[Federal Register: December 19, 2001 (Volume 66, Number 244)]
[Proposed Rules]
[Page 65535-65567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de01-11]
[[Page 65535]]
-----------------------------------------------------------------------
Part II
Department of Transportation
-----------------------------------------------------------------------
National Highway Traffic Safety Administration
49 CFR Parts 567, 571, 574, and 575
Tire Safety Information; Proposed Rule
[[Page 65536]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567, 571, 574 and 575
[Docket No. NHTSA-01-11157]
RIN 2127-AI32
Tire Safety Information
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: In response to the Transportation Recall Enhancement,
Accountability, and Documentation (TREAD) Act of 2000, this document
proposes to establish a new Federal Motor Vehicle Safety Standard that
contains provisions to improve the labeling of tires to assist
consumers in identifying tires that may be the subject of a safety
recall. It also contains proposals for providing other consumer
information to increase public awareness of the importance and methods
of observing motor vehicle tire load limits and maintaining proper tire
inflation levels for the safe operation of a motor vehicle. The
proposals would apply to all new and retreaded tires for use on
vehicles with a gross vehicle weight rating of 10,000 pounds or less
and to all vehicles with a gross vehicle weight rating of 10,000 pounds
or less, except for motorcycles and low speed vehicles. NHTSA will also
be proposing upgraded safety performance requirements for tires in a
forthcoming proposal, which would also be included in this new
standard.
DATES: Written comments may be submitted to this agency and must be
received by February 19, 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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.
Roger Kurrus, Office of Planning and Consumer Programs. Telephone:
(202) 366-2750. Fax: (202) 493-2290. Mr. Joseph Scott, Office of Crash
Avoidance Standards, Telephone: (202) 366-2720. Fax: (202) 366-4329.
For legal issues: Nancy Bell, Attorney Advisor, Office of the Chief
Counsel, NCC-20. Telephone: (202) 366-2992. Fax: (202) 366-3820.
All of these persons may be reached at the following address:
National Highway Traffic Safety Administration, 400 Seventh Street,
SW., Washington DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Existing Labeling Requirements
A. Generally
B. Tire Identification Number (TIN)
C. Other Labeling
IV. Current Safety Problem--Inadequacy of Existing Labeling
Requirements
A. Difficulty Locating the TIN
B. Lack of Consumer Knowledge of Correct Tire Inflation Pressure
C. Safety Problems Associated with Tires
V. Agency Response to Safety Problem
A. Prior Agency Rulemaking Efforts
B. December 2000 Advanced Notice of Proposed Rulemaking (ANPRM)
C. Summary of Public Comments on the ANPRM
1. General Consumer Knowledge and Behavior/Availability of
Information to Consumers
2. TIN Information a. Location b. Content and Readability
3. Other Tire Labeling Information
a. Load Ratings
b. Plies and Cord Material
c. Tread Wear Indicator
d. Uniform Tire Quality Grading System (UTQGS)
e. Speed Rating
f. Run-Flat and Extended Mobility Tires
g. Retreaded Tires
h. Tire Inflation Pressure
i. Dissemination of Tire Safety Information
j. Motorcycles and Trailers k. Font Height for Labeling
Information
4. Harmonization Issues
5. Other Comments
D. Focus groups
VI. Agency Proposal
A. Summary of Proposal
B. Applicability
C. Proposed Labeling Requirements
1. Tire Markings
2. TIN
3. Placard Content and Format
4. Placard Location
5. Owner's Manual
D. Other Issues
1. Modification to FMVSS Nos. 110 and 120
2. Rim Size and Type Designation for Light Trucks and
Multipurpose Passenger Vehicles
3. Maximum Inflation Pressure
4. UTQGS
5. Consumer Information Campaign
6. Point-of-Sale Information
7. Vehicle Certification Labels
8. International Harmonization
9. Organization of Tire Labeling Information
VII. Request for Comments on Particular Issues
VIII. Benefits
IX. Costs
X. Effective Date
XI. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and
Procedures
B. Regulatory Flexibility Act
C. National Environmental Policy Act
D. Executive Order 13132 (Federalism)
E. Unfunded Mandates Act
F. Civil Justice Reform
G. Paperwork Reduction Act
H. Plain Language
XII. Submission of Comments
XIII. Proposed Regulatory Text
I. Executive Summary
The agency is proposing to establish a new standard that would
contain revisions to the agency's existing tire labeling requirements,
as well as contain revisions to its current regulations to improve tire
information for light vehicles and light vehicle tires and its
availability and understandability to consumers. As used in this
document, ``light vehicles'' are vehicles (except motorcycles and low
speed vehicles (LSVs)) with a gross vehicle weight rating (GVWR) of
10,000 pounds or less. The new standard will also contain requirements
and test procedures addressing various aspects of tire performance. The
agency will be issuing a separate NPRM that proposes these performance
requirements and procedures. Today's NPRM concerns the labeling and
other informational requirements.
Today's proposed amendments address the following aspects of tire
and vehicle labeling: Tire markings, the Tire Identification Number
(TIN), vehicle placard content and format, placard location, and
owner's manual information. The proposal would extend all passenger car
labeling requirements, including those requiring the labeling of
combined occupant and cargo weight capacity and designated seating
positions, to light trucks and multipurpose passenger vehicles (MPVs)
with a GVWR or 10,000 pounds or less. The proposal is substantially
based on NHTSA's activities undertaken in response to the
Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act of 2000, including publication of an ANPRM, consideration
of comments in response to the ANPRM, data gathering and analysis, and
NHTSA sponsored focus groups.
NHTSA proposes that the TIN, size designation, maximum permissible
inflation pressure, and maximum load rating be placed on both sides of
light vehicle tires. The Firestone tire recalls last year highlighted
the difficulty that
[[Page 65537]]
consumers have in determining whether a tire is subject to a recall
when the tire is mounted so that the sidewall bearing the TIN and size
designation faces inward, i.e., underneath the vehicle. Requiring the
TIN and size designation to be on both sides would ensure that that
information would be on the sidewall facing outward, regardless of how
the tire is mounted. Requiring that the other items of information be
on both sidewalls would aid consumers in maintaining their tires and
loading their vehicles.
NHTSA is proposing two changes to the TIN. First, the agency
proposes to require a re-ordering of information in the TIN so that the
first six characters would contain the information required for
determining whether a particular tire is subject to a recall. The first
two characters would reflect the plant code, and the next four
characters would reflect the date code. Second, the agency proposes to
require that each character be 6 mm (\1/4\") high. The agency believes
that a requirement for a uniform TIN font size would significantly
improve the readability of the TIN.
The agency proposes four sets of revisions for the presentation of
tire inflation pressure and load limit information on the vehicle
placard currently required for passenger cars by S4.3 of Sec. 571.110
and to be required for all light vehicles with a GVWR of 10,000 pounds
or less under this proposal.\1\ This placard, permanently affixed to
the glove compartment door or an equally accessible location, currently
displays the vehicle capacity weight, the designated seating capacity
(expressed in terms of total number of occupants and in terms of
occupants for each seat location), the vehicle manufacturer's
recommended cold tire inflation pressure for maximum loaded vehicle
weight, and the manufacturer's recommended tire size designation.
---------------------------------------------------------------------------
\1\ FMVSS No. 120 currently requires that each motor vehicle
other than a passenger car show, on the label required by
Sec. 567.4, or on a tire information label (S5.3.2(b)), the
recommended tire size designation appropriate for the GAWR, the tire
size and type designation of rims appropriate for those tires, and
the recommended cold inflation pressure for those tires such that
the sum of the load ratings on the tires on each axle (when the
tire's load carrying capacity at the specified pressure is reduced
by dividing 1.10, in the case of a tire subject to FMVSS No. 109,
i.e., a passenger car tire) is appropriate for the GAWR.
---------------------------------------------------------------------------
First, the agency proposes that tire inflation pressure information
would be visually separated by a red colored border on the vehicle
placard or, alternatively, be placed on a separate tire inflation
pressure label. The vehicle placard would contain only the information
required by the proposed information specified in the proposed version
of S4.3 (paragraphs (a)-(e)).\2\ This information would not be combined
with other labeling or certification requirements. The vehicle placard
would also meet the proposed color and content requirements as
discussed below.
---------------------------------------------------------------------------
\2\ (a) Vehicle capacity weight expressed as ``THE COMBINED
WEIGHT OF OCCUPANTS AND CARGO SHOULD NEVER EXCEED XXX POUNDS'';
(b) Designated seating capacity (expressed in terms of total
number of occupants and in terms of occupant for each seat
location);
(c) Vehicle manufacturer's recommended cold tire inflation
pressure;
(d) Tire size designation for the tire installed as original
equipment on the vehicle by the vehicle manufacturer; and
(e) ``SEE OWNER'S MANUAL FOR ADDITIONAL INFORMATION'.
---------------------------------------------------------------------------
Second, the agency also proposes that the tire inflation pressure
label and vehicle placard meet the following three requirements: (1)
The tire inflation pressure information on the placards would be in
color--red, yellow, and black on a white background, (2) contain a
black and white tire symbol icon in the upper left corner of the
placards, 13 millimeters (.51 inches) wide and 14 millimeters (.55
inches), and (3) the placard and label would both include the phrases
``Tire Information'' and ``See Owner's Manual For Additional
Information'' in yellow text on a black background.
Third, the agency proposes to replace the vehicle capacity weight
statement on the vehicle placard with the following sentence: ``[t]he
combined weight of occupants and cargo should never exceed XXX
pounds.'' The ``XXX'' amount would equal the ``vehicle capacity
weight'' of the vehicle as defined in FMVSS No. 110. The information is
the same as that currently required to be placed on the vehicle placard
by manufacturers. However, the agency believes that the statement ``the
combined weight of occupants and cargo should never exceed * * *'' is
easier for consumers to comprehend than a technical phrase such as
``vehicle capacity weight.'' ``Vehicle capacity weight'' is not
intuitive to consumers and it requires a vehicle operator to look to
the owner's manual or standard to understand which factors are included
in the calculation of the sum/amount on the placard.
Fourth, the agency proposes to replace the vehicle's recommended
tire size designation with the tire size designation for the tire
installed as original equipment on the vehicle by the vehicle
manufacturer. While in most instances these two numbers would be
identical, this minor revision insures that the consumer is provided
with the correct tire inflation pressure information for the tire size
actually installed on his vehicle as original equipment by the
manufacturer.
We are proposing these placard changes in response to survey data
which indicate that consumers need assistance in locating recommended
tire pressures for their vehicle's tires and understanding load limits.
The use of colors and a visual cue, such as a tire symbol icon, would
aid drivers in noticing and locating this imperative information. By
expressing the vehicle's load limit in easily recognizable terms such
as ``passenger and cargo weight'', as opposed to ``vehicle capacity
weight'' the proposed placard revisions would also aid consumers in
understanding and adhering to load limit guidelines.
The agency proposes that the placard and/or label containing tire
inflation pressure by tire size and other required information
specified in S4.3 of FMVSS No. 110 be located on the driver's side B-
pillar. If a vehicle does not have a B-pillar, then the placard and/or
label would be placed on the edge of the driver's door. Currently, S4.3
of 571.110 specifies that the vehicle placard be affixed to the glove
compartment door or an equally accessible location. A standardized
location for tire information placards and labels would contribute to
consumer awareness of recommended tire inflation pressures and load
limits.
The agency proposes that owner's manuals for light vehicles contain
discussion of the following five subject areas: (1) Tire labeling, (2)
recommended tire inflation pressure, (3) glossary of tire terminology,
(4) tire care, and (5) vehicle load limits. A single, reliable source
containing the proposed required information for the tires and tire
safety information listed above would aid consumers by providing to
them, in one centralized location, the information that they need to
properly maintain their tires and adhere to recommended load limits.
Finally, the agency proposes 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 with a GVWR of 10,000 pounds or less, and
revising FMVSS Nos. 117, Retreaded pneumatic tires, 49 CFR 571.117, and
129, New non-pneumatic tires for passenger cars, 49 CFR 571.129, to
replace the labeling requirements contained therein with those
specified in the proposed new light vehicle tire standard.
[[Page 65538]]
NHTSA believes that this proposal would result in minimal costs for
tire and manufacturers. NHTSA estimates that the added cost for
labeling tires under this proposal would equal $0.01 per tire or less.
Vehicle labeling, including vehicle placards for passenger cars and
owner's manual information for light vehicles, is already required.
Therefore the cost of labeling the tire, printing new or revised
placards and/or tire inflation labels, the owner's manual pages and
installation of the placard and/or tire inflation pressure label should
be minimal. The only costs would be one-time costs to change production
for the new vehicle placard and/or tire inflation pressure label, the
application of the vehicle placard and/or tire inflation pressure label
to all light vehicles, not only passenger cars, and the new owner's
manual pages. NHTSA estimates that, adding the total tire and vehicle
manufacturing costs together, the total annual costs equal
approximately $5.5 million.
NHTSA believes that this proposal would be effective in increasing
public awareness of tire safety, particularly the understanding and
maintenance of proper tire inflation and load limits. This proposal
will also enable consumers to more easily identify the TIN and other
tire information for recalls and other notifications. The proposal will
standardize the location and content of important information relating
to proper inflation and load limits and other tire safety concerns.
These measures, by increasing consumer knowledge and awareness, should
result in reduced tire failures and tire related crashes, and therefore
fewer deaths and injuries.
II. Background
The Transportation Recall Enhancement, Accountability, and
Documentation (TREAD) Act of 2000, Pub. L. 106-414, requires the agency
to address numerous matters through rulemaking. One of these matters,
set forth in section 11 of the Act, is the improvement of the labeling
of tires required by section 30123 of title 49, United States Code, to
assist consumers in identifying tires that may be the subject of a
recall. Section 11 provides that the agency must initiate a rulemaking
proceeding for that purpose within 30 days after the enactment of the
Act and must complete it not later than June 1, 2002.
Additionally, that section provides that the agency may take
whatever additional action it deems appropriate to ensure that the
public is aware of the importance of observing motor vehicle tire load
limits and maintaining proper tire inflation levels for the safe
operation of a motor vehicle. Section 11 states that such additional
action may, for example, include a requirement that the manufacturer of
motor vehicles provide the purchasers of the motor vehicles information
on appropriate tire inflation levels and load limits if the agency
determines that requiring such manufacturers to provide that
information is the most appropriate way that information can be
provided.
On December 1, 2000, this agency published an Advance Notice of
Proposed Rulemaking (ANPRM) (65 FR 75222), as required by the TREAD
Act, announcing our plans to (1) improve the labeling of tires, (2)
assist consumers in identifying tires that may be the subject of a
recall, and (3) ensure that the public is aware of the importance of
observing motor vehicle tire load limits and maintaining proper tire
inflation levels for the safe operation of a motor vehicle.
Specifically, we discussed tire label requirements and prior
rulemakings, as well as presented a number of questions for public
comment on issues such as general consumer knowledge and behavior,
availability of information to consumers, and Tire Identification
Number (TIN) information and location.
III. Existing Labeling Requirements
A. Generally
NHTSA's existing labeling requirements for new passenger car tires
are set forth in Federal Motor Vehicle Safety Standard (FMVSS) No. 109,
New Pneumatic Tires--Passenger Cars (49 CFR 571.109). Specifically,
section S4.3 of FMVSS No. 109 sets forth information labeling
requirements for tires, including requirements regarding the
positioning of the information on the sidewall to ensure that it is
readily visible and to minimize the possibility that it will be scuffed
off if the sidewall hits a curb or similar object. It provides that the
information listed in paragraphs S4.3 (a) through (e) (e.g., number of
plies and maximum permissible inflation pressure) must appear, on at
least one sidewall, in an area between the maximum section width and
the bead of the tire, unless the maximum section width of the tire
falls between the bead and one-fourth of the distance from the bead to
the shoulder of the tire. For tires for which the maximum section width
falls in that area, all required labeling must be located between the
bead and a point one-half the distance from the bead to the shoulder of
the tire.\3\ Section S4.3.1 and S4.3.2 provide more extensive location
requirements for other information (e.g., the DOT certification and the
name of the manufacturer or brand name and number assigned to the
manufacturer) to be placed on car tires. They provide that the labeling
must be done in the manner specified in Part 574.5.
---------------------------------------------------------------------------
\3\ The agency initially addressed the problem of labeling tires
whose maximum section width is close to the bead in a 1985
rulemaking regarding tires for vehicles other than passenger cars.
(49 FR 37816; September 26, 1984 and 50 FR 10773; March 18, 1985).
