[Federal Register: March 5, 2002 (Volume 67, Number 43)]
[Proposed Rules]               
[Page 10049-10085]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr02-18]                         


[[Page 10049]]

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Part II

Department of Transportation


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National Highway Traffic Safety Administration



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49 CFR Part 571



Federal Motor Vehicle Safety Standards; Tires; Proposed Rule


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-00-8011]
RIN 2127-AI54

 
Federal Motor Vehicle Safety Standards; Tires

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Transportation Recall Enhancement, Accountability, and 
Documentation Act of 2000 mandates a rulemaking proceeding to revise 
and update our safety performance requirements for tires. In response, 
this document proposes to establish new and more stringent tire 
performance requirements in a new Federal motor vehicle safety standard 
that would apply to all new tires for use on vehicles with a gross 
vehicle weight rating of 10,000 pounds or less. The agency recently 
proposed to establish a new tire standard, Standard No. 139, in a 
December 2001 NPRM on tire safety information. Today's document 
proposes to include the new tire performance requirements in that 
standard.
    This document seeks comments on the proposed new standard, 
including its applicability and test procedures, modifications to 
related existing standards, and lead time provided for manufacturers to 
achieve compliance. It also seeks comments on the possible future 
specification of shearography analysis, a technique which evaluates the 
condition of a tire using laser technology. Finally, it seeks comments 
on NHTSA's research plans.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than May 6, 2002.

ADDRESSES: You may submit your comments in writing to: Docket 
Management, Room PL-401, 400 Seventh Street, SW., Washington, DC, 
20590. Alternatively, you may submit your comments electronically by 
logging onto the Docket Management System website at http://
dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to view 
instructions for filing your comments electronically. Regardless of how 
you submit your comments, you should mention the docket number of this 
document.

FOR FURTHER INFORMATION CONTACT: For technical and policy issues: Mr. 
George Soodoo or Mr. Joseph Scott, Office of Crash Avoidance Standards, 
National Highway Traffic Safety Administration, 400 Seventh Street, 
SW., Washington, DC 20590. Telephone: (202) 366-2720. Fax: (202) 366-
4329.
    For legal issues: Nancy Bell, Attorney Advisor, Office of the Chief 
Counsel, NCC-20, National Highway Traffic Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590. Telephone: (202) 366-2992. 
Fax: (202) 366-3820.

SUPPLEMENTARY INFORMATION: You may read the materials placed in the 
docket for this document (e.g., the comments submitted in response to 
this document by other interested persons) by going to the street 
address given above under ADDRESSES. The hours of the Docket Management 
System (DMS) are indicated above in the same location.
    You may also read the materials on the Internet. To do so, take the 
following steps:
    (1) Go to the Web page of the Department of Transportation DMS 
(http://dms.dot.gov/).
    (2) On that page, click on ``search'' near the top of the page or 
scroll down to the words ``Search the DMS Web'' and click on them.
    (3) On the next page (http://dms.dot.gov/search/), scroll down to 
``Docket Number'' and type in the four-digit docket number (8011) shown 
in the title at the beginning of this document. After typing the docket 
number, click on ``search.''
    (4) On the next page (``Docket Summary Information''), which 
contains docket summary information for the materials in the docket you 
selected, scroll down to ``search results'' and click on the desired 
materials. You may download the materials.

Table of Contents

I. Executive Summary and Overview
II. Background
III. Existing Tire Standards--Performance Requirements
IV. Current Safety Problem--Outdated Performance Requirements
    A. Transition From Bias Ply to Radial Tires
    B. Safety Problems Associated with Tires
    1. Population of Tire Related Crashes
    2. Geographical and Seasonal Effects
    3. Tire Problems by Tire Type and Light Truck Type
    4. Crashes Indirectly Caused by Tire Problems
    C. Implications of Changes in U.S. Light Vehicle Market
V. Agency Response to Safety Problem
    A. Relationship Between TREAD Act and Tire Harmonization
    B. Submissions to NHTSA Tire Upgrade Docket (Docket No. NHTSA-
2000-8011)
    1. Rubber Manufacturers Association December 2000 Testing 
Protocol
    A. Passenger Tires--High Speed Test
    B. Passenger Tires--Endurance Test
    C. Light Truck Tires--High Speed
    D. Light Truck Tires--Endurance Test
    2. Other Substantive Submissions
    C. NHTSA Tire Testing at Standards Testing Lab
    1. High Speed Testing
    2. Endurance Testing
    3. Low Inflation Pressure Testing
    4. Conclusions From Testing Results
VI. Agency Proposal
    A. Summary of Proposal
    B. Application of the New Standard
    C. Proposed Test Procedures
    1. High Speed Test
    a. Ambient Temperature
    b. Load
    c. Inflation Pressure
    d. Speed
    e. Duration
    2. Endurance Test
    a. Ambient Temperature
    b. Load
    c. Inflation Pressure
    d. Speed
    e. Duration
    3. Low Inflation Pressure Performance Tests
    a. Low Pressure--Tire Pressure Monitoring System Test
    b. Low Pressure--High Speed Test
    4. Road Hazard Impact Test
    5. Bead Unseating
    6. Aging Effects
    a. Adhesion (Peel) Test
    b. Michelin's Long Term Durability Endurance Test
    c. Oven Aging
    D. Deletion of FMVSS No. 109
    E. Modification to FMVSS Nos. 110 and 120
    F. Modification to FMVSS Nos. 117 and 129
    G. De-rating of P-metric tires
    H. Other NHTSA Research Plans
    1. Bead Unseating Research
    2. Road Hazard Impact Test (SAE J1981) Research
    I. Additional Considerations
    1. Lead time
    2. Shearography Analysis
    3. Revised Test Speed in Uniform Tire Quality Temperature 
Grading Requirement
    4. Request for Comments on Particular Issues
VII. Benefits
VIII. Costs
    A. Original Equipment Tire and Vehicle Costs
    B. Total Annual Costs
    C. Testing Costs
    D. Request for Comments on Costs and Benefits of Individual 
Tests
IX. Effective Date
X. 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

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    G. National Technology Transfer and Advancement Act
    H. Paperwork Reduction Act
    I. Plain Language
XI. Submission of Comments
XII. Proposed Regulatory Text

I. Executive Summary and Overview

    Section 10 of the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act mandates that the agency 
issue a final rule to revise and update its tire performance standards. 
However, the Act gives the agency substantial discretion over the 
substance of the final rule. The Act does not specify what revisions or 
updatings should be made. For example, it does not specify which 
particular existing tests should be improved or how much they should be 
improved. Likewise, it does not specify which particular new tests 
should be added or how stringent they should be. However, the 
legislative history does contain specific references to some tests like 
aging tests.
    In response to section 10, the agency comprehensively examined 
possible ways of revising and updating its tire standards. In doing so, 
it placed particular emphasis on improving the ability of tires to 
withstand the effects of factors mentioned during the consideration and 
enactment of the TREAD Act such as tire heat build up, low inflation, 
and aging. The agency has examined the value of modifying the existing 
tests in its tire standards. In addition, it has examined the value of 
adopting several new tests.
    As a result of these efforts, the agency has identified an array of 
amendments for revising and updating its tire standards and thereby 
improving tire performance. Some would upgrade existing tests, while 
the others would add new ones.
    The agency recently proposed to establish a new tire standard, 
Standard No. 139, in a December 2001 NPRM on tire safety information 
(Docket No. NHTSA-01-11157, 66 FR 65536, December 19, 2001). Today's 
document proposes to include the new tire performance requirements in 
that standard. The standard would apply to light vehicle tires. As used 
in the December 2001 proposal, ``light vehicles'' are vehicles (except 
motorcycles) with a gross vehicle weight rating (GVWR) of 10,000 pounds 
or less.
    Under today's proposal, the new standard would contain requirements 
and test procedures addressing the following aspects of tire 
performance: Tire Dimension, High Speed, Endurance, Road Hazard Impact, 
Bead Unseating, Low Inflation Pressure, and Aging Effects.\1\
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    \1\ See 66 FR 65536 for the proposed tire information 
requirements. For the convenience of the reader, we have placed in 
the docket for today's NPRM a document that shows how the tire 
safety information and performance requirements may appear together 
in Standard No. 139.
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    The proposed High Speed and Endurance tests would replace the 
current High Speed and Endurance tests in FMVSS No. 109, New Pneumatic 
Tires--Passenger Cars, 49 CFR 571.109, with a more stringent 
combination of testing parameters (ambient temperature, load, inflation 
pressure, speed, and duration.) Most significantly, the proposed High 
Speed test specifies test speeds (140, 150 and 160 km/h (88, 94, and 
100 mph)) that are substantially higher than those currently specified 
in FMVSS No. 109 (120, 128, 136 km/h (75, 80, 85 mph)). Likewise, the 
proposed Endurance Test specifies a test speed 50 percent faster (120 
km/h (75 mph)) than that currently specified in FMVSS No. 109 (80 km/h 
(50 mph)), as well as a duration 6 hours longer (40 hours total) than 
that currently specified in FMVSS No. 109 (34 hours total). At the 
specified test speed (120 km/h), the Proposed Endurance Test distance 
(4800 km) is almost double the distance accumulated than under the 
current Endurance Test (2720 km at 80 km/h). These new testing 
parameters are based on NHTSA's activities undertaken in response to 
the TREAD Act, including extensive agency testing, data gathering and 
analyses as well as agency review of other existing international, 
industry and National standards and proposals, and submissions by the 
public.
    The proposed Road Hazard Impact Test and the Bead Unseating Test 
are modeled on SAE Recommended Practice J1981, Road Hazard Impact Test 
for Wheel and Tire Assemblies (Passenger Car, Light Truck, and 
Multipurpose Vehicles), and the Toyota Air Loss Test, respectively. 
These new tests would replace the Strength and Bead Unseating 
Resistance tests in the current FMVSS No. 109 with tests that are more 
dynamic as opposed to quasi-static.
    In addition to the tests cited above, the proposed standard 
contains tests for two new aspects of performance: Low Inflation 
Pressure Performance and Aging Effects. By creating tests for these 
aspects of performance, the agency is attempting to address concerns 
raised by members of Congress in hearings that preceded the enactment 
of the TREAD Act that NHTSA's current test requirements do not evaluate 
how well tires perform when significantly underinflated or after being 
subjected to environmental variables, such as heat, which accelerate 
aging. In particular, underinflation and heat were factors highlighted 
as contributing to failure of the Firestone ATX and Wilderness tires in 
the TREAD hearings, and in the agency's Firestone investigation (NHTSA 
Office of Defects Investigation (ODI) investigation number EA00-023).
    To test Low Inflation Pressure Performance, the agency is proposing 
two alternative tests based on agency testing and data analyses. Both 
tests utilize tires significantly under-inflated, for instance 20 psi 
for P-metric tires (the low inflation pressure threshold requirement 
for warning lamp activation in the proposed Tire Pressure Monitoring 
System (TPMS) standard, Docket No. NHTSA-00-8572 (66 FR 38982, July 26, 
2001)), as the ``inflation pressure'' testing parameter for standard 
load P-metric tires. To test for resistance to Aging Effects, the 
agency proposes three alternative tests that would evaluate a tire's 
long term durability through methods different than and/or beyond those 
required by both the current and the proposed Endurance Test 
parameters. The three tests use peel strength testing, long-term 
durability endurance requirements, and oven aging, respectively. The 
agency solicits comments on which of the two proposed tests for 
addressing Low Inflation Pressure Performance, and which of the three 
tests proposed for addressing Aging Effects, should be chosen for the 
new standard.
    In addition to proposing test procedures for the new standard, the 
agency also discusses in this document its ongoing and future research 
plans on tire safety, and seeks comments on the future use of 
shearography analysis (a method of analysis using laser technology) for 
evaluating the condition of tires subjected to the proposed testing 
procedures and the plans for revising the Uniform Tire Quality Grading 
Temperature Grading Requirement testing speeds so that they are 
consistent with the test speeds in the proposed High Speed tests.
    Finally, the agency discusses 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, to reflect the applicability of the proposed light vehicle 
tire standard to vehicles up to 10,000 pounds GVWR, 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, to replace the 
performance tests which reference or mirror those in FMVSS No. 109 with

