X.   Rulemaking Analyses and Notices


    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 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:

    This final rule is economically significant. Accordingly, it was reviewed under Executive Order 12866. The rule is also significant within the meaning of the Department of Transportation's Regulatory Policies and Procedures. The agency has estimated that, under the first compliance option, compliance with this rule will cost $771 million per year, and under the second compliance option, compliance with this rule will cost $533 million, since approximately 16 million vehicles are produced for the United States market each year. Thus, this rule will have greater than a $100 million effect.

    Because this rule is significant, the agency has prepared a Final Economic Assessment (FEA). The Assessment is summarized above in section VIII., "Benefits," and section IX., "Costs." The FEA is available in the docket and has been placed on the agency's website along with the final rule itself.


    B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). The Small Business Administration's regulations at 13 CFR Part 121 define a small business, in part, as a business entity "which operates primarily within the United States." (13 CFR 121.105(a)). No regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities.

    NHTSA has considered the effects of this final rule under the Regulatory Flexibility Act. I certify that this final rule will not have a significant economic impact on a substantial number of small entities. The rationale for this certification is that currently there are only four small motor vehicle manufacturers (i.e., only four with fewer than 1,000 employees) in the United States that will have to comply with this final rule. These manufacturers will have to rely on suppliers to provide the TPMS hardware, and then they will have to integrate the TPMS into their vehicles.

    There are a few small manufacturers that manufacture recreational vehicles that will have to comply with this final rule. However, most of these manufacturers use van chassis supplied by the larger manufacturers, e.g., GM, Ford, or DaimlerChrysler, and could use the TPMSs supplied with the chassis. These manufacturers should not have to test the TPMS for compliance with this final rule since they should be able to rely upon the chassis manufacturer's incomplete vehicle documentation.

    The agency has eliminated the most significant potential impact on small businesses by deciding not to require TPMSs to function when the vehicle's original rims are replaced with aftermarket wheels and rims that are not identical to the original wheels and rims.


    C. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the National Environmental Policy Act. The agency has determined that implementation of this rule will not have any significant impact on the quality of the human environment.


    D. Executive Order 13132 (Federalism)

    Executive Order 13132 requires NHTSA to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local officials early in the process of developing the regulation. NHTSA also may not issue a regulation with Federalism implications and that preempts State law unless the agency consults with State and local officials early in the process of developing the regulation.

    The agency has analyzed this final rule in accordance with the principles and criteria set forth in Executive Order 13132 and has determined that it will not have sufficient federalism 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 effects on the States, or on the current Federal-State relationship, or on the current distribution of power and responsibilities among the various local officials. While the agency is providing compliance options, it is not seeking to give each of those options pre-emptive effect.


    E. Civil Justice Reform

    This final rule will not have any retroactive effect. Under 49 U.S.C. 30103, 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. 30161 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.


    F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. The Department of Transportation is submitting the following information collection request to OMB for review and clearance under the PRA.

    Agency: National Highway Traffic Safety Administration (NHTSA).

    Title: Phase-In Production Reporting Requirements for Tire Pressure Monitoring Systems.

    Type of Request: Routine.

    OMB Clearance Number: 2127-New.

    Form Number: This collection of information will not use any standard forms.

    Affected Public: The respondents are manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses having a gross vehicle weight rating of 10,000 pounds or less. The agency estimates that there are about 21 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 42 hours.

    Estimated Costs: NHTSA estimates that the total annual cost burden, in U.S. dollars, will be $0. No additional resources will be expended by vehicle manufacturers to gather annual production information because they already compile this data for their own uses.

    Summary of Collection of Information: This collection will require manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 10,000 pounds or less, except those vehicles with dual wheels on an axle, to provide motor vehicle production data for the following three years: November 1, 2003 to October 31, 2004; November 1, 2004 to October 31, 2005; and November 1, 2005 to October 31, 2006.

    Description of the Need for the Information and the Proposed Use of the Information: The purpose of the reporting requirements will be to aid NHTSA in determining whether a manufacturer has complied with the requirements of Federal Motor Vehicle Safety Standard No. 138, Tire pressure monitoring systems, 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. These comments must be received on or before [date that is 60 days after the date of publication].


    G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) directs NHTSA to use voluntary consensus standards in its regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies, such as the Society of Automotive Engineers (SAE). The NTTAA directs NHTSA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards. The NTTAA does not apply to symbols.

    There are no voluntary consensus standards available at this time. However, NHTSA will consider any such standards when they become available.