That rulemaking amended part 574, Tire Identification and
Recordkeeping (49 CFR 574.4) and FMVSS No. 119, New Pneumatic Tires
for Motor Vehicles Other Than Passenger Cars (49 CFR 571.119) to
permit placing markings at a different location in order to permit
the introduction of a new tire concept for vehicles other than cars
where the tire's maximum section width is at the bead. In
particular, Figure 1 of part 574 was amended to specify the
requirements for the label's position if a tire's maximum section
width falls within one-fourth of the distance from the bead to the
tire shoulder. In that case, a marking must appear between the bead
and a point one half the distance from the bead to the shoulder of
the tire. Amending part 574 had the practical effect of applying the
new requirement to section S4.3.1 and S4.3.2 of FMVSS No. 109, given
that these provisions state that the tires must be labeled ``in the
manner specified in part 574.'' However, the 1985 final rule did not
amend the labeling requirements for car tires in section S4.3 of
FMVSS No. 109. Nevertheless, the notice did expressly amend section
S6.5 of FMVSS No. 119. A subsequent rulemaking (55 FR 41190; October
10, 1990) amended FMVSS No. 109 to facilitate the use of this new
tire technology.
---------------------------------------------------------------------------
NHTSA's labeling requirement for retreaded passenger car tires is
set forth in FMVSS No. 117, Pneumatic Retreaded Tires (49 CFR 571.117).
FMVSS No. 117 requires that each newly retreaded passenger car tire
have molded into its sidewalls information similar to that required in
FMVSS No.109, plus the words bias, or bias belted, or radial, as
applicable. FMVSS No. 117 does not, though, require that the name of
the manufacturer or brand name and number assigned to the manufacturer
be placed on retreaded tires as is required on new passenger vehicle
tires by FMVSS No. 109.
NHTSA's labeling requirements for new tires for vehicles other than
passenger cars are set forth in FMVSS No. 119, New Pneumatic Tires for
Vehicles other than Passenger Cars (49 CFR Sec. 571.119). Paragraph
S6.5 of FMVSS No. 119 specifies that all tires for vehicles other than
passenger cars must have certain markings on the sidewalls. Among other
things, these tires must show the actual number of plies in the tire,
the composition of the ply cord material (S6.5(f)), and a letter
designating the load range (S6.5(j)). S6.5 also provides that the
designated information must appear, on at least one sidewall, in an
area between the maximum section width and bead of the tire, unless the
maximum section width of the tire falls between the bead and one-fourth
of the distance from the bead
[[Page 65539]]
to the shoulder of the tire. For tires for which the maximum section
width falls in that area, all required labeling must be located between
the bead and a point one-half the distance from the bead to the
shoulder of the tire. Additionally, section S6.5(b) requires that each
tire be marked with the tire identification required by part 574 of
this chapter and that this number may be marked on only one sidewall.
NHTSA's labeling requirements for new temporary spare non-pneumatic
tires for passenger cars are set forth in FMVSS No. 129, New non-
pneumatic tires for passenger cars (49 CFR 571.129). The FMVSS No. 129
labeling requirements are similar to those set forth in section S4.3 in
FMVSS No. 109 for size designation, load, rating, rim size and type
designation, manufacturer or brand name, certification, and tire
identification number. The standard also includes temporary use and
maximum speed labeling requirements (which provide an extra margin of
safety relating to the handling and braking of these tires) and allows
methods of permanent marking other than ``molding'' in anticipation of
the difficulty of molding required information on non-pneumatic tire
designs. Paragraph S.4 of FMVSS No. 129 specifies that each non-
pneumatic tire must have certain markings on the sidewalls including
the non-pneumatic tire identification code (NPTIC), the load rating,
and the tire identification number required in Part 574. These labeling
requirements also specify that the labeling information must appear on
both sides of the tire, except, in the case of a tire that has a
particular side that must always face outward where the information
must appear on the outward facing side.
B. Tire Identification Number (TIN)
Section 574.5 of Title 49, CFR, Tire Identification Requirements,
sets forth the methods by which new tire manufacturers and new tire
brand name owners must identify tires for use on motor vehicles.\4\ The
section also sets forth the methods by which tire retreaders and
retreaded tire brand name owners must identify tires for use on motor
vehicles. The purpose of these requirements is to facilitate efforts by
tire manufacturers to notify purchasers of defective or nonconforming
tires and by such purchasers to identify those tires so that purchasers
can take appropriate action in the interest of motor vehicle safety.\5\
---------------------------------------------------------------------------
\4\ NHTSA originally proposed these requirements in response to
the May 22, 1970 amendments to the National Traffic and Motor
Vehicle Safety Act of 1966, Pub. L. 89-563, originally 15 U.S.C.
1581 et seq. (Codified in 1995 and now found at 49 U.S.C. 30101 et
seq.). Those amendments, among other things, required manufacturers
and brand name owners of new and retreaded motor vehicle tires to
maintain records of the names and addresses of the first purchasers
of tires (other than dealers or distributors) in order to facilitate
notification of such purchasers in the event tires were found to be
defective or not to comply with applicable Federal motor vehicle
safety standards.
\5\ The agency believed that an effective method of tire
identification was essential to an effective defect or noncompliance
notification system for tire owners. Accordingly, on July 23, 1970,
NHTSA published a Notice of Proposed Rulemaking (NPRM) (35 FR 11800)
proposing to establish a tire identification system to provide a
means to identify the manufacturer of the tire, the date of
manufacture, the tire size, and, at the option of the manufacturer,
additional information to further describe the type or other
significant characteristics of the tire. The agency proposed a TIN
composed of four groups of figures: the first group would contain
the manufacturer's identification mark which would be assigned by
NHTSA; the second group would identify the tire size; the third
group would identify the date of manufacture of the tire; and the
fourth group would be the manufacturer's optional description of the
tire. The figures would be a minimum of \1/4\ inch high and would
appear on both sidewalls of the tire.
In a final rule published on November 10, 1970 (35 FR 17257),
the agency revised the requirements proposed in the NPRM in response
to the suggestions of various commenters. Specifically, NHTSA
reversed the order of the manufacturer's optional information and
the date of manufacture, so that the latter would appear in the
fourth grouping and the manufacturer's optional information would
appear in the third grouping. NHTSA also stated that the tire
identification number need only appear on one sidewall in response
to concerns relating to worker safety, and that the figures need
only be \5/32\ inch high on tires with a bead diameter of less than
13 inches. Many commenters requested that the date code be expressed
in alpha-numeric form in order to reduce the date figures to two
digits. NHTSA declined to adopt the alpha-numeric system because it
could be confusing to the public and because retreaders may not be
able to easily determine the age of the casing to be retreaded. In
order to shorten the stencil plate, however, NHTSA dropped one of
the two digits representing the decade of manufacture, thereby
reducing the date of manufacture group from four digits to three.
The date of manufacture grouping was later expanded to four digits.
(64 FR 36807; July 8, 1999)
---------------------------------------------------------------------------
Specifically, 574.5 requires each new tire manufacturer and each
tire retreader to mold a TIN into or onto the sidewall of each tire
produced, in the manner and location specified in the section and as
depicted in Figures 1 and 2 of that section. The TIN is composed of
four groups:
1. The first group represents the manufacturer's identification
mark assigned to such manufacturer by this agency in accordance with
Sec. 574.6;
2. The second group represents the tire size for new tires; for
retreaded tires, the second group represents the retread matrix in
which the tire was processed or, if no matrix was used, a tire size
code;
3. The third group may, at the option of the manufacturer, be used
as a descriptive code for identifying significant characteristics of
the tire. If the tire is produced for a brand name owner, the third
grouping must identify such brand name owner; and
4. The fourth group identifies the week and year of manufacture.
The first two figures identify the week, starting with ``01'' to
represent the first full week of the calendar year; the second two
figures represent the year. For example, ``2198'' represents the 21st
week of 1998.\6\
---------------------------------------------------------------------------
\6\ In response to petitions for a rulemaking, the agency
amended NHTSA's tire identification and recordkeeping regulation in
1999 to require the date of manufacture to be expressed in four
digits, instead of the previously required three, so that consumers
would be able to determine the decade of manufacture of their tires.
(64 FR 36807; July 8, 1999) This rule also reduced the minimum size
of the digits from the then currently required minimum of 6
millimeters (mm) (\1/4\ inch) to 4 mm (\5/32\ inch) to relieve the
manufacturers and retreaders of the burden they might otherwise have
incurred by having to redesign their tire molds to accommodate the
additional digit.
In that rulemaking, all commenters supported adding a fourth
digit to the date code. Two of the commenters, though, opposed
reducing the size of the numbers in the TIN on the basis that such
reduction would make it more difficult for consumers to see,
especially those with visual pathologies. These commenters did not,
however, provide any data showing that drivers cannot read 4 mm
figures. NHTSA said that its experience to date with 4 mm figures on
tires suggest that figures of that size do not present a problem.
(It should be noted that many tire manufacturers actually use
figures larger than 4 mm for the date code. As discussed in the
final rule, 4 mm is approximately the equivalent of font size 16 in
Windows 95, which is approximately double the font size used in the
Federal Register and also approximately double the size of the
largest letters found on the U.S. quarters being minted then.
Additionally, this agency pointed out that the size of the UTQGS
tire grades marked on tire sidewalls has always been 4 mm (\5/32\
inch) and the agency had not received any complaints that those
letters or numbers were too small to read. Finally, Part 574 permits
tires of less than 13 inches in diameter or those that have less
than a 6-inch cross section width to have a letter/number size of 4
mm. Again, the agency had not received any complaints about the size
of those letters/numbers.
---------------------------------------------------------------------------
C. Other Labeling
Labeling requirements are also contained in 49 CFR part 567,
Certification, 49 CFR part 575, Consumer Information Regulations, FMVSS
No. 110, Tire Selection and Rims, applicable to passenger cars and to
non-pneumatic spare tire assemblies for use on passenger cars, and
FMVSS No. 120, Tire Selection and Rims for Motor Vehicles Other Than
Passenger Cars.
Section 567.4 requires vehicle manufacturers to affix to each
vehicle a label bearing, among other things, the Gross Vehicle Weight
Rating (GVWR), which must not be less than the sum of the unloaded
vehicle weight, rated cargo load, and 150 pounds times the vehicles
[[Page 65540]]
rated seating capacity; and the Gross Axle Weight Rating (GAWR), which
is the value specified by the manufacturer as the load carrying
capacity of a single axle system.
Section 30123(e) of Title 49, U.S. Code, requires the Secretary of
Transportation to prescribe a uniform quality grading system for motor
vehicle tires to help consumers make an informed choice when purchasing
tires. NHTSA implemented this statutory mandate by issuing the Uniform
Tire Quality Grading System (UTQGS) at 49 CFR 575.104, applicable to
new passenger car tires. The UTQGS require passenger car and tire
manufacturers and tire brand name owners to provide consumers with
information with respect to the treadwear,\7\ traction,\8\ and
temperature resistance \9\ performance of their tires. UTQGS
information is required to be provided on two locations on the tire: a
paper label affixed to the tread, and molded into the sidewalls.
Excluded from the UTQGS are deep-tread, winter-type snow tires, space-
saver or temporary-use spare tires, tires with nominal rim diameters of
12 inches or less and limited production tires as described in 49 CFR
575.104(c)(2).
---------------------------------------------------------------------------
\7\ The treadwear grade is a comparative rating based on the
wear rate of the tire when tested under controlled conditions. For
example, a tire graded 200 should have its useful tread last twice
as long as a tire graded 100.
\8\ Traction grades represent the tire's ability to stop on wet
pavement as measured under controlled conditions on asphalt and
concrete test surfaces. The traction grades from highest to lowest,
are ``AA'', ``A'', ``B'' and ``C''. A tire graded ``AA'' may have
relatively better traction performance than a tire graded ``A'',
``B'' or ``C'', based on straight ahead braking tests. The grades do
not reflect the cornering or turning traction performance of the
tires.
\9\ Temperature grades represent the tire's resistance to heat
and its ability to dissipate heat when tested under controlled
laboratory conditions. Sustained high temperature can cause the tire
to degenerate and reduce tire life, and excessive temperature can
lead to sudden tire failure. The temperature grades from highest to
lowest are ``A'', ``B'' and ``C''. The grade ``C'' corresponds to
the minimum performance required by FMVSS No. 109. The temperature
grade is for a tire that is inflated properly and not overloaded.
---------------------------------------------------------------------------
Section 575.6(a) of Title 49, CFR, requires that when a motor
vehicle is delivered to the first purchaser for purposes other than
resale, the vehicle manufacturer must provide, in writing and in the
English language, the information specified in Section 575.103
applicable to that vehicle, and in the owner's manual, the information
specified in Section 575.104.\10\ Section 575.104(d)(1)(iii) requires
vehicle manufacturers to list all possible grades for traction and
temperature resistance and restate verbatim the explanation of each of
the three graded aspects of performance. The information must also
contain a statement referring the reader to the tire sidewall for the
specific graded performance of the tires with which the vehicle is
equipped. Section 575.6(c) requires that each vehicle manufacturer,
brand name owner of tires, and manufacturer of tires for which there is
no brand name owner to provide the information specified in subpart B
of Part 575 to prospective purchasers at each location at which its
vehicles or tires are offered for sale.
---------------------------------------------------------------------------
\10\ Prior to May 24, 1999 (64 FR 27921), passenger car
manufacturers were required to directly provide general UTQGS
information and the information specified in Section 575.104 in
writing and the English language to purchasers and potential
purchasers at the point of sale of new vehicles. The agency
eliminated this requirement, instead requiring that the information
be contained within the owner's manual, because it believed that the
elimination of the point-of-sale requirement would relieve a
significant burden on vehicle manufacturers and dealers and yet
would have little effect on consumers. (64 FR 27921; May 24, 1999).
---------------------------------------------------------------------------
Paragraph S4.3 of FMVSS No. 110 requires manufacturers to affix a
placard to each passenger car's glove compartment door or an equally
accessible location showing the vehicle's capacity weight, designated
seating capacity, the manufacturer's recommended cold tire inflation
pressure for maximum loaded vehicle weight, the manufacturer's
recommended tire size designation, and, for a vehicle equipped with a
non-pneumatic spare tire assembly, the non-pneumatic identification
code required by FMVSS No. 129, New Non-Pneumatic Tires for Passenger
Cars. The required information is intended to promote the vehicle's
safe performance by preventing overloading of the tires or the vehicle
itself.\11\
---------------------------------------------------------------------------
\11\ Herzlich Consulting (Herzlich) petitioned the agency on
March 12, 1992, to amend FMVSS Nos. 110 and 120 to include a
requirement that the manufacturers of the vehicles subject to those
standards place a warning in the glove compartment or some other
accessible/visible location which would state, in high visibility
letters: ``Warning: Underinflation, Overloading, or Damage can Cause
any Tire to Fail Suddenly.'' In support of the petition, Herzlich
argued that although the Federal and state governments and the tire
industry continuously communicate tire safety information, such
efforts are ``rather unsuccessful.'' Herzlich also argued that tire
failure due to road hazard damage, underinflation, or overload
continues to be a problem. He stated that tires are the most
important safety component on the vehicle and, perhaps because of
their high degree of reliability, they are often taken for granted
by consumers. Herzlich also referred to unspecified surveys
purporting to show that a ``significant number of vehicles are
running on underinflated, overloaded, worn-out or damaged tires,''
which, he contended, indicates that people get careless and need to
be reminded over and over again to inspect and properly maintain
their tires.
After a full and careful review of the petition, NHTSA decided
to deny it based on several factors (57 FR 45759; October 5, 1992).
First, there already existed a vast amount of information on proper
tire maintenance. Additionally, the agency stated that there was no
reason to believe that requiring the same information be made
available in another place would increase consumer's responsiveness
to such information. Finally, the petitioner presented no data, and
this agency was aware of none, that would support petitioner's
assertion that improper maintenance causes the vast majority of tire
failures or that a significant number of vehicles are running on
underinflated, overloaded, worn out or damaged tires.
In summary, NHTSA believed at that time that the wealth of
safety materials already available to the public through industry,
government, and consumer sources adequately addressed the issue of
proper tire inflation and maintenance; that existing labeling
requirements provided sufficient information to enable consumers to
maintain tires properly and safely; and that the petitioner had not
shown that the amendments he proposed would significantly change the
behavior of the public in that respect.
---------------------------------------------------------------------------
FMVSS No. 120 requires that each vehicle show, on the label
required by 567.4, or on a tire information label (S5.3.2(b)), the
recommended tire size designation appropriate for the GAWR, the size
and type designation of rims appropriate for those tires, and the
recommended cold inflation pressure for those tires such that the sum
of the load ratings of the tires on each axle (when the tires load
carrying capacity at the specified pressure is reduced by dividing
1.10, in the case of a tire subject to FMVSS No. 109, i.e., a passenger
car tire) is appropriate for the GAWR.\12\
---------------------------------------------------------------------------
\12\ In a final rule published on March 11, 1993 (58 FR 13424),
the agency amended FMVSS No. 120 to clarify the requirement about
tire information labels on multipurpose passenger vehicles, trucks,
buses, and trailers. Specifically, this amendment required the label
to specify a recommended tire inflation pressure when such vehicles
are equipped with passenger car tires.