[[Page 10052]]

those specified in the proposed new light vehicle tire standard.
    Wishing to adopt only those amendments that contribute to improved 
safety, and mindful of the principles for regulatory decisionmaking set 
forth in Executive Order 12866, Regulatory Planning and Review, NHTSA 
has examined the benefits and costs of these amendments. Its efforts to 
do so, however, have been limited by several factors. Two factors stand 
out. One is the limited time allowed by the schedule specified in the 
TREAD Act for completing this rulemaking. That has limited the amount 
and variety of information that the agency could obtain and testing 
that the agency could conduct to examine the effects of different 
versions of the amendments under consideration. The other is the 
difficulty inherent in crash avoidance rulemakings, stemming from the 
multiplicity of the factors contributing to the occurrence of any crash 
and the difficulty of ascertaining the relative contribution of each 
factor, in linking specific improvements in safety requirements with 
specific reductions in crashes and resulting deaths and injuries. 
Together, these limitations have made it difficult to assess and 
compare the benefits and costs of this rulemaking.
    At this time, the agency believes that improving tires will be 
beneficial in reducing tire failures and crashes resulting from tire 
failures. However, we do not have a good estimate of the extent to 
which the improvements will improve safety. We have made an estimate of 
the target population--373 fatalities and 9,247 injuries in the target 
population. If the improvements needed to pass the high-speed and 
endurance tests (estimated to be 22 percent) related directly to an 
improvement in safety, the total potential improvement would be 82 
lives saved (373* .22) and 2,034 injuries avoided. Since 32.8 percent 
of the tires currently do not pass the proposed requirements, the 
benefits would be 27 lives saved (373 * 0.22 * 0.328) and 667 injuries 
reduced.
    The agency emphasizes that not all benefits could be quantified. 
Specifically, the agency believes that there will be other, currently 
non-quantifiable, benefits from the proposed Aging test and aspects of 
the proposal that address the overloading of vehicles. Additionally, 
there could be benefits from the proposed Low Inflation Pressure 
Performance tests and from the proposed Road Hazard and Bead Unseating 
tests.
    The agency's estimate of the price increase to improve tires up to 
the performance levels required in the High Speed and Endurance tests 
is $3 per affected tire. Based on testing, we estimate that about one-
third (32.8 percent) of all tires would need improvements to pass those 
two tests. If the cost for these improved tires were spread across the 
entire new light vehicle fleet, the average new vehicle price increase 
would, we estimate, be $4.09 per vehicle. The overall annual cost of 
these tests for new original equipment (64 million tires) and 
replacement tires (223 million tires) is estimated at $282 million for 
a total of 287 million tires sold annually and the net costs per 
equivalent life saved would be about $7.2 million.
    We do not anticipate an increase in costs for the proposed Road 
Hazard Impact and Bead Unseating tests because our testing indicates 
that most of current production tires would pass these tests. The 
agency has not conducted sufficient testing of the proposed Aging tests 
to anticipate their potential costs. The agency believes, however, that 
most manufacturers already perform an aging test. Therefore, it is 
likely that the incremental cost of adding an aging test would be 
minimal.
    With regard to the Low Inflation Pressure Performance tests, one 
alternative would provide no added costs because agency testing 
indicates that current production tires pass the test. Tires tested to 
the other alternative have a higher failure margin. Costs for this test 
cannot be characterized by the agency at this point.
    The agency is concerned about the overall costs of this rulemaking 
and the net costs per equivalent life saved. While the agency believes 
that its proposed amendments represent a reasoned proposal that is 
based on best currently available information and that would improve 
tire safety, it is concerned about the apparent overall costs of those 
amendments. The agency is particularly concerned that the cost per 
equivalent life saved is significantly higher than that in most NHTSA 
vehicle safety rulemakings.
    Because of the broad mandate from Congress and the uncertainty 
associated with the analysis of benefits and costs, the agency believes 
that the most appropriate course of action is for it to seek public 
comment on the full array of potential amendments that it has 
identified. As a result of this NPRM, the agency anticipates receiving 
cost data and other information that will enable it to refine its 
assessment of benefits and costs. The agency will then be in a better 
position to pick and choose among the proposed amendments. Its 
intention is to use that information to fashion a final rule consistent 
with the principles of Executive Order 12866.

II. Background

    The Transportation Recall Enhancement, Accountability, and 
Documentation (TREAD) Act, Pub. L. 106-414, signed into law on November 
1, 2000, requires the agency to address numerous vehicle safety matters 
through rulemaking. Section 10 of the Act directs the Secretary of 
Transportation to conduct a rulemaking to revise and update the tire 
safety standards published at 49 CFR 571.109 and 571.119, and to 
complete the rulemaking, i.e., issue a final rule, by June 1, 2002.\2\
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    \2\ The title of section 10 is ``Endurance and resistance 
standards for tires.'' The section reads in full as follows:
    The Secretary of Transportation shall conduct a rulemaking to 
revise and update the tire standards published at 49 CFR 571.109 and 
49 CFR 571.119. The Secretary shall complete the rulemaking under 
this section not later than June 1, 2002.
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III. Existing Tire Standards--Performance Requirements

    The following discussion summarizes current provisions relating to 
tires.
    FMVSS No. 109, New pneumatic tires, 49 CFR 571.109, specifies the 
requirements for all tires manufactured for use on passenger cars 
manufactured after 1948. This standard, which was issued in 1967 under 
the National Traffic and Motor Vehicle Safety Act (Safety Act), 
specifies dimensions for tires used on passenger cars and requires that 
the tires meet specified strength, resistance to bead unseating, 
endurance, and high speed requirements, and be labeled with certain 
safety information. FMVSS No. 109 applies to passenger car (P-metric) 
tires produced for use on passenger cars, multipurpose passenger 
vehicles (MPV), and light trucks (sport utility vehicles (SUV), vans, 
minivans, and pickup trucks). The standard was adopted from the Society 
of Automotive Engineers (SAE) recommended practice J918c, Passenger Car 
Tire Performance Requirements and Test Procedures, which was first 
issued by the SAE in June 1965. \3\ The current FMVSS No. 109 includes 
four performance requirements for tires:
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    \3\ SAE is an organization which develops voluntary standards 
for aerospace, automotive and other industries. Many of SAE's 
recommended practices are developed using technical information 
supplied by vehicle manufacturers and automotive test laboratories.
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     A strength test, which evaluates the strength of the 
reinforcing materials in the tire;
     A resistance-to-bead unseating test, which evaluates how 
well the tire bead

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is seated on the rim (regulating the tire-rim interface guards against 
sudden loss of tire air pressure when a tire is subjected to lateral 
forces such as during severe turning maneuvers);
     An endurance test, which evaluates resistance to heat 
buildup when the tire is run at its rated load nonstop for a total of 
34 hours, and
     A high speed test, which evaluates resistance to heat 
buildup when the tire is run at 88 percent of its maximum load at 
speeds of 75 mph, 80 mph, and 85 mph for 30 minutes at each speed.
    For the purposes of testing tires to determine their compliance 
with these requirements, the standard specifies values for several 
factors, such as tire inflation pressure, the load \4\ on the tire, and 
the rim on which a tire is mounted. The standard specifies permissible 
inflation pressures (or wheel sizes, in the case of bead unseating 
test) to facilitate compliance testing. The standard requires that each 
passenger car tire must have a maximum permissible inflation pressure 
labeled on its sidewall (S4.3). Section 4.2.1(b) lists the permissible 
maximum pressures: 32, 36, 40, or 60 pounds per square inch (psi) or 
240, 280, 290, 300, 330, 340, 350, or 390 kiloPascals (kPa). A 
manufacturer's selection of a maximum pressure has the effect of 
determining the pressures at which its tire is tested. For each 
permissible maximum pressure, Table II of the standard specifies 
pressures at which the standard's tests must be conducted. The intent 
of this provision is to limit the number of possible maximum inflation 
pressures and thereby reduce the likelihood of having tires of the same 
size on the same vehicle with one maximum load value, but with 
different maximum permissible inflation pressures.
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    \4\ Load percentages stated throughout this document, unless 
otherwise specified, are based on the sidewall maximum rated load.
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    Closely related to FMVSS No. 109 is FMVSS No. 110, Tire selection 
and rims, 49 CFR 571.110. FMVSS No. 110 requires that each passenger 
car be equipped with tires that comply with FMVSS No. 109, that tires 
on the cars be capable of carrying the GVWR of that vehicle, that the 
rims on the car be appropriate for use with the tires, and that certain 
information about the car and its tires appear on a placard in the 
passenger car. FMVSS No. 110 also specifies rim dimension requirements 
and further specifies that, in the event of a sudden loss of inflation 
pressure at a speed of 97 km/h (60 mph), rims must retain a deflated 
tire until the vehicle can be stopped with a controlled braking 
application. FMVSS No. 110 initially became effective in April 1968.
    FMVSS No. 117, Retreaded pneumatic tires, 49 CFR 571.117, 
establishes performance, labeling, and certification requirements for 
retreaded pneumatic passenger car tires. Among other things, the 
standard requires retreaded passenger car tires to comply with the 
tubeless tire resistance to bead unseating and the tire strength 
requirements of FMVSS No. 109. FMVSS No. 117 also specifies 
requirements for casings to be used for retreading, and certification 
and labeling requirements.
    FMVSS No. 119, New pneumatic tires for vehicles other than 
passenger cars, 49 CFR 571.119, specifies performance and labeling 
requirements for new pneumatic tires designed for highway use on 
multipurpose passenger vehicles, trucks, buses, trailers and 
motorcycles manufactured after 1948, and which requires treadwear 
indicators in tires, and rim matching information concerning those 
tires. Under this standard, each tire has to meet requirements that are 
qualitatively similar to those in FMVSS No. 109 for passenger car 
tires. The high speed performance test in this standard only applies to 
motorcycle tires and to non-speed-restricted tires of 14.5-inch nominal 
rim diameter or less marked load range A, B, C, or D. In addition, 
FMVSS No. 119 does not contain a resistance-to-bead unseating test.
    A tire under FMVSS No. 119 is generally required to meet the 
performance requirements when mounted on any rim listed as suitable for 
its size designation in the publications, current at the time of the 
tire's manufacture, of the tire and rim associations that are listed in 
the standard. Further, the tire is required to meet the dimensional 
requirements when mounted on any such rim of the width listed in the 
load-inflation tables of this standard. In addition to the permanent 
marking for any non-matching listed rims, each tire manufacturer is 
required to attach to the tire, for the information of distributors, 
dealers and users, a label listing the designations of rims appropriate 
for use with the tire.
    FMVSS No. 120, Tire Selection and rims for motor vehicles other 
than passenger cars, 49 CFR 571.120, requires that vehicles other than 
passenger cars equipped with pneumatic tires be equipped with rims that 
are listed by the tire manufacturer as suitable for use with those 
tires and that rims be labeled with certain information. It also 
requires that these vehicles shall be equipped with tires and rims that 
are adequate to support the fully-loaded vehicle under contemplated 
operating conditions.
    The primary effect of Standard No. 120 is to specify the minimum 
load-carrying characteristics of tires not already subject to the 
passenger car tire and rim selection requirements of FMVSS No. 110.
    Tire selection under FMVSS No. 120 consists of two elements. With 
one exception, each vehicle must be equipped with tires that comply 
with FMVSS No. 119 and the load rating of those tires on each axle of 
the vehicle must together at least equal the gross axle weight rating 
(GAWR) for that axle. If the certification label lists more than one 
GAWR-tire combination for the axle, the sum of the tire's maximum load 
ratings must meet or exceed the GAWR that corresponds to the tire's 
size designation. If more than one combination is listed, but the size 
designation of the actual tires on the vehicle is not among those 
listed, then the sum of the load ratings must simply meet or exceed the 
lowest GAWR that does appear.
    FMVSS No. 120 also contains a requirement related to the use of 
passenger car tires on vehicles other than passenger cars. The 
requirement states that when a tire that is subject to FMVSS No. 109 is 
installed on a multipurpose passenger vehicle, truck, bus, or trailer, 
the tire's load rating must be reduced by a factor of 1.10 by dividing 
by 1.10 before determining whether the tires on an axle are adequate 
for the GAWR. This 10 percent de-rating of P-metric tires provides a 
greater load reserve when these tires are installed on vehicles other 
than passenger cars. The reduction in the load rating is intended to 
provide a safety margin for the generally harsher treatment, such as 
heavier loading and possible off-road use, that passenger car tires 
receive when installed on a MPV, truck, bus or trailer, instead of on a 
passenger car.
    FMVSS No. 129, New non-pneumatic tires for passenger cars, 49 CFR 
571.129, includes definitions relevant to non-pneumatic tires and 
specifies performance requirements, testing procedures, and labeling 
requirements for these tires. To regulate performance, the standard 
contains performance requirements and tests related to physical 
dimensions, lateral strength, strength (in vertical loading), tire 
endurance, and high speed performance. The performance requirements and 
tests in FMVSS No. 129 were based upon those contained in FMVSS No. 
109.
    The FMVSS No. 129 labeling requirements are similar to those set

[[Page 10054]]

forth in section S4.3 of FMVSS No. 109 for size, designation, load, 
rating, rim size and type designation, manufacturer or brand name, 
certification, and tire identification number. The standard also 
includes temporary use and maximum speed labeling requirements and 
allows methods of permanent marking other than ``molding'' in 
anticipation of the difficulty of molding required information on non-
pneumatic designs. FMVSS No. 129 initially became effective in August 
1990.

