop capacity to accomplish such a
modification in the specified time. (3) The addition of the second TIN
is a matter of very occasional convenience, not directly affecting tire
safety. There are no other auto products/parts on which a part/serial
number must be placed on both sides or in more than one location. (4)
Marking the TIN on one sidewall could be accompanied by a requirement
to identify which way the tire is to be fitted on vehicles. (5) The TIN
is only necessary once the user has established whether a particular
manufacturer's tire and size designation are subject to recall.
[sbull] RMA suggests three alternatives to the agency's proposal.
(1) Require a partial TIN (manufacturer's identification, tire size,
and optional information, but not weekly date code) on the opposite
sidewall from the regular TIN. (2) Require the TIN on only one side of
the tire and also show the TIN for the original equipment tires in an
appropriate section of the vehicle owner's manual by means of an
adhesive label. (3) Require placement of the TIN on the intended
outboard side of P-metric and LT tires as indicated by the tire
manufacturers.
[sbull] Specialty Tires of America and Coker Tire (``Coker'')
request that specialty tires, e.g., bias-ply and tires for classic and
antique cars, be excluded from the requirement to mark the TIN on both
sides of the tire. Coker notes that the process of producing a tire
that contains a wide whitewall involves grinding a large section of the
sidewall, which would result in removal of the TIN.
6. Reordering of TIN
[sbull] All commenters, except for CU, object to the rearrangement
of the TIN.
[sbull] The Alliance, American Honda Motor Co., Inc. (``Honda''),
RMA, ITRA, TANA, CIMS, ETRTO, RAC, and GRRF request that NHTSA maintain
the current TIN groupings, format, and order for the following reasons:
(1) A reordering of the TIN would confuse consumers and would require
NHTSA to launch a new tire information
[[Page 69607]]
campaign, (2) a reordering of the TIN would confuse consumers because
tires would be in circulation, for up to 12 years, with two different
TIN code sequences, (3) high costs (RMA members--$83.9 million) due to
need to rework tire molds, retrain dealership personnel, revise printed
materials, and revise databases, (4) the agency's proposed requirements
for owner's manual information would necessarily improve consumer
knowledge about TIN groupings, (5) the three-digit plant code (instead
of two characters for a new tire) for retreaders could not be
accommodated in the newly ordered TIN, (6) the proposed positioning of
the date code would not conform to foreign regulations and would be
contrary to the spirit of international harmonization.
7. Height of TIN
[sbull] Advocates for Highway & Auto Safety (``Advocates'') does
not support the agency's proposal to require each character of the TIN
to be 6 mm or \1/4\'' high because they state it is a capricious choice
and because the agency has not gathered information on the readability
of this height of low characters. Additionally, they repeat their
concern with this character size for individuals with Contrast
Sensitivity Function (CFS).
[sbull] CU, RMA, ITRA and TANA support the proposed TIN height of
6mm.
[sbull] GRRF also stated that the proposed TIN height is not
consistent with the draft GTR proposed height requirements.
B. Vehicle Placard and Label
1. Content
[sbull] ITRA and TANA commend NHTSA for its proposal and believe
that all of these changes would help the consumer better understand
their tire pressure requirements and load limits.
[sbull] RMA supports the proposed content, layout, and placement of
placard, including both options. RMA also states that the agency should
require a service description (load index and speed rating) as part of
the tire size information shown on the vehicle placard and tire
inflation pressure label because the information is important to
consumers and provides the agency an opportunity for global
harmonization of tire regulations.
[sbull] CU believes that tire pressure should be listed in ``psi''
first and ``kpa'' second. Additionally, CU states that the placard
should (1) make clear that the combined weight of occupants and cargo
or vehicle capacity weight does not include the vehicle's towing
capacity and (2) should define ``cold tire pressure.''
[sbull] The Alliance, Mitsubishi Motors Corporation (``MMC''), GM,
Volkswagen, and Subaru of America, Inc. (``Subaru'') state that vehicle
manufacturers should be allowed to provide tire information in addition
to the required fields to accommodate different speed and loading
conditions, sales practices, tire/rim optional equipment, and more than
one set of recommended tire pressures. The Alliance states that it is
common practice to exchange tires and wheels between vehicles in a
dealership's inventory and distribution of labels with original tire
sizes listed would be difficult to distribute so different tire sizes
should be listed on the placard. Subaru suggests permitting an
additional optional tire size label or notation on the placard to
indicate to see the owner's manual for optional tire size tire
information.
[sbull] MMC requests that additional manufacturer production
information be acceptable at the bottom part of the placard.
[sbull] The Alliance suggests that manufacturers should be
permitted to provide a multi-lingual label if space permits.
[sbull] The Alliance and GM suggest that the agency use the ISO
approved symbol for ``owner's manual'' in place of the phrase ``See
Owner's Manual for Additional Information.'' Volkswagen recommends that
the tire icon not be required on the vehicle label that shows only
seating capacity and vehicle capacity weight because of space
limitations and because they believe this information is not tire
related.
[sbull] Subaru suggests that the placard use the heading ``original
tire size'' instead of just ``tire size'' and that the text is more
legible with upper and lower case lettering and that abbreviations for
pounds and kilograms be permitted.
[sbull] GRRF states that only the inflation pressure at the maximum
loading condition is quoted and that consumers would be better informed
by recommended pressures at both a normal loading condition, e.g.,
driver or driver and front seat passenger only, and maximum loading
condition. The group, however, supports using the maximum loading
condition if only one condition is chosen by the agency.
2. Format
[sbull] The Alliance supports the option to provide a single
placard with all required information. It recommends that, based upon
the limited space available for the location requirements, a
manufacturer opting to provide tire pressure on a stand-alone label
should be permitted to place the remaining information (seating
capacity and loading) on the certification label. In support of this
recommends, the Alliance says that the label already contains maximum
loading capacity information for the vehicle and is required to be
located in the driver's door area.
[sbull] MMC and GM request that NHTSA not regulate placard design,
direction, and dimensions.
[sbull] ETRTO suggests that a font size equivalent to Times New
Roman 20 be required in the format requirements for the placard since
recommended tire inflation pressure information is vital for safety and
would, it is hoped, be consulted monthly by consumers.
3. Location
[sbull] The Alliance, GM, Honda suggest that the agency adopt the
same location requirement that exists in Part 567.4(c) because
flexibility is needed to accommodate vehicles that do not have a
conventional B-pillar or do not have enough room on the B-pillar nor
sufficient room on the driver's door edge or vehicles which are right-
hand drive for postal and special use.
[sbull] The Alliance also suggests that the agency include a
provision that permits the manufacturer to place the Part 567
certification label on the passenger side if both the required placard
and certification label cannot be accommodated on the driver's side.
[sbull] Subaru agrees with the agency that the placard should be on
the B-pillar, preferably on the driver's side, and suggests that this
be specified in the regulatory text.
[sbull] GRRF supports the agency's proposed location of the placard
and label on the vehicle and the location of the placard/label in
relation to each other.
4. Color
[sbull] The Alliance and GM oppose a multi-color requirement,
arguing that it presents a significant cost burden, offers no apparent
benefits, and is not a caution or warning label. They argue further
that the addition of color would not aid the consumer in locating
information on the placard/label or the placard/label itself.
[sbull] Volkswagen states that it would need to institute separate
production and processing of the placard and tire information label
because its vehicle information labels are printed on sheets of
material with a uniform background color and black print.
5. Multistage Manufacturer
[sbull] The Alliance and the National Truck Equipment Association
(``NTEA'')
[[Page 69608]]
suggest that the agency address issues related to vehicles that are
manufactured in two or more stages and vehicles that are modified after
primary manufacture. They state that the primary manufacturer in many
cases would not have sufficient information regarding final
configuration and vehicle equipment to designate seating capacity and
weight limitations for occupants and cargo. NTEA further requests that
actual and individual weighing not be required in order to certify the
vehicle properly. NTEA also suggests that, in the event that NHTSA
determines that multistage manufacturers should label each truck with
information concerning seating capacity and combined occupant and cargo
weight rating, there be provisions to allow for the updating of such
information, through removing or covering original information with a
new label, to ensure that consumers are receiving current information.
C. Owner's Manual
[sbull] CU supports the agency's proposals and rationale and
suggests that it would be useful to consumers for manufacturers to
provide recommended optional tire size designations in the manual.
[sbull] The Alliance urges the agency to develop tire and tire
safety information with standardized language that is to be provided
with a vehicle as a brochure or in an owner's manual.
[sbull] GM recommends that the agency not require actual
recommended inflation pressures in the owner's manual.
[sbull] Honda comments that the glossary of tire terminology is
unclear as to what terms are non-technical in S3 of Nos. 110 and 139
and suggests that NHTSA not require verbatim text in the owner's manual
or that it improve the regulatory text to reflect manufacturers
communications with consumers.
[sbull] Honda and the Alliance recommend that vehicle manufacturers
provide an explanation of the TIN in the owner's manual to achieve
improved owner understanding.
[sbull] Volkswagen suggests that owner's manual not be required to
identify a specific tire size for the vehicle because owner's manuals
are printed at the beginning of the production year and available tire
sizes can change during the production cycle. Volkswagen also notes
that manufacturers should not be restricted from adding additional
information to the owner's manual.
[sbull] RMA supports the owner's manual requirements and, along
with ITRA and TANA, support the requirement that the statements made in
Figure 5 for ``Steps for Determining Correct Load Limit'' of the
preamble appear verbatim in the owner's manual. RMA, however, along
with GRRF, express concern with the statement suggesting that a
pressure higher than the recommended pressure may be needed to support
certain loads incorrectly indicates that tires can be loaded above
their maximum capacity by increasing pressure and suggest the deletion
of this statement.
[sbull] RMA recommends that the owner's manual contain instructions
on the proper use of the spare tire and that it explain that correct
tire inflation is vehicle specific and not contained on the sidewall.
RMA also recommends that the owner's manual should define ``tire
service description'' and provides a suggested definition.
D. Applicability of FMVSS Nos. 110 and 120
[sbull] The Alliance suggests that NHTSA drop the proposal to amend
the applicability of FMVSS No. 110 and 120 from this rulemaking and
instead incorporate them into the NPRM to be published on tire
performance requirements.
[sbull] RMA and RAC state that the agency, in applying FMVSS No.
110 to light vehicles other than passenger cars, should not relax the
current standards for tire selection and that load service factor of
1.10, applicable to passenger car tires for use on light trucks, vans,
SUVs, and trailers, contained in S5.1.2 of FMVSS No. 120 be maintained
in the new rule.
E. Costs
1. Placard and Label
[sbull] NTEA disagrees with NHTSA's estimate that there are only 4
small passenger car and light truck vehicle manufacturers in the U.S.
It states that its members include close to 1,000 final stage
manufacturers. NTEA also states that NHTSA's cost estimates for
production and installation of the new placards and labels are not
accurate for multi-stage produced vehicles and it estimates that the
proposed placard would cost at least $0.25 in addition to scales and
other equipment needed to determine the correct vehicle weight.
[sbull] GM states that the proposed placard/label would cost 20
cents more per label in addition to an acquisition cost of special
color printers at $300,000.
2. Tires
[sbull] CU agrees with NHTSA's cost assessments of this rulemaking.
[sbull] The Alliance states that NHTSA has not accounted for the
costs for computer programming code and software revisions necessary to
implement changes to the TIN, including tracking dual formats, lost
time, labor and resources due to errors and complexities associated
with dual TIN orderings.
[sbull] RMA, GRRF, ITRA, TANA, and ETRTO believe that NHTSA
substantially underestimated the costs to the tire industry. They say
that these costs include loss of production, costs of modifications,
and time and production costs to take molds out of production weekly to
add second date code.
[sbull] RMA estimates the global cost to reorder the TIN on
existing molds would be $83.9 million. The cost to add a second TIN to
approximately 100,000 relevant molds (not including truck and
motorcycle molds) is estimated at $113.5 million. GRRF estimates costs
to U.S. tire industry at $100 million annually.
[sbull] ETRTO estimates that the costs of reworking up to 250,000
molds at $150 million and the total costs at $220 million, taking into
account loss of production associated with adding a second TIN.
[sbull] ITRA and TANA note that the economic impact of this
proposal, which they estimate would cost retreaders a minimum of $250
per mold, would be especially detrimental to retreaders as small
business and would leave only the largest retreaders in business.
F. Effective Dates
[sbull] The Alliance recommends that NHTSA establish a uniform
September 1, 2004 effective date for all vehicle requirements to permit
individual vehicle manufacturers to phase-in the labeling and owner's
manual information changes on a practicable and cost effective
timetable. The Alliance and other vehicle industry members note that
the agency should allow optional early compliance.
[sbull] GM states that an appropriate phase-in schedule cannot be
determined for the changes in applicability of FMVSS Nos. 110 and 120
until they have been given an opportunity to assess the impact of the
tire performance NPRM.
[sbull] RMA, RAC, ITRA, TANA and GRRF suggest that a phase-in of
more than five years would be necessary to implement the changes
proposed in the NPRM because the mold life expectancy is up to five
years and there is not enough mold shop capacity in the world to rework
the existing molds to comply with the proposed labeling. GRRF
specifically requests that the effective dates be revised to apply to
new tire designs, but not to existing designs,
[[Page 69609]]
until, at the latest, September 1, 2007 for P-metric and September 1,
2008 for LT tires.