---------------------------------------------------------------------------
IV. Current Safety Problem--Inadequacy of Existing Labeling
Requirements
A. Difficulty Locating the TIN
The continued use of tires determined to be unsafe poses a safety
risk not only for the occupants of the vehicles equipped with those
tires, but also for other highway users near those vehicles.
One effect of the combination of the prevalence of long-life radial
tires is that tires have significantly longer service life now than 20
years ago. Another effect of radials is that there are large numbers of
persons who purchase a used car with used radial tires. Unlike the case
of first purchasers, there is no procedure for providing tire
manufacturers with the names and addresses of subsequent purchasers.
Thus there is no way for the tire manufacturers to directly contact
subsequent purchasers in the event of a recall. The only way that
either of these groups could determine that their tires
[[Page 65541]]
have been recalled would be to find the identification numbers on their
tires and compare them with the series of identification numbers
contained in general public announcements about the recall.
As a result of the difficulty and inconvenience of checking the
TINs, the percentage of people who respond to a tire recall campaign is
reduced and motorists unknowingly continue to drive their vehicles with
potentially unsafe tires.
The side of a tire bearing the TIN is often mounted so that it
faces inward. In the case of whitewall tires, this occurs because the
TIN is almost always molded on the blackwall (i.e., inside sidewall) of
the tire. Whitewall tires account for a small and declining percentage
(currently about 5 percent or less) of original equipment tire sales in
this country, but about 40 percent of replacement tires. There are
about three times as many replacement tires as original equipment tires
sold each year. Blackwall tires, which have the TIN on one sidewall,
are as likely to be mounted with the number side facing in as out.
Based on this information, we estimate that approximately 65 percent of
all tires are mounted with their TINs not readily visible.
When the TINs appear on the inside sidewalls of the tires mounted
on vehicles, motorists have three inconvenient ways of finding and
recording the TINs. They must either: (1) Slide under the vehicle with
a flashlight, pencil and paper and search the inside sidewalls for the
TINs; (2) remove each tire, find and record the TIN, and then replace
the tire; or (3) enlist the aid of a garage or service station which
can perform option 1 or place the vehicle on a vehicle lift so that the
TINs can be found and recorded.
B. Lack of Consumer Knowledge Concerning Correct Tire inflation
Pressure
Maintaining proper inflation pressure in motor vehicle tires is
important to the safe and efficient use of motor vehicles.
The recommended inflation pressure is labeled on the vehicle on a
placard or the vehicle certification label by the vehicle manufacturer
to provide the cold tire inflation pressure for the maximum loaded
vehicle weight based upon vehicle specification and operation as
determined by the vehicle manufacturer. The recommended inflation
pressure is often confused with the maximum inflation pressure which is
labeled on the tire by the tire manufacturer to provide the maximum
cold inflation pressure to which a tire may be inflated based upon the
maximum load rating for that tire.
Maintaining tires at their proper inflation pressure, instead of
allowing them to become underinflated, reduces heat build up, minimizes
tire wear, contributes to good vehicle handling and improves fuel
economy through decreasing the rolling resistance of the tires. In
light of the trend toward self-service gas stations, the motorist's
responsibility for maintaining proper inflation pressure is more
significant. Unfortunately, surveys indicate that a significant number
of vehicles are being operated with underinflated, overloaded and/or
damaged tires and that the public needs to be reminded to inspect and
properly maintain their tires.
The 2000 Bureau of Transportation Statistics (BTS) Omnibus Survey,
conducted in September 2000, contained four questions on the public's
knowledge of tire pressure issues. This survey, which contained 1,017
household interviews, indicated that, among other things, at least 54.7
percent of the respondents do not know how to determine the proper
pressure for their tires.
The AAA Tire Safety Survey, based on an omnibus nationwide
telephone survey of 1070 adult Americans (539 males and 531 females)
who drive a car, motorcycle, or other motor vehicle at least once a
week, queried participants on how to identify the correct tire
pressure.\13\ The survey indicated that, despite a consciousness about
checking tire pressure (82% surveyed said they checked their tire
pressure at least every three months and 48% said they checked their
tire pressure at least once a month), American drivers lack sufficient
knowledge about how to determine optimum tire pressure. About half
(48%) consult the tire sidewall, and fewer check more reliable methods
such as the owner's manual (27%) or the vehicle placard (18%).
---------------------------------------------------------------------------
\13\ Tire Safety Survey, prepared for AAA Foundation for Traffic
Safety, by Roper Starch Worldwide, Inc., March 22, 1999. Interviews
were conducted between March 10, 1999 and 14, 1999.
---------------------------------------------------------------------------
The Rubber Manufacturers Association (RMA) survey, based on four
hundred 11-minute telephone interviews conducted between October 12 and
19, 2000, with consumers who own or lease a vehicle they drive at least
once a week and are responsible for making decisions about the routine
maintenance of their vehicle, explored the extent to which consumers
are aware of and knowledgeable about tire safety.\14\ To assess tire
maintenance knowledge, drivers were asked 16 questions related to
properly maintaining automotive tires. Of these questions pertaining to
tire labeling, drivers were asked to name the best sources for the
recommended tire pressure. In response, forty-five percent of drivers
responded correctly to this question by saying the owner's manual or
decals on the inside of the vehicle's door or glove box. Twenty-seven
percent responded incorrectly by reporting that the best source for the
recommended tire pressure was on the sidewall of the tire, 7%
volunteered ``tire manufacturer information'' in general, and 12% said
something else. Only 10% said they ``did not know.''
---------------------------------------------------------------------------
\14\ Consumer Tire Maintenance and Safety Awareness Research, A
Report to Rubber Manufacturers Association, by Fleishman-Hillard
Research, October 2000.
---------------------------------------------------------------------------
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.\15\ The Preliminary Analysis of Findings, 2001 NASS Tire Pressure
Special Study, dated May 4, 2001, has been placed in the NHTSA Docket
No. NHTSA-2000-8572. The NASS Study was designed to assess, among other
factors, the extent to which passenger vehicle operators are aware of
the recommended air pressure for their tires.
---------------------------------------------------------------------------
\15\ Data was collected through the infrastructure of the
National Accident Sampling System--Crashworthiness Data System
(NASS-CDS). The NASS-CDS consists of 24 Primary Sampling Units
(PSUs) located across the country. Within each PSU, a random
selection of zip codes was obtained from a list of eligible zip
codes. Within each zip code, a random selection of two gas stations
was obtained.
---------------------------------------------------------------------------
During a total of 336 visits to gas stations, a NASS team collected
survey data from drivers from each of the following vehicle categories:
passenger cars; sport utility vehicles; vans; and pickup trucks. A
total of 11,350 vehicle drivers were surveyed about their knowledge of
the vehicle manufacturers recommended tire pressure.\16\ Survey data
were analyzed for the following three categories of vehicles: (1)
Passenger cars with metric P-type tires; (2) Trucks, sport utility
vehicles (SUVs), and Vans with metric P-type tires, and (3) Trucks,
SUVs, and Vans with either metric LT-type or high flotation tires. The
drivers, asked how they determine at what pressure to set their tires,
answered as follows:
---------------------------------------------------------------------------
\16\ This total was comprised of 5,442 passenger cars, 1,874
SUVs, 1,376 vans, and 1,838 pickup trucks.
[[Page 65542]]
------------------------------------------------------------------------
Percent
-----------------------------------------
Trucks, SUVs and Vans
How drivers determine at what Passenger ---------------------------
pressure to set their tires car P-metric LT or high
tires P-metric flotation
tires tires
------------------------------------------------------------------------
Owner's Manual................ 17.84 14.8 21.9
Vehicle Placard............... 8.39 7.06 10.84
Tire Labeling................. 21.56 31.47 44.35
Visually...................... 10.68 8.23 6.83
Other......................... 9.75 9.56 9.89
Does not Know................. 6.87 4.31 2.02
Other person maintains........ 23.8 23.07 4.11
Unknown....................... 1.1 1.51 0.06
------------------------------------------------------------------------
This data indicates that only about 26 (17.84 + 8.39) percent of
drivers of passenger cars, 22 (14.8 + 7.06) percent of drivers of pick-
up trucks, SUVS, and vans with P-metric tires, and 32 (21.9 + 10.84)
percent of drivers of pick-up trucks, SUVs, and vans with either LT or
flotation tires know how to consult either the vehicle placard or the
owner's manual to determine the correct inflation pressure for their
vehicles' tires.
C. Safety Problems Associated With Tires
Tire under-inflation, high ambient temperatures, and vehicle
overloading are among the factors being considered in the ongoing
evaluation of the radial tire failures that have occurred in recent
years which have been associated with rollover and other crashes. For
example, when a tire is used while significantly under-inflated, its
sidewalls flex more and the air temperature inside it increases, making
the tire more prone to failure. In addition, a significantly under-
inflated tire loses lateral traction, making handling more difficult.
The agency also has received data from Goodyear indicating that
significantly under-inflated tires increase a vehicle's stopping
distance on wet surfaces.
NHTSA's crash files do not contain any direct evidence that points
to low tire pressure as the cause of any particular crash. However,
this lack of data does not imply that low tire pressure does not cause
or contribute to any crashes. It simply reflects the fact that
measurements of tire pressure are not among the vehicle information
included in the crash reports received by the agency and placed in its
crash data bases.\17\
---------------------------------------------------------------------------
\17\ These crash databases are the National Automotive Sampling
System--Crashworthiness Data System (NASS-CDS) and the Fatality
Analysis Reporting System (FARS).
---------------------------------------------------------------------------
The only tire-related data element in the agency's data bases is
``flat tire or blowout.'' Even in crashes for which a flat tire or
blowout is reported, crash investigators cannot tell whether low tire
pressure contributed to the tire failure.
Under-inflated tires can contribute to other types of crashes than
those resulting from blow outs or tire failure, including crashes which
result from: an increase in stopping distance; skidding and/or a loss
of control of the vehicle in a curve or in a lane change maneuver; or
hydroplaning on a wet surface. However, the agency does not have any
data on how often under-inflated tires cause crashes or contribute to
their occurrence.
Additionally, under-inflation contributes to tire overload. Tire
overload describes a condition in which the vehicle is carrying more
weight than the tire is rated to carry at a specified inflation
pressure. For instance, for every 1-psi reduction in inflation
pressure, a vehicle's tires suffer a 1.6% reduction in vehicle capacity
weight (passenger plus cargo capacity). Overloading can result in
handling or steering problems, brake failure, and tire failure.
Several crash files contain information on ``general'' tire related
problems that precipitate crashes. The more recent of these files are
The National Automotive Sampling System--Crashworthiness Data System
(NASS-CDS) \18\ and the Fatality Analysis Reporting System (FARS).\19\
---------------------------------------------------------------------------
\18\ 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. The value is not used for cases in which one
or more of a vehicle's tires was under-inflated, preventing the
vehicle from performing as well as it could have in an emergency
situation.
\19\ 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.
---------------------------------------------------------------------------
NASS-CDS data for 1995 through 1998 indicate that there are an
estimated 23,464 tow-away crashes caused per year 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
[[Page 65543]]
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
------------------------------------------------------------------------
* Light trucks, as used here, means pickup trucks, vans (all sizes), and
SUVs.
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).
IV. Agency Response to Safety Problem
A. Prior Agency Rulemaking Efforts
As stated above, the TIN originated with the May 22, 1970
amendments to the National Traffic and Motor Vehicle Safety Act of
1966. Prior to that time, there were no tire labeling requirements in
effect. Tire manufacturers simply followed standard industry practices.
In the early 1980's, NHTSA granted a petition for rulemaking filed
by the Center for Auto Safety (the Center) requesting that 49 CFR part
574, Tire Identification and Recordkeeping, be amended to require that
the TIN be placed on the outside sidewall (i.e., the sidewall visible
when a tire is mounted on a vehicle) of whitewall tires and on both
sides of blackwall tires. The Center stated that the current tire
industry practice of placing the TIN on the inside sidewall of
whitewall tires and on only one side of blackwall tires made it very
difficult for most motorists to find and read the TINs on their tires
once they are mounted on vehicles.
Prior to publishing an NPRM (45 FR 82293; December 15, 1980), the
agency sent special orders to nine tire manufacturers who together
represented 84 percent of world tire production and 90 percent of
domestic production of tires for use in this country to gather
information on the feasibility and costs of implementing the proposed
requirements. Among the questions in the special orders were ones
asking whether the tire presses were operated 24 hours a day seven days
a week and, if so, what measures could be taken to ensure that workers
could safely change the identification number plates in the presses. (A
tire press generally works like a clam shell. The lower half of the
press remains in a fixed horizontal position, while the upper half is
movable. The tire mold, which also has upper and lower halves, fits
inside the press.) None of the respondents suggested that changing the
number plates would present insurmountable safety problems.\20\
Further, based on its evaluation of these responses, NHTSA determined
that such a requirement would impose costs of between $4.25 million and
$5.9 million.
---------------------------------------------------------------------------
\20\ From the responses to the orders, the agency learned that
of the 52 tire plants operated by the respondents in this country,
46 of them operated only five or six days a week. The remaining six
plants operated all week. In the case of those 46 plants, workers
could safely and easily change the number plates during one of the
days when the molds were non-operational and at room temperature.
The practice of the manufacturers was to change the number plates on
these molds during their non-operational day. On that day, workers
could easily change the number plates on the upper mold as on the
lower mold. Additionally, the manufacturers operating seven days a
week indicated that workers could safely change the number plates on
operating upper molds in any of several ways. One way would be to
place insulated blankets over the bottom molds. Another way would be
to mold the whitewall side of whitewall tires on the lower mold so
that the number plates could be placed on the more readily
accessible upper molds.
---------------------------------------------------------------------------
On April 9, 1981, the agency published a notice of intent listing
17 actions that the agency said it intended to take to reduce
unnecessary regulatory burdens upon the motor vehicle and related
manufacturing industries (46 FR 21203). Among them was terminating
rulemaking on the location of the TIN.
Subsequently, the agency terminated the rulemaking (48 FR 19761;
May 2, 1983). The agency stated that it was taking that action because
it was unable to determine that the adoption of the proposal would
significantly contribute to motor vehicle safety and because the
compliance costs would be $4.25 to $5.9 million. Although the agency
anticipated that the adoption of the amendment would increase the
response to tire recall campaigns and that ultimately the action would
reduce the chance of potentially unsafe tires being used on public
roads, it was not able to provide a quantified estimate of the benefits
to be gained from the proposed amendment. The data relied upon by the
agency in issuing the proposal consisted solely of anecdotal comments
by 13 consumers on difficulties they experienced in locating tire
identification numbers. These 13 comments were among about 9,500
responses received by the agency in response to a survey in which it
sent questionnaires to approximately 100,000 consumers. Thus, only
0.013 percent of the questionnaire recipients and 0.14 percent of the
respondents reported this type of difficulty. Prior to issuing the
proposal, the agency did not have any data or perform any analysis
regarding the extent to which the proposed requirement would increase
the number of people who find the identification number on their tires,
the number of those people who respond to a recall, or the number of
potentially defective or noncomplying tires that would be removed from
service. No additional data regarding benefits were obtained by the
agency as a result of the comment process.
B. December 2000 Advanced Notice of Proposed Rulemaking
On December 1, 2000, NHTSA published an advanced notice of proposed
rulemaking pursuant to the TREAD Act and in recognition of the
importance of obtaining public input before making decision regarding
activities under the provisions arising under the TREAD Act. (65 FR
75222, December 1, 2000).
The ANPRM discussed NHTSA's existing tire information labeling and
marking requirements, tire identification number requirements, and
other labeling requirements such as those contained within its Consumer
[[Page 65544]]
Information Regulations, e.g., UTQGS. Also discussed in the ANPRM were
prior rulemaking actions and petitions pertinent to the tire labeling
issues addressed by the TREAD Act, particularly those relevant to the
location of the TIN, and underinflation and overloading concerns.
In addition, NHTSA solicited comments in areas such as general
consumer knowledge and behavior, availability of information to
consumers, TIN information, and other tire labeling information. The
agency asked an extensive number of specific questions related to such
matters such as tire identification number content, readability and
location, loading, plies and cord material, tread wear indicators,
UTQGS, speed rating, run-flat and extended mobility tires, tire
inflation pressure, and the dissemination of tire safety information.
C. Summary of Public Comments on ANPRM
NHTSA received 21 comments on the December 1, 2000 ANPRM. The 21
comments were submitted by: 4 manufacturers (1 tire manufacturer and 3
vehicle manufacturers), 9 associations, and 6 other entities (2
consumer advocacy organizations and 4 individuals). The comments are
summarized below.