IV. Current Safety Problem--Outdated Performance Requirements

A. Transition From Bias Ply to Radial Tires

    When FMVSS No. 109 was issued in 1967, nearly all (more than 99 
percent) of passenger car tires in the U.S. were of bias, or bias belt 
construction. The test procedures that appear in FMVSS No. 109 were 
developed in a bias tire environment. Today, bias tires have been 
almost completely replaced by radial tires on passenger cars. The use 
of radial tires has grown to the extent that they represent more than 
95 percent of passenger tires in both the U.S. and Europe and are used 
on most new light vehicles sold in the U.S.\5\ NHTSA does not require 
radial tires, but regulates their performance through FMVSS Nos. 109 
and 119.
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    \5\ Statistics relating to the increase in use of radial tires 
since 1968, as reported in the Rubber Manufacturers Association's 
(RMA's) Factbook 2000--U.S. Tire Shipment Activity Report for 
Statistical Year 1999 (RMA 2000 Yearbook), are as follows:
     OE Passenger Tires Shipments: (included are all P-
metric tires even if destined for light truck usage) In 1970 radial 
tires comprised 0.5 percent of the market and bias/bias ply tires 
comprised 99.5 percent. In 1999 radial tires comprised 93.7 percent 
of the market and bias/bias ply tires comprised 6.3 percent.
     Replacement Market Passenger Tire Shipments: 
(Replacement shipments include all domestically produced and 
imported tires sent to the U.S. replacement market. Figures include 
all sizes and types of tires designed for standard highway passenger 
car service, including P-Metric tires destined for light trucks.) In 
1970 radials comprised 2.1 percent of market and in 1999 radials 
comprised 99.8 percent of market.
     Production of Passenger Tires: (Passenger tire 
production covers all tires produced in the United States whether 
for domestic consumption or for export. Figures represent the 
production for all sizes and types of tires designed for standard 
highway passenger car service and include P-Metric tires destined 
for use on light trucks.) In 1970 radial tires comprised 0.0 percent 
of tires produced. In 1999 radial tires comprised 99.1 percent of 
tires produced.
     OE Light Truck Tires Shipments: (Light truck tire 
original equipment shipments covers all tires sent to manufacturers 
or original equipment vehicles in the U.S. and includes all sizes/
types of tires designed by the participants for fitment to light 
truck.) In 1980 radial tires comprised 14.8 percent of shipments and 
in 1999 radial tires comprised 98.3 percent of shipments.
     Replacement Light Truck Tires Shipments: (Light truck 
tire replacement shipments designates all tire shipments sent for 
replacement purposes to the domestic tire market in the U.S. and 
includes all sizes/types of tires designed by the participants for 
fitment to light truck.) In 1980 radials comprised 9.9 percent of 
shipments and in 1999 radials comprised 94.5 percent of shipments.
     Production of Light Truck Tires: (Tires produced in US 
whether for domestic consumption or for export outside the United 
States--does not include P-metric tires). In 1980 radials comprised 
7.1 percent of production and in 1999 radials comprised 98.7 percent 
of production.
---------------------------------------------------------------------------

    Radial tires are less susceptible than bias ply tires to most types 
of failures. Also, radial tire design resulted in significant 
improvements in tire performance compared with bias ply tires, thus 
making it easier for radial tires to comply with the requirements of 
FMVSS No. 109 than for bias tires.
    A bias passenger car tire carcass is typically made up of two or 
four plies of cord material that run from bead to bead at an angle of 
approximately 35 degrees to the centerline of the tire. Alternating 
plies are applied at alternating angles during tire manufacture so that 
the cord paths of alternating plies criss-cross. This type of 
construction provides a very strong, durable carcass for the tire. 
However, it has drawbacks. Because the ply cords criss-cross and all 
the cords are anchored to the beads, the carcass is stiff and 
relatively inflexible. This type of construction prevents different 
parts of the tire from acting independently of one another when forces 
are applied to the tire. As a result, a bias construction is 
susceptible to impact breaks because it does not easily absorb road 
irregularities.
    By comparison, a radial passenger car tire carcass is typically 
made up of one or two plies of cord material that run from bead to bead 
at an angle of approximately 90 degrees to the centerline of the tire. 
As a result, the cords do not criss-cross. Because the cords do not 
criss-cross and because the opposite ends of each cord are anchored to 
the beads at points that are directly opposite to each other, the 
radial tire carcass is very flexible. The radial tire is reinforced and 
stabilized by a belt that runs circumferentially around the tire under 
the tread. This construction allows the sidewalls to act independently 
of the belt and tread area when forces are applied to the tire. This 
``independent'' action is what allows the sidewalls to readily absorb 
road irregularities without overstressing the cords. Impact breaks 
caused by cord rupture do not occur in radial-ply passenger car tires. 
This ``independent'' action also allows two important things to happen 
during cornering: (1) The tread of a radial tire remains fully in 
contact with the road over the entire tread width, and (2) the ply 
cords and sidewall are able to absorb the cornering forces without 
exerting the twisting force on the beads that are exerted by bias 
constructions.
    These characteristics of a radial tire construction are what make 
the existing high speed test, endurance test, strength test \6\, and 
bead-unseating test appear to be ineffective in differentiating among 
today's radial tires with respect to these aspects of performance.
---------------------------------------------------------------------------

    \6\ The FMVSS 109 plunger energy or strength test was designed 
to evaluate the strength of the reinforcing materials in bias ply 
tires, typically rayon, nylon or polyester, and it continues to 
serve a purpose for these tires. However, a radial tire is not 
susceptible to the kind of failure for which this test was designed 
to prevent. The flexible sidewalls of radial tires easily absorb the 
shock of road irregularities.
    Because of the belt package, radial tires far exceed the 
strength requirements of the test and many times the plunger bottoms 
out on the rim instead of breaking the reinforcing materials in the 
radial tire. During the years 1996 through 1998 RMA members reported 
conducting nearly 19,000 plunger energy (strength) tests on radial 
tires. There were no reported failures.
---------------------------------------------------------------------------

B. Safety Problems Associated With Tires

    Tire under-inflation, high ambient temperatures, and vehicle load 
are among the factors being considered in the ongoing evaluation of the 
radial tire failures that have occurred in recent years. Data 
concerning tire failure, blowouts, and rollovers are discussed below.
1. Population of Tire Related Crashes
    Several crash files contain information on ``general'' tire related 
problems that precipitate crashes. These files are the National 
Automotive Sampling System--Crashworthiness Data System (NASS-CDS) \7\ 
and the Fatality Analysis Reporting System (FARS).\8\
---------------------------------------------------------------------------

    \7\ For the NASS-CDS system, trained investigators collect data 
on a sample of tow-away crashes around the country. These data can 
be ``weighted up'' to national estimates. A NASS-CDS General Vehicle 
Form contains the following information: A critical pre-crash event, 
such as vehicle loss of control due to a blowout or flat tire. This 
category includes only part of the tire-related problems which cause 
crashes. This coding would only be used when the tire went flat or 
there was a blowout that caused a loss of control of the vehicle, 
resulting in a crash.
    \8\ In FARS, tire problems are noted after the crash, if they 
are noted at all. The FARS file does not indicate whether the tire 
problem caused the crash, influenced the severity of the crash, or 
just occurred during the crash. For example, some crashes may have 
been caused by a tire blowout, while in others the vehicle may have 
slid sideways and struck a curb, causing a flat tire which may or 
may not have influenced whether the vehicle experienced rollover. 
Thus, while an indication of a tire problem in the FARS file give 
some indication as to the potential magnitude of the tire problem in 
fatal crashes, it can neither be considered the lowest possible 
number because the tire might not have caused the crash, nor the 
highest number of cases because not all crashes with tire problems 
might have been coded by the police.

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

[[Page 10055]]

    NASS-CDS data for 1995 through 1998 indicate that there are an 
estimated 23,464 tow-away crashes per year caused by blowouts or flat 
tires.

 Estimated Annual Average Number (1995-98 NASS) and Rates of Blowouts or
                   Flat Tires Causing Tow-away Crashes
------------------------------------------------------------------------
                                           Tire related    Percent tire
                                               cases          related
------------------------------------------------------------------------
Passenger Cars Total....................          10,169            0.31
    Rollover............................     1,837 (18%)            1.87
    Non-rollover........................     8,332 (82%)            0.26
Light Trucks Total......................          13,294            0.99
    Rollover............................     9,577 (72%)            6.88
    Non-rollover........................     3,717 (28%)            0.31
Light Vehicles Total....................          23,463            0.51
    Rollover............................    11,414 (49%)            4.81
    Non-rollover........................    12,049 (51%)            0.28
------------------------------------------------------------------------

    Therefore, 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 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).
2. Geographical and Seasonal Effects
    The agency further examined the FARS data to determine whether heat 
is a factor in tire problems. We examined two surrogates for heat: (1) 
The region of the U.S. in which the crash occurred, and (2) the season 
in which the crash occurred. The highest rates of tire problems 
occurred in light trucks in southern states in the summertime, followed 
by light trucks in northern states in the summertime, and then by 
passenger cars in southern states in the summertime. The lowest rates 
occurred in winter and fall.

      Geographical and Seasonal Analysis of Tire Problems (Percent of Vehicles) in FARS With Tire Problems
----------------------------------------------------------------------------------------------------------------
                                                                                                    All light
                                                             Passenger cars     Light trucks        vehicles
                                                                (percent)         (percent)         (percent)
----------------------------------------------------------------------------------------------------------------
Northern States:
    Winter................................................              1.01              0.80              0.94
    Spring................................................              1.12              1.01              1.08
    Summer................................................              0.98              1.46              1.15
    Fall..................................................              1.04              0.93              1.00
Southern States:
    Winter................................................              0.87              0.99              0.92
    Spring................................................              1.09              1.27              1.16
    Summer................................................              1.31              1.99              1.59
    Fall..................................................              0.89              1.07             1.00
----------------------------------------------------------------------------------------------------------------
Winter = December, January, February; Spring = March, April, May; Summer = June, July, August; Fall = September,
  October, November.
Southern States = AZ, NM, OK, TX, AR, LA, KY, TN, NC, SC, GA, AL, MS, and FL; Northern States = all others.

    Based on these data, tires on light trucks appear to be more 
affected by higher ambient temperatures than tires on passenger cars.
3. Tire Problems by Tire Type and Light Truck Type
    The agency also examined tire problems in the NASS-CDS from 1992 to 
1999 by types of light trucks and vehicle size to determine whether LT 
tires used on light trucks exhibited more problems than P-metric tires. 
LT tires are used on vehicle classes identified for this analysis as 
Van Large B and Pickup Large B groups of vehicles. These groups of 
vehicles typically represent the 3/4 ton and 1-ton vans and pick-ups. 
P-metric tires are used on most of the other light trucks. The data 
indicate that the average percentage of light trucks in the NASS-CDS 
having a LT tire problem is 0.84 (10/1,186), while the average percent 
of light trucks having a P-metric tire problem is 0.47 percent (53/
11,226).
---------------------------------------------------------------------------

    \9\ Unweighted numbers are used because NASS data broken into 
small numbers of cells results in weighted numbers which do not 
appear logical.

[[Page 10056]]



     Tire Problems by Light Truck Vehicle Type 1992 to 1999 NASS-CDS
                            Unweighted Data 9
------------------------------------------------------------------------
                                      No. of                  Percent of
                                    cases with   Total No.    cases with
         Light truck type             a tire      of cases      a tire
                                     problem                   problem
------------------------------------------------------------------------
Van--Compact.....................           11        2,125         0.52
Van--Large A.....................            3          431         0.70
Van--Large B.....................            4          501         0.80
Pickup--Compact..................           13        3,155         0.41
Pickup--Large A..................            7        1,849         0.38
Pickup--Large B..................            6          685         0.88
SUV--Compact.....................           16        3,147         0.51
SUV--Large.......................            3          519         0.58
                                  --------------------------------------
    Total........................           63       12,412        0.51
------------------------------------------------------------------------
The Van--Large A group includes vehicles such as the Ford Econoline 150.

The Van--Large B group includes vehicles such as the Ford Econoline 250/
  350.
The Pickup--Large A group includes vehicles such as the Ford F 150.
The Pickup--Large B group includes vehicles such as the Ford F 250/350.