G. Defining ``Reasonable Amount of Luggage''
[sbull] The Alliance and GM state that providing such a definition
would serve no safety need and would interfere with what is a
competitive matter among manufacturers. Further, they state that the
agency's efforts to specify load limits on the vehicle placard and
discussing load limits in the owner's manual adequately address the
safety aspects of vehicle loading and obviate any need for agency to
define ``reasonable amount of luggage.
[sbull] ERTRO suggests that the agency consider specifying
``maximum luggage capacity'' instead of a ``reasonable amount of
luggage'' to avoid possibility of overloading.
[sbull] GRRF opposes the agency's deferring to vehicle
manufacturers the responsibility for ensuring that a vehicle is
equipped with tires which have a load capacity that are suitable for
the declared maximum permissible mass of the vehicle or each axle of
the vehicle.
H. Foreign/International Standards
[sbull] CU states that it supports NHTSA's decision to forego
harmonizing or adopting foreign or international provisions because of
the overriding need for providing safety information in a timely
manner.
[sbull] The Alliance requests that NHTSA allow the inclusion of
load indexes and speed ratings on tires.
[sbull] RMA states that the only labeling requirement in foreign
standards to be including for consideration is the service description
that is required by many governments around the world.
[sbull] GRRF asks NHTSA to reconsider the content of the draft
harmonized regulation for tires. GRRF states that the draft is based on
a global industry review of existing standards and regulations in many
countries, including USA, most of Europe, Japan, China, Brazil, and
Saudi Arabia and that it does not reflect the lowest common denominator
in terms of performance requirements but instead seeks to move forward
in the area of harmonization of tire markings in order to inform and
aid the consumer.
[sbull] ETRTO suggests that complete harmonization of labeling
requirements with those of ECE 30 and 54 are essential and that the
safety aspects of these regulations are self-explaining since they
supply a complete description of the performance characteristics of the
tire and therefore allow all information necessary for an informed
choice of replacement tires.
I. Prohibition on Non-Required Information
[sbull] The Alliance, GM, RMA, ITRA, TANA, GRRF and ETRTO oppose a
prohibition on non-required information being placed on tires because
of the global nature of the industry, because manufacturers use unique
markings for marketing and production purposes, and because this action
would possibly incur retaliation from other countries or constitute a
technical barrier to trade.
VI. Summary of Post-Comment Period Firestone Plant Visits by NHTSA
Officials
On March 13 and April 11, 2002, NHTSA personnel visited the
Bridgestone-Firestone (BFS) tire manufacturing plant in Aiken, SC. This
plant is the newest and most technologically advanced BFS plant and is
said to be representative of the future in tire manufacturing
technology. NHTSA's visit included hearing an overview of plant
operations and an explanation of the tire manufacturing process, and
being taken on a plant tour. During the discussion and tour, the NHTSA
personnel were shown and heard descriptions of all of the key steps in
the manufacturing processes, as well as quality control and safety
measures. Of particular interest to the NHTSA personnel was the process
of changing the TIN in the tire molds.
The presses used by BFS at this plant are the segmented hydraulic
vertical lift machines. Prior to this visit, NHTSA personnel had only
witnessed clam-shell presses first-hand in operation at older tire
plants. These segmented presses, along with the older clam-shell
presses, are the most widely used in the industry. According to RMA,
the segmented machines represent an increasing percentage of presses
used in the U.S. and are today considered the industry standard.
Additionally, the segmented machines are more versatile than other
types of presses since they can be used for molding all tires,
including the higher speed rated tires requiring nylon caps that the
older types of presses, including the clam-shell, cannot accommodate.
The segmented machines seen by NHTSA during the tour have a lower
press and an upper press. The lower press is fixed in place directly
below the upper press that is raised and lowered on a hydraulic lift.
The height of the upper press at the full open position is
approximately 6-7 feet above from the ground. The presses are hydraulic
so they must either be in the closed or open position, they cannot be
positioned in between these two extremes.
BFS provided NHTSA with a demonstration of the changing of the TIN
date code in the lower mold. Workers change the TIN date by quickly
leaning over the lower press and, using a hand tool, replace the old
plug and/or plate with a new plate or plug. The process is not
automated, according to BFS, due to the fragility of the mold.
On this type of machine, it appeared to NHTSA that any changes to
the upper molds would need to be done with the molds removed from the
upper press because the heat and inaccessibility of the upper mold
would make it too dangerous or simply impossible, to change upper mold
TINs in the upper press. This is because changing the TIN in the upper
molds while the machine is in use would entail the technician's
standing on the lower press while placing his head and arms directly up
into the upper press. This could not be done while the machine is in
use because the molds heat to approximately 350 F degrees and operate
under up to 185,000 pounds of pressure. Further, the molds weigh up to
5,000 pounds each. To remove the upper mold from the machine, the upper
press must be placed in the lowered position and the mold must be
lifted from above using a small forklift. According to BFS, the down
time necessary to enable workers to replace the date code is estimated
at 4 to 6 hours. This covers allowing the mold to cool, removing the
mold from the press, replacing the mold in the press, and reheating the
mold. In this particular plant, there are 153 presses. This large
number would, in BFS's view, make the replacement of the full TIN on a
weekly basis, to accommodate the weekly changing of date code,
logistically impossible. According to BFS, molds are currently removed
from the upper press approximately every 20 to 30 days for cleaning.
VII. Agency Decision Regarding Final Rule
A. Summary of Final Rule and Rationale
The final rule establishes a single standard for light vehicle
tires, FMVSS No. 139, New PneumaticRadial Tires for Light Vehicles. The
final rule contains labeling requirements that address the following
aspects of tire and vehicle labeling: tire markings, the Tire
Identification Number (TIN), vehicle placard content and format,
placard location, and owner's manual information. NHTSA will also be
[[Page 69610]]
establishing upgraded safety performance requirements for tires in a
forthcoming final rule, which would also be included in the new
standard.
The rule applies to all new and retreaded tires for passenger cars,
multipurpose passenger vehicles, trucks, buses and trailers with a
gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds) or less,
manufactured after 1975, and to all passenger cars, multipurpose
passenger vehicles, trucks, buses and trailers with a gross vehicle
weight rating (GVWR) of 4,536 kg (10,000 pounds) or less.\4\ The
requirements are summarized below.
---------------------------------------------------------------------------
\4\ Therefore, this standard is applicable to LT tires up to
load range E. This load range is typically used on large SUVs, vans,
and trucks.
---------------------------------------------------------------------------
NHTSA has decided that the size designation, maximum permissible
inflation pressure, and maximum load rating must be placed on both
sides of light vehicle tires. The full TIN will be required on the
``intended outboard side'' of the tire and either the full TIN or a
partial TIN, containing all aspects of the TIN except for the date
code, will be required on the opposite side.'' ``Intended outboard
sidewall'' is defined in FMVSS No. 139 as the sidewall that contains a
whitewall, bears white lettering, or bears manufacturer or model name
molding that is higher or deeper than that on the other sidewall of the
tire. If a tire does not have an intended outboard sidewall, the tire
must be labeled with the full TIN on one sidewall and with either the
full TIN or a partial TIN on the other sidewall. Requiring that a form
of the TIN, whether the full or partial TIN, be on both sides will
ensure that important consumer information will be on the outward
facing sidewall, regardless of how the tire is mounted. Requiring that
the other items of information be on both sidewalls will aid consumers
in properly maintaining their tires and loading their vehicles.
NHTSA is making another change to the TIN. The rule requires that
each character in the TIN be 6 mm (\1/4\'') high. The agency believes
that a requirement for a uniform TIN font size will significantly
improve the readability of the TIN.
The agency is making four sets of revisions to the presentation of
tire inflation pressure and load limit information on the vehicle
placard required for passenger cars by S4.3 of Sec. 571.110 and to be
required for all light vehicles with a GVWR of 10,000 pounds or less
under this proposal.\5\ This placard, permanently affixed to the glove
compartment door or an equally accessible location, currently displays
the vehicle capacity weight, the designated seating capacity (expressed
in terms of total number of occupants and in terms of occupants for
each seat location), the vehicle manufacturer's recommended cold tire
inflation pressure for maximum loaded vehicle weight, and the
manufacturer's recommended tire size designation.
---------------------------------------------------------------------------
\5\ FMVSS No. 120 currently requires that each motor vehicle
other than a passenger car show, on the label required by Sec.
567.4, or on a tire information label (S5.3.2(b)), the recommended
tire size designation appropriate for the GAWR, the tire size and
type designation of rims appropriate for those tires, and the
recommended cold inflation pressure for those tires such that the
sum of the load ratings on the tires on each axle (when the tire's
load carrying capacity at the specified pressure is reduced by
dividing 1.10, in the case of a tire subject to FMVSS No. 109, i.e.,
a passenger car tire) is appropriate for the GAWR.
---------------------------------------------------------------------------
First, the agency is requiring that tire inflation pressure
information be visually separated by a red colored border from the
other information on the existing vehicle placard or, alternatively, be
placed on a separate tire inflation pressure label. The vehicle placard
will contain only the information specified in the proposed version of
S4.3 (paragraphs (a)-(e)).\6\ This information will not be combined
with other labeling or certification requirements. The vehicle placard
will also have to meet the proposed color and content requirements as
discussed below.
---------------------------------------------------------------------------
\6\ (a) Vehicle capacity weight expressed as ``THE COMBINED
WEIGHT OF OCCUPANTS AND CARGO SHOULD NEVER EXCEED XXX POUNDS'';
(b) Designated seating capacity (expressed in terms of total
number of occupants and in terms of occupant for each seat
location);
(c) Vehicle manufacturer's recommended cold tire inflation
pressure;
(d) Tire size designation for the tire installed as original
equipment on the vehicle by the vehicle manufacturer; and
(e) ``SEE OWNER'S MANUAL FOR ADDITIONAL INFORMATION''.
---------------------------------------------------------------------------
Second, the agency is requiring that the tire inflation pressure
label and vehicle placard meet the following three requirements: (1)
The tire inflation pressure information is in color--red, yellow, and
black on a white background, (2) contain a black and white tire symbol
icon in the upper left corner, 13 millimeters (.51 inches) wide and 14
millimeters (.55 inches) tall/high, and (3) include the phrases ``Tire
and Loading Information'' and ``Tire Information'' and ``See Owner's
Manual For Additional Information'' in yellow text on a black
background.
Third, the agency is replacing the vehicle capacity weight
statement on the vehicle placard with the following sentence: ``[t]he
combined weight of occupants and cargo should never exceed XXX kg or
XXX pounds.'' The ``XXX'' amount equals the ``vehicle capacity weight''
of the vehicle as defined in FMVSS No. 110. The information is the same
as that currently required to be placed on the vehicle placard by
manufacturers.
Fourth, the agency is replacing the vehicle's recommended tire size
designation with the tire size designation for the tire installed as
original equipment on the vehicle by the vehicle manufacturer. While in
most instances these two numbers would be identical, this minor
revision ensures that the consumer is provided with the correct tire
inflation pressure information for the tire size actually installed on
his vehicle as original equipment by the vehicle manufacturer. The
original tire size designation and accompanying recommended inflation
pressure will be indicated by the headings ``original tire size'' or
``original size'' on the placard or label
This rule requires that the placard or placard and label be located
on the driver's side B-pillar. If a vehicle does not have a B-pillar,
then the placard and label will be placed on the edge of the driver's
door. If the vehicle does not have a driver's side B-pillar and the
driver's side door edge is too narrow or does not exist, the placard or
placard and label are required to be affixed to the inward facing
surface of the vehicle next to the driver's seating position.
Standardizing the location for tire information placards and labels
will contribute to consumer awareness of recommended tire inflation
pressures and load limits.
The agency is requiring that owner's manuals for light vehicles
discuss the following five subject areas: (1) Tire labeling, (2)
recommended tire inflation pressure, (3) glossary of tire terminology,
(4) tire care, and (5) vehicle load limits. A single, reliable source
containing the information listed above will aid consumers by providing
the information that they need to properly maintain their tires and
adhere to recommended load limits.
NHTSA believes that this rule will be effective in increasing
public awareness of tire information and the understanding and
maintenance of proper tire inflation and load limits. This rule will
also enable consumers to more easily identify the TIN and other tire
information for recalls and other notifications. The rule standardizes
the location and content of important information relating to proper
inflation and load limits and other tire safety concerns. These
measures, by increasing consumer knowledge and awareness, will result
in reduced tire failures and
[[Page 69611]]
tire related crashes, and therefore fewer deaths and injuries.
B. Summary of Key Differences Between NPRM and Final Rule
In response to the comments, the agency is modifying aspects of its
proposal. Most important, the agency was persuaded, for the reasons
explained below, that there are technical difficulties and safety
concerns associated with placement of the full TIN on both sidewalls of
the tire and the reordering of the TIN which were proposed to aid
consumers in determining whether their tires are subject to a recall.
Instead the agency is addressing the readability of the TIN by
requiring only that the full TIN, as currently ordered, appear on the
``intended outboard sidewall,'' and either the full TIN or a partial
TIN, same as full TIN currently ordered without date code, appear on
the opposite side of the tire. If a tire does not have an intended
outboard sidewall, the tire must be labeled with the full TIN on one
sidewall and with either the full TIN or a partial TIN on the other
sidewall.
The major changes to the standard (or deviations from the proposal)
are summarized below.
(1) The agency is not reordering the contents of the TIN.
(2) Except as noted above, the agency is requiring the full TIN on
the ``intended outboard sidewall'' of the tire and either the full TIN
or a partial TIN, containing all aspects of the TIN except for the date
code, on the opposite sidewall.