1. General Consumer Knowledge and Behavior/Availability of Information
to Consumers
Commenters, as a group, stated that consumers are
generally provided with the information that they need to properly
maintain their tires, determine safe loads, and identify recalled
tires. However, they also stated that this information must be
presented in a simple, accurate, and comprehensive manner that would be
understood by the average consumer who is not well educated about tires
and tire maintenance.
Commenters, as a group, also said that drivers are often
unaware of tire safety and maintenance information or are confused by
the information and need to be educated about the interaction between
the information provided. While a small percentage of motorists
understand and respond to load and speed rating, tread indicators, ply
and cord materials, the vast majority remains unaware of this
information. RMA reports that only 45% of drivers in its survey
responded correctly to the question as to the source of information for
recommended tire pressure and survey generally revealed that consumers
do not know how to use tire information currently available. Consumers
Union (CU) recommended that additional wording of uniform size and
standard location appear on both sidewalls stating ``cold operating
pressure: consult vehicle information.''
According to a tire safety survey prepared for the
American Automobile Association (AAA) Foundation for Traffic Safety,
50% of American drivers who check their own tire pressure incorrectly
consulted the sidewall, 27% consulted the owners manual and only 18%
correctly consulted the vehicle (placard) to determine the correct tire
pressure. Ford reported that the owner's guide was most popular source
for obtaining tire pressure information, followed by the tire pressure
information on the tire itself and the certification label on the
vehicle.
Ford suggested that NHTSA conduct a focus group to better
understand consumer behavior. Prior to tire recalls, consumers simply
wanted clear tire pressure information, but Ford's recent experience
indicated that they also want to be able to easily read their TIN
numbers and to identify recalled tires and suggested ways to improve
tire safety.
2. TIN Information
a. Location
Commenters, as a group, generally believed that the TIN
would be easier to find for consumers if it were located on the outward
facing sidewall of tires or on both sidewalls and was of sufficient
size as to be easily found and read.
Several tire manufacturer association commenters objected
to requiring a tire manufacturer to mark the TIN on both tire sidewalls
because they believe that this continues to present tire manufacturing
workers with a serious potential safety hazard. One of these commenters
stated that, when marking a TIN on both sidewalls, an operator is
exposed to danger such as a fatal accident due to mis-operation of
curing machine, or burns, bone fracture or blow on head, arm, leg, the
back and so on because the operator is forced to work looking up inside
of a curing machine to put a stencil plate of the TIN on the upper
mold. RMA suggested that the agency should require that the TIN be
placed on the intended outward facing sidewall of the tire to minimize
risks to workers.
Tire manufacturing association commenters stated that,
besides adverse safety consequences, cost and time due to changes in
the manufacturing process are issues of concern and they recommend a
suitable phase-in period. RMA, for example, states that manufacturers
would face substantial costs if they must change existing molds and
that total costs to the economy (costs for changing existing molds,
including cost of lost production during the initial change over plus
the additional ongoing weekly manufacturing costs to make the
additional changes) could exceed $100 million annually. RMA states
that, based on the number of recalls made over the past 30 years, the
requirement to place the TIN on both sides of the sidewall is
unnecessary given the cost of implementation and lack of added benefit
and proposes placement of the TIN on the intended outboard side of the
tire as a reasonable alternative solution.
According to tire manufacturing association commenters, to
place the TIN on both sidewalls, existing tire molds would have to be
changed and because tire production occurs 24 hours a day, seven days a
week, there would be substantial lost production costs to make the
changes, plus on-going costs, to make changes to both sides of molds.
Commenters generally agreed that the TIN should be placed
where there will be a minimum possibility of scuffing. Commenters
stated that the TIN should be placed as closely to the wheel's mounting
bead or rim flange as possible, as is current practice, to avoid
contact with curbs. One of these commenters stated that while it
believes that the TIN would be easier for consumers if it were located
on the outboard sidewall of the tires, it would be less vulnerable to
abrasion as a result of contact with curbs and other hard objects if it
were on the inboard sidewall of the tire as compared with the outboard
sidewall. Two association commenters stated that the TIN should remain
in its current location.
b. Content and Readability
No commenter suggested that additional information be
added to the TIN. Most commenters suggested that no change be made to
contents of the TIN. Ford recommended that NHTSA should require a
standardized format and font height on the outward facing sidewall of a
tire and General Motors recommended that the size code in the TIN is
redundant information that can only be understood by reference to
Section 574 and could be eliminated from the TIN. Consumer's Union
recommended standardizing placement of the TIN and date of production
information and including the lettering ``Manuf. ID'' and ``Prod. Date.
ww/yy'' above these codes.
Most commenters stated that optional information in the
TIN should not be removed because, for example,
[[Page 65545]]
the tire type may prove beneficial for consumers seeking to replace
their tires with a similar type and because the optional symbols better
enable the identification of the tire construction of the tire and
because this information could be important in distinguishing recalled
tires from similar tires of the same brand and tire size.
Consumer group commenters stated that the TIN should be
standardized by NHTSA in terms of font, font size, space, raised
letters, and placement and location on the sidewall.
Tire manufacturer association commenters stated that the
symbol height of the TIN should not be changed because it will
complicate the limited sidewall space available and because placing the
TIN on the intended outboard sidewall will eliminate any perceived
problem. Consumers Union commented that \5/32\ inch (4 mm) is not an
adequate font size for the TIN digits to provide optimum visibility,
particularly for vision-impaired individuals.
3. Other Tire Labeling Information
a. Load Ratings
Generally, commenters, as a group, asserted that either
the maximum load rating or a load index value should continue to be
shown on tires. Although the commenters disagree on which form of
information makes load information more accessible to the consumer,
most acknowledged that it is generally difficult for a consumer to know
the actual load on an individual tire. Several commenters suggested
improvements in consumer education concerning the importance of load
and its relationship to proper tire inflation. RMA suggested that the
maximum load rating be removed from the tire so that consumers will
seek out the appropriate vehicle loading on the certification label or
vehicle tire placard.
RMA commented that the most effective way to communicate
the relationship between a tire's load carrying capacity and vehicle
load at a given wheel position and to ensure the purchase of correct
replacement tires is through the use of load index values. If a load
index value were required on the tire and the vehicle tire placard, the
consumer would then simply match a two or three digit number on the
tires and vehicle tire placard to assure proper tire load capacity for
their vehicle.
Tire manufacturer and dealer associations commenters
stated that most customers rely on dealers for most information on tire
safety and maintenance. One tire dealer association commenter said that
approximately half of the tire dealers provide information to all
customers and approximately half supply information upon request. The
same commenter stated that most dealers do not routinely check to see
that the tires purchased are correct for the GVWR and GAWR, although
most do reference GVWR or GAWR as necessary.
Commenters, as a group, agreed that few motorists use or
understand the load rating information found on sidewall tires.
Advocates suggested that the load rating information remain on the tire
and that NHTSA needs to provide specific consumer information about the
consequences of under- and of overinflation of tires and their
interdependent relationship with vehicle loads and potential
instability. Tire manufacturer association commenters suggested that
the load ratings be removed from the tires so that drivers will have to
consult the vehicle placard for load limit information. Vehicle
manufacturers generally support leaving load rating information on the
tire sidewalls.
Commenters generally stated that motorists rarely know the
weight of their vehicles, empty or loaded, because this would require
weighing of the vehicle. A tire manufacturer association stated that
some motorists load to the capacity of the dimensions of the vehicle or
they conduct an eyeball inspection.
Commenters indicated that overloading frequently occurs,
to varying degrees, on pick-up trucks, particularly full-size pick up-
trucks. Data provided by a vehicle manufacturer indicate that almost
all respondents surveyed in a study underestimated load, with the
average respondent underestimating load for his or her vehicle by 36%.
Tire manufacturer association commenters asserted that consumer
knowledge, or lack thereof, instead of current allowances in tire load
ratings, is to blame for overloading.
b. Plies and Cord Materials
Commenters, as a group, generally agreed that while ply
and cord information is generally of no value to consumers except when
replacing tires or in the event of a recall, it should remain on the
tire for these purposes. Commenters agreed that ``mileage warranty''
information is of no safety value to consumers and should be
communicated at point of sale instead of on tires. One tire retread
association commenter noted that ply and cord material is important for
tire retread, repair, and recycling.
c. Tread Wear Indicator
Vehicle manufacturer and tire manufacturer association
commenters stated the treadwear indicator information should not be
required to be labeled on the vehicle or tire because the information
is more effectively and comprehensively provided in owner's manuals.
RMA recommends that NHTSA regulations for inspection of vehicles in use
(49 CFR 570.9 & 570.62) be changed to indicate that the presence of a
treadwear indicator in any major groove be used as an indication of
wear out rather than the current requirement of the presence of
treadwear indicators in two adjacent major grooves (at three locations
spaced approximately equally around the tire.) One consumer commenter
stated that consumers could benefit from clearer sidewall
identification and that consumers would benefit if the following words
appeared elsewhere on the sidewall, ``replace tire when worn to
indicator.''
d. Uniform Tire Quality Grading System (UTQGS)
One consumer commenter stated that the UTQGS information
is possibly the most important item of consumer information regarding
tire performance and should be required to be marked on tire sidewalls
for all light vehicles weighing 10,000 GVWR or less. A consumer
commenter also stated that this information should be provided in large
block letters in contrasting colors. Further, consumers should be
provided with a plain language explanation of the safety considerations
underlying the UTQGS ratings. The commenter also said it is preferable
that an explanation of UTQGS be provided at the point of sale. A
vehicle manufacturer added that more consumer education concerning the
effect of inflation and loading conditions on UTQGS ratings is
necessary. One tire manufacturer association commenter argued that
UTQGS only serves to confuse consumers, is generally ignored, and
should be discontinued. Another commenter asserts that the treadwear
rating should be changed to a statement concerning the expected miles
of treadwear.
Tire manufacturer association commenters did not support
labeling additional categories of tires with UTQGS information and
suggested that UTQGS information either be eliminated or be replaced by
a service description (load index and speed rating) and that treadwear
and traction should be made available to consumers at point of sale.
Consumer commenters, on the other hand, stated that UTQGS
[[Page 65546]]
should apply to all tires for use on cars, SUVs, pickups, and on winter
tires, particularly because UTQG traction grades are probably the most
meaningful of the UTQG grades for the consumer and should also be
applicable to mud and snow tires.
e. Speed Rating
Generally, commenters, as a group, believed that a tire's
speed rating is important, although not necessarily intuitive, to
consumers and should be required to be indicated on the tire.
Commenters agreed that consumers should be helped to understand,
through consumer education, that they should purchase replacement tires
of an equal or greater speed rating to those issued as original
equipment. One consumer group commenter suggested that maximum speed
limitations should be noted on the sidewall as ``speed capacity''
rather than ``maximum speed'' and that UTQG temperature grades could be
eliminated since they are redundant with the ``speed capacity''
information.
f. Run-Flat and Extended Mobility Tires
Tire association commenters and Harley Davidson stated
that run-flat and extended mobility tire capability should be labeled
on the tire sidewall as well as on the vehicle placard. General Motors
(GM) commented that this labeling would not add any additional value
because low inflation pressure warning systems accompany these tires
and the capability is noted in the owner's manual.
g. Retreaded Tires
A tire retread association commenter stated that the
current labeling requirements for retreated tires are sufficient
because those tires comprise a very small market share, are used
primarily for commercial applications, and are serviced by well-trained
service personnel.
h. Tire Inflation Pressure
Commenters suggested that the following items be added to
the vehicle placard: payload information (including an explanation of
payload), tire service description (load index and speed symbol), high
speed inflation pressure information, and speed rating. Commenters
suggested the following locations for the tire placard: Door edge
pillar, fuel door, visor, dashboard, glove box, door jamb. Commenters
also suggested that the placard be in a standardized format and
location in the vehicle. One vehicle manufacturer stated that the tire
size, speed rating, cold inflation pressure and load capacity should be
on the certification label.
While General Motors and the International Tire and Rubber
Association (ITRA) supported retaining the maximum inflation pressure
label because it provides a ``point of reference'' inflation pressure,
most commenters argued that the maximum inflation pressure should be
removed from the sidewall of tires because consumers confuse it with
the recommended inflation pressure found on vehicles and because
inflating a tire to maximum inflation pressure may cause uneven wear
and other failures. Further, one tire manufacturer association
commenter suggested that consumers will look at the certification label
or vehicle placard for pressure information if pressure information is
not contained on the tire. One tire manufacturer association commenter
asserted that removing the maximum inflation pressure would improve
safety if the correct inflation pressure is clearly and conveniently
communicated to consumers and if consumers act on this information. One
vehicle manufacturer commenter remarked that there should be a marking
requirement for tires that would direct operators to use the
information contained on the vehicle tire placard.
i. Dissemination of Tire Safety Information
Commenters neither supported nor opposed a tire inflation
warning label. Most, however, suggested that consumer awareness of
correct tire pressure, size, and the relationship of load and tire
pressure is appropriately addressed through consumer education.
Commenters, as a group, said that messages about tire
inflation, vehicle loads and handling, and other safety effects need to
be communicated repeatedly and through the use of different media such
as agency brochures, manufacturer labels, owner's manual entries, and
point-of-sale literature provided by tire manufacturers. Also, a
hierarchical system of providing safety information to consumers in
varying forms and details based on the essential nature of the
performance and safety information should be employed. The placard
should be mounted consistently in the same place on all vehicles and be
both easily found and readable.
j. Motorcycles and Trailers
One vehicle manufacturer opposed including applying
amendments to the tire information labeling requirements to motorcycle
tires. Two tire manufacturer associations stated that trailer and
motorcycle tires should be required to have the same information as
other highway tire categories molded into the sidewall.
k. Font height for labeling information
Two tire manufacturer association commenters stated that
there is no need to change the current font height specified and
indicated that this issue needs to be considered as a part of a broader
evaluation of tire marking and consumer awareness. Consumer group
commenters, however, argued that the current font height is inadequate
and needs to be increased and made uniform for the different labeling
requirements. Commenters generally expressed the view that using
contrasting colors for labeling is not feasible due to manufacturing
process concerns and consumer preference.
4. Harmonization Issues
RMA suggested that ECE regulations 30 and 54 address
issues similar to those raised in the ANPRM. Additionally, RMA called
attention to the work being done under WP.29's ongoing process for
developing a global technical regulation for tires and the industry's
GTS-2000 proposal.
Manufacturers and association commenters pointed to both
the WP.29 process and to the GTS-2000 proposal as means to best
accomplish harmonization of this standard with foreign standards and to
reduce redundancy in the current situation. These commenters suggested
that decreased costs and increased information consistency would be
benefits of minimizing regulatory divergence.
5. Other Comments
Some comments included suggestions for improving the
organization and coherency of the tire information that currently
appears in more than six different standards and sections on tire
information.
Commenters also suggested requiring improved availability
of safety related service information, including an in-vehicle safety
information booklet which, in addition to owner's manual, would provide
explanations concerning the operation and use of safety related systems
and equipment such as tires.
D. Focus Groups
In March 2001, NHTSA conducted a series of eight focus groups to
(1) explore consumer perceptions of motor vehicle tire labeling, (2)
identify aspects of motor vehicle tire labels that are potentially
confusing, and (3) identify means for optimizing the likelihood that
[[Page 65547]]
motor vehicle safety labels will be easily read and comprehended. The
Focus Group Report, dated March 20, 2001, has been placed in the docket
for this rulemaking. Four focus groups were conducted in Richmond,
Virginia, and four in Phoenix, Arizona. Each focus group was comprised
of approximately nine persons 18 to 75 years old who fulfilled the
following criteria: (1) possess a current driver's license, (2)
primarily responsibility for taking care of personal vehicle, (3)
owners/users of passenger cars, SUVs, van or minivan, motorcycle or
pick-up truck, (4) no current employment relating to marketing or
public relations, motor vehicles or motor vehicle parts, or government
employment relating to the regulation of the motor vehicles. The
composition of the groups represented a mix of income, educational
attainment, household income and race.