    These larger Pickups and vans, however, are also vehicles that 
carry heavier loads and are more likely to be more overloaded than 
lighter trucks. In addition, these heavier vehicles are often used at 
construction sites and may be more apt to encounter nail punctures and 
experience flat tires. Thus, there may be usage issues that increase 
the percentage of tire problems for these larger trucks, rather than 
exclusively a qualitative difference between P-metric and LT tires.
4. Crashes Indirectly Caused by Tire Problems
    While the agency has not attempted to estimate the extent to which 
improved tires would reduce the chance of having a flat tire it has 
looked at crashes indirectly caused by or involved with tire problems.
    The agency has identified several types of such crashes. For 
instance, if a driver stops his vehicle on the side of the road due to 
a flat tire, curious passing drivers often slow down to view the 
incident. This can cause congestion, potentially resulting in a rear 
impact involving two or more of the passing vehicles toward the rear of 
the congested traffic. Another crash type indirectly caused by tire 
problems involves tire repair on the shoulder of the road. Sometimes 
drivers repairing tires or seeking assistance due to tire problems are 
struck, as pedestrians, by other vehicles. These phenomena are not 
captured in NHTSA's data files. However, Pennsylvania, Washington, and 
Ohio have data files that allow for combining and search for codes for 
this phenomena; for instance, searching simultaneously for ``Flat tire 
or blowout'' and ``Playing or working on a vehicle'' and 
``Pedestrians.'' Our examination of these files for calendar year 1999 
for Ohio and Pennsylvania and 1996 for Washington showed the following 
information:

               State Data on Tire Problems and Pedestrians
------------------------------------------------------------------------
                                       Ohio     Washington  Pennsylvania
------------------------------------------------------------------------
Pedestrians Injured...............       3,685       2,068        5,226
Pedestrians Injured While Playing    50 (1.4%)   27 (1.3%)    56 (1.1%)
 or Working on Vehicle............
Pedestrians Injured While Working            0           2            0
 on Vehicle with Tire Problem.....
                                   -------------------------------------
    Total crashes.................     385,704     140,215      144,169
------------------------------------------------------------------------

    The combined percentage of total crashes with tire problems in 
these three states (3,100/670,088 = 0.46) is consistent with the NASS-
CDS data percentage of 0.51 percent. The portion of pedestrians coded 
as being injured while working on a vehicle with tire problems is 2/
10,979 = 0.018 percent. Applying this to the estimated number of 
pedestrians injured annually across the U.S. (85,000 from NASS-GES) 
results in an estimated 15 pedestrians injured per year. The agency, 
however, does not have data to estimate how many pedestrian injuries 
could be reduced by having better tires.

C. Implications of Changes in U.S. Light Vehicle Market

    Sales of light trucks have risen steadily for over the past 20 
years and now account for almost half of the U.S. light vehicle 
market--more than twice their market share as recently as 1983. 
(Industries in Transition, 1/01/00; Journal of Transportation and 
Statistics, December 2000.) While 9.0 million passenger cars were sold 
in 2000, the consumer preference for light truck vehicles continued to 
grow, with sales reaching approximately 8.4 million units, just short 
of parity with passenger car sales. (Automotive News 2001 Market Data 
Book). According to analysts and manufacturers, sales of light trucks 
are expected to surpass sales of cars by approximately 100,000 units 
this year and the light truck segment is likely to reach ``around 60%'' 
before stabilizing. (Auto & Truck Manufacturers Industry Report, 5/15/
00).
    In addition to purchasing more SUVs, Americans have shifted toward 
a significantly higher use of minivans, pickup trucks, and SUVs for 
personal travel. (Journal of Transportation and Statistics, December 
2000). The 1995 Nationwide Personal Transportation Survey (NPTS) data 
set suggests that the average light duty truck (LDT) (pickup trucks, 
SUVs, and minivans) is used over longer distances and with more

[[Page 10057]]

people aboard than passenger cars.\10\ Additionally, SUVs are popular 
for long distance weekend travel.
---------------------------------------------------------------------------

    \10\ Passenger cars average 12,258 miles per year during the 
first 6 years after purchase, while light trucks average 12,683 
miles per year during the same time period. NPTS data also indicates 
that minivans make the most person-trips per day, followed by SUVs, 
passenger cars, and finally pickups. SUVs are estimated to make, on 
average, 4.6% more person-trips per day than passenger cars.
---------------------------------------------------------------------------

    Approximately 90 percent of these light trucks use passenger car 
(P-metric) tires. The other 10 percent use load range C, D, or E tires 
which are LT tires and are typically used on heavier light trucks with 
a gross vehicle weight rating (GVWR) between 6,000 and 10,000 
pounds.\11\ Sales growth of heavier light trucks, those that have GVWRs 
above 6,000 pounds, increased at a much faster rate than their lighter 
counterparts, with larger SUVs (6,000-10,000 pounds GVWR) showing an 
average increase of 38 percent annually between 1990 and 1998.
---------------------------------------------------------------------------

    \11\ The net impact on original equipment passenger car tire 
shipments in 1999 reflects an increase of 3.9 million units for a 
record total of 61 million units, or a 6.8 percent growth over 
1998's figure of 57.1 million units. Continued growth in the sales 
and production of light truck vehicles also drove the number of 
original equipment light truck (LT) tires to a record high of 
approximately 8.4 million units or a 25.2 percent increase over 
1998's figures. (RMA 2000 Yearbook)
---------------------------------------------------------------------------

V. Agency Response to Safety Problem

A. Relationship Between TREAD Act and Tire Harmonization (Work in UN/
ECE's World Forum for Harmonization of Vehicle Regulations (WP.29))

    Prior to this rulemaking, NHTSA embarked on a program of global 
harmonization for light vehicle tire standards under the auspices of 
the United Nations/Economic Commission for Europe's (UN/ECE) World 
Forum for Harmonization of Vehicle Regulations (WP.29).\12\ NHTSA, 
within the WP.29's Working Party on Brakes and Running Gear (GRRF),\13\ 
has been working cooperatively with other countries to develop a global 
tire standard that could better assess the safety performance of modern 
tires.
---------------------------------------------------------------------------

    \12\ Formerly, ``Working Party on the Construction of Vehicles 
(WP.29).'' The Forum's website is 
http://www.unece.org/trans/main/welcwp29.htm
    \13\ The GRRF is a Working Party within WP.29 which is 
responsible for developing draft global technical regulations on 
brakes, tires, wheels, and other chassis components of motor 
vehicles.
---------------------------------------------------------------------------

    In July 1999, NHTSA participated in a GRRF meeting in London, 
England which initiated deliberations to develop a global technical 
regulation for tires with other countries. An industry developed 
standard, Global Tire Standard 2000 for New Pneumatic Car Tires (GTS-
2000),\14\ was used as a basis for initial discussions on harmonization 
at that meeting. GTS-2000 would substitute a single high-speed test for 
the four performance tests in FMVSS No. 109 for most radial tires.\15\ 
More specifically, GTS-2000 would replace the current FMVSS No. 109 
high speed test with the high-speed test required by ECE-R30 (the 
European tire regulation for tires used on light passenger vehicles), 
including temporary spares. It would also limit the application of the 
other three tests currently required by FMVSS No. 109, namely the 
strength test, the bead unseating test, and the endurance test, to bias 
tires and low speed rated radial tires because industry believes that 
these three tests have relevance to bias and bias-belted tires, but 
little, if any, relevance to radial tires, with the single exception of 
the endurance test for low speed (160 km/h/99 mph, or less) radial 
tires.
---------------------------------------------------------------------------

    \14\ On January 25, 1999, the Rubber Manufacturers Association 
(RMA), along with five other petitioners, submitted a petition 
requesting the agency to begin a rulemaking proceeding to amend 
FMVSS No. 109 by adopting a new standard. According to the 
petitioners, GTS-2000 is a suggestion for a harmonized standard that 
the tire industry believes incorporates the best safety practices, 
including those from the U.S., Europe, Japan, China, and Australia. 
On June 8, 1999, NHTSA granted this petition.
    \15\ As described by RMA, GTS-2000 lists the following test 
criteria: (1) Physical dimensions for overall width and outer 
diameter; (2) strength test (plunger energy) for bias ply and bias-
belted tires; (3) bead unseating resistance tests for bias-ply and 
bias-belted tires; (4) low speed (not less than 50 mph) endurance 
tests for bias-ply and bias belted tires plus all radial tires with 
a speed symbol of Q or below; and (5) high speed endurance tests for 
all tires (bias-ply, bias-belted, and radial). In addition, it 
contains labeling requirements covering tire pressure, load rating 
and tire construction.
---------------------------------------------------------------------------

    Since the July 1999 meeting, the GRRF has been considering a draft 
global technical regulation (GTR). Prior to the enactment of the TREAD 
Act, tentative consensus within an ad hoc tire harmonization working 
group of the GRRF concerning the draft GTR had been reached on the 
following issues: (1) To adopt the ECE R30 high speed test 
methodology\16\ in place of the FMVSS 109 high speed test, (2) to keep 
the current FMVSS 109 resistance-to-bead unseating test until NHTSA 
develops an alternative that is more appropriate for radial tires, and 
(3) to develop an optional requirement for testing wet grip. Other 
issues also under discussion in the ad hoc group prior to the TREAD Act 
included: (a) the U.S.'s suggestion to lower the inflation pressures in 
and increase the duration of the high speed test (current ECE R30 
test), (b) the U.S.'s suggestion to agree on the need for tire labeling 
requirements that are unique to the U.S., such as maximum inflation 
pressure, and UTQG consumer information, (c) the U.S.'s suggestion to 
identify requirements that should be included as optional requirements, 
(d) assigning to the UN the responsibility for tire plant code 
registration for a global standard, and (e) the U.S.'s suggestion to 
increase the ambient temperature for the high speed test.
---------------------------------------------------------------------------

    \16\ The ECE Regulation 30 includes a single performance 
requirement, the high speed test, which is conducted at a speed 
close to and up to the rated speed of the tire. The methodology used 
in ECE R30 and suggested by the tire industry in GTS-2000 for tire 
harmonization determines the test speed based on the tire's speed 
symbol rated speed. The following chart illustrates the rated speed 
in km/h for each speed symbol.
    Speed symbol and Rated Speed--km/h:
        F--80
        G--90
        J--100
        K--110
        L--120
        M--130
        N--140
        P--150
        Q--160
        R--170
        S--180
        T--190
        U--200
        H--210
        V--240
        W--270
        Y--300
        ZR-->300
    These speeds range from a minimum of 140 km/h (88 mph) to 300 
km/h (188 mph) for W, Y categories. The total test time is 50 
minutes. The inflation pressures for the ECE R30 high speed test are 
typically much higher than those recommended by vehicle 
manufacturers for vehicle operation.
---------------------------------------------------------------------------

    In a February 2001 submission to the docket (Docket No. NHTSA-2000-
8011), the Chairman of the GRRF Tire Harmonization Working Group 
recommended on behalf of the GRRF that NHTSA adopt a draft text that 
reflects the current state of deliberations for developing a harmonized 
tire standard.

B. Submissions to NHTSA Tire Upgrade Docket (Docket No. NHTSA-2000-
8011)

    In September 2000, NHTSA opened a docket, NHTSA-2000-8011, entitled 
``Tire Testing--Federal Motor Vehicle Safety Standard (FMVSS 109).'' 
The purpose of this docket was to collect tire test data and receive 
feedback on its high speed and endurance performance testing matrices.
    As of the issuance of this document, comments and recommendations 
from 7 entities have been received in the docket. Substantive comments 
and recommendations in response to NHTSA's testing matrices are 
discussed below. Additionally, Toyota Motor Company (Toyota) submitted 
a copy of its Air Loss Test Procedure.

[[Page 10058]]

1. RMA December 2000 Testing Protocol
    In December 2000, RMA presented to NHTSA a test protocol (RMA 2000) 
that was designed and administered with the participation of the 
following tire companies: Bridgestone/Firestone, Continental/General, 
Cooper Tire and Rubber, Michelin, Goodyear, Pirelli, Yokohama. The test 
protocol is divided into the following principal parts: Passenger Car 
Tire High Speed, Passenger Car Tire Endurance, Light Truck High Speed, 
and Light Truck Tire Endurance. One hundred thirty-two tests on 
approximately 900 tires were included in this protocol. A brief summary 
of RMA 2000's conclusions and recommendations are discussed below.
a. Passenger Tires--High Speed Test
    RMA 2000 concluded that

    [t]he SAE test [J1561] conditions were found to be the most 
consistent discriminators required for completion of the rated speed 
within the customary one-hour duration.\17\ Test inflation pressure 
had the greatest effect in determining completion of the rated 
speed. Maximum load was also shown to have an effect on performance, 
although not as great as inflation.
---------------------------------------------------------------------------

    \17\ The SAE J1561 Test parameters, which are also consistent 
with International Standards Organization (ISO) 10191 testing 
conditions, are as follows:
    (1) Test speed and duration: (ITS = Tire's rated speed minus 40 
km/h), 6 speed steps, each 10 min in duration: (1) 0 to ITS, (2) 
ITS, (3) ITS + 10 km/h, (4) ITS + 20 km/h, (5) ITS + 30 km/h, (6) 
ITS + 40 km/h.
    (2) Inflation pressure: 240, 260, 280, 300, or 320 kPa based on 
speed rating.
    (3) Load: 80 percent.
    (4) Ambient Temperature: 38 deg. C.