(3) The agency is eliminating size and format requirements for the
vehicle placard and label, except for those specifying use of the tire
icon and a limited use of color.
(4) If the vehicle does not have a driver's side B-pillar and the
driver's side door edge is too narrow or does not exist, the agency is
requiring that the placard or placard and label to be affixed to the
inward facing surface of the vehicle next to the driver's seating
position.
(5) For tires, the agency is extending the lead time and
instituting a phase-in compliance according to the following schedule:
40% of all covered tires between September 1, 2004 and August 31, 2005,
70% of all covered tires between September 1, 2005 and August 31, 2006,
and 100% of all covered tires beginning on September 1, 2006.
(6) The agency is delineating requirements for placarding and
labeling of multistage manufactured and altered vehicles.
C. Labeling Requirements
1. Tire Sidewall Labeling
a. Maximum Permissible Inflation Pressure. Commenters on the ANPRM
and NPRM and survey data conveyed that misunderstanding concerning the
meaning of maximum permissible inflation pressure exists among
consumers. Nevertheless, most commenters supported retaining this
requirement. The commenters and focus group participants also expressed
that the maximum inflation pressure provides a failsafe guideline for
tire inflation. The agency concurs that the greatest likelihood of tire
failure results from underinflation, therefore, the agency is not
deleting or revising the requirement for the maximum permissible
inflation pressure marking on the tire, except to extend this
requirement to tires for use on all light vehicles with a GVWR of
10,000 pounds or less, except LSVs and motorcycles.\7\
---------------------------------------------------------------------------
\7\ FMVSS No. 119 does not contain a requirement that the
maximum permissible inflation pressure be labeled on new pneumatic
tires for vehicles other than passenger cars.
---------------------------------------------------------------------------
Several commenters to the docket suggested adding information to
the tire to distinguish the maximum permissible inflation pressure from
the recommended inflation pressure. The agency believes that adding
additional language to the sidewall to clarify the distinction between
maximum inflation pressure and recommended inflation pressure is not
feasible. Sidewalls are becoming progressively smaller with the advent
of low profile tires and requiring additional information in this
already crowded space will cause clutter and greater consumer
confusion. The agency anticipates that improvements in the tire
placard, standardization of the placard location, and an expanded
consumer information program will reduce the number of consumers who
mistake the maximum inflation pressure for the recommended inflation
pressure.
RMA commented that NHTSA's proposal would require establishment of
new maximum permissible inflation pressures for LT tires that are
higher than the current marked pressures because LT tires are now
marked with a maximum load rating and corresponding inflation pressure
per 571.119. NHTSA has considered these comments. While the agency
agrees that the requirement might necessitate manufacturers'
determining and labeling a new maximum permissible inflation pressure
on LT tires, NHTSA has concluded that the establishment of maximum
permissible inflation pressures for LT tires should not be more
complicated than the process by which manufacturers currently label LT
tires with inflation pressures that correspond with the maximum load of
the tire.
Currently, LT tires are labeled with an inflation pressure that
corresponds to the maximum load to be carried by the tire. These values
are included in industry yearbooks, such as the ``Tire and Rim
Association'' (``T&RA'') Year Book, but are considered minimum cold
pressures for the maximum loads listed. The yearbooks provide
guidelines for using higher inflation pressures, which are based on
speed and loading conditions. Under certain conditions, the inflation
pressure could be increased by as much as 10 psi (69 kPa), although the
maximum load that can be carried by the tire under normal operating
conditions would not increase.
Although the agency acknowledges that the inflation pressures
corresponding to the maximum loads in publications such as the TRA
Yearbook are not absolute maximum inflation pressure values, we believe
that it is appropriate to label these pressures on the tire as the
maximum permissible inflation pressure for the maximum load specified.
This information would then correspond with the information labeled on
passenger car tires and would ensure that the consumer is provided with
an upper threshold failsafe value that would ensure safe operation of
the vehicle in a maximum loading condition or in the absence of the
consumer's using recommended inflation pressure information from the
vehicle placard or owner's manual. The agency will allow manufacturers,
at their discretion, to label maximum permissible inflation pressures
above those listed, up to 10 psi higher, on their LT tires to
accommodate design prerogatives and anticipated operational usages.
b. Maximum Load Rating. Several tire industry commenters suggested
that the maximum load rating is of no use to consumers, especially in
light of the load information proposed to be placed on the vehicle
placard, and that it should be replaced by the load index requirement
contained in GTS-2000 and ECE Regulation Nos. 30 and 54. The agency
disagrees that the maximum load rating is of no use for consumers. The
maximum load rating provides information that enables consumers to make
informed decisions about towing capacity and loading conditions under
certain vehicle applications. In contrast, the load index recommended
by industry commenters provides a code number, not provide an actual
weight
[[Page 69612]]
value, to consumers. This code number does not provide readily apparent
or available information to consumers and would make it necessary for a
vehicle operator to look to an index in the owner's manual or a tire
industry publication to determine the actual tire maximum load. The
agency does not dispute that a load index value may aid consumers when
purchasing replacement tires, but it believes that a maximum load
rating is more informative and necessary for consumer reference when
attempting to safely load their vehicles. Further, manufacturers are
welcome to add, in addition to the maximum load rating, the load index
to the tire sidewall and most already do so.
c. Cord Material and Number of Plies. With regard to the number of
plies and generic name of cord material used in the plies, most
respondents believed that information to be of limited safety value to
consumers and suggested its removal from the sidewall. The ITRA and
TANA, however, expressed the view that the cord and ply material is
very important to the tire retread, repair and recycling industries
because this information enables consumers and industry professionals
to determine the level of risk when inflating, repairing, retreading or
servicing a specific tire.
NHTSA believes that it is sufficient to require that this
information appear on one sidewall. Requiring that ply, cord, and tube
type information only be present on one sidewall would reduce the
stringency required of tires currently subject to FMVSS No. 119 (which
currently requires that light truck and MPV tires display the
information on both sidewalls) and would result in cost savings to
manufacturers that would offset some of the increased costs resulting
from changes to the TIN and the labeling of LT tires. Further, there is
no known advantage that would arise from requiring this information on
both sides of the tire. Therefore, cord and material and number of
plies labeling will be required to be labeled on only one sidewall of
the tire.
d. Placement of TIN. The agency's proposal to require the TIN to be
placed on both sidewalls of the tire elicited a range of different
viewpoints. Consumer commenters, CIMS and Ford stated that requiring
the TIN to be placed on the outside wall of the tire was desirable
since it was the only realistic way for ensuring that consumers could
determine if a tire were subject to a recall without having to take the
vehicle to a dealer for examination. However, all tire industry
respondents object to requiring the full TIN on both sides of the tire
because of the manufacturing costs and safety issues discussed above.
The agency has decided to adopt a combination of two suggestions
put forth by the tire industry. The agency has decided to require that
the full TIN be labeled on the ``intended outboard sidewall'' of the
tire and that either the full TIN or a partial TIN, without the date
code, is to be labeled on the opposite sidewall. In this rulemaking,
``intended outboard sidewall'' is defined in FMVSS No. 139 as a tire
sidewall that contains a whitewall, white lettering, or manufacturer or
model name molding which is higher, deeper, or than on the other side
of the tire. If a tire does not have an ``intended outboard sidewall,''
the manufacturer is required to mark the full TIN on any sidewall of
the tire and either the full TIN or the partial TIN on the other
sidewall. In consideration of the existence of tires that do not have
an ``intended outboard sidewall,'' the agency may, in a future
rulemaking, consider requiring tire manufacturers to indicate, through
permanent or temporary labeling of those tires, that the side of the
tire containing the full TIN is to be mounted facing outward.
After reviewing comments submitted to this rulemaking and after
visiting the Firestone plant, the agency concludes that it now has a
factual basis for concurring with the tire industry commenters that
requiring a second full TIN be molded on tires presents both
significant safety and cost concerns. Today, based on the advent of the
seven day-a-week operation of tire manufacturing combined with the
increasingly widespread use of the segmented press, the complexion of
worker safety and costs issues is different than the one that existed
in 1980 during our previous rulemaking on this issue.
The agency noted in the NPRM that responses to a special order in
1980 indicated that neither costs nor worker safety were major issues
because presses were non-operational 1 or 2 days a week at which time
the molds could be safety worked on and, even for presses that were
operational seven days a week, workers could access the upper molds by
placing insulated blankets over the bottom molds. When the NPRM was
issued, the agency did not have any specific factual information from
the tire industry that delineated its concerns regarding worker safety
or explained why worker safety would currently be an issue, as compared
to in 1980.
Based on tire industry and association responses to the NPRM, and
the visit to the tire plant, it now appears that, since 1980, however,
plant practices have changed such that virtually all plants and their
presses operate 7 days a week. Because there is no ``down time'' for
the presses workers must change the TIN in the hot press or remove the
mold from the presses.
Additionally, there has been technological change in the types of
presses used at the plants. In 1980, the industry standard was the
clam-shell press. This press opens so that the upper press opens
vertically at a hinge and can be accessed relatively easily by
technicians. Today, the more technologically advanced type of press is
the segmented press. This press is the most common type of press used
by tire manufacturers today and it has become the industry standard. As
discussed above, NHTSA witnessed first-hand the serious safety concerns
presented for technicians who would be changing a TIN in a hot upper
mold. Because of the danger to the worker, a significant amount of down
time would be needed to change the date code of the TIN on the upper
mold by removing, cooling, reinstalling, and reheating the mold.
The agency, after reviewing other options than requiring the full
TIN on both sidewalls, including those suggested by RMA, has decided
that a partial TIN on the ``intended inboard sidewall'' of the tire
would address industry safety and cost concerns and, acting as a
failsafe, aid consumers in determining whether their tires are subject
to a recall. According to NHTSA's records of recent recalls, 80% of
tires potentially subject to a ``typical'' recall could be eliminated
from the recall based on the plant code and information other than the
date code contained within the TIN. NHTSA notes that a partial TIN
would not have been able to eliminate a large percentage of tires from
the Firestone recall because several BSFS plants were involved in that
recall. NHTSA is aware of the possibility that a partial TIN code may
confuse consumers (``where are the rest of the numbers?'') or that the
residual 20% of consumers whose tires may be subject to a recall based
on the date code may decide to ``take their chances'' with regard to
taking the car into a service station to locate the date code. NHTSA,
however, believes that its increased efforts to educate consumers about
tire information will help remedy these potential situations and in the
unlikely event that consumers needed the date code to determine whether
their tires were subject to the recall and could readily view the
partial TIN only, it would be in the interest of consumers to have
their tires checked by a service technician if the partial TIN code
matched the recall information.
The agency stated in the NPRM that most tires are symmetrical or
reversible, meaning that they can be mounted
[[Page 69613]]
facing either direction. In practice, a majority of tires have certain
aesthetic features, e.g., whitewall lettering, name brand molding, that
denote an ``intended outboard sidewall.'' Thus, ``intended outboard
sidewall'' is defined in FMVSS No. 139 as the sidewall that contains a
whitewall, bears white lettering, or bears a manufacturer or model name
molding which is higher or deeper than on the other sidewall of the
tire.
As discussed above, the agency learned during its visit to
Firestone and subsequent information gathering that changing the TIN
number plates in the tire molds would not present insurmountable safety
problems if workers did not have to change the date code in the upper
mold of the press on a weekly basis. NHTSA believes that advances in
tire manufacturing technology, such as removable stencil plates, will
allow for a significant reduction in the costs and time associated with
revising the molds to contain a partial TIN on molds that do not
currently accommodate a TIN plate or plug. Further, the costs
associated with changing molds to implement this requirement are not
considered to be onerous because technicians will be able to change
partial TIN labeling information on the molds outside of the tire press
during the routine cleaning and reworking of the molds that occurs
every 20-30 days.
e. Reordering of TIN. All commenters who addressed this issue,
except for CU, opposed a reordering of the TIN. This opposition was
based mostly on concerns about the confusion for consumers and tire
dealership personnel that would result from having tires in
circulation, for up to 12 years from now, with two different TIN code
sequences. Opponents also cited the costs of revising printed materials
and databases and reeducate consumers and technicians. Commenters on
the NPRM argued that the agency had provided no proven benefits for
reordering of the TIN.
The agency had based its proposal on the comments on the ANPRM and
the results of the focus groups that showed consistent support for
making the TIN more user-friendly and readable. To that end, the agency
believed that proposed revisions to the sequence of information in the
TIN would have made the TIN easier for consumers to read and understand
for recall and other purposes.
The arguments of the tire industry commenters, however, have merit.
The agency agrees that the suggested revisions to the TIN have no
proven benefit to consumers and may, in fact, prove counterproductive
to its efforts to improve consumer information. NHTSA has therefore
decided not to reorder the TIN. Instead, it will work to make the TIN
more understandable to consumers through its consumer education
efforts.
f. Height of TIN. The agency has decided to require a 6 mm (1/4'')
uniform height font size to enhance the readability of the TIN. Tire
manufacturer commenters and consumer commenters, except for Advocates,
support the 6 mm TIN height. Advocates continues to express concern for
individuals with CFS. Advocates, however, does not suggest an
alternative font size.