The moderator for the focus groups conducted three exercises for
each group of participants. In the first exercise, the moderator
discussed with participants their current use of tire information. In
the second exercise, the moderator solicited responses to a tire
information presentation using a brand new tire and a diagram provided
by NHTSA to demonstrate the variety and nature of NHTSA-mandated
information on tires. In the third exercise, the moderator presented
four variations on standard tire placards (called Concepts A through D
in the Report) and solicited comments from the participants. The four
formats included 2 black-and-white and 2 color versions. The color and
black-and-white versions each included a small version that focused on
air pressure and a longer version that included tire and other vehicle
information, e.g., load, seating designation, etc. Conclusions from the
first two exercises were:
Tire information is ignored except when consumers are
responding to conspicuously low tire pressure or buying new tires;
Participants only had knowledge of one or two of the
following aspects of tire information: tire size, brand name, price,
weight load;
At point of sale, tire information and documentation other
than price receipt and warranty is not provided;
Retailers should be required to provide tire information,
e.g., adhesive tire information labels or brochure, at point of sale;
Consumers are unaware that there is a tire placard in
their personal vehicle;
Owner's manuals are used on a limited basis for tire
information;
Consumers have little knowledge of the information
available on the tire sidewall, besides tire pressure, type and brand
name. Most were perplexed by the array of alpha and numeric codes
appearing on the demonstration tire;
Metric numbers are not understood by consumers;
Too much information on a tire is preferable to too little
information;
Tire information sheets, similar to those provided with
prescription drugs, should be readily available to vehicle and tire
purchasers;
Consumers want to learn more about the meaning of the
information that appears on tires, e.g., tire codes and ratings;
The following information should be displayed on the tire:
date of manufacture and recommended replacement interval;
Tire information should be presented in ``plain
language'';
Tire information should be presented in a larger typeface;
Tire information should appear on both sides of the tire;
Tire safety information is too important and too tire-
specific to be relegated to the owner's manual or tire placard--it
should be provided at the point of new vehicle or replacement tire
purchase in paper form, e.g., brochure;
Owner's manuals, while a good location for general tire
safety and education information, is not an appropriate location for
tire-specific information; and
The term ``cold tire pressure'' is not readily understood
or is often misunderstood as relating to the outside temperature/
weather conditions.
With regard to the actual content, placement and design of the Tire
Safety Information Placards discussed in the third exercise, the
following recommendations were made:
Add/use color formats for the tire placard instead of only
black-and-white;
Use small placard formats rather than large placard
formats;
Use a tire icon, as a visual cue, on the placard (an icon
makes the purpose and subject matter of the placard more easily
identifiable and facilitates use of the placard information by drivers
with marginal literacy skills); and
Standardize the placement of tire placards on the B-
pillar.
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
contain revised versions of the existing labeling requirements that
address the following aspects of tire and vehicle labeling: Tire
markings, the Tire Identification Number (TIN), vehicle placard content
and format, placard location, and owner's manual information. The
standard would require tires for passenger cars, multipurpose passenger
vehicles, trucks, buses and trailers with a gross vehicle weight rating
(GVWR) of 4,536 (10,000 pounds) or less, manufactured on or after
November 1, 2003, to comply with the labeling requirements.\21\ The
proposed requirements are summarized below.
---------------------------------------------------------------------------
\21\ Therefore, this proposal is applicable to LT tires up to
load range E. This load range is typically used on large SUVs, vans,
and trucks.
---------------------------------------------------------------------------
NHTSA proposes that the TIN, size designation, maximum permissible
inflation pressure, and maximum load rating be placed on both sides of
light vehicle tires. Requiring the TIN and size designation to be on
both sides would ensure that that information would be on the sidewall
facing outward, regardless of how the tire is mounted. Requiring that
the other items of information be on both sidewalls would aid consumers
in properly maintaining their tires and loading their vehicles.
NHTSA is proposing two changes to the TIN. First, the agency
proposes to require a reordering of information in the TIN so that the
first six characters would contain the information required for
determining whether a particular tire is subject to a recall. The first
two characters would reflect the plant code, and the next four
characters would reflect the date code. Second, the agency proposes to
require that each character be 6 mm (\1/4\") high. The agency believes
that a requirement for a uniform TIN font size would significantly
improve the readability of the TIN.
The agency proposes four sets of revisions for the presentation of
tire inflation pressure and load limit information on the vehicle
placard required for passenger cars by S4.3 of Sec. 571.110 and to be
required for all light vehicles with a GVWR of 10,000 pounds or less
under this proposal.\22\ This placard, permanently affixed to the glove
compartment door or an equally accessible location, currently displays
the vehicle capacity weight, the
[[Page 65548]]
designated seating capacity (expressed in terms of total number of
occupants and in terms of occupants for each seat location), the
vehicle manufacturer's recommended cold tire inflation pressure for
maximum loaded vehicle weight, and the manufacturer's recommended tire
size designation.
---------------------------------------------------------------------------
\22\ FMVSS No. 120 currently requires that each motor vehicle
other than a passenger car show, on the label required by
Sec. 567.4, or on a tire information label (S5.3.2(b)), the
recommended tire size designation appropriate for the GAWR, the tire
size and type designation of rims appropriate for those tires, and
the recommended cold inflation pressure for those tires such that
the sum of the load ratings on the tires on each axle (when the
tire's load carrying capacity at the specified pressure is reduced
by dividing 1.10, in the case of a tire subject to FMVSS No. 109,
i.e., a passenger car tire) is appropriate for the GAWR.
---------------------------------------------------------------------------
First, the agency proposes that tire inflation pressure information
would be visually separated by a red colored border on the existing
vehicle placard or, alternatively, be placed on a separate tire
inflation pressure label. The vehicle placard would contain only the
information specified in the proposed version of S4.3 (paragraphs (a)-
(e)).\23\ This information could not be combined with other labeling or
certification requirements. The vehicle placard would also have to meet
the proposed color and content requirements as discussed below.
---------------------------------------------------------------------------
\23\ (a) Vehicle capacity weight expressed as ``THE COMBINED
WEIGHT OF OCCUPANTS AND CARGO SHOULD NEVER EXCEED XXX POUNDS'';
(b) Designated seating capacity (expressed in terms of total
number of occupants and in terms of occupant for each seat
location);
(c) Vehicle manufacturer's recommended cold tire inflation
pressure;
(d) Tire size designation for the tire installed as original
equipment on the vehicle by the vehicle manufacturer; and
(e) ``SEE OWNER'S MANUAL FOR ADDITIONAL INFORMATION''.
---------------------------------------------------------------------------
Second, the agency also proposes that the tire inflation pressure
label and vehicle placard meet the following three requirements: (1)
The tire inflation pressure information would be in color--red, yellow,
and black on a white background, (2) contain a black and white tire
symbol icon in the upper left corner, 13 millimeters (.51 inches) wide
and 14 millimeters (.55 inches) tall/high, and 3) include the phrases
``Tire Information'' and ``See Owner's Manual For Additional
Information'' in yellow text on a black background.
Third, the agency proposes to replace the vehicle capacity weight
statement on the vehicle placard with the following sentence: ``[t]he
combined weight of occupants and cargo should never exceed XXX
pounds.'' The ``XXX'' amount would equal the ``vehicle capacity
weight'' of the vehicle as defined in FMVSS No. 110. The information is
the same as that currently required to be placed on the vehicle placard
by manufacturers. However, the agency believes that the statement ``the
combined weight of occupants and cargo should never exceed * * *'' is
easier for consumers to comprehend than a technical phrase such as
``vehicle capacity weight.'' ``Vehicle capacity weight'' is not
intuitive to consumers and it requires a vehicle operator to look to
the owner's manual or standard to understand which factors are included
in the calculation of the sum on the placard.
Fourth, the agency proposes to replace the vehicle's recommended
tire size designation with the tire size designation for the tire
installed as original equipment on the vehicle by the vehicle
manufacturer. While in most instances these two numbers would be
identical, this minor revision insures that the consumer is provided
with the correct tire inflation pressure information for the tire size
actually installed on his vehicle as original equipment by the vehicle
manufacturer.
We are proposing these placard changes in response to survey data
which indicate that consumers need assistance in locating recommended
tire pressures for their vehicle's tires and understanding load limits.
The use of colors and a visual cue, such as a tire symbol icon, would
aid drivers in noticing and locating this imperative information. By
expressing the vehicle's load limit in easily recognizable terms such
as ``passenger and cargo weight'', as opposed to ``vehicle capacity
weight'' the proposed placard revisions would also aid consumers in
understanding and adhering to load limit guidelines.
The agency proposes that the placard and/or label containing tire
inflation pressure be located on the driver's side B-pillar. If a
vehicle does not have a B-pillar, then the placard and/or label would
be placed on the edge of the driver's door. Currently, S4.3 of
Sec. 571.110 specifies that the vehicle placard be affixed to the glove
compartment door or an equally accessible location. A standardized
location for tire information placards and labels would contribute to
consumer awareness of recommended tire inflation pressures and load
limits.
The agency proposes that owner's manuals for light vehicles contain
discussion of the following five subject areas: (1) Tire labeling, (2)
recommended tire inflation pressure, (3) glossary of tire terminology,
(4) tire care, and (5) vehicle load limits. A single, reliable source
containing the proposed required information for the tires and tire
safety information listed above would aid consumers by providing the
information that they need to properly maintain their tires and adhere
to recommended load limits.
B. Applicability
The proposed FMVSS No. 139 and its labeling revisions would apply,
except where noted, to new pneumatic tires for use on motor vehicles
with a GVWR of 10,000 pounds or less, manufactured after 1975, except
for motorcycles and LSVs, and for new motor vehicles with a GVWR or
10,000 pounds or less manufactured after September 1, 2003.\24\
---------------------------------------------------------------------------
\24\ The agency anticipates that the proposed requirements of
FMVSS No. 139, including the labeling revisions discussed here and
the performance requirements and testing procedures to be proposed
in a forthcoming rulemaking, if adopted, would supersede the
requirements of FMVSS No. 109. The deletion of FMVSS No. 109 will be
discussed further in the forthcoming proposal.
---------------------------------------------------------------------------
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 C, D, E) used on light trucks. Further, LT tires are
increasingly used in the same type of on-road service as P-metric tires
on light vehicles. Recent sales data for heavier 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. Further, the agency is currently not aware of
any consumer information concerns or problems associated with
motorcycle tires. For similar reasons, 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 (10,000-26,000 lbs. GVWR) and
heavy vehicles (greater than 26,001 lbs. GVWR), and temporary spare
tires.
To maintain consistent labeling requirements for all tires for use
on light vehicles, the proposed labeling requirements would also be
applicable to retreaded pneumatic passenger car tires and new non-
pneumatic tires for passenger cars. More specifically, FMVSS No. 117,
which specifies requirements for retreaded pneumatic passenger tires
and FMVSS No. 129, which specifies performance requirements for new
non-pneumatic tires for passenger cars would be revised to include the
proposed labeling requirements.
C. Proposed Labeling Requirements
1. Tire Markings
NHTSA proposes that all labeling information specified under S4.3
of FMVSS No. 109, including the TIN, be placed on both sides of light
vehicle tires except for that information cited in paragraphs (d), (e),
(f) and (g) of S4.3. The required information in these paragraphs
(generic name of cord
[[Page 65549]]
material, actual number of plies, ``tubeless'' or ``tube type''
designation, and the word ``radial'' if applicable) must be present on
one of the sidewalls. Requiring that ply, cord, and tube and tire type
information only be present on one sidewall would reduce the stringency
of FMVSS No. 119 which currently requires that light truck and MPV
tires display the information on both sidewalls.
Comments to the docket in response to the ANPRM questions
concerning placement of the TIN expressed a range of different
viewpoints. Most commenters stated that placing the TIN on the outside
wall of the tire was a desirable requirement. Further, many respondents
also supported putting the TIN on both sides of the tire to ensure that
it would be visible on the outboard tire wall, as well as the inside
tire wall where there is a lesser chance of it being scuffed off of the
tire. However, several tire industry respondents did not support
putting the TIN on both sides of the tire because of manufacturing
costs and safety issues.
The recent Firestone recall highlighted the difficulty that
consumers have in identifying recalled tires when tires are mounted so
that the TIN is located on the sidewall facing inwards. Improved access
to the TIN would greatly enhance the consumers' ability to determine if
their tires have been recalled.
Consumer commenters and focus group participants also said that
other tire labeling information, such as size, speed rating, load
rating and maximum pressure, should also be required on both sides of
the tire to ensure that it is readily visible to consumers.
With regard to the number of plies and generic name of cord
material used in the plies, most respondents believed that information
to be of limited safety value to consumers and suggested its removal
from the sidewall. The ITRA expressed the view that the cord and ply
material is very important to the tire retread, repair and recycling
industries because this information enables consumers and industry
professionals to determine the level of risk when inflating, repairing,
retreading or servicing a specific tire. NHTSA believes that it is
sufficient to require that this information appear on one sidewall.
There is no known advantage that would arise from requiring this
information on both sides of the tire.
Several tire manufacturer association commenters objected to
requiring a tire manufacturer to mark the TIN on both tire sidewalls
because they believe that this continues to present workers with a
serious potential safety hazard. As discussed above, the agency learned
during prior rulemaking efforts (45 FR 82293, December 15, 1980) that
changing the TIN number plates in the tire molds would not present
insurmountable safety problems. NHTSA believes that advances in tire
manufacturing technology, such as removable stencil plates, have
allowed for a significant reduction in the safety hazards associated
with the manufacturing process by enabling workers to change labeling
information on the molds outside of the tire press (A tire press
generally works like a clam shell). Further, the costs associated with
changing molds to implement this requirement are not considered to be
onerous as discussed in the Costs section of this document.
Additionally, the tire manufacturers' suggestion that the TIN be placed
on the intended facing sidewall of the tire is not practicable because
the vast majority of tires produced are reversible, not asymmetrical.
Requiring that the tire information specified above be placed on
both sides of light vehicle tires would provide consumers with readily
accessible recall information, without creating significant additional
costs to tire manufacturers, and would ensure that the retread, repair
and service industries continue to be provided with necessary recall
information. Reducing the amount of information required to be placed
on both sides of light truck tires would also result in cost savings to
manufacturers that would offset some of the increased costs resulting
to changes to the TIN and the labeling of passenger car tires.
Several commenters suggested adding additional information to the
tire sidewall, e.g., load index values, specifying what the digits of
the TIN represent, a marking requirement directing the vehicle operator
to use the information contained on the vehicle placard, a marking
requirement for run-flat and extended mobility tire capability, and a
warning stating: ``replace tire when worn to indicator.'' NHTSA
believes that these suggestions are not feasible. As run-flat tires and
high performance low-profile tires are developed and become more
common, tire diameters will increase with consequent decrease in
sidewall heights. That means that reserving the ever-decreasing space
on tire sidewalls for displaying necessary and required information
will become even more important in the future. Other suggested tire
labeling, such as load index values, are not intuitive to consumers and
would require the vehicle operator to seek out reference materials and/
or would require the agency to require more information to be added to
the already crowded vehicle placard. NHTSA believes the items,
explanations, and warnings suggested by the commenters would be better
and more effectively addressed through consumer information campaigns
rather than through requirements for additional in-vehicle and on-
vehicle information.
2. TIN
The agency proposes two revisions to the TIN: (1) Require that the
first six characters of the TIN to contain the following information:
The first two characters would reflect the plant code, and the next
four characters would reflect the date code, and (2) require 6 mm (\1/
4\") as a uniform height font size (see Figures 1 & 2).
BILLING CODE 4910-59-P
[[Page 65550]]
[GRAPHIC] [TIFF OMITTED] TP19DE01.000
[[Page 65551]]
[GRAPHIC] [TIFF OMITTED] TP19DE01.001
BILLING CODE 4910-59-C
[[Page 65552]]
Currently, the plant code resides in the first two digits of the TIN
and the date of manufacture resides in the ninth through twelfth digits
of the TIN. These two required sets of information are separated by
optional and tire size information that reside in the third through
eighth digits in the TIN. The optional information is only useful to
the tire manufacturer and the tire size information is already labeled
elsewhere on the tire.
The commenters on the ANPRM and the focus groups expressed
consistent support for making the TIN more user-friendly and readable.
To that end, the first proposed revision to the TIN reorders the
sequence of the TIN characters to require that the first six numbers be
those that are necessary for identifying recalled tires (i.e., the
plant code and the date code). Since the tire size is required to be
labeled elsewhere on the tire under another provision, the requirement
for including the tire size code in TIN would be deleted. The proposed
revisions to the sequence of information in the TIN would make the TIN
easier for consumers to read and understand for recall and other
purposes.
The second proposal, which would require a 6 mm (\1/4\") uniform
height font size, would enhance the readability of the of the TIN.
Currently, 574.5 requires the characters in the TIN, except for those
in the fourth grouping, to be a minimum height of \1/4\". The
characters in the fourth grouping are presently required to have a
minimum height of \5/32\".
In previous rulemakings and comments to the ANPRM, consumer group
commenters have suggested that 4 mm was not a sufficient font size for
the TIN, particularly for individuals with visual impairment. Comments
on the ANPRM and from the focus groups concerning the readability of
the TIN did not specify a particular font size.