    RMA 2000 recommended that the agency revise the High Speed 
Performance test in FMVSS No. 109 to reflect the conditions found in 
SAE J1561:
    (1) Test speed and duration: (Initial Test Speed (ITS) = Tire's 
rated speed minus 40 km/h), 6 speed steps, each 10 min in duration: (1) 
0 to ITS, (2) ITS, (3) ITS + 10 km/h, (4) ITS + 20 km/h, (5) ITS + 30 
km/h, (6) ITS + 40 km/h.\18\
---------------------------------------------------------------------------

    \18\ The following chart illustrates the rated speed in km/h for 
each speed symbol. ``ZR'' is an open ended speed category for tires 
with a maximum speed capability above 240 km/h, but is also used 
specifically for tires having a maximum speed capability above 300 
km/h.
    Speed symbol and rated speed--km/h:
        F--80
        G--90
        J--100
        K--110
        L--120
        M--130
        N--140
        P--150
        Q--160
        R--170
        S--180
        T--190
        U--200
        H--210
        V--240
        W--270
        Y--300
        ZR--> 300
---------------------------------------------------------------------------

    (2) Inflation pressures (kPa): 240 for speed rating through N, 260 
for P, Q, R, & S, 280 for T, U, & H, 300 for V & Z, 320 for W & Y.
    (3) Load and ambient temperature: 80 percent of maximum rated load, 
38 deg.C  3 deg.C.
b. Passenger Tires--Endurance Test
    RMA concluded that ``the results seem to indicate that speed, 
followed closely by inflation pressure, are key determinants affecting 
the number of hours to failure.''
    RMA recommended revising the Endurance test in FMVSS No. 109 to 
include the following parameters:
    (1) Inflation pressure: 180 kPa.
    (2) Test speed: constant at 120 Km/h.
    (3) Duration and load: 8 hours at 85 percent of maximum rated load, 
8 hours at 90 percent of maximum rated load, 8 hours at 100 percent of 
maximum rated load.
    (4) Ambient temperature: 38 deg.C  3 deg.C.
c. Light Truck Tires--High Speed Test
    RMA concluded that

    [f]or load range C tires an analysis of the results shows the 
maximum load conditions of 90 percent to be more realistic than the 
80 percent. Also, it appears that the inflation pressure of 350 kPa 
is the most suitable for this test. For load range E tires the data 
showed that conditions of 90 percent maximum load and 550 kPa 
pressure, while not particularly discerning for the Q speed rated 
tires did become much more rigorous for the R speed rated tires (no 
S rated tires were included in the load range E tests).

    RMA recommended that NHTSA incorporate a test similar to SAE J1633 
or ISO 10454 into its light truck tire standard, using maximum 
inflation pressure, limited to tires marked ``LT'' or ``C'' and load 
range A-E or Load Index 124 or below. The parameters are as follows:
    (1) Speed and duration (ITS = Tire's rated speed -20 km/h): 3-speed 
steps: 0 to ITS for 10 min, ITS for 10 min, ITS + 10 km/h for 10 min, 
ITS + 20 km/h for 30 min.
    (2) Inflation pressure corresponding to maximum load.
    (3) Load: 90 percent of maximum.
    (4) Ambient temperature: 38 deg.C 
+/-3 deg.C.
d. Light Truck Tires--Endurance Test
    RMA 2000 concluded that

    [a]s with passenger car endurance tests, speed is deemed to be 
the greatest determinate of tire failure, followed closely by 
inflation pressure * * * In the FMVSS 119 test it wasn't until load 
limits became unrealistically high that tires begin to fail. 
However, in the four test protocols using combinations of the test 
conditions cited above, average hours to failure were more 
realistically demonstrated when testing at 120 km/h using the 
inflation pressures corresponding to the maximum load rating marked 
on the tire (350 kPa for load range C, and 550 kPa for load range 
E).

    RMA 2000 recommended revising the light truck tire standard to 
include the following test parameters:
    (1) Inflation pressure: at pressure corresponding to the maximum 
load rating marked on the tire.
    (2) Speed: constant at 120 Km/h.
    (3) Duration and load: Load range A, B, C, & D for 8 hours at 75 
percent of maximum rated load, 8 hours at 97 percent of maximum rated 
load, and 8 hours at 114 percent of maximum rated load. Load Range E 
for 8 hours at 70 percent of maximum rated load, 8 hours at 88 percent 
of maximum rated load, and 8 hours at 106 percent of maximum rated 
load.
    (4) Ambient Temperature: 38 deg.C +/-3 deg.C.
2. Other Substantive Submissions
    In February 2001, Michelin presented its suggested Endurance 
Certification Test to NHTSA. This is an endurance test for long term 
durability, which evaluates the following factors: belt edge stress, 
long-term cyclic fatigue and compound evolution. The following table 
illustrates the parameters of this test:

----------------------------------------------------------------------------------------------------------------
                                         Metric passenger car                        Light truck
                                  ------------------------------------------------------------------------------
                                                                                      Load range
                                    Standard load      Extra load   --------------------------------------------
                                                                          B          C          D          E
----------------------------------------------------------------------------------------------------------------
Test Temperature ( deg.F)........               100+/-5
                                                            100+/-5

[[Page 10059]]


Speed (mph)......................                  60
                                                              60
Filling Gas......................             50%O2/50%N2
                                                          50%O2/50%N2
Load (lbs)--% Max Single.........                 111                142         112        98         92
Initial Pressure (psi)--Regulated  40               46               57          57         65         80
Regulated........................  ...............  ...............  ..........  .........  .........  .........
----------------------------------------------------------------------------------------------------------------

    In May 2001, Michelin supplemented its requested endurance test 
with a discussion of the influence of its long term durability 
endurance test variables on tire endurance and crack propagation.
    Michelin has also recommended replacing the current high speed test 
with ISO 10191. ISO 10191 contains test variables substantially similar 
to those in SAE J1561 and those recommended by RMA 2000 for the high 
speed test for passenger tires.
    In a November 2000 submission to the docket, GM provided the 
following general comments on the first phase of NHTSA's tire testing 
matrix: (1) Increased high speed capability will result directly in 
compromises with mass, fuel economy (rolling resistance) and ride 
comfort, (2) correlation of laboratory tests with performance of tires 
in the field environment is necessary and tires with known acceptable 
field performance should serve as reference to acceptable performance 
on such laboratory tests, (3) tests that take the tire to failure can 
always be developed but may not indicate poor performance and tire 
failures on these tests should not be interpreted as an indication of 
unacceptable performance, (4) the definition of failure for these tests 
should be clarified, and (5) it is recommended that temperature 
monitoring be included in the testing.
    GM also submitted a number of comments on NHTSA's test matrices. 
These comments, specific to NHTSA's preliminary test parameters, are 
not discussed in detail here, but are available for review in the 
docket.

C. NHTSA Tire Testing at Standards Testing Lab (STL)

    Shortly after the enactment of the TREAD Act, the agency initiated 
tire testing at Standards Testing Labs (STL) in November 2000 to 
evaluate the high-speed performance, endurance performance, and low 
inflation pressure performance of a limited number of current 
production tires. The agency developed a test matrix which focused on 
the five main parameters currently used in tire testing under FMVSS 
Nos. 109 and 119: load, inflation pressure, speed, duration, and 
ambient temperature. Copies of the test matrix and testing results for 
P-metric tires and for LT tires is available in the docket (see the 
Tire Test Matrix in NHTSA Docket No. 2000-8011-1).
1. High Speed Testing
    The high speed tests included a wide range of values for the test 
parameters to facilitate evaluation of the performance of a variety of 
tires used on light vehicles. A baseline high speed test was performed 
on each of the tire brands using the GTS-2000 high speed test for P-
metric tires and FMVSS No. 109 for the LT tires.\19\
---------------------------------------------------------------------------

    \19\ LT tires were not included in GTS-2000 nor are they 
required to comply with the high speed test in FMVSS No. 119.
---------------------------------------------------------------------------

    The Phase I test matrix included loads of 80, 90, and 100 percent 
\20\; inflation pressures of 180 kPa, 210 kPa and 240 kPa; durations at 
each speed step of 10 minutes, 20 minutes and 30 minutes; and four 
speeds steps beginning at an initial test speed (ITS) 30 km/h below the 
rated speed of the tire, and increasing in 10-km/h increments up to the 
rated speed (ITS + 30km/h). Some tests were conducted to failure, 
beyond the rated speed of the tires, to assess the performance margin 
for the tires. In this phase of testing, nine P-metric tire brands and 
three LT tire brands were tested using 28 tires per brand, one tire for 
each of the 28 high speed tests performed. The total number of tires 
tested to the high speed test in this phase was 336 tires.
---------------------------------------------------------------------------

    \20\ As stated earlier in this document, load percentages, 
unless otherwise specified, are based on the sidewall maximum rated 
load.
---------------------------------------------------------------------------

    The test results from the Phase I tests show that all but one of 
the tires completed the baseline high speed tests up to their rated 
speed without failure. The results of the matrix tests indicate that 
all the parameters have an impact on tire failure in the high-speed 
test; however, a decrease in inflation pressure appeared to have the 
greatest impact on time to failure in the high-speed test. For example, 
at an inflation pressure of 180 kPa using 20-minute speed intervals, 
the results of the P-metric tire tests indicate 3 of 9 tire failures, 
while at 240 kPa, under similar test conditions, all 9 tires completed 
the high speed test. The data also indicate that RMA 2000's suggested 
10-minute test duration at each speed appears to be too short to 
properly evaluate the high speed performance of a tire. In the agency's 
testing, few failures occurred at the 10-minute steps, and all tires 
tested were able to complete many of the tests conducted using 10-
minute speed intervals. In general, the most stringent mix of 
parameters was 100 percent load, low inflation pressure of 180 kPa, 
combined with the longest test duration for each speed step, 30 
minutes. This test condition resulted in only one of nine P-metric 
tires completing the high speed test. A similar test condition for the 
test on three LT tires resulted in one tire completing the high speed 
test. The agency notes that these severe test conditions enabled us to 
evaluate the high speed performance limits of some current production 
tires.
    The agency conducted additional high speed testing using a Phase II 
matrix. This second phase of the high-speed testing included 12 tire 
brands (8 P-metric and 4 LT tires) with a sample of five tires per test 
per brand. The test parameters included loads at 80 and 85 percent; 
inflation pressures at 210 kPa and 220 kPa; duration of 20 minutes; and 
speeds similar to the ITS plus 10, 20, 30 km/h method used in Phase I, 
and also three fixed speeds of 160, 170, and 180 km/h for 30 minutes at 
each speed step. For the LT tires tested to the high-speed test, the 
parameters were similar as those used for P-metric tires, except that 
the inflation pressures were changed to reflect the higher maximum 
inflation pressures on those tires.
    The test results from the second phase testing demonstrated that 
there is variability in the manufacturing quality of tires since a mix 
of passes and failures occurred within the 5 samples tested for each 
brand.
2. Endurance Testing
    The endurance testing was also comprised of two phases of matrix 
testing. The baseline endurance test used for the P-metric tires was 
the one

[[Page 10060]]

in GTS-2000 for radial tires rated ``Q'' or below. For LT tires, the 
FMVSS No. 119 endurance test was used as the baseline. The agency also 
conducted endurance testing with load combinations of 100/115/125 
percent load, test speeds of 120 and 140 km/h, inflation pressures of 
160 kPa and 200 kPa for P-metric tires, and for a duration of 50 hours. 
Similar parameters were used for LT tires, except with different 
inflation pressures since these tires have higher maximum inflation 
pressures than P-metric tires.
    All the tires completed the baseline endurance tests without any 
failures. The results of the matrix tests for endurance indicate that 
the higher test speed, 140 km/h, had a large impact on the time to 
failure, even at the higher inflation pressure of 200 kPa. The high 
load percentages also contributed significantly to the short time to 
failure, especially for some of the LT tires.
    The second phase of the endurance testing included test parameters 
closer to those that the agency is proposing in this NPRM. The 
parameters were as follows: lower loads of 100/110/115 percent combined 
with a test speed of 120 km/h at 180 kPa inflation pressure for a 
duration of 50 hours; higher loads of 100/115/125 percent combined with 
a lower test speed of 100 km/h at 180 kPa inflation pressure for 50 
hours.
    The results of the second phase of endurance testing indicate that 
fewer failures occurred in Phase II testing with the combination of 
high load (100/115/125 percent) and lower speed (100 km/h) than under 
the parameters of Phase 1 testing. In Phase 2, 7 of the 8 P-metric 
tires completed the test without any failures in any of the 5 samples 
of each brand tested. The 4 LT tires tested also performed well with 
one failure in the five samples in 3 of the 4 brands tested. One brand 
completed the test with all 5 tires completing the 50-hour test. The 
test conditions that produced the most failures in the P-metric tires 
were the higher load combinations at 120 km/h. These conditions, 
surprisingly, did not produce many failures in the LT tires tested.
3. Low Inflation Pressure Testing
    The agency also conducted a test at low inflation pressures (140 
kPa (20 psi) inflation pressure for P-metric tires), at a speed of 120 
km/h (75 mph) for a duration of 90 minutes, on the same tires (2 
samples of each of the 12 brands) that successfully completed the 
endurance test. The purpose of this test was to evaluate tire 
performance at a low inflation pressure threshold level, 20 psi, being 
proposed for tire pressure monitoring systems for light vehicles.\21\ 
Similar tests were performed using the LT tires, but at low inflation 
pressures values commensurate with 58 percent of their maximum 
inflation pressure. These low threshold values were selected based on 
the lowest inflation pressure at which a tire load is provided by the 
tire industry standardizing bodies. The test results indicate that all 
24 tires tested completed the 90 minute test low inflation pressure 
test without failure.
---------------------------------------------------------------------------