The agency disagrees with Advocates' assertions and notes that
Advocates did not provide data supporting their assertions or
alternatives to the agency's proposal. The agency's proposal for a 6 mm
uniform TIN height was based on previous rulemakings and comments to
the ANPRM, which indicated that 4 mm was not a sufficient font size for
the TIN, particularly for individuals with visual impairment. Comments
on the ANPRM and NPRM and results from the focus groups concerning the
readability of the TIN did not specify a particular font size and
commenters, except for Advocates, did not disagree with the agency's
suggestion that a uniform 6 mm TIN font height will make the TIN easier
to read and would not impose a significant burden on tire
manufacturers. Therefore, 6mm will be the minimum required font size
and there will be no restriction that will prevent tire manufacturers
from using a larger font size for the TIN characters.
g. Other. Several commenters suggested adding additional
information to the tire sidewall, e.g., specifying what the digits of
the TIN represent, a marking requirement directing the vehicle operator
to use the information contained on the vehicle placard or in the
owner's manual, defining maximum permissible inflation pressure.
As stated in the NPRM, NHTSA does not believe that these
suggestions are feasible. As low-profile tires are developed and become
more common, there is a consequential decrease in sidewall heights. The
ever-decreasing space on tire sidewalls for displaying necessary and
required information will become even more important in the future and
will need to be reserved for essential information. NHTSA believes the
decision to add the additional items, explanations, and warnings
suggested by the commenters is better left to the discretion of the
tire and vehicle manufacturers and are more effectively addressed
through consumer information campaigns rather than through requirements
for additional on-tire information.
2. Vehicle Placard and Label
a. Revision and Upgrade of Placard and Optional Label. NHTSA has
decided to amend the existing 571.110 vehicle placard requirement,
including providing vehicle manufacturers two options for presenting
the required placard information on their vehicles. Manufacturers will
either choose to affix vehicles with the vehicle placard proposed in
the NPRM or a vehicle placard and tire information label combination as
proposed in the NPRM. The agency believes the modifications made by
this final rule will make the tire and load information contained on
vehicles more noticeable and understandable to consumers and,
therefore, increase the chance that this labeling requirement can
affect driver behavior to reduce tire failure and thus fatalities and
injuries.
NHTSA's proposal would have required labels to conform in content,
format, size, and color to the proposed placard and label. Vehicle
manufacturers agreed that NHTSA should specify the label content,
however, they asked for more flexibility in the areas of format and
size. Vehicle manufacturers also asked to be allowed to present the
text not only in English, but also in other languages.
The purpose of the improved placard and label is to make them more
noticeable and more explicit. NHTSA believes that arrangement and shape
of the labels is irrelevant to these purposes, and therefore, is
amending the regulatory language to allow such changes. NHTSA has also
re-examined the placard and label and has decided to adopt the
suggestion to specify only limited format requirements with minor
modifications to the proposal based on comments. These modifications
and the agency's rationale for its decisions regarding the placard and
the label are discussed below. The following are examples of the
vehicle placard and tire inflation pressure label:
BILLING CODE 4910-59-P
[[Page 69614]]
[GRAPHIC] [TIFF OMITTED] TR18NO02.000
[[Page 69615]]
[GRAPHIC] [TIFF OMITTED] TR18NO02.001
BILLING CODE 4910-59-C?
[[Page 69616]]
The proposed placard and label contained a black and white tire
symbol icon that was in the upper left hand corner of the placard and
label and was 13 millimeters (.51 inches) wide and 14 millimeters (.55
inches) high. Vehicle manufacturer commenters did not state a general
objection to the icon although Volkswagen commented that the icon
should not be required on a placard if it only shows seating capacity
and vehicle capacity weight.
Focus group participants strongly believed that a visual cue, such
as a tire symbol icon, would aid drivers in identifying and locating
tire information. NHTSA agrees with the participants' judgment that the
icon will attract the driver's attention and will aid the driver in
recognizing that the placard and label contain tire safety information.
Because tire information contained on the placard and label is so
critical to the safe operation of motor vehicles, NHTSA has decided to
retain the tire icon requirement as specified in the proposal. NHTSA
believes that consistency in graphics will prevent any confusion about
the meaning of the placard and label.
With regard to Volkswagen's suggestion that the icon only appear on
the label if that option is chosen, NHTSA believes the loading
information remaining on the placard, which pertains to the load that
can be carried at the recommended inflation pressure of the tires, is
tire related and should be identified by the icon on the placard.
Retaining the icon on the placard will assist participants in
understanding the overall meaning/purpose of the placard even if the
recommended inflation pressure is located on the label rather than on
the placard. Therefore, the rule requires that the black and white tire
icon symbol, as represented in Figures 1 and 2, appear on both the
placard and label.
Several vehicle manufacturers opposed the use of color on the
placard and label claiming high costs and lack of benefits, and that
the placard and label are not caution or warning labels and therefore
do not follow ANSI protocol. The agency, however, has decided to
specify limited color requirements on both the placard and the label to
highlight certain information. Yellow on a black background is required
for the headings of the placard and label and for the phrase ``see
owner's manual for additional information.'' On the vehicle placard, a
red border must differentiate the tire inflation pressure information.
Notwithstanding the border shown in Figures 1 and 2, manufacturers are
not required to place a border around the entire placard and label.
In response to start-up and production costs for colored placards
and labels asserted by certain vehicle manufacturers, the agency notes
that vehicle manufacturers are already required to provide colored
labels for air bag warnings and for rollover warnings for utility
vehicles. Further cost issues regarding colorization of the labels will
be addressed in the Costs section of this document.
With regard to the assertion that the agency's use of colors on the
placard and label does not follow the American National Standards
Institute (``ANSI'') protocol,\8\ the agency believes the use of colors
on the placard and label will draw attention to the safety information
contained on the labels. This belief is supported by survey results and
focus group recommendations to add color to the placard.
---------------------------------------------------------------------------
\8\ ANSI is a private, non-profit organization (501(c)3) that
administers and coordinates the U.S. voluntary standardization and
conformity assessment system.
---------------------------------------------------------------------------
Survey data indicate that most individuals are unaware of the
existence and/or location of the tire inflation pressure and load limit
information placards. Surveys also confirm that maximum tire pressure
is often confused with recommended inflation pressure. Surveys have not
addressed load limit issues, but the results from NHTSA's focus groups
and comments received in response to the ANPRM indicate that consumers
are unaware that these limits exist, where they are located, and how to
use them.
NHTSA's focus groups tested different versions of existing and
proposed tire placards to help determine the most effective way of
attracting the attention of consumers to this information and making it
more understandable to them. In response to the testing, focus group
participants overwhelmingly preferred color formats with contrasting
colors, e.g., yellow on black, instead of black and white formats
because the color attracted their attention and aided in their
comprehension of the material. Participants also strongly believed that
a visual cue, such as a tire symbol icon, would aid drivers in
identifying and locating this imperative information.
NTHSA recognizes that ANSI's mission in developing and issuing its
standard for communicating information about a comprehensive hierarchy
of hazards differs somewhat from that of the agency's in designing an
effective label to convey specific information and that their
conclusions about the manner of communication may differ. Given that
agency's labeling decisions are highly dependent on the facts regarding
the specific information being addressed, the agency will make case by
case determinations of the extent to which NHTSA should follow
voluntary standards versus information from other sources. As it has in
this rulemaking, NHTSA will rely on its own expertise and judgment in
making its determinations under statutory provisions regarding vehicle
safety standards.
Vehicle manufacturer commenters suggested that the label should
include the International Organization for Standardization (``ISO'')
\9\ symbol for owner's manual in place of a statement urging the driver
to look in the vehicle owner's manual for further information. NHTSA
disagrees. The statement directing consumers to the owner's manual is a
very important aspect of the agency's safety message to consumers.
Instead of requiring a symbol that a driver may or may not recognize,
the agency believes that it is both important and appropriate to have a
statement on the label reminding the driver to read the information in
the owner's manual and is requiring that it be included. The agency
considered allowing the ISO symbol to be included on the placard or the
placard and label in addition to the statement but decided against this
option because of the space constraints on the placard and the label
and the need to express the required information and statements as
clearly as possible.
---------------------------------------------------------------------------
\9\ The ISO is a worldwide federation of national standards
bodies from some 140 countries, one from each country.
---------------------------------------------------------------------------
The agency has decided to adopt the statement ``the combined weight
of occupants and cargo should never exceed XXX kg or XXX pounds'' to
replace the phrase ``vehicle capacity weight.'' The ``XXX'' amount will
equal the vehicle capacity weight of the vehicle as defined in FMVSS
No. 110. Commenters stated that the new phrase will aid consumers
recognizing what factors comprise the vehicle capacity weight and what
significance that weight has for the operation of a vehicle. As
discussed in the NPRM, the information is the same as that currently
required to be placed on the vehicle placard by manufacturers.
Today's rule requires manufacturers to label the placard and label
with the tire size designation for the tire installed as original
equipment on the vehicle by the vehicle manufacturer. In response to a
suggestion by Subaru, the placard or label will specify that the tire
size designation and accompanying
[[Page 69617]]
recommended inflation pressure be indicated by the heading ``original
tire size'' or ``original size.'' This new requirement replaces that
which specifies that the placard and label contain the vehicle's
recommended tire size designation. While in most instances these two
numbers would be identical, this minor revision insures that the
consumer is provided with the correct tire inflation pressure
information for the tire size actually installed on his vehicle as
original equipment by the vehicle manufacturer.
As discussed in the NPRM, the agency considered adding a
requirement for the vehicle manufacturer to label all recommended
optional tire size designations on the vehicle placard and/or tire
inflation pressure label. Additionally, some commenters, in response to
the proposal, requested that the agency allow additional/optional tire
sizes be listed on the placard and label.
The agency continues to believe that that allowing the addition of
optional tire sizes, as well as other non-required information, to the
placard and label is not appropriate, primarily because listing more
than one tire size designation and the corresponding recommended
inflation pressure or any additional information would require more
information to be added to the already crowded vehicle placard. The
agency believes that overcrowding the vehicle placard and/or tire
inflation pressure label with information would discourage use of tire
inflation pressure information on the placard and/or the label.
Additionally, vehicle manufacturers may label this additional
information on the certification label. Therefore, this rule will
specify a prohibition about ``other information'' being added to the
vehicle placard and label.
Manufacturers also asked to be allowed to present the label text
not only in English, but also in other languages. NHTSA's current
policy is to allow a required message to be stated in additional
languages once the required English language message was provided. In a
March 10, 1994 notice, NHTSA stated:
NHTSA interprets the labeling requirements * * * as requiring
manufacturers to supply the information in English. Once this
requirement is met, manufacturers may supply the same information in
other languages, so long as it does not confuse consumers. As long
as the non-English language label is a translation of the required
information, NHTSA does not interpret it to be ``other
information.'' (59 FR 11200, at 11201-202).
As stated above, the placard and label requirements will include a
prohibition against ``other information.'' NHTSA will not consider
translations of the required placard and label message to be ``other
information.'' However, all the requirements for the English label
message must be met, including the requirement, as discussed below,
that the content must be ``legible, visible, and prominent.''
The agency also concurs with this commenter's suggestion to allow
abbreviations for measurements, e.g., ``lbs.'' and ``kg.'' and will
permit manufacturers to provide abbreviations for measurements at their
discretion.
b. Location and Size. NHTSA, continues to believe that an important
and overriding consumer information element of the placard and label is
that they are located in an accessible and predictable location in
motor vehicles. This belief was strongly supported by a focus group
consensus and by comments to the NPRM.
NHTSA, in viewing a uniform location of the placard and label as a
preeminent concern, has re-examined the labels, and the proposed
vehicle locations for the labels, and agrees that there would be issues
at some locations about the sufficiency of the space for the placement
of the labels of the proposed specifications. In response to comments
from manufacturers that some unspecified vehicles do not contain B-
pillars or door edges, NHTSA has added a second alternative requirement
to the requirement that the vehicle placard and tire inflation pressure
label be located on the driver's side B-pillar. As proposed in the
NPRM, the rule requires that if a vehicle does not have a B-pillar,
then the placard or placard and label would be placed on the edge of
the driver's door. Also with this rule, if a vehicle does not have a
driver's side B-pillar and the driver's side door edge is too narrow or
does not exist, the placard or placard and label are required to be
affixed to the inward facing surface of the vehicle next to the
driver's seating position. The agency believes that this will allow
manufacturers two alternatives if it is not possible to place the
placard or placard and label on the B-pillar. Allowing manufacturers to
place the placard or placard and label on the inward facing surface
next to the driver accommodates vehicles that do not have a driver's
side B-pillar or driver's side door edge or have a driver's side door
edge that is too narrow and is similar to one of the alternative
placement specifications for Certification Labels in Sec. 567.8.
In response to manufacturer concerns that it will not be feasible
to fit the placard or placard and label on the B-pillar or door edge,
NTHSA is not specifying a particular size, dimension or shape for the
label. Despite the absence of any current requirement about placard or
label size, no commenter provided an example of a vehicle placard that
the commenter regarded as too small.
With respect to the size of the text on the placard and label,
NHTSA learned from focus groups that the public generally prefers
larger fonts in label text because it is easier to read. This helps
ensure the placard and label will effectively convey the message to the
reader. NHTSA, in its proposal, considered mandating a minimum font
size for the text, but has not done so for two reasons. First, it is
hard to specify a single font size that would assure ease of reading
with all possible typefaces. Second, NHTSA does not think it necessary
to specify a regulatory requirement for font size to assure that
manufacturers will make the message large enough to be easily read.