The agency believes that a uniform 6 mm TIN font height is a more
appropriate size for information that is critical in the event of a
recall. The larger size will make the TIN easier to read, without
imposing a significant burden on tire manufacturers. 6 mm is
approximately the equivalent of Times New Roman font size 20 in Windows
2000. While 6 mm would be the minimum required font size, there is no
restriction that would prevent tire manufacturers from using a larger
font size for the TIN characters. The agency requests comments on the
readability of a 6 mm font size for the TIN characters. Please be
specific in your response and provide a basis for your answer.
3. Vehicle Placard Content and Format
The agency proposes four sets of revisions for the presentation of
tire inflation pressure and vehicle placard information. This placard,
permanently affixed to the glove compartment door or an equally
accessible location on passenger cars and to be required for all light
vehicles with a GVWR of 10,000 pounds or less under this proposal,\25\
currently displays the vehicle capacity weight, the designated seating
capacity (expressed in terms of total number of occupants and in terms
of occupants for each seat location), the vehicle manufacturer's
recommended cold tire inflation pressure for maximum loaded vehicle
weight, and the manufacturer's recommended tire size designation.
---------------------------------------------------------------------------
\25\ FMVSS No. 120 currently requires that each motor vehicle
other than a passenger car show, on the label required by
Sec. 567.4, or on a tire information label (S5.3.2(b)), the
recommended tire size designation appropriate for the GAWR, the tire
size and type designation of rims appropriate for those tires, and
the recommended cold inflation pressure for those tires such that
the sum of the load ratings on the tires on each axle (when the
tire's load carrying capacity at the specified pressure is reduced
by dividing 1.10, in the case of a tire subject to FMVSS No. 109,
i.e., a passenger car tire) is appropriate for the GAWR.
---------------------------------------------------------------------------
First, the agency proposes that tire inflation pressure information
would be visually separated from the other information by a red colored
border on the existing vehicle placard 13 required by S4.3 of
Sec. 571.110 or, alternatively, be placed on a separate tire inflation
pressure label. The vehicle placard would contain only the information
required by S4.3 of 571.110, could not be combined with information or
statements required by other labeling or certification requirements,
and would meet the proposed color and content requirements as described
below.
Second, the agency also proposes that if a vehicle manufacturer
uses the separate tire inflation pressure label, that label must meet
the following three requirements: (1) the tire inflation pressure
information on the placard would be in color--red, yellow, and black on
a white background--as illustrated in Figures 3 & 4 below, (2) contain
a black and white tire symbol icon that is in the upper left corner of
the placard, and is 13 millimeters (.51 inches) wide and 14 millimeters
(.55 inches) (see Figures 3 & 4 below), and (3) the label and placard
would both include the phrases ``Tire Information'' and ``See Owner's
Manual For Additional Information,'' in yellow text on a black
background as illustrated in Figures 3 and 4 below. If, alternatively,
the manufacturer uses the separate tire inflation pressure label, that
label must meet those three requirements.
Third, the ``vehicle capacity weight'' statement on the vehicle
placard would be replaced by the following statement: ``[t]he combined
weight of occupants and cargo should never exceed XXX pounds.'' The
``XXX'' amount would equal the vehicle capacity weight of the vehicle
as defined in FMVSS No. 110. The information is the same as that
currently required to be placed on the vehicle placard by
manufacturers. However, the agency believes that the statement ``the
combined weight of occupants and cargo should never exceed * * *'' is
easier for consumers to comprehend than a technical phrase such as
``vehicle capacity weight,'' which is not intuitive to consumers. To
understand the term ``vehicle capacity weight'', a driver must look
through the owner's manual for an explanation of how that weight is
calculated and what significance that weight has for the safe operation
of his or her vehicle.
Fourth, the agency proposes to replace the vehicle's recommended
tire size designation with the tire size designation for the tire
installed as original equipment on the vehicle by the vehicle
manufacturer. While in most instances these two numbers would be
identical, this minor revision insures that the consumer is provided
with the correct tire inflation pressure information for the tire size
actually installed on his vehicle as original equipment by the vehicle
manufacturer. The agency considered adding a requirement for the
vehicle manufacturer to label all recommended optional tire size
designations on the vehicle placard and/or tire inflation pressure
label. While this consideration would provide recommended tire
inflation pressure information for consumers who opt to replace factory
installed tire sizes with optional tire sizes, we have tentatively
concluded that this is not a feasible requirement for three reasons.
First, most light vehicles are equipped with original equipment and
replacement tires having the same tire size designation as those tires
installed by the vehicle manufacturer. Second, consumers are typically
not familiar with or cognizant of the size of the tires on their
vehicles. A listing of more than one tire size designation and
recommended tire inflation pressure would require the vehicle operator
to seek out the tire size designation on the vehicle's tires. Third,
listing more than one tire size designation and recommended inflation
pressure would require more information to be added to the already
crowded vehicle placard. The agency believes that requiring a vehicle
operator to take an extra step to
[[Page 65553]]
properly inflate his tire and potentially overcrowding the vehicle
placard and/or tire inflation pressure label with information would
discourage use of tire inflation pressure information on the placard
and/or the label.
The following are samples of the proposed vehicle placard and tire
inflation pressure label:
BILLING CODE 4910-59-P
[[Page 65554]]
[GRAPHIC] [TIFF OMITTED] TP19DE01.002
[[Page 65555]]
As discussed above, survey data indicate that most individuals are
unaware of the existence and/or location of the tire inflation pressure
and load limit information placards. Surveys also confirm that maximum
tire pressure is often confused with recommended inflation pressure.
Surveys have not addressed load limit issues, but the results from
NHTSA's focus groups and comments received in response to the ANPRM
indicate that consumers are unaware of that these limits exist, where
they are located, and how to use them.
NHTSA's focus groups tested different versions of existing and
proposed tire placards to help determine the most effective way of
attracting the attention of consumers to this information and making it
more understandable to them. In response to the testing, focus group
participants overwhelmingly preferred color formats with contrasting
colors, e.g., yellow on black, instead of black and white formats
because the color attracted their attention and aided in their
comprehension of the material. Participants also strongly believed that
a visual cue, such as a tire symbol icon, would aid drivers in
identifying and locating this imperative information.
Based on the comments to the ANPRM and the focus group results,
NHTSA also recognizes that consumers need assistance in understanding
load limits and how inflation pressure affects the load carrying
capacity for their vehicle and in determining the total load limit in
pounds for their vehicle. For instance, by replacing the technical term
``vehicle capacity weight'' on the placard with a sentence containing
easily understandable terms such as ``passenger weight'' and ``cargo
weight'', the proposed placard revisions should also aid consumers in
locating and adhering to recommended load limit guidelines as well as
recommended inflation pressures.
4. Placard Location
The agency proposes that the vehicle placard and tire inflation
pressure label be located on the driver's side B-pillar. If a vehicle
does not have a B-pillar, then the placard and label would be placed on
the edge of the driver's door. The tire inflation pressure label would
be placed proximate to the vehicle placard. There would be no
prohibition on placing additional tire inflation pressure labels on the
vehicle in locations other than the B-pillar, except as precluded by
other safety standards.
Currently, S4.3 of 571.110 specifies that the vehicle placard be
affixed to the glove compartment door or an equally accessible
location. NHTSA's focus group results indicate that many consumers are
unaware of the existence of and or location of tire inflation pressure
and load limit information. Participants in the focus groups noted a
strong preference for one standardized location for the placard. Both
the focus group participants and commenters on the ANPRM cited the B-
pillar, followed by the driver's door edge, as the most preferable
locations for the placard. A standardized location for tire information
placards would contribute to consumer awareness of recommended tire
inflation pressure and load limits by providing a consistent and
predictable place for this information.
5. Owner's Manual
The agency proposes that owner's manuals for light vehicles contain
discussion of the following five subject areas:
1. Tire labeling, including a description and explanation of
(a) each marking on the tire,
(b) locating information that will aid consumers in identifying
tires subject to a recall campaign, and
(c) the TIN;
2. Recommended tire inflation pressure, including a description and
explanation of
(a) recommended cold tire inflation pressure,
(b) the vehicle placard and tire inflation pressure label required
in Federal Motor Vehicle Safety Standard No. 110 and their location in
the vehicle,
(c) the adverse safety consequences of underinflation (including
tire failure), and
(d) measuring and adjusting air pressure to achieve proper
inflation;
3. Glossary of tire terminology, including ``cold tire pressure,''
``maximum inflation pressure,'' and ``recommended inflation pressure,''
and all non-technical terms defined in S3 of FMVSS Nos. 110 & 139;
4. Tire care, including maintenance and safety practices; and
5. Vehicle load limits, including a description and explanation of
(a) locating and understanding load limit information, total load
capacity, seating capacity, towing capacity, and cargo capacity,
(b) calculating total and cargo load capacities with varying
seating configurations including quantitative examples showing/
illustrating how the vehicle's cargo and luggage capacity decreases as
the combined number and/or size of occupants increases,
(c) determining compatibility of tire and load capabilities,
(d) the adverse safety consequences of overloading on handling and
stopping and on tires, and
(e) when to use either the recommended inflation pressure or a
higher pressure (up to the maximum inflation pressure) based on the
amount of load being carried by the tires. This inflation pressure and
load limit information could, for example, be provided on an insert in
the following format:
Figure 5.--Locating and Understanding Load Limit Information
------------------------------------------------------------------------
-------------------------------------------------------------------------
Steps for Determining Correct Load Limit
(1) Locate the statement ``The combined weight of occupants and cargo
should never exceed XXX pounds'' on your vehicle's placard.
(2) Determine the combined weight of the passengers that will be riding
in your vehicle.
(3) Subtract the combined weight of the passengers from XXX pounds.
(4) The resulting figure equals the available amount of cargo and
luggage load capacity. For example, if the ``XXX'' amount equals 1500
lbs. and there will be 5-150 lb passengers in your vehicle, the amount
of available cargo and luggage load capacity is 750 lbs. (1500 - 750 (5
x 150) = 750 lbs.)
(5) Determine the combined weight of luggage and cargo being loaded on
the vehicle. That weight may not safely exceed the available cargo and
luggage load capacity calculated in Step 4.
(6) If your vehicle will be towing a trailer, load from your trailer
will be transferred to your vehicle. Consult this manual to determine
how this may reduce the available cargo and luggage load capacity of
your vehicle.
(7) A higher inflation pressure (up to the maximum inflation pressure)
may be necessary to carry safely the combined weight of the passengers,
cargo and luggage being carried in your vehicle. Consult this manual to
determine whether a higher inflation pressure is necessary.
------------------------------------------------------------------------
The agency requests comments on whether the statements in Figure 5
should be required to be included verbatim in owner's manual and on how
to make those statements as vehicle owner friendly as possible.
Some commenters on the ANPRM indicated that a majority of consumers
rarely consult the owner's manual or have knowledge of the information
that it contains. Commenters and focus group participants, however,
agreed that the owner's manual should be a primary source of
information for vehicle owners and, in particular, is a good location
for general tire safety information. As discussed earlier in this
document, survey research indicates that a significant minority of
participants, up
[[Page 65556]]
to 45 percent in some surveys, cites the owner's manual as the best
source of information concerning proper tire inflation pressure.
The agency's review of a limited number of owner's manuals revealed
that the amount and type of information provided in these documents
varies widely. Based on this observation, as well as the ANPRM comments
and focus group results, the agency believes that a single, reliable
source containing the proposed required information for the tires and
tire safety information listed above would aid consumers in properly
maintaining their tires and adhering to load limits.
C. Other Issues
1. FMVSS Nos. 110 and 120
The purpose of FMVSS Nos. 110 and 120 is to provide safe
operational performance by ensuring that vehicles to which they apply
are equipped with tires of adequate load rating and rims of appropriate
size and type designation. FMVSS No. 110 currently applies to passenger
cars and FMVSS No. 120 currently applies to vehicles other than
passenger cars including motorcycles and trailers.
The agency proposes that FMVSS Nos. 110 and 120 be revised to
correspond with the applicability of the new light vehicle tire
standard. FMVSS No. 110 would include passenger cars and other light
vehicles with a GVWR of 10,000 pounds or less. Therefore, most SUVs,
vans, trailers, and pickup trucks would be required to comply with the
same tire selection and rim requirements as passenger cars. FMVSS No.
120 will continue to apply to vehicles over 10,000 pounds GVWR and
motorcycles.
Most current requirements of FMVSS No. 110 would be retained,
including S4.2.2, which establishes a linkage between the vehicle
normal load \26\ and the load specified for the high-speed test in
FMVSS No. 109.\27\ S4.2.2 will be extended to cover SUVs, vans,
trailers, and pickup trucks for the first time, which means that P-
metric and LT tires used on these vehicles will have a load reserve
similar to P-metric tires used on passenger cars.
---------------------------------------------------------------------------
\26\ 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.
\27\ This, under the proposed high speed test, would ensure at
least a 15 percent load reserve (high speed test load proposed is 85
percent) when the vehicle is operated at normal load.
---------------------------------------------------------------------------
The proposal also would extend S4.4.1(b) of FMVSS No. 110, which
requires that each rim shall retain a deflated tire in the event of a
rapid loss of inflation pressure from a vehicle speed of 97 km/h until
the vehicle is stopped with a controlled braking operation, to light
trucks and vans for the first time.
2. Rim Size and Type Designation for Light Trucks and Multipurpose
Passenger Vehicles
Currently, the rim size and type designation label information
requirements for light trucks and multipurpose passenger vehicles
(MPVs) (which include SUVs) are specified in S5.3.2 of FMVSS No. 120.
Light trucks and MPVs, unlike passenger cars, may be outfitted with
different sized rims which would require different size tires and
recommended inflation pressures for those tires. Under this proposal,
the rim size and designation label requirement on the certification
label would be added to FMVSS No. 110 for all light vehicles to which
FMVSS No. 120 is presently applicable. Rim information would not,
however, appear on the proposed vehicle placard or tire inflation
pressure label.
3. Maximum Permissible Inflation Pressure
The agency is not proposing to remove or to revise the requirement
for the maximum permissible inflation pressure marking on the tire,
except to extend this requirement to tires for use on all light
vehicles with a GVWR of 10,000 pounds or less, except LSVs and
motorcycles.\28\
---------------------------------------------------------------------------
\28\ FMVSS No. 119 does not contain a requirement that the
maximum permissible inflation pressure be labeled on new pneumatic
tires for vehicles other than passenger cars.
---------------------------------------------------------------------------
Commenters on the ANPRM and survey data noted that misunderstanding
as to the meaning of maximum permissible inflation pressure does exist
among consumers. Consumers often confuse the maximum permissible
inflation pressure labeled on the tire for the recommended inflation
pressure labeled on the vehicle placard. Nevertheless, most commenters
did not recommend deleting this labeling requirement. Several
commenters to the docket suggested adding information to the tire to
distinguish the maximum permissible inflation pressure from the
recommended inflation pressure. However, most expressed the view that
improved consumer information would be the most effective means to
correct the misunderstanding. The agency believes that it would be less
effective to require tire manufacturers to add additional language to
the sidewall to clarify the distinction between maximum inflation
pressure and recommended inflation pressure. Sidewalls are becoming
progressively smaller with the advent of low profile tires and
requiring additional information in this already crowded space could
cause greater consumer confusion.
Several commenters and focus group participants also noted that the
maximum inflation pressure provides a failsafe guideline for tire
inflation. The agency concurs that the greatest likelihood of tire
failure results from underinflation. Additionally, the inflating of
tires to the maximum inflation pressure while ``warm'' (i.e., after
being driven for any amount of time) will most likely result in the
tires being inflated to an amount below the maximum inflation pressure
because the warm tire will register a higher inflation pressure than
when the tire is measured when ``cold'' (not driven for at least three
hours).
The agency also anticipates that improvements in the tire placard,
standardizing the placard location, and an expanded consumer
information program would reduce the number of consumers who mistake
the maximum inflation pressure for the recommended inflation pressure.
4. UTQGS
Several commenters on the ANPRM questioned the utility of the UTQGS
ratings to consumers and suggested that they be repealed. Other
commenters recommended extending the applicability of UTQGS to
additional categories of tires, e.g., mud and snow. One commenter
suggested that temperature grades could be eliminated since they are
redundant with speed rating information.\29\ Since the TREAD Act
imposed an 18-month deadline on this rulemaking, the agency does not
have sufficient time to study and analyze the issues involved with
proposing revisions to the UTQGS. Additionally, the UTQGS is
statutorily mandated (see 49 U.S.C. 30123(b). The agency, in a future
rulemaking, may propose to revise some or all of the grading
requirements in Part 575.104, Uniform Tire Quality Grading Standards.
---------------------------------------------------------------------------
\29\ The speed rating of a tire is generally indicated on the
tire although not required by either FMVSS Nos. 109 and 119.