    H. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal 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 in any one year (adjusted for inflation with base year of 1995). Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires NHTSA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows NHTSA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the agency publishes with the final rule an explanation why that alternative was not adopted.

    This final rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, of more than $100 million annually, but it will result in the expenditure of that magnitude by vehicle manufacturers and/or their suppliers. In the NPRM, the agency requested comments on two alternatives for achieving the purposes of the TREAD Act mandate. In the final rule, the agency has chosen two compliance options that will provide the manufacturers with broad flexibility to minimize their costs of compliance with the Standard during the phase-in period.


    I. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda.

    List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Reporting and recordkeeping requirements, Tires.

    In consideration of the foregoing, NHTSA is amending 49 CFR part 571 as follows:

    PART 571 - FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50.

    2. In section 571.101, paragraph S5.2.3 and Table 2 are revised to read as follows:

    ' 571.101 Standard No. 101; Controls and displays.

    *   *   *   *   *

    S5.2.3 Except for the Low Tire Pressure Telltale (that does not identify which tire has low pressure), any display located within the passenger compartment and listed in column 1 of Table 2 that has a symbol designated in column 4 of that table shall be identified by either the symbol designated in column 4 (or symbol substantially similar in form to that shown in column 4) or the word or abbreviation shown in column 3. The Low Tire Pressure Telltale (that does not identify which tire has low tire pressure) shall be identified by either the symbol designated in column 4, or the symbol and the words designated in column 4 and column 3, respectively. Additional words or symbols may be used at the manufacturer's discretion for the purpose of clarity. Any telltales used in conjunction with a gauge need not be identified. The identification required or permitted by this section shall be placed on or adjacent to the display that it identifies. The identification of any display shall, under the conditions of S6, be visible to the driver and appear to the driver perceptually upright.


Table 2

Identification and Illustration of Displays

Column 1 Column 2 Column 3 Column 4 Column 5
Display Telltale Color Identifying Words or Abbreviation Identifying Symbol Illumination
Turn Signal Telltale Green Also see FMVSS 108 Image of the Turn Signal Telltale 1,5 ____________
Hazard Warning Telltale   Also see FMVSS 108 Image of the Hazard Warning Telltale 2, 5 ____________

Seat Belt Telltale

_________4

Fasten Belts or Fasten Seat Belts Also see FMVSS 208

Image of the Seat Belt Telltale or Image of the Seat Belt Telltale

____________

Fuel Level
Telltale
---------------------
Gauge



---------------------
____________
Fuel Image of the Fuel Level or Image of the Fuel Level ____________

---------------------
Yes

Oil Pressure
Telltale
---------------------
Gauge



---------------------
____________
Oil Oil Pressure ____________

---------------------
Yes

Coolant Temperature
Telltale
---------------------
Gauge


---------------------
____________
Temp Image of the Coolant Temperature ____________

---------------------
Yes

Electrical Charge
Telltale
---------------------
Gauge


---------------------
____________
Volts, Charge or Amp Image of the Electrical Charge ____________

---------------------
Yes

Highbeam Telltale Blue or Green 3 Also see FMVSS 108 Image of the Highbeam Telltale 5 ____________

  1. The pair of arrows is a single symbol. When the indicator for left and right turn operate independently, however, the two arrows will be considered separate symbols and may be spaced accordingly.
  2. Not required when arrows of turn signal tell-tales that otherwise operate independently flash simultaneously as hazard warning tell-tale.
  3. Red can be red-orange. Blue can be blue-green.
  4. The color of the telltale required by S4.5.3.3 of Standard No. 208 is red; the color of the telltale required by S7.3 of Standard No. 208 is not specified.
  5. Framed areas may be filled.



  6. Table 2 (continued)

    Column 1 Column 2 Column 3 Column 4 Column 5
    Display Telltale Color Identifying Words or Abbreviation Identifying Symbol Illumination
    Brake System 8 Red 3 Brake, Also see FMVSS 105 and 135 ____________ ____________
    Malfunction in Anti-lock or

    ---------------------
    Variable Brake Proportioning System 8
    Yellow


    ---------------------
    Yellow
    Antilock, Anti-lock or ABS. Also see FMVSS 105 and 135
    ---------------------
    Brake Proportioning, Also see FMVSS 135
    ____________