Additionally, NHTSA has not required any particular font face, size, or
case for the vehicle placard. Manufacturers who choose the option to
use both the placard and label may wish to use the same font face,
size, and case in both labels. Today's rule allows them the flexibility
to do so. NHTSA has, therefore, decided not to specify either a
particular font face or font size or case for the placard and label. As
other label sizes (e.g., rollover, air bag) have not been a problem for
the agency in the past, the final rule will similarly specify that the
text on the placard and label be ``legible, visible, and prominent'' to
the driver. If the agency becomes aware of cases in which the size of
the placard's and label's text is too small, we will revise the rule to
specify label and font size.
This rule also recognizes that the tire inflation pressure label
will be placed proximate to the vehicle placard. A standardized
location for placard and label will contribute to consumer awareness of
recommended tire inflation pressure and load limits by providing a
consistent and predictable place for this information. Vehicle
manufacturers provided a number of alternative locations for the
placard and label citing difficulties in fitting the placard or label
on the B-pillar or door edge. The agency, however, notes that it has
provided manufacturers with great flexibility concerning the size,
shape and dimension of the placard and label. This flexibility provides
manufacturers great latitude to design the placard and
[[Page 69618]]
label in a manner that can be configured to virtually every vehicle
design. Furthermore, there would be no prohibition on placing
additional tire inflation pressure labels on the vehicle in locations
other than the B-pillar, except as precluded by other safety standards.
c. Multistage Manufacturer/Alterer Issues. NTEA and the Alliance
commented that the proposed requirement for all light vehicles to be
labeled with the vehicle capacity weight (expressed as ``the combined
weight of occupants and cargo should never exceed * * *'') would create
problems for manufacturers, both primary, secondary, and final, of
multistage vehicles. More specifically, these commenters expressed
concern that the vehicle capacity weight labeled on the placard by the
primary manufacturer would be rendered invalid by subsequent
modifications and, additionally, that there would be excessive costs
associated with the secondary manufacturers being required to
physically weigh the finished vehicle to determine the vehicle capacity
weight. Additionally, NTEA suggested that alterers be permitted to
replace or cover over original placards with those containing updated
and accurate information for the altered vehicle.
NHTSA notes that final stage manufacturers are already required to
know, before certifying the vehicle, the GVWR, the unloaded vehicle
weight, and the passenger weight for the vehicle. With this
information, final-stage manufacturers should be able to calculate
easily the vehicle capacity weight of the vehicle. NHTSA, however,
agrees with commenters that the issues regarding the placarding
responsibility for multi-stage manufactured and altered vehicles need
to be addressed. The agency has decided that (1) incomplete and
intermediate manufacturers need not affix a placard to an incomplete
vehicle, (2) alterers must affix a new placard, containing accurate
information for the altered vehicle, over the placard installed by the
vehicle manufacturer, so as to obscure the original placard and (3)
final stage manufacturers must label vehicles with vehicle capacity
weight and seating designations ``as finally manufactured,'' utilizing
information contained in the document (``IVD'') required by Sec. 568.4
to be provided by incomplete and intermediate vehicle manufacturers and
the information particular to their role in the manufacture of the
vehicle.
3. Owner's Manual
All commenters concurred that the owner's manual, as a single,
reliable source containing the proposed required information for the
tires and tire safety information listed above would aid consumers in
properly maintaining their tires and adhering to load limits.
Today's rule requires owner's manuals to include the following
statements and information:
1. Tire labeling, including a description and explanation of--
(a) Each marking on the tire,
(b) Locating information that will aid consumers in identifying
tires subject to a recall campaign, and
(c) The TIN;
2. Recommended tire inflation pressure, including a description and
explanation of--
(a) Recommended cold tire inflation pressure,
(b) The vehicle placard and tire inflation pressure label required
in Federal Motor Vehicle Safety Standard No. 110 and their location in
the vehicle,
(c) The adverse safety consequences of underinflation (including
tire failure), and
(d) Measuring and adjusting air pressure to achieve proper
inflation;
3. Glossary of tire terminology, including ``cold tire pressure,''
``maximum inflation pressure,'' and ``recommended inflation pressure,''
and all non-technical terms defined in S3 of FMVSS Nos. 110 & 139;
4. Tire care, including maintenance and safety practices; and
5. Vehicle load limits, including a description and explanation
of--
(a) Locating and understanding load limit information, total load
capacity, seating capacity, towing capacity, and cargo capacity,
(b) Calculating total and cargo load capacities with varying
seating configurations including quantitative examples showing/
illustrating how the vehicle's cargo and luggage capacity decreases as
the combined number and/or size of occupants increases,
(c) Determining compatibility of tire and vehicle load
capabilities,
(d) The adverse safety consequences of overloading on handling and
stopping and on tires, and
(e) ``Steps for Determining Correct Load Limit--
(1) Locate the statement ``The combined weight of occupants and
cargo should never exceed XXX kg or XXX pounds'' on your vehicle's
placard.
(2) Determine the combined weight of the driver and passengers that
will be riding in your vehicle.
(3) Subtract the combined weight of the driver and passengers from
XXX kilograms or XXX pounds.
(4) The resulting figure equals the available amount of cargo and
luggage load capacity. For example, if the ``XXX'' amount equals 1400
lbs. and there will be five--150 lb passengers in your vehicle, the
amount of available cargo and luggage load capacity is 650 lbs. (1400--
750 (5 x 150) = 650 lbs.)
(5) Determine the combined weight of luggage and cargo being loaded
on the vehicle. That weight may not safely exceed the available cargo
and luggage load capacity calculated in Step 4.
(6) If your vehicle will be towing a trailer, load from your
trailer will be transferred to your vehicle. Consult this manual to
determine how this may reduce the available cargo and luggage load
capacity of your vehicle.''
The agency believes that the general nature of the requirements
about discussions of tire labeling, tire care, and load limit
information will allow manufacturers to tailor language to their
specific vehicles. At the same time, the requirements are specific
enough to ensure that critical topics are included.
These statements and information are the same as those proposed in
the NPRM with minor modification. NHTSA believes that the need for
uniformity in 5(e) requires verbatim ``Steps for Determining Correct
Load Limit'' in order to underscore that the message contained in
determining the correct load limit is important for safe operation of
vehicle. Number 7 in the list of steps has been deleted. RMA and GRRF
expressed concern that this statement, which suggests that a pressure
higher than the recommended pressure may be needed to support certain
loads, incorrectly indicates that tires can be loaded above their
maximum loading capacity as specified in FMVSS No. 110. The agency
agrees with RMA and GRRF's concern and has deleted the statement.
Some vehicle manufacturers suggested that the agency more
specifically delineate or define aspects of the information to be
included in the owner's manual. The agency, however, believes that
uniformity is not needed with respect to the discussion of tire safety
issues other than ``Steps for Determining Correct Load Limit.'' The
agency believes that manufacturers are in a better position to provide
drivers with adequate explanations of tire labeling, recommended tire
inflation pressure, a glossary of tire terminology, and tire care.
[[Page 69619]]
D. Vehicle Applicability and Effective Dates
Section 11 of the TREAD Act requires the agency to issue a final
rule on this tire labeling proposal by June 1, 2002. This rule
establishes that its labeling revisions apply, except where noted, to
new pneumatic tires for use on motor vehicles with a GVWR of 10,000
pounds or less, manufactured after 1975, except for motorcycles and
LSVs, and for new motor vehicles with a GVWR of 10,000 pounds or less.
Given the increasing consumer preference for using light trucks for
passenger purposes, the agency is requiring that the tire information
requirements for passenger car tires also apply to LT tires (load C, D,
E) used on light trucks. No commenters dissented with the agency's
statement in the NPRM that LT tires are increasingly used in the same
type of on-road service as P-metric tires on light vehicles or with the
agency's statement that the use of these tires on passenger vehicles
will continue to increase in the near future.
As proposed in the NPRM and in response to comments suggesting
technical difficulties applying labeling revisions to motorcycle tires
and specialty tires produced for antique vehicles, NHTSA is not
requiring that FMVSS No. 139 apply to motorcycle tires and tires for
vehicles produced before 1975. The agency is currently not aware of any
consumer information concerns or problems associated with motorcycle
tires or tires used on antique motor vehicles.
To maintain consistent labeling requirements for all tires for use
on light vehicles, the labeling requirements are also applicable to
retreaded pneumatic passenger car tires and new non-pneumatic tires for
passenger cars. No comments were received on the applicability of this
rule to these tires.
Most vehicle manufacturer commenters requested longer lead time,
until September 1, 2004. NHTSA has decided to adopt the effective date
of September 1, 2003 for vehicle labeling. The proposed effective date
reflected NHTSA's desire for expedited action on this issue. In view of
the immediate need to alert the public to tire and loading information
and because the labeling revisions to light vehicles constitute format
changes, not performance or vehicle design changes, NHTSA finds that an
effective date of September 1, 2003 is reasonable and is in the public
interest.
All tire manufacturers requested longer lead time, up to five
years, to account for reworking molds and replacing current molds,
which last up to five years, with new molds reflecting the new labeling
requirements. The agency agrees that providing some level of compliance
flexibility improves the chances that ways can be found to improve
safety as well as reduce costs. Accordingly, we have structured a
phase-in to facilitate those efforts. For tires, the agency has decided
to extend the lead time and institute a phase-in compliance according
to the following schedule: 40% of all applicable tires between
September 1, 2004 and August 31, 2005, 70% of all applicable tires
between September 1, 2005 and August 31, 2006, and 100% of all
applicable tires beginning on September 1, 2006. This extension of the
effective date for tires and the phase-in reflects the reality that the
tire manufacturers will need to rework, retool, and replace the tire
molds currently being utilized. NHTSA believes that this phase-in will
permit tire manufacturers to continue to use existing molds while they
acquire new ones that reflect the new tire information requirements.
Also, by requiring that only 40% of tires comply with the requirements
during the first stage of the phase-in, the agency is providing the
industry and its mold shops with an achievable task of reworking a
number of molds that would not exceed their capacity for such work. By
not requiring full compliance until September 1, 2006, NHTSA is
providing the tire industry with ample time to accomplish the task at
hand.
Finally, to encourage the earliest possible application of the new
tire information requirements, NHTSA is allowing manufacturers to
institute the new requirements before the required dates.
E. Other Issues and Concerns
1. Permission To Change Labeling
Today's rule does not permit manufacturers to make changes to the
labeling upon seeking and receiving special permission from the
Administrator. NHTSA believes that it is important that people see the
same message on all covered tires and vehicles and that this message
appears, where specified, in a standardized format and location. The
agency believes that inconsistency with regard to the content, format,
and placement of the labeling mandated in this rule could cause
confusion and undermine the effectiveness of the improved tire
information.
2. Modification to FMVSS Nos. 110 and 120
The purpose of FMVSS Nos. 110 and 120 is to provide safe
operational performance by ensuring that vehicles to which they apply
are equipped with tires of adequate load rating and rims of appropriate
size and type designation. FMVSS No. 110 currently applies to passenger
cars and FMVSS No. 120 currently applies to vehicles other than
passenger cars including motorcycles and trailers.
This rule specifies that the applicability of FMVSS Nos. 110 and
120 will correspond with the applicability of the new light vehicle
tire. FMVSS No. 110 will include passenger cars and other light
vehicles with a GVWR of 10,000 pounds or less. Therefore, most SUVs,
vans, trailers, and pickup trucks will be required to comply with the
same tire selection and rim requirements as passenger cars. FMVSS No.
120 will continue to apply to vehicles over 10,000 pounds GVWR and
motorcycles.
With regard to the revised applicability of FMVSS No. 110 and 120,
the Alliance suggested that NHTSA drop the proposal to amend the
applicability from this docket and instead incorporate them into the
NPRM to be published on tire performance requirements. RMA and RAC
urged the agency in applying FMVSS No. 110 to light vehicles other than
passenger cars it should not relax the current standards for tire
selection and the load service factor of 1.10 contained in S5.1.2 of
FMVSS No. 120. No commenters, however, objected to the revised
applicability of FMVSS No. 110 and 120.
The agency empathizes with the Alliance's wanting to comment on the
applicability of performance-oriented aspects in conjunction with the
NPRM on tire performance requirements. NHTSA has incorporated a
discussion regarding the revised applicability of FMVSS Nos. 110 and
120 and the ensuing performance-oriented issues, including the 1.10
service factor, into the NPRM on tire performance requirements, and has
provided an opportunity to comment on these issues. NHTSA will make its
final decision with regard to these performance aspects of the FMVSS
No. 110 and 120 applicability in the tire performance upgrade final
rule.
The proposal discussed that certain performance-oriented
requirements of FMVSS No. 110 would have been retained, including
S4.2.2, which establishes a linkage between the
[[Page 69620]]
vehicle normal load \10\ and the load specified for the high-speed test
in FMVSS No. 109.\11\ S4.2.2 would have been extended to cover SUVs,
vans, trailers, and pickup trucks for the first time, which means that
P-metric and LT tires used on these vehicles would have a load reserve
similar to P-metric tires used on passenger cars. The proposal also
noted that it would have extended S4.4.1(b) of FMVSS No. 110, which
requires that each rim shall retain a deflated tire in the event of a
rapid loss of inflation pressure from a vehicle speed of 97 km/h until
the vehicle is stopped with a controlled braking operation, to light
trucks and vans for the first time. The agency is not issuing a
decision on these performance aspects in this final rule. Vehicle and
tire manufacturers may comment on this issue after having an
opportunity to consider the tire performance upgrade proposal.
---------------------------------------------------------------------------
\10\ Vehicle normal load on the tire means that load on an
individual tire that is determined by distributing to each axle its
share of the curb weight, accessory weight, and normal occupant
weight and dividing by 2.