    \21\ In its recent TPMS NPRM, Docket No. NHTSA-2000-8572, the 
agency proposed two options for activation of the warning lamp: 1) 
20 percent below the recommended cold inflation pressure or 140 kPa 
(20 psi) whichever is higher; and 2) 25 percent below the 
recommended cold inflation pressure or 140 kPa (20psi), whichever is 
higher.
---------------------------------------------------------------------------

4. Conclusions From Testing Results
    In summary, the results of the high speed and endurance tests 
indicated that the agency can develop and propose test requirements 
that are realistic in terms of the test parameters, yet more stringent 
than the current FMVSS No. 109, FMVSS No. 119 requirements, European 
Regulation ECE R 30, GTS 2000, and RMA 2000. The proposed test 
requirements differentiate tires with better high speed and endurance 
performance from those with lesser performance. The low pressure 
validation tests indicate that tires that were able to successfully 
complete the endurance testing can also complete an additional 90-
minute test at a low inflation pressure, 140 kPa for P-metric tires, 
thus providing an adequate safeguard for consumers to take corrective 
action when the low pressure warning lamp proposed under the tire 
pressure monitoring system rulemaking is activated at a 
``significantly'' under-inflated level.

VI. Agency Proposal

A. Summary of Proposal

    The agency is proposing a single standard for light vehicle tires, 
FMVSS No. 139, New Pneumatic Tires for Light Vehicles, which would 
require light vehicle tires to meet a high-speed test, an endurance 
test, a low inflation pressure performance test, a resistance-to-bead 
unseating test, a road hazard impact/strength test, and an accelerated 
aging test. This standard would require tires for passenger cars, 
multipurpose passenger vehicles, trucks, buses and trailers with a 
gross vehicle weight rating (GVWR) of 4,536 kilograms (10,000 pounds) 
or less, manufactured on or after November 1, 2003, to comply with the 
test requirements. Therefore, this proposal is applicable to LT tires 
up to load range E.\22\ The following chart compares the types of test 
requirements that currently exist, those that have been suggested by 
third parties, and those are being proposed by this agency:
---------------------------------------------------------------------------

    \22\ This load range is typically used on large SUVs, vans, and 
trucks.

                       Table 1.--Comparison of Types of Tire Performance Requirements in Various Existing and Draft Tire Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Proposed FMVSS
              Tests                   FMVSS 109        FMVSS 119      GRRF Draft GTR      GTS-2000         RMA 2000         ECE R30            139
--------------------------------------------------------------------------------------------------------------------------------------------------------
High Speed.......................               X   ...............             X *       X                 X                X                X
Endurance........................               X                X              X *             X **                X   ...............               X
Low pressure performance.........  ...............  ...............  ...............  ...............  ...............  ...............               X
Strength; or Road Hazard Impact..               X                X   ...............  ...............  ...............  ...............               X
Bead Unseating...................               X   ...............           X ***   ...............  ...............  ...............               X
Accelerated Aging................  ...............  ...............  ...............  ...............  ...............  ...............              X
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Endurance test for radial tires rated ``Q'' and below. Identical testing parameters as FMVSS No. 109 Endurance Test.
** Endurance test for radial tires rated ``Q'' and below.
*** Identical testing parameters as FMVSS No. 109 Bead Unseating Test.
 Testing parameters have not been agreed upon by the ad hoc working group.


[[Page 10061]]

    Both the proposed High Speed Test and the Endurance test contain 
testing parameters (ambient temperature, load, inflation pressure, 
speed, and duration) that make the tests more stringent than those 
tests currently found in FMVSS Nos. 109 and 119, as well as the tests 
suggested by industry. Most significantly, the proposed High Speed test 
specifies test speeds (140, 150 and 160 km/h (88, 94, and 100 mph)) 
substantially higher than those specified in FMVSS No. 109 (120, 128, 
136 km/h (75, 80, 85 mph)). Likewise, the proposed Endurance Test 
specifies a test speed 50% faster (120 km/h (75 mph)) than that 
currently specified in FMVSS 109 (80km/h (50 mph)), as well as a 
duration 6 hours longer (40 hours total) than that currently specified 
in FMVSS 109 (34 hours total). At the specified test speed (120 km/h), 
the Proposed Endurance Test mileage (3,000) is almost double the 
mileage that a tire endures under the current Endurance Test (1,700 
miles at 80 km/h).
    The proposal also contains two alternative Low Inflation Pressure 
tests which seek to ensure a minimum level of performance safety in 
tires when they are underinflated to 140 kPa. The agency requests 
comments on which test is more appropriate to be included in the new 
standard.
    In place of the current strength test in FMVSS No. 109, the agency 
proposes that the new standard contain a Road Hazard Impact test which 
is modeled after a SAE recommended practice. This test, which simulates 
a tire impacting a road hazard, such a pothole or curb, provides both a 
more stringent and more real world test than the FMVSS No. 109 
``plunger test.''
    The proposal would also replace the current FMVSS No. 109 Bead 
Unseating Test with a new Bead Unseating test which is based on a test 
currently used by Toyota. Industry has previously recommended to the 
agency that the current bead unseating test be deleted from the 
standard because radial tires are easily able to satisfy the test. 
Results from the agency's 1997-1998 rollover testing, however, provide 
a strong rationale for upgrading, rather than deleting, the bead 
unseating requirement in FMVSS No. 109. The Toyota test uses test 
forces more stringent than those in current FMVSS No. 109 which were 
developed for bias ply tires and are typically not stringent enough for 
radial tires.
    To address the deterioration of tire performance caused by aging, 
the proposal contains three alternatives for an Aging Effects Tests. 
These tests, the Adhesion (Peel) Test, Michelin's Long-term Durability 
Endurance test, and Oven Aging all seek to expose tires to the type of 
failures experienced by consumers at 40,000 kilometers or beyond. The 
agency requests comments on which test is most appropriate to be 
included in the new standard.
    The proposal would also revise FMVSS Nos. 110 and 120 to reflect 
the applicability of the new standard and would revise certain of the 
tests in FMVSS Nos. 117 and 129 to ensure that all light vehicle tires 
are required to comply with the identical minimum performance 
requirements. Lastly, the proposal discusses NHTSA's ongoing and future 
Road Hazard Impact Test and Bead Unseating Test research plans, the 
lead time for implementation of the new tire standard, the use of 
shearography analysis, and the revision of the requirements for the 
test speeds in UTQG Temperature Grading Requirement to mirror those in 
the proposed High Speed Test.
    NHTSA believes that the proposed upgraded standard would specify 
more stringent and real-world, yet practicable, tests that would 
provide a higher level of operation safety and performance for tires on 
today's light vehicles.

B. Applicability

    FMVSS No. 139 would apply to new pneumatic tires for use on motor 
vehicles with a GVWR of 10,000 pounds or less, manufactured after 1975, 
except for motorcycles. Given the increasing consumer preference for 
light truck use for passenger purposes, the agency is proposing that 
the safety requirements for passenger car tires also be made applicable 
to LT tires (load range C, D, and E) used on light trucks.
    Currently, the performance requirements for LT tires in FMVSS No. 
119 are less stringent than the requirements for P-metric tires in 
FMVSS No. 109. LT tires are required to comply with a strength test and 
a low speed endurance test, but are not required to be tested to a high 
speed performance test or a resistance-to-bead unseating test as 
required under FMVSS No. 109. However, LT tires are increasingly used 
in the same type of on-road service as P-metric tires on light 
vehicles. Further, recent sales data for heavier light trucks indicate 
that the use of these tires on passenger vehicles will continue to 
increase in the near future.
    NHTSA is not proposing to require that FMVSS No. 139 apply to 
motorcycle tires because motorcycle tires are of a design and 
construction unlike the types of vehicle tires that would be subject to 
the proposed standard (e.g., tread, load carrying capacity) and 
motorcycle tires still often use inner tubes. Further, the agency is 
not currently aware of any safety problems associated with motorcycle 
tires.
    NHTSA is also not proposing to require that the new standard be 
applicable to tires beyond load range E, which are typically used on 
medium (10,001-26,000 lbs. GVWR) and heavy (greater than 26,001 lbs. 
GVWR) vehicles, and temporary spare tires,\23\ for two reasons. This 
rulemaking is required by the TREAD Act, and must be completed by June 
2002. To meet this statutory deadline, the agency has limited its tire 
upgrade research and analysis to conventional tires for light vehicles. 
The issues associated with upgrading performance standards for tires on 
medium and heavy vehicles and temporary spare tires are different from 
the issues associated with upgrading performance standards for 
conventional tires on light vehicles. For example, medium and heavy 
vehicles are equipped with tires that are much larger and have higher 
pressure levels than the tires used on light vehicles. Temporary spare 
tires are smaller, have higher inflation pressures, and are intended 
for shorter distance and lower speed driving than conventional light 
vehicle tires. Given the TREAD Act deadline on this rulemaking, the 
agency does not have the time to study and analyze sufficiently the 
different issues presented by medium and heavy vehicle tires and 
temporary spare tires. NHTSA will examine these types of tires after we 
have completed this rulemaking.
---------------------------------------------------------------------------

    \23\ For the purposes of this notice, a temporary spare tire is 
a compact tire intended for temporary use. It is typically labeled 
for limited durations and speeds.
---------------------------------------------------------------------------

C. Proposed Test Procedures

1. High Speed Test
    NHTSA proposes that the High Speed test be conducted using the 
following five parameters:
    (1) Ambient Temperature: 40 deg.C (104 deg.F).
    (2) Load: 85 percent.
    (3) Inflation Pressure: 220 kPa (32 psi) for standard P-metric 
tires; 320 kPa (46 psi), 410 kPa (60 psi), 500 kPa (73 psi), for LT 
tires load range C, D and E, respectively.
    (4) Speed: 140, 150, 160 km/h (88, 94, 100 mph).
    (5) Duration: 30 minutes for each speed.
    A tire complies with the proposed requirements if, at the end of 
the high speed test, there is no visual evidence of tread, sidewall, 
ply, cord, inner liner, or bead separation, chunking, broken cords, 
cracking, or open splices, and the

[[Page 10062]]

tire pressure is not less than the initial test pressure.
    The agency proposes a high speed test with three pre-selected 
speeds. This testing methodology is different from that in two 
alternatives which were considered by the agency: (1) GTS-2000, and (2) 
a high speed test using identical parameters to those proposed above, 
except that the test speeds are based on the rated speed of the tire 
(initial test speed (ITS), ITS + 10, ITS + 20, ITS + 30) for durations 
of 20 minutes at each speed step with a 10-minute warm-up from 0 km/h-
ITS.\24\
---------------------------------------------------------------------------

    \24\ Analysis of the results of the NHTSA's high speed testing 
at STL indicate that less than 25 percent of the p-metric tires 
would have failed the second alternative (3 of 8 p-metric brands had 
at least one failure in the five samples tested and for LT tires 
there was a 5% failure rate in the 5 tire brands tested).
---------------------------------------------------------------------------

    The methodology suggested by the tire industry in GTS-2000 for tire 
harmonization and the second alternative determines the test speed 
based on the tire's speed symbol rated speed. The following chart 
illustrates the rated speed in km/h for each speed symbol.