    ---------------------
    ____________
    ____________


    ---------------------
    ____________
    Parking Brake Applied 8 Red 3 Park or Parking Brake, Also see FMVSS 105 and 135 ____________ ____________
    Malfunction in Anti-lock Yellow ABS, or Antilock; Trailer ABS, or Trailer Antilock, Also see FMVSS 121 ____________ ____________
    Brake Air Pressure Position
    Telltale
    ____________ Brake Air, Also see FMVSS 121 ____________ ____________
    Speedometer ____________ MPH, or MPH and km/h 7 ____________ Yes
    Odometer ____________ ____________ 6 ____________ ____________
    Automatic Gear Position ____________ Also see FMVSS 102 ____________ Yes
    Low Tire Pressure Telltale (that does not identify which tire has low pressure) Yellow Low Tire. Also see FMVSS 138 Image of the Low Tire Pressure Telltale(that does not identify which tire has low pressure)

    ____________

    Low Tire Pressure Telltale (that identifies which tire has low pressure) Yellow Low Tire. Also see FMVSS 138 Image of the Low Tire Pressure Telltale (that identifies which tire has low pressure)

    ____________


  7. If the odometer indicates kilometers, then "KILOMETERS" or "km" shall appear, otherwise, no identification is required.
  8. If the speedometer is graduated in miles per hour and in kilometers per hour, the identifying words or abbreviations shall be "MPH and km/h" in any combination of upper or lower case letters.
  9. In the case where a single telltale indicates more than one brake system condition, the word for Brake System shall be used.


    3. Section 571.138 is added to read as follows:

    ' 571.138 Standard No. 138; Tire pressure monitoring systems.

    S1. Purpose and scope. This standard specifies performance requirements for tire pressure monitoring systems to prevent significant under-inflation of tires and the resulting safety problems.

    S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses that have a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle, according to the phase-in schedule specified in S7 of this standard.

    S3. Definitions. The following definitions apply to this standard:

    Lightly loaded vehicle weight means unloaded vehicle weight plus the weight of a mass of 180 kg (396 pounds), including test driver and instrumentation.

    Tire pressure monitoring system means a system that detects when one or more of a vehicle's tires are under-inflated and illuminates a low tire pressure warning telltale.

    S4. Requirements.

    S4.1 General. To the extent provided in S7.1 through S7.3, each vehicle must be equipped with a tire pressure monitoring system that meets the requirements specified in S4 under the test procedures specified in S6 of this standard. Prior to November 1, 2006, each tire pressure monitoring system must conform, at the manufacturer's option, to either S4.2.1 or S4.2.2 of this standard. The manufacturer must select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle.

    S4.2 Tire pressure monitoring systems: vehicles manufactured after October 31, 2003 and before November 1, 2006.

    S4.2.1 Option 1: Four tires; 25 percent under-inflation. The tire pressure monitoring system must:

    S4.2.2 Option 2: One tire; 30 percent under-inflation. The tire pressure monitoring system must:

    S4.3 Low tire pressure warning telltale.

    S4.3.1 Each tire pressure monitoring system must include a low tire pressure warning telltale that:

    S4.3.2 In the case of a telltale that identifies which tire(s) is (are) under-inflated, each tire in the symbol for that telltale must illuminate when the tire it represents is under-inflated to the extent specified in either S4.2.1 or S4.2.2.

    S4.3.3

    S4.4 Replacement tires. Each tire pressure monitoring system must continue to meet the requirements of this standard when the vehicle's original tires are replaced with tires of any optional or replacement size(s) recommended for the vehicle by the vehicle manufacturer.

    S4.5 Written instructions.

    S4.5.1 Vehicles certified to Option 1: Four tires; 25 percent under-inflation. The owner's manual in each vehicle certified as complying with S4.2.1 must provide an image of the Low Tire Pressure Telltale symbol with the following statement, in English: "When the tire pressure monitoring system warning light is lit, one or more of your tires is significantly under-inflated. You should stop and check your tires as soon as possible, and inflate them to the proper pressure as indicated on the vehicle's tire information placard. Driving on a significantly under-inflated tire causes the tire to overheat and can lead to tire failure. Under-inflation also reduces fuel efficiency and tire tread life, and may affect the vehicle's handling and stopping ability. Each tire, including the spare, should be checked monthly when cold and set to the recommended inflation pressure as specified in the vehicle placard and owner's manual." Each vehicle manufacturer may, at its discretion, provide additional information about the significance of the low tire pressure warning telltale illuminating, description of corrective action to be undertaken, whether the tire pressure monitoring system functions with the vehicle's spare tire, and how to use the reset button, if one is provided.