\11\ This, under the proposed high speed test, would ensure at
least a 15 percent load reserve (high speed test load proposed is 85
percent) when the vehicle is operated at normal load.
---------------------------------------------------------------------------
3. Certification Label
Vehicle certification label requirements, contained in Part 567,
will not be revised by this rule except to reference FMVSS No. 110, as
well as FMVSS No. 120, in Sec. 567.4 concerning tire rim combinations
for light trucks and MPVs, and to require that the label contain the
tire-rim combination installed as original equipment on the vehicle by
the vehicle manufacturer.\12\ Rim information will not, however, appear
on the proposed vehicle placard or tire inflation pressure label.
---------------------------------------------------------------------------
\12\ Currently, the rim size and type designation label
information requirements for light trucks and multipurpose passenger
vehicles (MPVs) (which include SUVs) are specified in S5.3.2 of
FMVSS No. 120. Light trucks and MPVs, unlike passenger cars, may be
outfitted with different sized rims which would require different
size tires and recommended inflation pressures for those tires.
---------------------------------------------------------------------------
4. Analysis of Responses to Agency Questions in NPRM
Should NHTSA define or specify what a ``reasonable amount of
luggage is for a vehicle with an occupant in every designated seating
position''?
Currently, our statute requires that a motor vehicle be equipped
with tires that meet maximum load standards when the vehicle is loaded
with a reasonable amount of luggage and the total number of passengers
the vehicle is designed to carry.
The Alliance and GM opposed providing a definition for ``reasonable
amount of luggage'' stating that it serves no safety need and would
interfere with what they characterize as a ``competitive matter among
manufacturers.'' ETRTO states that the agency should consider
specifying ``maximum luggage capacity'' rather than a ``reasonable
amount of luggage'' to avoid overloading. GRRF opposes the agency
deferring to vehicle manufacturers the responsibility for ensuring that
a vehicle is equipped with tires that have a load capacity suitable for
the declared maximum permissible load of the vehicle or its axes.
NHTSA has decided, at this point, to rely upon its efforts in this
rule and in its consumer education program to address the safety
aspects of vehicle loading. In addition, consistent with their
comments, the agency expects the industry to undertake educational
efforts to inform the public properly with regard to particular
vehicles. Whether or not these efforts will obviate the need for the
agency to define ``reasonable amount of luggage'' may be evaluated by
the agency at some future time.
NHTSA requests comments on which, if any, labeling requirements in
any foreign or international standard should be considered by NHTSA and
why.
NHTSA generally supports international harmonization in cases where
such harmonization is consistent with its statutory mandate to ensure
motor vehicle safety. Several vehicle industry and tire industry
commenters suggested adding the service description to tires and
vehicles as a labeling requirement, stating that this information aids
consumers when purchasing replacement tires. The agency continues to
believe the two labeling requirements contained in the service
description, speed-category symbol and load index\13\, have not been
shown to communicate everyday tire maintenance and safety information
effectively to the U.S. public. Both provide a value that is not
intuitive to consumers and would require a vehicle operator to look to
the owner's manual or standard to determine the actual tire maximum
load and maximum rated speed of the tire. Manufacturers may continue
labeling tires with this optional information but the agency will not
make the service description a tire labeling requirement. Additionally,
the agency will prohibit this information from being placed on the
vehicle placard and label and has deleted the service description from
the examples of the placard and label.
---------------------------------------------------------------------------
\13\ Under these regulations, the speed-category symbol and the
load index are to be placed together near the size designation. For
example, the sidewall would contain the size designation ``P215/
65R15 89H'' where ``H'' is the speed-category symbol and ``89'' is
the load index.
---------------------------------------------------------------------------
Should the agency consider prohibiting some or all non-required
information from being labeled on the tire sidewalls?
All tire and vehicle industry commenters oppose a prohibition on
non-required information being placed on tires. They argue that this
action would generally conflict with harmonization efforts, would incur
retaliation from other countries, would restrict manufacturers use of
unique markings for marketing and production purposes, would restrict
global marketing and therefore raise costs, and could constitute a
technical barrier to trade. The agency agrees that such a prohibition
would precipitate unintended consequences due to the global nature of
the tire industry and give rise to greater costs for the industry and
consumers. Therefore, with this rule, the agency will not prohibit non-
required information on applicable tires.
VIII. Benefits
For a fuller discussion of the benefits, see the agency's Final
Regulatory Evaluation (FRE). A copy of the FRE has been placed in the
docket.
NHTSA believes that this final rule will be effective in increasing
public awareness of tire safety, particularly the understanding and
maintenance of proper tire inflation and load limits. This final rule
will also enable consumers to more easily locate and identify the TIN
and other tire information for recalls and other notifications. The
rule will standardize the location and content of important information
relating to proper inflation and load limits and other tire safety
concerns. These measures, by increasing consumer knowledge and
awareness, will result in reduced tire failures and tire related
crashes, and therefore fewer deaths and injuries.
IX. Costs
The following is a summary of the costs associated with the final
rule. For a more detailed analysis, see the agency's FRE.
The agency estimates that one-time costs of up to $23.4 million
will occur for the tire industry during the phase-in period. These
costs will add up to $0.08 per tire during this period. The recurring
annual costs are believed to be very minor.
Estimates for retread manufacturers are projected sales figures
provided from ITRA and incorporated cost estimates from RMA. Since
retread
[[Page 69621]]
manufacturers produce about 5.47 million retread tires that will be
covered by this rule, only a percentage of the approximately $23.4
million will be applicable to retreaders. This percent is calculated to
be 1.93% (5.47 million (number of tread tires produced)/283 million
(number of tires produced by the tire industry) x 100%). Thus, the
total one-time investment cost to retread manufacturers is $451,895
(1.93% x $23,379,600) or about $0.08 per tire ($451,895/5,470,000
tires). Given that there are about 750 retread manufacturers that
produce retreads for passenger cars and light trucks, the cost per
manufacturer is about $603 ($451,895/750 manufacturers). The $603 per
manufacturer may be a substantial underestimation, since most retread
manufacturers are small companies with fewer sales over which to
allocate costs than the larger tire manufacturers. However, even if
costs were ten times higher for retread manufacturers ($6,030) than for
other manufacturers, this amount would still represent a minimal impact
to retread manufacturers.
The agency estimates that vehicle costs will increase about $0.15
per vehicle, based on $0.04 per label and $0.11 for adding about 8
pages of information to the owner's manual. With approximately 17
million light vehicles and light trailers being sold annually, the
vehicle costs are over $2.6 million per year on a recurring annual
basis.
Thus, total overall costs are up to $26 million initially, with
$2.6 million estimated to occur on a recurring annual basis.
X. Effective Date
The Agency discusses the effective date and the phase-in
requirements for this rule in section VII.D. of this document.
XI. Rulemaking Notices and Analyses
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President=s priorities, or the principles set forth in
the Executive Order.
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. At the time of the NPRM, this rulemaking was
regarded as nonsignificant. However, due to concerns raised during a
Congressional hearing in late February 2002 regarding the agency's
proposals to require the full TIN on both sides of each tire and to
reorder the TIN, this rulemaking was reclassified as significant.
Accordingly, the Office of Management and Budget reviewed the final
rule under Executive Order 12866, ``Regulatory Planning and Review.''
(As noted above, the final rule does not adopt either of those
proposals, thus eliminating the sources of those concerns.) The rule is
likely to result in expenditure by tire and automobile manufacturers of
$26 million initially, with $2.6 million estimated to occur on a
recurring annual basis. NHTSA is placing in the public docket a Final
Regulatory Evaluation (FRE) describing the costs and benefits of this
rulemaking action. The costs and benefits are summarized earlier in
this document.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their proposed
and final rules on small business, small organizations and small
governmental jurisdictions. I hereby certify that the amendments would
not have a significant economic impact on a substantial number of small
entities.
The final rule affects motor vehicle manufacturers and tire
manufacturers. The agency does not believe that any of the tire
manufacturers are small businesses. However, there are about 1,000
retread manufacturers in the United States, of which about 750 deal
with light vehicle tires that will in some small way be impacted by
this rule. Most of these retreaders are small businesses. As discussed
in Section IX. Costs, the agency estimates the cost burden imposed on
retread manufacturers at approximately $600 per retread manufacturer if
costs are similar to those for other tire manufacturers. Costs may be
higher due to economies of scale but the agency believes that these
impacts will not be economically significant. For instance, even if the
costs to retread manufacturers were ten times higher than for the other
manufacturers ($6,000), this figure would represent a minimal impact to
retread manufacturers.
NHTSA estimates that there are only about four small passenger car
and light truck vehicle manufacturers in the United States. These
manufacturers serve a niche market. The agency believes that small
manufacturers manufacture less than 0.1 percent of total U.S. passenger
car and light truck production per year.
C. National Environmental Policy Act
NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action does not have any significant impact on the quality of
the human environment.
D. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federal implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule will not have
any substantial impact on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials.
E. Unfunded Mandates Act
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
requires agencies to prepare a written assessment of the costs,
benefits and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted annually for inflation with base
year of 1995). Adjusting this amount by the implicit gross domestic
product price deflator for the year 2000 results in $109 million
(106.99/98.11 = 1.09). The assessment may be included in conjunction
with other assessments, as it is here.
This final rule will not result in expenditures by State, local, or
tribal
[[Page 69622]]
governments or tire suppliers of more than $109 million annually.
F. Civil Justice Reform
This final rule does not have any retroactive effect. Under 49
U.S.C. 21403, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 21461 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
G. Paperwork Reduction Act
This final rule contains the following ``collections of
information,'' as that term is defined in 5 CFR part 1320 Controlling
Paperwork Burdens on the Public:
Tire and Vehicle Placard Labeling Requirements--The Department of
Transportation is submitting the following information collection
request to OMB for review and clearance under the Paperwork Reduction
Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: Tires and Rims Labeling, and Vehicle Placard Requirements.
Type of Request: Additional collection of information for an
existing collection.
OMB Clearance Number: 2127-0503.
Affected Public: The tire-labeling respondents are manufacturers
and retreaders of tires.
The agency estimates that there are about 8 such new tire
manufacturers and 1000 retread manufacturers. The placard labeling
respondents are manufacturers of MPVs covered by FMVSS 571.120. The
agency estimates that there are 935 vehicle manufacturers affected by
this collection.
Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information: NHTSA estimates that the
total annual hour burden is 111,539 hours for tire labeling and 25,184
for vehicle placard requirements.
Estimated Costs: NHTSA estimates the initial cost burden for tire
labeling to be $23.4 million and the annual cost burden for tire
labeling to be $0. The estimated total annual cost burden for vehicle
placards is approximately $0.7 million. Manufacturers will not expend
any additional resources to gather additional information because they
already compile this data for their own uses.
Summary of the Collection of Information: The provisions of the
final rule requiring manufacturers to provide certain information on
both sidewalls of tires, e.g., the TIN, and certain information on a
placard or label for vehicles other than passenger cars, e.g., vehicle
capacity weight, seating capacity, for the benefit of consumers are
considered to be third-party information collection requirements as
defined by the Office of Management and Budget (OMB) in 5 CFR part
1320.
Description of the Need for the Information and Proposed Use of the
Information: The provisions of the final rule requiring manufacturers
to provide certain information on both sidewalls of tires, e.g., the
TIN, and certain information on a placard or label for vehicles other
than passenger cars, e.g., vehicle capacity weight, seating capacity,
are for the benefit of consumers. NHTSA requests comments on the
agency's estimates of the total annual hour and cost burdens resulting
from this collection of information. These comments must be received on
or before January 17, 2003.
Vehicle Owner's Manual Requirements--The Department of
Transportation is submitting the following information collection
request to OMB for review and clearance under the Paperwork Reduction
Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: Consolidated Vehicle Owner's Manual Requirements of Motor
Vehicles and Motor Vehicle Equipment.
Type of Request: Additional collection of information for an
existing collection.
OMB Clearance Number: 2127-0541.
Affected Public: The respondents are manufacturers of motor
vehicles with a gross vehicle weight rating of 10,000 pounds or less,
except for motorcycles and LSVs. The agency estimates that there are 50
model lines for which there are owner's manuals. It is estimated that
about 25 vehicle manufacturers are affected by this collection.
Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information: NHTSA estimates that the
total annual hour burden is 400 hours for this information collection.
Estimated Costs: NHTSA estimates the total cost annual burden for
revising the owner's manuals to be approximately $1.9 million.
Summary of the Collection of Information: The provisions of the
final rule herein requiring manufacturers to provide information in
owners' manuals explaining tire and vehicle load limit information for
the benefit of consumers are considered to be third-party information
collection requirements as defined by the Office of Management and
Budget (OMB) in 5 CFR part 1320.
Description of the Need for the Information and Proposed Use of the
Information: The provisions of the final rule requiring manufacturers
to provide information in owners' manuals explaining tire and vehicle
load limit information are for the benefit of consumers. NHTSA requests
comments on the agency's estimates of the total annual hour and cost
burdens resulting from this collection of information. These comments
must be received on or before January 17, 2003.
Tire Manufacturer Phase-In Reporting Requirements--The Department
of Transportation is submitting the following information collection
request to OMB for review and clearance under the Paperwork Reduction
Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: Phase-In Production Reporting Requirements for new pneumatic
tires for use on vehicle with a gross vehicle weight rating of 10,000
pounds or less.
Type of Request: Routine.
OMB Clearance Number: 2127-[XXXX].
Affected Public: The respondents are manufacturers of tires. The
agency estimates that there are slightly over 1,000 such manufacturers.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting from the Collection of Information: NHTSA estimates that the
total annual hour burden is 6048 (6 man hours x 1008) hours.