------------------------------------------------------------------------
                                                           Rated speed--
                      Speed symbol                             km/h
------------------------------------------------------------------------
F.......................................................              80
G.......................................................              90
J.......................................................             100
K.......................................................             110
L.......................................................             120
M.......................................................             130
N.......................................................             140
P.......................................................             150
Q.......................................................             160
R.......................................................             170
S.......................................................             180
T.......................................................             190
U.......................................................             200
H.......................................................             210
V.......................................................             240
W.......................................................             270
Y.......................................................             300
ZR......................................................           > 300
------------------------------------------------------------------------

    The initial test speed (ITS) in GTS-2000 is the rated speed of the 
tire minus 40 km/h. The test is conducted at the following speed steps: 
ITS, ITS+10 km/h, ITS+20 km/h, ITS+30 km/h and ITS+40 km/h. The final 
speed step, ITS+40 km/h, is identical to the rated speed of the tire. 
Similarly, the ITS in the second alternative is the rated speed of the 
tire minus 30 km/h. The test is conducted at the following speed steps: 
ITS, ITS+10 km/h, ITS+20 km/h, and ITS+30 km/h, with the final speed 
step being identical to the rate speed of the tire. Therefore, under 
both alternatives, each tire with a different speed rating is tested at 
different speeds during the high speed test.
    Historically, the agency establishes uniform minimum performance 
requirements for its safety standards for the item of motor vehicle 
equipment. Testing for compliance using the tire's rated speed differs 
from that philosophy since it does not establish a single absolute 
minimum requirement for all tires, but establishes a relative 
requirement based on each tire's maximum design capabilities.
    The agency's proposal, based on pre-selected test speeds and 
independent of the rated speed of the tire, establishes the same 
minimum requirement for all tires, regardless of the designed level of 
performance. We believe that such a methodology is equitable for all 
tire manufacturers and does not impose higher safety standard 
requirements on a tire with a higher level of performance.
    The following table illustrates an at-a-glance comparison of the 
other standards and suggestions discussed in this document.\25\
---------------------------------------------------------------------------

    \25\ FMVSS No. 119 does not currently include a high speed test 
for LT tires with a rim diameter above 14.5 inches.

                                                          Table 2.--High Speed Test Comparison
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Test parameters                   FMVSS 109               GTS 2000                RMA 2000                ECE 30           Proposed FMVSS 139
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ambient ( deg.C)...................  38....................  25....................  38...................  255......  40
Load (%):
    P-metric.......................  88....................  80....................  80...................  80...................  85
    LT.............................    ....................    ....................  90...................    ...................
Inflation Pressure (kPa):
    Standard load P-metric.........  220...................    ....................    ...................    ...................  220
    Extra load P-metric............  260...................    ....................    ...................    ...................  260
    LT load range C/D/E............    ....................    ....................  sidewall max.........    ...................  320/410/500
SpeedRating (Std/Extra):
    L,M,N..........................    ....................  240/280...............  240/280..............    ...................
    P,Q,R,S........................    ....................  260/300...............  260/300..............  260/300..............
    T,U,H..........................    ....................  280/320...............  280/320..............  280/320..............
    V..............................    ....................  300/340...............  300/340..............  300/340..............
    W,Y............................    ....................  320/360...............  320/360..............  320/360..............
Test speed * (km/h)................  120, 128, 136.........  0-ITS, ITS, +10, +20,   0-ITS, ITS, +10, +20,  ITS, +10, +20, +30...  140, 150, 160
                                                              +30.                    +30 +40.
Duration (mins)....................  90....................  60....................  60...................  60...................  90
--------------------------------------------------------------------------------------------------------------------------------------------------------
* For GTS-2000, RMA 2000, and ECE 30, initial test speed (ITS) is defined as the tire's rated speed minus 40 km/h.

    An explanation of the proposed parameters is provided below.
a. Ambient Temperature
    The proposed ambient temperature is 40 deg.C. This temperature is a 
slight increase over the temperature, 38 deg.C, currently specified in 
FMVSS No. 109. This temperature reflects the typical daytime 
temperatures in the South and Southwestern regions of the U.S. during 
the Summer. As discussed earlier, the highest rates of tire problems 
occurred in the southern states in the summertime.
b. Load
    The load proposed for the high-speed test is 85 percent. The load 
percent currently specified in FMVSS No. 109 is 88 percent. As 
discussed in greater detail below, decreasing the load from 88 percent 
to 85 percent increases the tire reserve needed by a vehicle under 
normal loading conditions from 12 percent to 15 percent, resulting in a 
larger margin of safety when a vehicle is loaded to its GVWR or its 
tires are underinflated.

[[Page 10063]]

    Changing the load from 88 percent to 85 percent in the high speed 
test would affect the current requirement in S4.2.2 of FMVSS No. 110 
which states that the vehicle normal load on the tire is to be no 
greater than the applicable load used in the high speed performance 
test. ``Tire reserve load'' refers to a tire's remaining load-carrying 
capability when the tire is inflated to the vehicle manufacturer's 
recommended inflation pressure and the vehicle is loaded to its gross 
vehicle weight rating (GVWR).\26\ When a tire is loaded to 88 percent 
of the maximum load labeled on the tire sidewall, the unused 12 percent 
is considered the reserve load of the tire under normal loading 
conditions (curb weight of the vehicle plus three occupants in a 
vehicle with a designated seating capacity of five or more.) A change 
from 88 percent to 85 percent load on the tire for the high speed test 
would, in essence, require a vehicle manufacturer to increase the 
reserve load under normal loading from 12 percent to 15 percent. This 
requirement may, in turn, necessitate the use of a larger tire size on 
some vehicles since the load limit on existing tires may not be 
sufficiently high to provide a load reserve of 15 percent of the tire's 
maximum rated load.
---------------------------------------------------------------------------

    \26\ A reserve load margin is provided by manufacturers to 
account for overloading of the vehicle, under-inflation of the 
tires, or both.
---------------------------------------------------------------------------

    In addition, the requirement for a 12 percent tire reserve under 
normal loading conditions currently applies only to passenger cars. 
This notice proposes to require light trucks for the first time to have 
a specified tire reserve under normal loading conditions. Light trucks 
would have to provide the same 15 percent reserve proposed for 
passenger cars.
    The agency also proposes revised language in FMVSS No. 110 to 
clarify that the test load that is compared with the vehicle normal 
load must be determined at the vehicle manufacturer's recommended cold 
tire inflation pressure, and not at the maximum tire load limit on the 
sidewall. The agency believes that since the vehicle normal load 
defines loading during normal operation of the vehicle, it is 
appropriate to require the load to be determined at the vehicle's 
recommended cold tire inflation pressure.\27\
---------------------------------------------------------------------------

    \27\ 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.
---------------------------------------------------------------------------

    Although 85 percent loading for the high speed testing of tires 
represents a slight decrease from the current 88 percent specification 
in FMVSS No. 109, test data from the agency's testing and from RMA 
testing indicate that tire failure is more sensitive to speed and 
inflation pressure than to loading variations in the 80 to 90 percent 
range.\28\ The agency believes that a speed increase from 75, 80 and 85 
mph to speeds up to 160 km/h (100 mph) would contribute to a more 
stringent test which would more than offset a small decrease in test 
load requirements. In Phase I of the agency's testing, 5 of 9 P-metric 
tires failed at 90 percent load and 2 of 9 failed at 80 percent. Phase 
II of the testing included testing of 8 P-metric tire brands, 5 samples 
each, at 80 and 85 percent loads, and with all other test parameters 
remaining constant (inflation pressure-220 kPa, 20-minute steps, speeds 
ITS to ITS + 30 km/h). In these tests, fewer tire failures occurred at 
85 percent load than at 80 percent load.\29\ At 85 percent load, 5 of 8 
tire brands had no tire failures in their 5 samples and the other three 
brands had at least one failure in the five samples. One brand 
experienced failures in all 5 samples tested to the high speed test. 
Four brands of LT tires were also tested and all samples for each of 
the brands completed the high speed test at 85 percent load without any 
failures. This testing appears to confirm that small increases in tire 
load have less of an impact on time to failure as compared with changes 
in inflation pressure and test speed.
---------------------------------------------------------------------------

    \28\ RMA's test data indicate that the time to failure for P235/
75R15 tires decreased by 4 minutes when the load was increased from 
80 percent to 90 percent. However, time to failure on the same type 
(brand, model, and size) tires decreased by 16 minutes when the 
inflation pressure was reduced by 9 psi.
    \29\ The agency reviewed the production dates for the tires 
tested to the above loads at 80 percent and 85 percent loads to 
determine whether the production dates of the tires may have 
affected the failure rates. No correlation between production date 
and failure at the lower load percentages is concluded because all 
of the tires were produced during 2000 and 2001. The agency 
concludes that a combination of minor quality differences in the 
tires, test procedures, and the relatively small (5 percent) load 
change may account for the fewer tire failures at the higher load 
factor.
---------------------------------------------------------------------------

c. Inflation Pressure
    The agency proposes a test inflation pressure of 220 kPa (32 psi) 
for all unrated and speed rated P-metric tires and 260 kPa for extra 
load tires. The proposed P-metric tire pressure is the same as that 
specified in FMVSS No. 109. The agency proposes the following inflation 
pressures for LT tires based upon their higher maximum inflation 
pressures: 320 kPa for load range C, 410 kPa for load range D, and 500 
kPa for load range E tires. During its testing, the agency incorrectly 
used 600 kPa as the maximum load rate inflation pressure for LT tires 
with load range ``E'', and calculated test pressures utilizing 600 kPa. 
Based on the Tire and Rim Association (T&RA) Yearbook, load range E 
tires have an inflation pressure of 550 kPa at its maximum load rating. 
Therefore, the test inflation pressures are revised accordingly.
    The proposed inflation pressures are based on surveys showing that 
tires are typically operated at some level of underinflation.\30\ Given 
the tire pressure survey data, the agency selected the proposed test 
pressures based on the level of underinflation experienced during 
normal vehicle operation. The 220 kPa value represents an under-
inflation of 20 kPa (3 psi) or 8 percent from the 240 kPa maximum 
inflation pressure, and 260 kPa represents an under-inflation of 20 kPa 
(3 psi) or 7 percent from the 280 kPa maximum inflation pressure.
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    \30\ A tire pressure survey conducted by Viergutz, et al., on 
8,900 tires in 1978 reported that almost 80 percent of all tires 
were under-inflated with approximately 50 percent under-inflated by 
4 psi (28 kPa) or more below the recommended pressure. The average 
amount of under-inflation recorded in this survey was approximately 
3.2 psi (22kPa) below the recommended amount. More recently, data 
from the 2001 NASS Tire Pressure Study, conducted on over 11,000 
vehicles, indicate that about 60 percent of P-metric tires used on 
passenger cars were under-inflated with about 40 percent being 
under-inflated by 3 psi or more below the recommended inflation 
pressure. For P-metric tires used on light trucks, about 70 percent 
were under-inflated, with about 50 percent under-inflated by 3 psi 
or more below the recommended inflation pressure.
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    Although 220 kPa is the same test pressure specified in FMVSS No. 
109, this test pressure, in conjunction with the new proposed test 
speeds, represents a more stringent test than that contained in FMVSS 
No. 109. Agency testing results indicate that 220 kPa is a test 
inflation pressure that would be appropriate for the high speed test 
given the parameters of speed, load and test duration.
    RMA suggested basing the test inflation pressure on the rated speed 
of the tire. Tires rated P, Q, R, and S would be tested at 260 kPa; 
tires rated T, U, and H are tested at 280 kPa; tires rated V are tested 
at 300 kPa; and tires rated W, Y, and Z are tested at 320 kPa.\31\ The 
agency believes that these inflation pressure values are too high for 
high speed testing because (1) they do not reflect values that are 
similar to the cold inflation pressures recommended by vehicle 
manufacturers, and (2) they do not correspond well with the real-world 
inflation pressures recently obtained