---------------------------------------------------------------------------
5. Consumer Information Campaign
In conjunction with the proposals discussed above and in response
to the TREAD Act, the agency is also launching a consumer information
[[Page 65557]]
campaign addressing tire safety and maintenance. Consumer information
campaigns are an institutionalized part of NHTSA's statutory mandate
and operating practices. Quantifiable data confirming the crash
reduction effectiveness of these programs is minimal, as funding does
not exist to perform the evaluations necessary to establish this level
of effectiveness. However, the successes of increased seat belt use,
greater air bag knowledge, reduced drunk driving, knowledge of star
ratings, vastly increased NCAP web site use, knowledge of rollover
dangers, greater knowledge of child safety issues, and increased
dissemination of the brochures ``Buying A Safer Car'' and ``Buying a
Safer Car For Child Passengers'' demonstrate that the agency's consumer
information programs are effective in increasing public awareness of
safety issues and, consequently, reducing deaths and injuries.
6. Point-of-Sale Information
The agency, as part of this rulemaking, does not propose to require
dealers to provide point-of-sale tire information. The agency does not
possess evidence that point-of-sale information would prove more
successful than consumer information campaigns at educating the
consumer concerning tire safety. Therefore, it cannot presently justify
the additional costs to manufacturers and dealers of such a
requirement. If the agency's consumer information campaign proves
unsuccessful at increasing the public awareness of tire safety, the
agency could reexamine this issue in a future rulemaking.
7. Vehicle Certification Labels
Vehicle certification label requirements, contained in part 567,
would not be revised by this proposal except to reference the proposed
FMVSS No. 110, as well as FMVSS No. 120, in Sec. 567.4 concerning tire-
rim combinations for light trucks and MPVs, and to require that the
label contain the tire-rim combination installed as original equipment
on the vehicle by the vehicle manufacturer.
8. International Harmonization
NHTSA generally supports international harmonization in cases where
such harmonization is consistent with its statutory mandate to ensure
motor vehicle safety. The tire industry has become global in
manufacturing, marketing, and sales. In 1999, domestic tire
manufacturers exported 22.3 million passenger car tires and 3.8 million
light truck tires to foreign markets. In the same year, the U.S.
imported 45 million passenger car tires and 5.4 million light truck
tires from foreign sources. It is apparent, therefore, that maximum
harmonization of tire requirements would benefit both U.S. and foreign
vehicle and tire manufacturers.
At this time, however, the overall need for safety precludes, in
NHTSA's view, the adoption of foreign or international labeling
provisions. The labeling requirements contained in GTS-2000 and ECE 30
and 54 do not contain counterparts for some of the provisions in our
current requirements, e.g., labeling of maximum permissible inflation
pressure on the tire, and in our proposed requirements, e.g., labeling
of passenger and cargo weight on the vehicle. Additionally, Canada's
tire labeling provisions mirror our current requirements but do not
contain the novel labeling requirements proposed in this document.
Furthermore, we believe the two labeling requirements contained in
GTS-2000 and ECE 30 and 54, speed-category symbol and load index \30\,
have not been shown to communicate information effectively to the U.S.
public.
---------------------------------------------------------------------------
\30\ Under these regulations, the speed-category symbol and the
load index are to be placed together near the size designation. For
example, the sidewall would contain the size designation ``PS15/
65R15 89H'' where ``H'' is the speed-category symbol and ``89'' is
the load index.
---------------------------------------------------------------------------
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.
------------------------------------------------------------------------
Rated Rated
Speed symbol speed--km/ Speed speed--km/
h symbol h
------------------------------------------------------------------------
F...................................... 80 R 170
G...................................... 90 S 180
J...................................... 100 T 190
K...................................... 110 U 200
L...................................... 120 H 210
M...................................... 130 V 240
N...................................... 140 W 270
P...................................... 150 Y 300
Q...................................... 160 ZR > 300
------------------------------------------------------------------------
The load index requirement in GTS-2000 and ECE Regulation Nos. 30
and 54, in contrast to our current requirement to provide the maximum
load rating on the sidewall of the tire, provides a value which is not
intuitive to consumers and would require a vehicle operator to look to
the owner's manual or standard to determine the actual tire maximum
load.
9. Organization of Tire Labeling Information
Some comments on the ANPRM suggested improving the organization and
coherency of the tire information that currently appears in more than
six different standards and sections on tire information. The agency
will try to develop a simple brochure that explains to the public what
the tire information requirements are and what they mean.
VII. Request for Comments on Particular Issues
(1) 49 U.S.C. 30123 states: ``(c) Maximum load standards. The
Secretary shall require a motor vehicle to be equipped with tires that
meet maximum load standards when the vehicle is loaded with a
reasonable amount of luggage and the total number of passengers the
vehicle is designed to carry.'' Should NHTSA define or specify what a
``reasonable amount of luggage'' is for a vehicle with an occupant in
every designated seating position? The agency requests comments on this
question. Please be specific in your response and provide a basis for
your answer.
(2) Tire manufacturer commenters pointed to GTS-2000 and ECE
Regulations 30 and 54 to address issues raised in the ANPRM. These
commenters generally cited decreased costs and increased information
consistency as a benefit of minimized regulatory divergence. These
commenters, however, did not cite specific labeling requirements in
these international and foreign standards and did not discuss the
safety impacts from the adoption of these standards. NHTSA requests
comments on which, if any, labeling requirements in any foreign or
international standard should be considered by NHTSA and why. Please be
specific in your response and provide a basis for your answer.
(3) Most commenters agree that adding additional required
information to the tire sidewall is unwarranted or challenging due to
space and readability concerns. Additionally, some commenters have
indicated that certain information added at the option of the
manufacturer, e.g., warranty information, is not useful to consumers.
Based on these sentiments, should the agency consider prohibiting some
or all non-required information from being labeled on the tire
sidewalls? Please be specific in your response and provide a basis for
your answer.
VIII. Benefits
NHTSA believes that this proposal would be effective in increasing
public
[[Page 65558]]
awareness of tire safety, particularly the understanding and
maintenance of proper tire inflation and load limits. This proposal
will also enable consumers to more easily identify the TIN and other
tire information for recalls and other notifications. The proposal will
standardize the location and content of important information relating
to proper inflation and load limits and other tire safety concerns.
These measures, by increasing consumer knowledge and awareness, should
result in reduced tire failures and tire related crashes, and therefore
fewer deaths and injuries.
IX. Costs
NHTSA believes that this proposal would result in minimal costs for
tire manufacturers. Tire labeling information is already required for
tires for light vehicles. Therefore, the cost of molding this
information should be the same, even if the information is changed.
NHTSA estimates that the added cost for labeling tires under this
proposal would equal $0.01 per tire or less. Since 300 million tires
are produced per year the total annual cost for the proposed tire
labeling requirements would equal $3 million ($0.01 x 300 million).
NHTSA also believes that this proposal would result in minimal
costs for vehicle manufacturers and consumers. Vehicle placard
information is already required for passenger cars and owner's manual
information is already required for light vehicles. Therefore, the
costs of printing a new or revised vehicle placard and/or tire
inflation pressure label, the owner's manual pages, and installation of
the placard and/or label should be minimal. The only cost would be a
one time cost to change production for the new vehicle placard and/or
tire inflation pressure label, the application of the vehicle placard
and/or tire inflation pressure label to all light vehicles, not only
passenger cars, and the new owner's manual pages.
NHTSA estimates that the cost of a new vehicle placard or tire
inflation pressure label would be $0.01 or less per vehicle for
producing the new placard or label and $0.04 for the application of the
new placard or label. NHTSA estimates that with approximately 100% of
light trucks, MPVs, and trailers (9 million annually) utilizing both
the placard and label and 30% of passenger cars (.30 x 8 million =
2.4 million) utilizing both the placard and label, the total costs for
the vehicle placard and tire inflation pressure label proposals would
equal $626,000.
For the owner's manual information, NHTSA estimates that one time
writing and editing costs would equal $12,000 ((8 hours labor x
$30.00 per hour) x (50 owner's manuals (25 manufacturers, 2 manuals
each (one for passenger cars and one for light trucks, MPVs, or
trailers)))). The print and layout costs per manual are estimated at
$0.10 per manual. Since 17 million light vehicles are produced
annually, the total print and layout costs for the manuals equal
$1,870,000 with an overprint margin of 10 percent, and the total
owner's manual costs equal $1,882,000.
Adding the total tire and vehicle manufacturing costs together
results in approximately $5.5 million in annual costs. The agency
requests comment on this estimate. Please be specific in your response
and provide a basis for your answer.
X. Lead Time
Section 11 of the TREAD Act requires the agency to issue a final
rule on this tire labeling proposal by June 1, 2002. Congress did not
set a date by which all covered tires and vehicles would have to meet
the improved tire information requirements. The agency proposes to
phase-in compliance for tires according to the following schedule: All
P-metric tires manufactured on or after September 1, 2003, and all LT
tires manufactured on or after September 1, 2004. Additionally, all
light vehicles manufactured on or after September 1, 2003 would have to
comply with the final rule. This proposed lead time would be consistent
with the lead time proposed for the tire performance upgrade.
XI. Rulemaking Notices and Analyses
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
E.O. 12866 and the Department of Transportation's regulatory policies
and procedures. This rulemaking document was not reviewed under E.O.
12866, ``Regulatory Planning and Review.'' This action has been
determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures. The proposal is
likely to result in expenditure by tire and automobile manufacturers of
approximately $5.5 million in annual costs. As explained above, NHTSA
believes that this proposal would result in minimal cost for
manufacturers and consumers. As this is a proposal to change existing
requirements, the only cost would be a one-time cost to change
production to the new tire, vehicle placard and/or tire inflation
pressure label, or vehicle owner's manual pages and a minimal costs for
installation of the vehicle placard and/or tire inflation pressure
label to all light vehicles.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their proposed
and final rules on small business, small organizations and small
governmental jurisdictions. I hereby certify that the proposed
amendment would not have a significant economic impact on a substantial
number of small entities.
The proposed rule would affect motor vehicle manufacturers and tire
manufacturers. The agency does not believe that any of the tire
manufacturers are small businesses. However, there are about 1,000
retread manufacturers in the United States, of which about 750 deal
with light vehicle tires that will in some small way be impacted by
this rule. Most of these retreaders are small businesses.
NHTSA estimates that there are only about four small passenger car
and light truck vehicle manufacturers in the United States. These
manufacturers serve a niche market. The agency believes that small
manufacturers manufacture less than 0.1 percent of total U.S. passenger
car and light truck production per year.
The agency requests comments concerning the economic impact of the
proposed rule on retreaders and small vehicle manufacturers.
C. National Environmental Policy Act
NHTSA has analyzed this proposal for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action would not have any significant impact on the quality of
the human environment.
D. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federal implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The proposal would not have
any substantial impact on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials.
[[Page 65559]]
E. Unfunded Mandates Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted annually for inflation with base year of 1995). Adjusting
this amount by the implicit gross domestic product price deflator for
the year 2000 results in $109 million (106.99/98.11 = 1.09). The
assessment may be included in conjunction with other assessments, as it
is here.
This proposal is likely to result in expenditure by tire and
automobile manufacturers of approximately $5.5 million in annual costs.
F. Civil Justice Reform
This proposal would not have any retroactive effect. Under 49
U.S.C. 21403, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 21461 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
G. Paperwork Reduction Act
This proposal contains the following ``collections of
information,'' as that term is defined in 5 CFR Part 1320 Controlling
Paperwork Burdens on the Public:
Tire and Vehicle Placard Labeling Requirements--The Department of
Transportation is submitting the following information collection
request to OMB for review and clearance under the Paperwork Reduction
Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35).
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: Tires and Rims Labeling, and Vehicle Placard Requirements.
Type of Request: Additional collection of information for an
existing collection.
OMB Clearance Number: 2127-0503.
Affected Public: The tire-labeling respondents are manufacturers
and retreaders of tires. The agency estimates that there are about 8
such new tire manufacturers and 1200 retread manufacturers. The placard
labeling respondents are manufacturers of MPVs covered by FMVSS
571.120. The agency estimates that there are 935 vehicle manufacturers
affected by this collection.
Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information: NHTSA estimates that the
total annual hour burden is 111,539 hours for tire labeling and 25,184
for vehicle placard requirements.
Estimated Costs: NHTSA estimates the total cost annual burden for
tire labeling to be $3,000,000. The estimated total cost annual burden
for vehicle placards is $626,000. No additional resources would be
expended by manufacturers to gather additional information because they
already compile this data for their own uses.
Summary of the Collection of Information: The provisions of the
proposed amendments herein requiring manufacturers to provide certain
information on both sidewalls of tires, e.g., the TIN, and certain
information on a placard or label for vehicles other than passenger
cars, e.g., vehicle capacity weight, seating capacity, for the benefit
of consumers are considered to be third-party information collection
requirements as defined by the Office of Management and Budget (OMB) in
5 CFR part 1320.
Description of the Need for the Information and Proposed Use of the
Information: The provisions of the proposed amendments herein requiring
manufacturers to provide certain information on both sidewalls of
tires, e.g., the TIN, and certain information on a placard or label for
vehicles other than passenger cars, e.g., vehicle capacity weight,
seating capacity, are for the benefit of consumers. NHTSA requests
comments on the agency's estimates of the total annual hour and cost
burdens resulting from this collection of information. These comments
must be received on or before February 19, 2002.
Vehicle Owner's Manual Requirements--The Department of
Transportation is submitting the following information collection
request to OMB for review and clearance under the Paperwork Reduction
Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35).
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: Consolidated Vehicle Owner's Manual Requirements of Motor
Vehicles and Motor Vehicle Equipment.
Type of Request: Additional collection of information for an
existing collection.
OMB Clearance Number: 2127-0541.
Affected Public: The respondents are manufacturers of motor
vehicles with a gross vehicle weight rating of 10,000 pounds or less,
except for motorcycles and LSVs. The agency estimates that there are 50
model lines for which there are owner's manuals. It is estimated that
about 25 vehicle manufacturers are affected by this collection.
Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information: NHTSA estimates that the
total annual hour burden is 400 hours for this information collection.
Estimated Costs: NHTSA estimates the total cost annual burden for
revising the owner's manuals to be $1,882,000.
Summary of the Collection of Information: The provisions of the
proposed amendments herein requiring manufacturers to provide
information in owners' manuals explaining tire and vehicle load limit
information for the benefit of consumers are considered to be third-
party information collection requirements as defined by the Office of
Management and Budget (OMB) in 5 CFR part 1320.
Description of the Need for the Information and Proposed Use of the
Information: The provisions of the proposed amendments herein requiring
manufacturers to provide information in owners' manuals explaining tire
and vehicle load limit information are for the benefit of consumers.
NHTSA requests comments on the agency's estimates of the total annual
hour and cost burdens resulting from this collection of information.
These comments must be received on or before February 19, 2002.
H. Plain Language
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
[[Page 65560]]
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
If you have any responses to these questions, please include them
in your comments on this proposal.
XII. Submission of Comments
How Can I Influence NHTSA's Thinking on This Proposed Rule?
In developing this proposal, we tried to address the concerns of
all our stakeholders. Your comments will help us improve this rule. We
invite you to provide views on options we propose, to suggest new
approaches we have not considered, provide new data, indicate how this
proposed rule may affect you, or provide other relevant information. We
welcome your views on all aspects of this proposed rule, but request
comments on specific issues throughout this document. We grouped these
specific requests near the end of the sections in which we discuss the
relevant issues. Your comments will be most effective if you follow the
suggestions below:
Explain your views and reasoning as clearly as possible.
Provide solid technical and cost data to support your
views.
If you estimate potential costs, explain how you arrived
at the estimate.
Tell us which parts of the proposal you support, as well
as those with which you disagree.
Provide specific examples to illustrate your concerns.
Offer specific alternatives.
Refer your comments to specific sections of the proposal,
such as the units or page numbers of the preamble, or the regulatory
sections.
Be sure to include the name, date, and docket number with
your comments.
How Do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
Comments may also be submitted to the docket electronically by
logging onto the Dockets Management System Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain
instructions for filing the document electronically.
How Can I Be Sure That My Comments Were Received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR part 512.)
Will the Agency Consider Late Comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider it in
developing a final rule (assuming that one is issued), we will consider
that comment as an informal suggestion for future rulemaking action.
How Can I Read the Comments Submitted by Other People?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location.
You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
(1) Go to the Docket Management System (DMS) Web page of the
Department of Transportation (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/).
(2) On that page, click on ``search.''
(3) On the next page (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/search/), type in the
four-digit docket number shown at the beginning of this document.
Example: If the docket number were ``NHTSA-1998-1234,'' you would type
``1234.'' After typing the docket number, click on ``search.''