Estimated Costs: NHTSA estimates that the total cost burden in
dollars to be $0. Manufacturers will not expend any additional
resources to gather annual production information because they already
compile this data for their own uses.
Summary of the Collection of Information: This collection would
require manufacturers of new pneumatic tire to provide tire production
data yearly from September 1, 2004 through September 1, 2006.
Description of the Need for the Information and Proposed Use of the
Information: The purpose of the reporting requirements would be to aid
the National Highway Traffic safety
[[Page 69623]]
Administration in determining whether a manufacturer of tires has
complied with the requirements of this rule during the phase-in of
those requirements. NHTSA requests comments on the agency's estimates
of the total annual hour and cost burdens resulting from this
collection of information. The comments must be received on or before
January 17, 2003.
H. Plain Language
Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
[sbull] Have we organized the material to suit the public's needs?
[sbull] Are the requirements in the rule clearly stated?
[sbull] Does the rule contain technical language or jargon that
isn't clear?
[sbull] Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
[sbull] Would more (but shorter) sections be better?
[sbull] Could we improve clarity by adding tables, lists, or
diagrams?
[sbull] What else could we do to make the rule easier to
understand?
XII. Regulatory Text
List of Subjects in 49 CFR Parts 567, 571, 574, 575, and 597
Imports, Certification, Consumer information, Motor vehicle safety,
Motor vehicles, Rubber and rubber products, and Tires.
In consideration of the foregoing, we amend 49 CFR parts 567, 571,
574, 575 and 597 as follows:
PART 567--CERTIFICATION
1. The authority citation for part 567 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166, 32502,
32504, 33101-33104, 33108, and 33109; delegation of authority at 49
CFR 1.50.
2. Section 567.4 is amended by revising paragraph (h)(2) as
follows:
Sec. 567.4 Requirements for manufacturers of motor vehicles.
* * * * *
(h) * * *
(2) (For multipurpose passenger vehicles, trucks, buses, trailers,
and motorcycles) The manufacturer may, at its option, list more than
one GVWR-GAWR-tire-rim combination on the label as long as the listing
contains the tire-rim combination installed as original equipment on
the vehicle by the vehicle manufacturer and conforms in content and
format to the requirements for the tire-rim-inflation information set
forth in Sec. 571.110, Sec. 571.120, Sec. 571.129 and Sec. 571.139
of this chapter.
* * * * *
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
3. The authority citation for part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 2011, 30115, 30166 and 30177;
delegation of authority at 49 CFR 1.50.
4. Section 571.109 is amended by revising S2 to read as follows:
Sec. 571.109 Standard No. 109; New pneumatic tires.
* * * * *
S2. Application. This standard applies to new pneumatic tires for
use on passenger cars manufactured after 1948. However, it does not
apply to any tire that has been altered so as to render impossible its
use, or its repair for use, as motor vehicle equipment. In addition,
S4.3 does not apply to tires certified to comply with S5.5 of Sec.
571.139 and S4.4. does not apply to tires certified to comply with S4
of Sec. 571.139.
* * * * *
5. Section 571.110 is amended by revising its heading and S2, S4.3,
S4.3.1, and S7.2(a), by adding S4.3.2, S4.3.3, and S4.3.4, and by
adding Figure 1 and Figure 2 at the end of Section 571.110, to read as
follows:
Sec. 571.110 Standard No. 110; Tire selection and rims for motor
vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less.
* * * * *
S2 Application. This standard applies to motor vehicles with a
gross vehicle weight rating (GVWR) of 10,000 pounds or less, except for
motorcycles, and to non-pneumatic spare tire assemblies for use on
those vehicles.
* * * * *
S4.3 Placard. Each vehicle, except for an incomplete vehicle, shall
show the information specified in S4.3 (a) through (g) on a placard
permanently affixed to the driver's side B-pillar. If the vehicle lacks
a B-pillar on the driver's side, the placard shall be permanently
affixed to the edge of the driver's side door. If the vehicle lacks a
driver's side B-pillar and either has a driver's side door whose edge
is too narrow to permit the affixing of the placard or lacks a driver's
side door, the placard shall be affixed to the inward facing surface of
the vehicle next to the driver's seating position. This information
shall be in the English language and conform in color and format, not
including the border surrounding the entire placard, as specified in
the example set forth in Figure 1 in this standard. At the
manufacturer's option, the information specified in S4.3 (c) and (d)
may be shown, alternatively, on a tire inflation pressure label, and
conform in color and format, not including the border surrounding the
entire label, as specified in the example set forth in Figure 2 in this
standard. The label shall be permanently affixed and proximate to the
placard required by this paragraph. The information specified in S4.3
(e) shall be shown on both the vehicle placard and on the tire
inflation pressure label (if such a label is affixed to provide the
information specified in S4.3 (c) and (d)) in the format and color
scheme set forth in Figures 1 and 2.
(a) Vehicle capacity weight expressed as ``The combined weight of
occupants and cargo should never exceed XXX kilograms or XXX pounds'';
(b) Designated seated capacity (expressed in terms of total number
of occupants and number of occupants for each seat location);
(c) Vehicle manufacturer's recommended cold tire inflation
pressure, subject to the limitations of 4.3.4;
(d) Tire size designation, indicated by the headings ``original
tire size'' or ``original size,'' for the tire installed as original
equipment on the vehicle by the vehicle manufacturer;
(e) On the vehicle placard, ``Tire and Loading Information'' and,
on the tire inflation pressure label, ``Tire Information'';
(f) ``See Owner's Manual for Additional Information''; and
(g) For a vehicle equipped with a non-pneumatic assembly, the tire
identification code with which that assembly is labeled pursuant to the
requirements of S4.3(a) of 571.129, New Non-Pneumatic Tires for
Passenger Cars.
S4.3.1 Requirements for vehicles manufactured in two or more
stages. A placard or placard and label shall be affixed to the
completed vehicle by the final-stage manufacturer in accordance with
S4.3 and with the vehicle capacity weight and seating designations as
finally manufactured.
S4.3.2 Requirements for altered vehicles. A new placard or placard
and label shall be affixed, so as to obscure the original placard, to
an altered vehicle that has previously been certified in accordance
with Sec. 567.4 or Sec. 567.5, other than by the addition,
substitution, or removal of readily attachable components such as
mirrors or tire and rim assemblies, or minor
[[Page 69624]]
finishing operations such as painting, or who alters the vehicle in
such a manner that its stated weight ratings are not longer valid,
before the first purchase of the vehicle in good faith for purposes
other than resale, containing accurate information for the altered
vehicle, in accordance with S4.3.
S4.3.3 Additional labeling information for vehicles other than
passenger cars. Each vehicle shall show the size designation and, if
applicable, the type designation of rims (not necessarily those on the
vehicle) appropriate for the tire appropriate for use on that vehicle,
including the tire installed as original equipment on the vehicle by
the vehicle manufacturer, after each GAWR listed on the certification
label required by Sec. 567.4 or Sec. 567.5 of this chapter. This
information shall be in the English language, lettered in block
capitals and numerals not less than 2.4 millimeters high and in the
following format:
Truck Example--Suitable Tire-Rim Choice
GVWR: 2,441 kilograms (5381 pounds).
GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16
tires, 16 x 8.0 rims at 240 kPa (36 psi) cold single.
GAWR: Rear--1,142 kilograms (2,864 pounds) with P265/70R16
tires, 16 x 8.00 rims, at 245 kPa (36 psi) cold single.
S4.3.4 No inflation pressure other than the maximum permissible
inflation pressure may be shown on the placard and, if any, tire
inflation pressure label unless--
(a) It is less than the maximum permissible inflation pressure;
(b) It is appropriate for the load limits as calculated in
accordance with S4.2; and
(c) The tire load rating specified in a submission by an individual
manufacturer, pursuant to S4.1.1(a) of Sec. 571.139 or contained in
one of the publications described in S4.1.1.(b) of Sec. 571.139, for
the tire size at that inflation pressure is not less than the vehicle
maximum load and the vehicle normal load.
* * * * *
S7.2 * * *
(a) A statement indicating the information related to appropriate
use for the non-pneumatic spare tire including at a minimum the
information set forth in S6 (a) and (b) and either the information set
forth in S4.3(g) or a statement that the information set forth in
S4.3(g) is located on the vehicle placard and on the non-pneumatic
tire;
* * * * *
BILLING CODE 4910-59-P
[[Page 69625]]
[GRAPHIC] [TIFF OMITTED] TR18NO02.002
[[Page 69626]]
[GRAPHIC] [TIFF OMITTED] TR18NO02.003
BILLING CODE 4910-59-C?
[[Page 69627]]
6. Section 571.117 is amended by revising S6.3 (including removing
Table 1 and the undesignated paragraph following S6.3(h)) and adding
S7, S7.1, S7.2, and S7.3 to read as follows:
Sec. 571.117 Standard No. 117; Retreaded pneumatic tires.
* * * * *
S6.3 Labeling. Each retreaded tire shall comply, according to the
phase-in schedule specified in S7 of this standard, with the
requirements of S5.5. of Sec. 571.139.
S7. Phase-In Schedule for labeling
S7.1 Tires retreaded on or after September 1, 2004 and before
September 1, 2005. For tires manufactured on or after September 1, 2004
and before September 1, 2005, the number of tires complying with S6.3
of this standard must be equal to not less than 40% of the retreader's
production during that period.
S7.2 Tires retreaded on or after September 1, 2005 and before
September 1, 2006. For tires manufactured on or after September 1, 2005
and before September 1, 2006, the number of tires complying with S6.3
of this standard must be equal to not less than 70% of the retreader's
production during that period.
S7.3 Tires retreaded on or after September 1, 2006. Each tire must
comply with S6.3 of this standard.
7. Section 571.120 is amended by revising its heading, and S3 to
read as follows:
Sec. 571.120 Standard No. 120; Tire selection and rims for motor
vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds).
* * * * *
S3. Application. This standard applies to motor vehicles with a
gross vehicle weight rating (GVWR) of more than 10,000 pounds and
motorcycles, to rims for use on those vehicles, and to non-pneumatic
spare tire assemblies for use on those vehicles.
* * * * *
8. Section 571.129 is amended by revising S4.3 and adding S7, S7.1,
S7.2, and S7.3 to read as follows:
Sec. 571.129 Standard No. 129; New non-pneumatic tires for passenger
cars.
* * * * *
S4. * * *
S4.3. Labeling Requirements. Each new non-pneumatic tire shall
comply, according to the phase-in schedule specified in S7 of this
standard, with the requirements of S5.5 of Sec. 571.139.
* * * * *
S7. Phase-In Schedule for labeling requirements.
S7.1 Tires manufactured on or after September 1, 2004 and before
September 1, 2005. For tires manufactured on or after September 1, 2004
and before September 1, 2005, the number of tires complying with S4.3
of this standard must be equal to not less than 40% of the
manufacturer's production during that period.
S7.2 Tires manufactured on or after September 1, 2005 and before
September 1, 2006. For tires manufactured on or after September 1, 2005
and before September 1, 2006, the number of tires complying with S4.3
of this standard must be equal to not less than 70% of the
manufacturer's production during that period.
S7.3 Tires manufactured on or after September 1, 2006. Each tire
must comply with S6.3 of this standard.
* * * * *
9. Section 571.139 is added to read as follows:
Sec. 571.139 Standard No. 139; New pneumatic tires for light
vehicles.
S1. Scope and purpose. This standard specifies tire dimensions,
test requirements, labeling requirements, and defines tire load
ratings.
S2. Application. This standard applies to new pneumatic tires for
use on motor vehicles (other than motorcycles and low speed vehicles)
that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less
and that were manufactured after 1975.
S3. Definitions.
Intended outboard sidewall means:
(1) The sidewall that contains a whitewall, bears white lettering
or bears manufacturer, brand, and/or model name molding that is higher
or deeper than the same molding on the other sidewall of the tire, or
(2) The outward facing sidewall of an asymmetrical tire that has a
particular side that must always face outward when mounted on a
vehicle.
S4. Tire and rim matching information.
S4.1. Each manufacturer of tires must ensure that a listing of the
rims that may be used with each tire that it produces is provided to
the public in accordance with S4.1.1 and S4.1.2.
S4.1.1 Each rim listing for a tire must include dimensional
specifications and a diagram of the rim and must be in one of the
following forms:
(a) Listed by manufacturer name or brand name in a document
furnished to dealers of the manufacturer's tires, to any person upon
request, and in duplicate to: Docket Section, National Highway Traffic
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590;
or
(b) Contained in publications, current at the date of manufacture
of the tire or any later date, of at least one of the following
organizations:
(1) The Tire and Rim Association.
(2) The European Tyre and Rim Technical Organization.
(3) Japan Automobile Tire Manufacturers' Association, Inc.
(4) Tyre & Rim Association of Australia.
(5) Associacao Latino Americana de Pneus e Aros (Brazil).
(6) South African Bureau of Standards.
S4.1.2 A listing compiled in accordance with paragraph (a) of
S4.1.1 need not include dimensional specifications or a diagram of a
rim whose dimensional specifications and diagram are contained in a
listing published in accordance with paragraph (b) of S4.1.1.
S4.2. Information contained in a publication specified in S4.1.1(b)
that lists general categories of tires and rims by size designation,
type of construction, and/or intended use, is considered to be
manufacturer's information required by S4.1 for the listed tires,
unless the publication itself or specific information provided
according to S4.1(a) indicates otherwise.