[[Page 10064]]

from the vehicles measured during a recent NHTSA sponsored consumer 
tire pressure survey.\32\ Further, the agency has stated in previous 
rulemakings that standard load tires with higher maximum inflation 
pressures (300 and 350 kPa) are not capable of carrying additional load 
at higher inflation pressures beyond 240 kPa. They should be tested at 
an inflation pressure similar to that of the 240 kPa maximum inflation 
pressure tires. (53 FR 17950, 5/19/88; 53 FR 936, 1/18/88)
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    \31\ In some cases, RMA's proposed test inflation pressures are 
higher than those labeled on the tire sidewall.
    \32\ In Spring 2001, the National Center for Statistics and 
Analysis (NCSA) conducted the 2001 National Automotive Sampling 
System (NASS) Tire Pressure Special Study (NASS Study) in response 
to the TREAD Act. The Preliminary Analysis of Findings, 2001 NASS 
Tire Pressure Special Study, dated May 4, 2001, has been placed in 
Docket No. NHTSA-00-8572. Data obtained as part of this study 
indicate that about 36 percent of passenger cars and 40 percent of 
light trucks had at least one tire that was at least 20 percent 
below the vehicle manufacturer's recommended cold inflation 
pressure. About 26 percent of passenger cars and 29 percent of light 
trucks had at least one tire that was least 25 percent below the 
vehicle manufacturer's recommended cold inflation pressure.
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d. Speed
    The proposed test speeds, 140, 150 and 160 km/h (88, 94, and 100 
mph) represent a substantially increased stringency from the test 
speeds currently used in FMVSS No. 109 and 119 for which tires are 
tested at 75, 80, and 85 mph for 30 minutes at each speed. This 
approach would more closely mirror the upper limit of real world 
operational speeds beyond which drivers have few opportunities to 
operate their vehicles and eliminate from production any tires whose 
production just achieved the lowest rung of Temperature resistance 
rating in our Uniform Tire Quality Grading System (UTQGS), ``C'' rated 
tires.
    The agency considered proposing a higher threshold test speed of 
180 km/h so that speed rated tires with a speed rating lower than ``S'' 
(180 km/h) would not have been able to comply with the high speed test. 
In the U.S., light vehicles are typically equipped with tires speed 
rated no lower than Q (160 km/h). GM suggested that the agency consider 
basing our test speed on the speed rating of the tire since many of 
their light trucks are equipped with LT tires rated Q and R, 160 km/h 
(100 mph) and 170 km/h (106 mph), respectively. NHTSA, however, 
believes that an upper test speed threshold of 160 km/h (100 mph) 
ensures a minimum level of safe operation that is 25-30 mph beyond 
typical speed limits on interstate highways in the U.S.
    Under the UTQG test procedure, a tire is rated C if it fails to 
complete the test at 100 mph for 30 minutes. The test is initiated at 
75 mph for 30 minutes and then successively increased in 5 mph 
increments for 30 minutes each until the tire has run at 115 mph for 30 
minutes. Therefore, tires with a temperature rating of C would be able 
to complete 30 minutes at speeds of 75, 80, 85, 90, and 95 mph (120, 
128, 136, 144, and 152 km/h), but not complete the 100-mph (160 km/h) 
step. NHTSA, as mentioned above, believes that testing at an upper test 
speed threshold of 160 km/h (100 mph) ensures a minimum level of safe 
operation.
    As discussed above, NHTSA used test speeds based on the speed 
rating of the tires for its high speed testing at STL (see the Tire 
Test Matrix in Docket No, NHTSA-00-8011-1). While representing a 
departure from the methodology of utilizing three predetermined test 
speeds (as proposed above and currently used in the FMVSS Nos. 109 and 
119 high speed tests), this approach is identical to that contained in 
ECE R 30, GTS-2000, RMA 2000, and in SAE Recommended Practice J15161, 
Laboratory Speed Test Procedure for Passenger Car Tires. NHTSA seeks 
comment on whether test speeds based on speed ratings would be more 
appropriate, than those proposed above, for the High Speed Test and, 
more specifically, whether the method for determining test speeds 
contained in NHTSA's high speed testing matrix or the two alternatives 
mentioned above would be appropriate for the High Speed Test in the 
final rule.
e. Duration
    NHTSA proposes a 30-minute test duration for each of the 3 speed 
steps, 140, 150, and 160 km/h. The total test time equals 90 minutes. 
The 30-minute duration allows the tire to attain and maintain its 
operating temperature at each speed step so that the tire's performance 
could be evaluated during a steady rate of speed for a duration longer 
than 10 minutes.
    Based on its testing, the agency believes that RMA 2000's 10 minute 
duration at each speed step (10 minute speed build-up from 0 km/h to 
ITS, then five 10 minute speed steps) is too short to provide a proper 
evaluation of high-speed performance. Very few failures occurred in the 
agency's testing using the 10-minute duration for speed steps. 
Additionally, RMA's recommendation reduces the duration currently 
specified in FMVSS No. 109 by almost 50 percent.
3. Endurance Test
    NHTSA proposes that the Endurance test be conducted using the 
following five parameters:
    (1) Ambient temperature: 40 deg.C.
    (2) Load: 90 percent, 100 percent, 110 percent.
    (3) Inflation Pressure--180 kPa (26 psi) for P-metric, 260 kPa (38 
psi), 340 kPa (50 psi), and 410 kPa (59 psi), for LT load range C, D 
and E, respectively.
    (4) Speed--120 km/h (75 mph).
    (5) Duration (hrs): 8, 10, 22 (total 40) at the corresponding loads 
listed above.
    A tire complies with the proposed requirements if, at the end of 
the endurance test, there is no visual evidence of tread, sidewall, 
ply, cord, inner liner, or bead separation, chunking, broken cords, 
cracking, or open splices, and the tire pressure is not less than the 
initial test pressure.
    This combination of these parameters for P-metric tires represents 
a more real-world test and an increase in stringency over FMVSS No. 
109's endurance test with an 18 percent increase in the duration, a 10 
percent increase in the load, and a 50 percent increase in speed.
    Two alternatives to the proposed test parameters were considered by 
the agency: (1) RMA 2000, and (2) an endurance test using identical 
parameters to those proposed above except for test loads at 100/110/115 
percent for durations of 8, 10, 32 (total 50).
    RMA 2000 includes no change in the load combination of 85/90/100 
percent and a 10-hour (almost 30%) decrease in duration from the 
current standard, FMVSS No. 109. The load and duration increase of the 
second alternative to a load combination of 100/110/115 and a 16-hour 
(almost 50%) increase in duration from FMVSS No. 109 would fail over 40 
percent of P-metric tires and 20 percent of LT tires tested.\33\
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    \33\ These results, based on NHTSA's endurance testing at STL, 
are discussed in more detail below.
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    The agency proposes an endurance test that has parameters different 
from the two alternatives in load and duration. The agency believes 
that, given the change in the composition of the light vehicle market 
in the U.S. over the past 10 years towards a greater proportion of 
light trucks and vans being used for passenger purposes, the load 
values for an endurance tire test should be increased up to 110 percent 
to reflect the greater likelihood of vehicle overloading that is more 
likely to occur with light trucks and vans than with passenger cars. 
Further, the agency believes that an increase in duration for the test 
is warranted reflecting the increased life of today's tires. The 
increase in duration from 34 hours to 40 hours combined with the 
proposed test speed of 120 km/h represents an increase in the total 
test distance from

[[Page 10065]]

2720 km (1700 miles) to 4800 km (3000 miles).
    The following chart illustrates an ``at-a-glance comparison'' of 
the proposed standard to the other standards and suggestions discussed 
in this document.\34\
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    \34\ For global harmonization, the tire industry recommended an 
endurance test for radial tires rated Q and below. The test 
parameters included a load of 100/110/115 percent at a speed of 80 
km/h. The agency's testing indicates that all the P-metric tires 
tested completed the industry's recommended test without any 
failures.

                                             Table 3.--Endurance Test
----------------------------------------------------------------------------------------------------------------
                                                                                                       New FMVSS
         Test parameters           FMVSS 109   FMVSS 119   GTS-2000 *    RMA 2000        ECE R30          139
----------------------------------------------------------------------------------------------------------------
Ambient ( deg.C)................          38          38            38          38  N/A                       40
Load (%):
    P-metric....................   85/90/100  ..........   100/110/115   80/90/100  N/A               90/100/110
    LT-load C/D.................  ..........   75/97/114  ............   75/97/114  N/A               90/100/110
    LT-load E...................  ..........   66/84/101  ............   70/88/106  N/A               90/100/110
Inflation Pressure (kPa):
    Standard load P-metric......         180  ..........           180         180  N/A                      180
    Extra load P-metric.........         220  ..........           220         220  N/A                      220
    LT-Load C/D.................  ..........        (**)  ............        (**)  N/A                  260/340
    LT-load E...................  ..........        (**)  ............        (**)  N/A                      410
Speed (km/h)....................          80          80            80         120  N/A                      120
Duration (hrs)..................          34          34            34          24  N/A                      40
----------------------------------------------------------------------------------------------------------------
* Endurance test recommended for GTS-2000 is only for radial tires rated ``Q'' and below.
** Sidewall max.

    The endurance testing conducted in Phase 1 of the agency's testing 
was performed at 120 km/h and 140 km/h, with loads of 100 percent, 115 
percent, and 125 percent for a total of 50 hours, and at inflation 
pressures of 160 kPa and 200 kPa. Many failures occurred at the 
combination of low inflation pressure (160 kPa) and high speed (140 km/
h). At a test speed of 120 km/h with an inflation pressure of 200 kPa, 
2 of the 9 P-metric tires failed to complete the 50 hour test.
    In Phase 2 of the testing, the agency tested with loading 
conditions of 100/110/115 percent, (identical to the load recommended 
by the tire industry for the endurance test in GTS-2000), 180 kPa 
inflation pressure, 120 km/h for 50 hours. For P-metric tires, 2 of the 
8 tire brands completed the test without any failures in their 5 
samples; the remaining tire brands experienced at least one failure in 
the five samples used during the test.
    Although neither phase of the endurance testing tested tires at 
exactly the same conditions as those proposed above, analysis conducted 
by the agency indicates that 19 of the 24 tires tested would pass the 
proposed endurance test. This analysis is contained in the PEA. NHTSA 
seeks comment on this analysis and whether the two alternatives 
mentioned above would be appropriate for the Endurance Test in the 
final rule.
    A more detailed explanation of the proposed parameters is discussed 
below.
a. Ambient Temperature
    The proposed ambient temperature is 40 deg.C. This temperature is a 
slight increase over the temperature, 38 deg.C, currently specified in 
FMVSS No.109, and reflects typical daytime temperatures in the South 
and Southwestern regions of the U.S. during the Summer months. As 
discussed earlier, the highest rates of tire problems occurred in the 
southern states in the summertime.
b. Load
    The proposed loads for the endurance test are 90, 100, and 110 
percent. These load percentages represent an approximate 10 percent 
increase over the load percentages specified for the endurance test in 
FMVSS No. 109 (85, 90, and 100 percent) and an increase over those 
recommended by RMA 2000.
    The load levels originally proposed by the tire industry in GTS-
2000 for P-metric tires rated Q or below were 100/110/115 percent at a 
test speed of 80 km/h. Given the increased use of light trucks and vans 
by the general public and the larger cargo volumes available in these 
vehicles, the agency believes that they are more likely to be operated 
in an overloaded condition than passenger cars. Our proposal for loads 
in the endurance test, 90/100/110 percent, reflects the need to 
increase the loads beyond the loads currently required in FMVSS No. 109 
but not to the levels proposed by industry in the original GTS-2000 
proposal. The RMA now supports a load combination of 85/90/100 percent 
for P-metric tires, which is identical to the test loads currently 
required for the endurance test in FMVSS No. 109, but at the higher 
speeds of 120 km/h, as proposed by the agency. The load combination 
proposed by RMA for LT tires with load C or D is 75/97/114 percent, and 
for load range E tires is 70/88/106 percent. The industry's endurance 
test proposal for P-metric and LT tires is based on a 24-hour test, 
which represents a 10-hour reduction in the endurance test time from 
FMVSS No. 109.
c. Inflation Pressure
    The inflation pressure of 180 kPa represents a 25 percent under-
inflation for 240 kPa maximum inflation pressure tires and is the same 
inflation pressure currently required for the endurance test in FMVSS 
No. 109. Tires tested to more severe levels of underinflation, e.g., 
160 kPa, failed much sooner into the 50-hour endurance test than those 
tested at 180 kPa.
d. Speed
    The proposed test is conducted at 120 km/h (75 mph). The current 
endurance test in FMVSS 109 is conducted at 80 km/h (50 mph). A 80 km/h 
test speed

[[Page 10066]]

may have been an appropriate test speed in 1968 when initially proposed 
for bias ply tires. However, today, it is too low a speed for 
evaluating the endurance of today's tires given current vehicle 
performance capabilities and speed limits.\35\ In addition, speed 
limits on interstate highways across the U.S. have reached as high as 
75 mph, with actual vehicle traffic speeds typically at least several 
miles per hour above the posted speed limit.
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    \35\ According to Automotive News (5/14/01), ``since 1981, 
average horsepower has risen 79 percent and vehicle weight has grown 
21 percent.'' The power to weight ratio has increased over the past 
10 years based on data on selected mid-priced Ford, Chevrolet, 
Pontiac, Toyota, and Honda vehicles ranged from about 70 to 90 
horsepower (HP) per ton. (Ward's Automotive Yearbooks, 1990 and 
2000). In 1995, the federally-mandated 55 mph speed limit was 
repealed. Since that time, numerous States have increased speed 
limits up to 75 mph.
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e. Duration
    NHTSA is proposing a 40-hour test at 120 km/h. The total test 
distance is 4800 km (3000 miles), which is almost double the distance 
for the current endurance test in FMVSS No. 109 (1700 miles at 80 km/
h). The proposed test duration represents a slight increase from the 
current 34-hour te