    S4.5.2 Vehicles manufactured after October 31, 2003 and before November 1, 2006, and certified to Option 2: One tire; 30 percent under-inflation. The owner's manual in each vehicle certified as complying with S4.2.2 must comply with S4.5.1 and provide the following statement, in English:

    "Note: The tire pressure monitoring system on your vehicle will warn you when one of your tires is significantly under-inflated and when some combinations of your tires are significantly under-inflated. However, there are other combinations of significantly under-inflated tires for which your tire pressure monitoring system may not warn you. These other combinations are relatively common, accounting for approximately half the instances in which vehicles have significantly under-inflated tires. For example, your system may not warn you when both tires on the same side or on the same axle of your vehicle are significantly under-inflated. It is particularly important, therefore, for you to check the tire pressure in all of your tires regularly and maintain proper pressure."

    S5. Test conditions.

    S5.1 Ambient temperature. The ambient temperature is between 0C (32F) and 40C (104F).

    S5.2 Road test surface. Road tests are conducted on a dry, smooth roadway.

    S5.3 Vehicle conditions.

    S5.3.1 Test weight. The vehicle is tested at its lightly loaded vehicle weight and at its gross vehicle weight rating without exceeding any of its gross axle weight ratings.

    S5.3.2 Vehicle speed. The vehicle is tested at a speed between 50 km/h (31.1 mph) and 100 km/h (62.2 mph).

    S6. Test Procedures.

    S7. Phase-In Schedule.

    S7.1 Vehicles manufactured on or after November 1, 2003, and before November 1, 2004. For vehicles manufactured on or after November 1, 2003, and before November 1, 2004, the number of vehicles complying with this standard must not be less than 10 percent of:

    S7.2 Vehicles manufactured on or after November 1, 2004, and before November 1, 2005. For vehicles manufactured on or after November 1, 2004, and before November 1, 2005, the number of vehicles complying with this standard must not be less than 35 percent of:

    S7.3 Vehicles manufactured on or after November 1, 2005, and before November 1, 2006. For vehicles manufactured on or after November 1, 2005, and before November 1, 2006, the number of vehicles complying with this standard must not be less than 65 percent of:

    S7.4 Calculation of complying vehicles.

    S7.5 Vehicles produced by more than one manufacturer.

    S7.5.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S7.1 through S7.3, a vehicle produced by more than one manufacturer must be attributed to a single manufacturer as follows, subject to 7.5.2:

    S7.5.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR Part 590, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S7.5.1.

    S7.6 Small volume manufacturers. Vehicles manufactured during any of the three years of the November 1, 2003 to October 31, 2006 phase-in by a manufacturer that produces fewer than 5,000 vehicles worldwide during that year are not required to comply with the standard.

    Tables to ' 571.138


Table 1 - Low Tire Pressure Warning Telltale - Minimum Activation Pressure

Tire Type Maximum or Rated Inflation Pressure Minimum Activation Pressure
(kPa) (psi) (kPa) (psi)
P-metric -- Standard Load 240,
300, or
350
35,
44, or
51
140
140
140
20
20
20
P-metric - Extra Load 280 or
340
41 or
49
160
160
23
23
Load Range C 350 51 200 29
Load Range D 450 65 260 38
Load Range E 550 80 320 46


    4. Part 590 is revised to read as follows:

    PART 590 -- TIRE PRESSURE MONITORING SYSTEM PHASE-IN REPORTING REQUIREMENTS

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50.

    590.1 Scope.

    This part establishes requirements for manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle, to submit a report, and maintain records related to the report, concerning the number of such vehicles that meet the requirements of Standard No. 138, Tire pressure monitoring systems (49 CFR 571.138).

    590.2 Purpose.

    The purpose of these reporting requirements is to assist the National Highway Traffic Safety Administration in determining whether a manufacturer has complied with Standard No. 138 (49 CFR 571.138).

    590.3 Applicability.

    This part applies to manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle.

    590.4 Definitions.

    590.5 Response to inquiries.

    At any time during the production years ending October 31, 2004, October 31, 2005, and October 31, 2006, each manufacturer must, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model, and vehicle identification number) that have been certified as complying with Standard No. 138. The manufacturer's designation of a vehicle as a certified vehicle is irrevocable.

    590.6 Reporting requirements.

    590.7 Records.

    Each manufacturer must maintain records of the Vehicle Identification Number for each vehicle for which information is reported under 590.6(b)(2) until December 31, 2008.

    590.8 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 590.6(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, S.W., Washington, D.C. 20590.



    Issued:
     
     



    ______________________
    Jeffrey W. Runge, M.D.
    Administrator



    Billing Code: 4910-59-P

    [Signature page for RIN 2127-AI33]
    [Final Rule for Tire Pressure Monitoring Systems]