(4) On the next page, which contains docket summary information for
the docket you selected, click on the desired comments. You may
download the comments. However, since the comments are imaged
documents, instead of word processing documents, the downloaded
comments are not word searchable.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
XII. Proposed Regulatory Text
List of Subjects in 49 CFR Parts 567, 571, 574, and 575
Certification, Consumer information, Imports, Motor vehicle safety,
Motor vehicles, Rubber and rubber products, Tires.
In consideration of the foregoing, we propose to amend 49 CFR parts
567, 571, 574 and 575 as follows:
PART 567--CERTIFICATION
1. The authority citation for part 567 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166, 32502,
32504, 33101-33104, 33108, and 33109; delegation of authority at 49
CFR 1.50.
2. Part 567 would be amended by revising Sec. 567.4(h)(2) as
follows:
Sec. 567.4 Requirements for manufacturers of motor vehicles.
* * * * *
(h) * * *
(2) (For multipurpose passenger vehicles, trucks, buses, trailers,
and motorcycles.) The manufacturer may, at its option, list more than
one GVWR-GAWR-tire-rim combination on the label as long as the listing
contains the tire-rim combination installed as original equipment on
the vehicle by the vehicle manufacturer and conforms in content and
format to the requirements for the Tire-rim-inflation information set
[[Page 65561]]
forth in Sec. 571.120, Sec. 571.129 and Sec. 571.139 of this chapter.
* * * * *
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
3. The authority citation for part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 2011, 30115, 30166 and 30177;
delegation of authority at 49 CFR 1.50.
4. Section 571.110 would be amended by revising its heading and S2,
S4.3 and S4.3.1, by adding S4.3.2, and by adding Figure 1 and Figure 2
at the end of Section 571.110, to read as follows:
Sec. 571.110 Standard No. 110--Tire selection and rims for motor
vehicles with a GVWR of 10,000 pounds or less.
* * * * *
S2. Application. This standard applies to motor vehicles with a
gross vehicle weight rating (GVWR) of 10,000 pounds or less, except for
motorcycles, and to non-pneumatic spare tire assemblies for use on
those vehicles.
S4. * * *
S4.3 Placard. Each vehicle shall show the information specified in
S4.3 (a) through (f) on a placard permanently affixed to the B-pillar,
or, if the vehicle does not contain a B-pillar, the drivers side door
edge. This information shall be in the English language, lettered in
block capitals and numerals not less than 2.4 millimeters high and
conform in size, color, and format as set forth in Figure 1 in S4.3. At
the manufacturer's option, the information specified in S4.3(c) and (d)
may be shown, alternatively, on a tire inflation pressure label, and
conform in size, color, and format as set forth in Figure 2 in S4.3,
permanently affixed and proximate to the placard required by this
paragraph. The information specified in S4.3(e) shall be shown on both
the vehicle placard and on any existing tire inflation pressure label
in the format and color scheme set forth in Figures 1 and 2.
(a) Vehicle capacity weight expressed as ``THE COMBINED WEIGHT OF
OCCUPANTS AND CARGO SHOULD NEVER EXCEED XXX POUNDS'';
(b) Designated seated capacity (expressed in terms of total number
of occupants and number of occupants for each seat location);
(c) Vehicle manufacturer's recommended cold tire inflation
pressure, subject to the limitations of 4.3.2;
(d) Tire size designation for the tire installed as original
equipment on the vehicle by the vehicle manufacturer;
(e) ``TIRE INFORMATION'';
(f) ``SEE OWNER'S MANUAL FOR ADDITIONAL INFORMATION''; and
(g) For a vehicle equipped with a non-pneumatic assembly, the tire
identification code with which that assembly is labeled pursuant to the
requirements of S4.3(a) of Sec. 571.129, New Non-Pneumatic Tires for
Passenger Cars.
S4.3.1 Additional labeling information for vehicles other than
passenger cars. Each vehicle shall show the size designation and, if
applicable, the type designation of rims (not necessarily those on the
vehicle) appropriate for the tire appropriate for use on that vehicle,
including the tire installed as original equipment on the vehicle by
the vehicle manufacturer, after each GAWR listed on the certification
label required by Sec. 567.4 or Sec. 567.5 of this chapter. This
information shall be in the English language, lettered in block
capitals and numerals not less than 2.4 millimeters high and in the
following format:
Truck Example--Suitable Tire-Rim Choice
GVWR: 2,441 kilograms (5381 pounds)
GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16
tires, 16 x 8.0 rims at 240 kPa (36 psi) cold single.
GAWR: Rear--1,142 kilograms (2,864 pounds) with P265/70R16
tires, 16 x 8.00 rims, at 245 kPa (36 psi) cold single.
S4.3.2 No inflation pressure other than the maximum permissible
inflation pressure may be shown unless--
(a) It is less than the maximum permissible inflation pressure;
(b) It is appropriate for the load limits as calculated in
accordance with S4.2; and
(c) The tire load rating specified in a submission by an individual
manufacturer, pursuant to S4.1.1(a) of Sec. 571.139 or contained in one
of the publications described in S4.1.1.(b) of Sec. 571.139, for the
tire size at that inflation pressure is not less than the vehicle
maximum load and the vehicle normal load.
* * * * *
BILLING CODE 4910-59-P
[[Page 65562]]
[GRAPHIC] [TIFF OMITTED] TP19DE01.003
[[Page 65563]]
[GRAPHIC] [TIFF OMITTED] TP19DE01.004
BILLING CODE 4910-59-C
5. Section 571.117 would be amended by revising S6.3 (including
removing Table 1 and the undesignated paragraph following S6.3(h)), to
read as follows:
Sec. 571.117 Standard No. 117; Retreaded pneumatic tires.
* * * * *
S6. * * *
S6.3. Labeling. Each retreaded tire shall comply with the
requirements of S5.5. of Sec. 571.139.
* * * * *
6. Section 571.120 would be amended by revising its heading, and S3
to read as follows:
Sec. 571.120 Standard No. 120; Tire selection and rims for motor
vehicles with a GVWR of more than 10,000 pounds.
* * * * *
S3. Application. This standard applies to motor vehicles with a
gross vehicle weight rating (GVWR) of more than 10,000 pounds and
motorcycles, to rims for use on those vehicles, and to non-pneumatic
spare tire assemblies for use on those vehicles.
* * * * *
7. Section 571.129 would be amended by revising S4.3 to read as
follows:
Sec. 571.129 Standard No. 129; New non-pneumatic tires for passenger
cars.
* * * * *
S4. * * *
S4.3. Labeling Requirements. Each new non-pneumatic tire shall
comply with the requirements of S5.5 of Sec. 571.139.
* * * * *
8. Section 571.139 would be added to read as follows:
Sec. 571.139 Standard No. 139; New pneumatic tires for motor vehicles
with a GVWR of 10,000 pounds or less.
S1. Scope and purpose. This standard specified tire dimensions,
test requirements, labeling requirements, and defines tire load
ratings.
S2. Application. This standard applies to new pneumatic tires for
use on motor vehicles (other than motorcycles) that have a gross
vehicle weight rating (GVWR) of 10,000 pounds or less and that were
manufactured after 1975.
S3. Definitions. [Reserved]
[[Page 65564]]
S4. Tire and rim matching information.
S4.1. Each manufacturer of tires shall ensure that a listing of the
rims that may be used with each tire that it produces is provided to
the public in accordance with S4.1.1 and S4.1.2.
S4.1.1 Each rim listing for a tire shall include dimensional
specifications and a diagram of the rim and shall be in one of the
following forms:
(a) Listed by manufacturer name or brand name in a document
furnished to dealers of the manufacturer's tires, to any person upon
request, and in duplicate to: Docket Section, National Highway Traffic
Safety Administration, 400 Seventh Street, SW, Washington, DC 20590; or
(b) Contained in publications, current at the date of manufacture
of the tire or any later date, of at least one of the following
organizations:
(1) The Tire and Rim Association.
(2) The European Tyre and Rim Technical Organization.
(3) Japan Automobile Tire Manufacturers' Association, Inc.
(4) Tyre & Rim Association of Australia.
(5) Associacao Latino Americana de Pneus e Aros (Brazil).
(6) South African Bureau of Standards.
S4.1.2 A listing compiled in accordance with paragraph (a) of
S4.1.1 need not include dimensional specifications or a diagram of a
rim whose dimensional specifications and diagram are contained in a
listing published in accordance with paragraph (b) of S4.1.1.
S4.2. Information contained in a publication specified in S4.1(b)
that lists general categories of tires and rims by size designation,
type of construction, and/or intended use, shall be considered to be
manufacturer's information pursuant to S4.1 for the listed tires,
unless the publication itself or specific information provided
according to S4.1(a) indicates otherwise.
S5. General requirements. [Reserved]
S5.5 Tire Markings. Except as specified in paragraphs (a) through
(i) of this S5.5, each tire shall be marked on each sidewall with the
information specified in S5.5 (a) through (e) and on one sidewall with
the information specified in S5.5 (f) through (i). The markings shall
be placed between the maximum section width and the bead on at least
one sidewall, unless the maximum section width of the tire is located
in an area which is not more than one-fourth of the distance from the
bead to the shoulder of the tire. If the maximum section width falls
within that area, those markings shall appear between the bead and a
point one-half the distance from the bead to the shoulder of the tire,
on at least one sidewall. The markings shall be in letters and numerals
not less than 0.078 inch high and raised above or sunk below the tire
surface not less than 0.015 inch. The tire identification and DOT
symbol labeling shall comply with part 574 of this chapter.
(a) The symbol DOT, which shall constitute a certification that the
tire conforms to applicable Federal motor vehicle safety standards;
(b) The tire identification number required by part 574 of this
chapter;
(c) The tire size designation as listed in the documents and
publications specified in S4.1.1;
(d) The maximum permissible inflation pressure;
(e) The maximum load rating;
(f) The generic name of each cord material used in the plies (both
sidewall and tread area) of the tire;
(g) The actual number of plies in the sidewall, and the actual
number of plies in the tread area if different;
(h) The words ``tubeless'' or ``tube type'' as applicable; and
(i) The word ``radial'' if the tire is a radial ply tire.
S5.5.1 Each tire shall be labeled with the name of the
manufacturer, or brand name and number assigned to the manufacturer in
the manner specified in part 574.
S5.5.2 [Reserved]
S5.5.3 If the maximum inflation pressure of a tire is 240, 280,
290, 300, 330, 340, 350 or 390 kPa, then:
(a) Each marking of that inflation pressure pursuant to S5.5(d)
shall be followed in parenthesis by the equivalent psi, rounded to the
next higher whole number; and
(b) Each marking of the tire's maximum load rating pursuant to
S5.5(e) in kilograms shall be followed in parenthesis by the equivalent
load rating in pounds, rounded to the nearest whole number.
S5.5.4 If the maximum inflation pressure of a tire is 420 kPa (60
psi), the tire shall have permanently molded into or onto both
sidewalls, in letters and numerals not less than \1/2\ inch high, the
words ``Inflate to 60 psi'' or ``Inflate to 420 kPa (60 psi).'' On both
sidewalls, the words shall be positioned in an area between the tire
shoulder and the bead of the tire. However, in no case shall the words
be positioned on the tire so that they are obstructed by the flange of
any rim designated for use with that tire in this standard or in
Standard No. 110 (Sec. 571.110 of this part).
S6. Test procedures, conditions and performance requirements.
[Reserved]
S7. [Reserved]
PART 574--TIRE IDENTIFICATION AND RECORD KEEPING
9. The authority citation for part 574 would continue to read as
follows:
Authority: 15 U.S.C. 1392, 1401, 1403, 1407, 1411-1420, 1421;
delegation of authority at CFR 1.50.
10. Section 574.5 would be amended by revising paragraphs (b) and
(d), and Figures 1 and 2 to read as follows:
Sec. 574.5 Tire identification requirements.
* * * * *
(b) Second grouping. For tires produced or retreaded on and after
September 1, 2003, the second grouping, consisting of four numerical
symbols, must identify the week and year of manufacture. The first two
symbols must identify the week of the year by using ``01'' for the
first full calendar week in each year, ``02'' for the second full
calendar week, and so on. The calendar week runs from Sunday through
the following Saturday. The final week of each year may include not
more than 6 days of the following year. The third and fourth symbols
must identify the year. Example: 0101 means the 1st week of 2001, or
the week beginning Sunday, January 7, 2001, and ending Saturday,
January 13, 2001.
* * * * *
(d) Fourth grouping. For new tires, the fourth group, consisting of
no more than 2 symbols, may be used at the option of the manufacturer,
to identify the tire size. For a new non-pneumatic tire or a non-
pneumatic tire assembly, the fourth group, of not more than two
symbols, shall be used to identify the non-pneumatic tire
identification code. For retreaded tires, the fourth group, of no more
than two symbols, shall identify the retread matrix in which the tire
was processed or a tire size code if a matrix was not used to process
the retreaded tire. Each new tire manufacturer and retreader shall
maintain a record of each symbol used, with the corresponding matrix or
tire size, and shall provide such record to the NHTSA upon written
request.
BILLING CODE 4910-59-P
[[Page 65565]]
[GRAPHIC] [TIFF OMITTED] TP19DE01.005
[[Page 65566]]
[GRAPHIC] [TIFF OMITTED] TP19DE01.006
BILLING CODE 4910-59-C
[[Page 65567]]
* * * * *
PART 575--CONSUMER INFORMATION REGULATIONS
11. The authority citation for part 575 would continue to read as
follows:
Authority: 15 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at CFR 1.50.
12. Section 575.6 would be amended by adding paragraph (a)(4) to
read as follows:
Sec. 575.6 Requirements
* * * * *
(a)(4) At the time that a motor vehicle with a GVWR of 10,000
pounds or less, except a motorcycle or low speed vehicle, manufactured
on or after September 1, 2003 is delivered to the first purchaser for
purposes other than resale, the manufacturer shall provide to the
purchaser, in writing in the English language and not less than 10
point type, a discussion of the items specified in paragraphs (a)(4)
(i) through (v) of this section in the owner's manual, or, if there is
no owner's manual, in a document.
(i) Tire labeling, including a description and explanation of each
marking on the tires provided with the vehicle, including locating the
Tire Identification Number (TIN);
(ii) Recommended tire inflation pressure, including a description
and explanation of
(A) Recommended cold tire inflation pressure,
(B) The vehicle placard and tire inflation pressure label specified
in Federal Motor Vehicle Safety Standard No. 110 and their location in
the vehicle,
(C) Adverse safety consequences of underinflation (including tire
failure), and
(D) Measuring and adjusting air pressure to achieve proper
inflation;
(iii) Glossary of tire terminology, including ``cold tire
pressure,'' ``maximum inflation pressure,'' and ``recommended inflation
pressure,'' and all non-technical terms defined in S3 of FMVSS Nos. 110
& 139;
(iv) Tire care, including maintenance and safety practices;
(v) Vehicle load limits, including a description and explanation of
(A) Locating and understanding load limit information, total load
capacity, seating capacity, towing capacity, and cargo capacity,
(B) Calculating total and cargo load capacities with varying
seating configurations including quantitative examples showing/
illustrating how the vehicle's cargo and luggage capacity decreases as
the combined number and size of occupants increases,
(C) Determining compatibility of tire and load capabilities,
(D) Adverse safety consequences of overloading on handling and
stopping and on tires, and
(E) When to use either the recommended inflation pressure or a
higher inflation pressure (up to the maximum inflation pressure) based
on the amount of load being carried by the tires. This information, for
example, could be provided on an insert in the following format:
------------------------------------------------------------------------
-------------------------------------------------------------------------
Steps for Determining Correct Load Limit
(1) Locate the statement ``The combined weight of occupants and cargo
should never exceed XXX pounds'' on your vehicle's placard.
(2) Determine the combined weight of the passengers that will be riding
in your vehicle.
(3) Subtract the combined weight of the passengers from XXX pounds.
(4) The resulting figure equals the available amount of cargo and
luggage load capacity. For example, if the ``XXX'' amount equals 1500
lbs. and there will be 5-150 lb passengers in your vehicle, the amount
of available cargo and luggage load capacity is 750 lbs. (1500 - 750 (5
x 150) = 750 lbs.)
(5) Determine the combined weight of luggage and cargo being loaded on
the vehicle. That weight may not safely exceed the available cargo and
luggage load capacity calculated in Step 4.
(6) If your vehicle will be towing a trailer, load from your trailer
will be transferred to your vehicle. Consult this manual to determine
how this reduces the available cargo and luggage load capacity of your
vehicle.
(7) Under certain loading or driving conditions, a higher inflation
pressure may be required. Consult your owner's manual for further
information.
------------------------------------------------------------------------
* * * * *
Issued: December 12, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-30989 Filed 12-13-01; 10:40 am]
BILLING CODE 4910-59-P