S5. General requirements. [Reserved]
S5.5 Tire Markings. Except as specified in paragraphs (a) through
(h) of S5.5, each tire must be marked on each sidewall with the
information specified in S5.5 (a) through (d) and on one sidewall with
the information specified in S5.5 (e) through (h) according to the
phase-in schedule specified in S7 of this standard. The markings must
be placed between the maximum section width and the bead on at least
one sidewall, unless the maximum section width of the tire is located
in an area that is not more than one-fourth of the distance from the
bead to the shoulder of the tire. If the maximum section width falls
within that area, those markings must appear between the bead and a
point one-half the distance from the bead to the shoulder of the tire,
on at least one sidewall. The markings must be in letters and numerals
not less than 0.078 inches high and raised above or sunk below the tire
surface not less than 0.015 inch. The tire identification and DOT
symbol labeling must comply with part 574 of this chapter.
(a) The symbol DOT, which constitutes a certification that the tire
conforms to applicable Federal motor vehicle safety standards;
(b) The tire size designation as listed in the documents and
publications specified in S4.1.1;
[[Page 69628]]
(c) The maximum permissible inflation pressure, subject to the
limitations of S5.5.4 through S5.5.6;
(d) The maximum load rating;
(e) The generic name of each cord material used in the plies (both
sidewall and tread area) of the tire;
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different;
(g) The term ``tubeless'' or ``tube type,'' as applicable; and
(h) The word ``radial,'' if the tire is a radial ply tire.
S5.5.1 Each tire must be labeled with the tire identification
number required by 49 CFR part 574 on the intended outboard sidewall of
the tire. Either the tire identification number or a partial tire
identification number, containing all characters in the tire
identification number, except for the date code, must be labeled on the
other sidewall of the tire. If a tire does not have an intended
outboard sidewall, the tire must be labeled with the tire
identification number required by 49 CFR part 574 on one sidewall and
with either the tire identification number or a partial tire
identification number, containing all characters in the tire
identification number except for the date code, on the other sidewall.
S5.5.2 [Reserved]
S5.5.3 Each tire must be labeled with the name of the manufacturer,
or brand name and number assigned to the manufacturer in the manner
specified in 49 CFR part 574.
S5.5.4 If the maximum inflation pressure of a tire is 240, 280,
290, 300, 330, 340, 350 or 390 kPa, then:
(a) Each marking of that inflation pressure pursuant to S5.5(c)
must be followed in parenthesis by the equivalent psi, rounded to the
next higher whole number; and
(b) Each marking of the tire's maximum load rating pursuant to
S5.5(d) in kilograms must be followed in parenthesis by the equivalent
load rating in pounds, rounded to the nearest whole number.
S5.5.5 If the maximum inflation pressure of a tire is 420 kPa (60
psi), the tire must have permanently molded into or onto both
sidewalls, in letters and numerals not less than \1/2\ inch high, the
words ``Inflate to 60 psi'' or ``Inflate to 420 kPa (60 psi).'' On both
sidewalls, the words must be positioned in an area between the tire
shoulder and the bead of the tire. However, the words must be also
positioned on the tire so that they are not obstructed by the flange of
any rim designated for use with that tire in this standard or in
Standard No. 110 (Sec. 571.110 of this part).
S5.5.6 For LT tires, the maximum permissible inflation pressure
shown must be the inflation pressure that corresponds to the maximum
load of the tire for the tire size as specified in one of the
publications described in S4.1.1.(b) of Sec. 571.139. At the
manufacturer's option, the shown inflation pressure may be as much as
10 psi (69 kPa) greater than the inflation pressure corresponding to
the specified maximum load.
S6. Test procedures, conditions and performance requirements.
[Reserved]
S7. Phase-in schedule for tire markings.
S7.1 Tires manufactured on or after September 1, 2004 and before
September 1, 2005. For tires manufactured on or after September 1, 2004
and before September 1, 2005, the number of tires complying with S4 and
S5.5 of this standard must be equal to not less than 40% of the
manufacturer's production during that period.
S7.2 Tires manufactured on or after September 1, 2005 and before
September 1, 2006. For tires manufactured on or after September 1, 2005
and before September 1, 2006, the number of tires complying with S4 and
S5.5 of this standard must be equal to not less than 70% of the
manufacturer's production during that period.
S7.3 Tires manufactured on or after September 1, 2006. Each tire
must comply with S6.3 of this standard.
PART 574--TIRE IDENTIFICATION AND RECORDKEEPING
10. The authority citation for 49 CFR part 574 continues to read as
follows:
Authority: 15 U.S.C. 1392, 1401, 1403, 1407, 1411-1420, 1421;
delegation of authority at CFR 1.50.
11. Section 574.5 is amended by revising paragraph (d), and Figures
1 and 2 to read as follows:
Sec. 574.5 Tire identification requirements.
* * * * *
(d) Fourth grouping. For tires produced or retreaded according to
the phase-in schedules specified in S7 of Sec. Sec. 571.117, 571.129,
571.139 of this chapter, the fourth grouping, consisting of four
numerical symbols, must identify the week and year of manufacture. The
first two symbols must identify the week of the year by using ``01''
for the first full calendar week in each year, ``02'' for the second
full calendar week, and so on. The calendar week runs from Sunday
through the following Saturday. The final week of each year may include
not more than 6 days of the following year. The third and fourth
symbols must identify the year. Example: 0101 means the 1st week of
2001, or the week beginning Sunday, January 7, 2001, and ending
Saturday, January 13, 2001. The symbols signifying the date of
manufacture shall immediately follow the optional descriptive code
(paragraph (c) of this section). If no optional descriptive code is
used, the symbols signifying the date of manufacture must be placed in
the area shown in Figures 1 and 2 of this section for the optional
descriptive code.
BILLING CODE 4910-59-P
[[Page 69629]]
[GRAPHIC] [TIFF OMITTED] TR18NO02.004
[[Page 69630]]
[GRAPHIC] [TIFF OMITTED] TR18NO02.005
BILLING CODE 4910-59-C
[[Page 69631]]
* * * * *
PART 575--CONSUMER INFORMATION REGULATIONS
12. The authority citation for part 575 continues to read as
follows:
Authority: 15 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at CFR 1.50.
13. Section 575.6 is amended by adding paragraphs (a)(4) and (a)(5)
to read as follows:
Sec. 575.6 Requirements.
* * * * *
(a) * * *
(4) When a motor vehicle that has a GVWR of 10,000 pounds or less,
except a motorcycle or low speed vehicle, and that is manufactured on
or after September 1, 2003, is delivered to the first purchaser for
purposes other than resale, the manufacturer shall provide to the
purchaser, in writing in the English language and not less than 10
point type, a discussion of the items specified in paragraphs (a)(4)
(i) through (v) of this section in the owner's manual, or, if there is
no owner's manual, in a document.
(i) Tire labeling, including a description and explanation of each
marking on the tires provided with the vehicle, and information about
the location of the Tire Identification Number (TIN);
(ii) Recommended tire inflation pressure, including a description
and explanation of:
(A) Recommended cold tire inflation pressure,
(B) The vehicle placard and tire inflation pressure label specified
in Federal Motor Vehicle Safety Standard No. 110 and their location in
the vehicle,
(C) Adverse safety consequences of underinflation (including tire
failure), and
(D) Measuring and adjusting air pressure to achieve proper
inflation;
(iii) Glossary of tire terminology, including ``cold tire
pressure,'' ``maximum inflation pressure,'' and ``recommended inflation
pressure,'' and all non-technical terms defined in S3 of FMVSS Nos. 110
& 139;
(iv) Tire care, including maintenance and safety practices;
(v) Vehicle load limits, including a description and explanation
of:
(A) Locating and understanding load limit information, total load
capacity, seating capacity, towing capacity, and cargo capacity,
(B) Calculating total and cargo load capacities with varying
seating configurations including quantitative examples showing/
illustrating how the vehicle's cargo and luggage capacity decreases as
the combined number and size of occupants increases,
(C) Determining compatibility of tire and vehicle load
capabilities,
(D) Adverse safety consequences of overloading on handling and
stopping and on tires.
(5) When a motor vehicle that has a GVWR of 10,000 pounds or less,
except a motorcycle or low speed vehicle, and that is manufactured on
or after September 1, 2003, is delivered to the first purchaser for
purposes other than resale, the manufacturer shall provide to the
purchaser, in writing in the English language and not less than 10
point type, the following verbatim statement in the owner's manual, or,
if there is no owner's manual, in a document:
Steps for Determining Correct Load Limit--
(1) Locate the statement ``The combined weight of occupants and
cargo should never exceed XXX pounds'' on your vehicle's placard.
(2) Determine the combined weight of the driver and passengers
that will be riding in your vehicle.
(3) Subtract the combined weight of the driver and passengers
from XXX kilograms or XXX pounds.
(4) The resulting figure equals the available amount of cargo
and luggage load capacity. For example, if the ``XXX'' amount equals
1400 lbs. and there will be five 150 lb. passengers in your vehicle,
the amount of available cargo and luggage load capacity is 650 lbs.
(1400-750 (5 x 150) = 650 lbs.)
(5) Determine the combined weight of luggage and cargo being
loaded on the vehicle. That weight may not safely exceed the
available cargo and luggage load capacity calculated in Step 4.
(6) If your vehicle will be towing a trailer, load from your
trailer will be transferred to your vehicle. Consult this manual to
determine how this reduces the available cargo and luggage load
capacity of your vehicle.
14. Part 597 is added to read as follows:
PART 597--TIRES FOR MOTOR VEHICLES WITH A GVWR OF 10,000 POUNDS OR
LESS PHASE-IN REPORTING REQUIREMENTS
Sec.
597.1 Scope.
597.2 Purpose.
597.3 Applicability.
597.4 Definitions.
597.5 Response to inquiries.
597.6 Reporting requirements.
597.7 Records.
597.8 Petition to extend period to file report.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 597.1 Scope.
This part establishes requirements for manufacturers of new
pneumatic tires for motor vehicles with a gross vehicle weight rating
of 10,000 pounds or less to submit reports, and maintain records
related to the reports, concerning the number of such tires that meet
the requirements of Standard No. 139, New Pneumatic Tires for Light
Vehicles (49 CFR 571.139).
Sec. 597.2 Purpose.
The purpose of these reporting requirements in this part is to
assist the National Highway Traffic Safety Administration in
determining whether a manufacturer has complied with Standard No. 139
(49 CFR 571.139).
Sec. 597.3 Applicability.
This part applies to manufacturers of tires for motor vehicles with
a gross vehicle weight rating of 10,000 pounds or less.
Sec. 597.4 Definitions.
(a) All terms defined in 49 U.S.C. 30102 are used in their
statutory meaning.
(b) ``Motor vehicle'' and ``gross vehicle weight rating'' are used
as defined in 49 CFR 571.3.
(c) ``Production year'' means the 12-month period between September
1 of one year and August 31 of the following year, inclusive.
Sec. 597.5 Response to inquiries.
Each manufacturer shall, upon request from the Office of Vehicle
Safety Compliance, provide information identifying the tires (by make,
model, brand and tire identification number) that have been certified
as complying with Standard No. 139 (49 CFR 571.139). The manufacturer's
designation of a tire as a certified tire is irrevocable.
Sec. 597.6 Reporting requirements.
(a) General reporting requirements. Within 60 days after the end of
the production years ending August 31, 2005 and August 31, 2006, each
manufacturer shall submit a report to the National Highway Traffic
Safety Administration concerning its compliance with Standard No. 139
(49 CFR 571.139) for its tires produced in that year for motor vehicles
with a GVWR of 10,000 pounds or less. Each report shall--
(1) Identify the manufacturer;
(2) State the full name, title, and address of the official
responsible for preparing the report;
(3) Identify the production year being reported on;
[[Page 69632]]
(4) Contain a statement regarding whether or not the manufacturer
complied with Standard No. 139 (49 CFR 571.139) for the period covered
by the report and the basis for that statement;
(5) Provide the information specified in paragraph (b) of this
section;
(6) Be written in the English language; and
(7) Be submitted to: Administrator, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590.
(b) Report Content--(1) Basis for phase-in production goals. Each
manufacturer shall provide the number of tires for motor vehicles with
a gross vehicle weight rating of 10,000 pounds or less manufactured for
sale in the United States for each of the three previous production
years, or, at the manufacturer's option, for the production year for
which the report is filed. A new manufacturer that has not previously
manufactured these tires for sale in the United States shall report the
number of such tires manufactured during the current production year.
(2) Production. Each manufacturer shall report for the production
year for which the report is filed: the number of new pneumatic tires
for motor vehicles with a GVWR of 10,000 pounds or less that meet
Standard No. 139 (49 CFR 571.139).
Sec. 597.7 Records.
Each manufacturer must maintain records of the tire identification
number for each tire for which information is reported under 49 CFR
590.6(b)(2) until December 31, 2007.
Sec. 597.8 Petition to extend period to file report.
A manufacturer may petition for extension of time to submit a
report under this part. A petition will be granted only if the
petitioner shows good cause for the extension and if the extension is
consistent with the public interest. The petition must be received not
later than 15 days before expiration of the time stated in Sec.
597.6(a). The filing of a petition does not automatically extend the
time for filing a report. The petition must be submitted to:
Administrator, National Highway Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC 20590.
Issued: November 6, 2002.
Jeffrey W. Runge,
Administrator.
[FR Doc. 02-28682 Filed 11-15-02; 8:45 am]
BILLING CODE 4910-59-P