Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 48539 

1 84 FR 43563. 

2 71 FR 877. 

3 72 FR 49207. 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622, in paragraph (i), amend 

the Post-Transition Table of DTV 

Allotments, under Texas, by revising the 

entry for ‘‘Fredericksburg’’ to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(i) * * * 

Community Channel No. 

* * * * * 

TEXAS 

* * * * * 

Fredericksburg ....................... 8 

* * * * * 

[FR Doc. 2021–18782 Filed 8–30–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2019–0074] 

RIN 2127–AL87 

Federal Motor Vehicle Safety 

Standards; Technical Corrections and 

Clarifications Related to Tires and 

Rims 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This document amends 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 109, ‘‘New pneumatic and 

certain specialty tires,’’ in response to a 

petition for rulemaking from the Tire 

and Rim Association, to clarify the 

applicability of the FMVSSs to certain 

types of tires intended for use on 

trailers. Based on a review of prior 

amendments to FMVSS Nos. 109 and 

119, ‘‘New pneumatic tires for motor 

vehicles with a Gross Vehicle Weight 

Rating (GVWR) of more than 4,536 

kilograms (10,000 pounds) and 

motorcycles.’’ NHTSA concludes that it 

inadvertently made these tires subject to 

both FMVSS Nos. 109 and 119, when it 

was the Agency’s intent to make them 

subject only to FMVSS No. 119. This 

document corrects that error, and also 

includes nonsubstantive technical 

corrections to tire and rim regulations. 

DATES: The effective date of this rule is 

September 30, 2021. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received not later than October 

15, 2021. 

ADDRESSES: Petitions for reconsideration 

of this final rule must refer to the docket 

and notice number set forth above and 

be submitted to the Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. For 

hand delivery or courier delivery, 

delivery is only possible between 9:00 

a.m. and 5:00 p.m. Eastern time. To be 

sure someone is there to help you, 

please call (202) 366–9332 before 

coming. 

FOR FURTHER INFORMATION CONTACT: 

David Jasinski, Office of the Chief 

Counsel, by telephone at (202) 366– 

2992, and by fax at (202) 366–3820. You 

may send mail to this official at the 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Summary of the NPRM 

On August 21, 2019, NHTSA 

published in the Federal Register a 

Notice of Proposed Rulemaking (NPRM) 

proposing amendments to FMVSS No. 

109, in response to a petition from the 

Tire and Rim Association (TRA). TRA 

sought to clarify the applicability of the 

FMVSSs to certain types of tires 

intended for use on trailers (Special 

Trailer (ST) tires, Farm Implement (FI) 

tires, and tires with a rim diameter code 

of 12 or below (hereinafter, ‘‘specialty 

tires’’)), and sought other 

nonsubstantive technical amendments.1

The NPRM proposed to clarify NHTSA’s 

intent to make specialty tires intended 

for use on trailers to be subject only to 

FMVSS No. 119. 

In the NPRM, NHTSA acknowledged 

that in a January 2006 final rule,2

NHTSA stated its intent for specialty 

tires to be subject to FMVSS No. 119, 

but in an August 2007 final rule had 

inadvertently made specialty tires also 

subject to FMVSS No. 109.3 Further, 

NHTSA acknowledged that FMVSS No. 

109 does not specify test conditions for 

specialty tires with maximum inflation 

pressures not specified in FMVSS No. 

109. Without specified test pressures, 

NHTSA cannot test specialty tires for 

compliance with FMVSS No. 109. While 

this issue could be remedied by adding 

new test pressures to FMVSS No. 109, 

NHTSA stated its belief that making 

specialty tires subject to FMVSS No. 119 

is preferable because FMVSS No. 119 

specifies test conditions based on load 

range designations. Doing so would 

provide the tire industry flexibility to 

change maximum tire inflation 

pressures for specialty tires without first 

requesting regulatory changes from 

NHTSA. 

Based on the foregoing, NHTSA 

proposed an amendment to FMVSS No. 

109 to remove references to specialty 

tires from the title and the 

‘‘Application’’ section. Second, NHTSA 

proposed to add a reference to specialty 

tires to the title of FMVSS No. 119. In 

addition, though not suggested by TRA, 

NHTSA proposed an amendment to the 

‘‘Scope’’ section of FMVSS No. 119 to 

include a reference to specialty tires, to 

provide added clarity regarding the 

applicability of FMVSS No. 119 to 

specialty tires. Specialty tires are 

already listed in the ‘‘Application’’ 

section of FMVSS No. 119. 


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4 75 FR 60036 (Sep. 29, 2010). These proposals 

did not receive adverse comments responding to 

that NPRM. 

5This amendment had been proposed previously 

in a January 10, 2013 Supplemental NPRM and 

NHTSA received no adverse comment. See 78 FR 

2236. 

6 Id. 

7 Id. 

8Supra note 2. 

9 JATMA comments, Docket No. NHTSA–2019– 

0074–0002, at 1. 

10 80 FR 19553. 

11NHTSA finds that there is good cause to 

exempt this amendment from the notice-andcomment procedure usually undertaken prior to 

adopting amendments. Advance notice of this 

amendment is unnecessary because this is merely 

a correction of an obvious typographical error. 

NHTSA also proposed amendments to 

Table III in FMVSS No. 119, the 

endurance test schedule, which had 

been included in a prior NPRM 

proposing upgrades to FMVSS No. 119.4

These included technical corrections to 

Table III of FMVSS No. 119 to include 

items that have been inadvertently 

omitted from the table through 

amendments to the standard, including 

those pertinent to specialty tires. The 

NPRM proposed correcting the omission 

of load range C, D, M, and N for speedrestricted service tires, load range A 

through E and M from the list of ‘‘All 

other’’ tires, and missing footnotes. 

The August 2019 NPRM also included 

several nonsubstantive technical 

amendments: 

• A corresponding amendment to 

FMVSS No. 110 to remove a reference 

to FMVSS No. 109 as a standard under 

which specialty tires could be certified. 

• Clarification that tires 

manufactured for vehicles manufactured 

in the year 1975 are subject to FMVSS 

No. 109. 

• The reinsertion of a footnote in 

Table II of FMVSS No. 119 that had 

inadvertently been omitted, stating that 

the minimum breaking energy 

requirements for rayon cord tires is 60 

percent of those listed in the Table II.5

• Formatting changes and revised 

headings in Table II of FMVSS No. 119 

to make the table easier to read.6

• Correction of the formula in 

S7.3(f)(1) of FMVSS No. 119 for 

computing breaking energy of a tire 

when using metric units.7

• Correction of the values for total 

number of revolutions of the test wheel 

during the endurance test in Table III of 

FMVSS No. 119. 

• Clarification that deep tread (18/32 

inch or greater) light truck tires are 

excluded from FMVSS No. 139. NHTSA 

had previously determined that such 

tires should be subject to FMVSS No. 

119.8

• Clarification that FMVSS No. 139 

excludes tires with rim diameters of 12 

inches and below, not 8 inches as it 

currently is stated. Tires with rim 

diameters between 8 and 12 inches are 

considered specialty tires that will be 

subject only to FMVSS No. 119. 

• The insertion of a missing heading 

referencing light truck tires with a 

nominal cross section ≤ 295 mm (11.5 

inches) in the tables setting forth the test 

pressure for the high speed performance 

test, the tire endurance test, and the low 

inflation pressure performance test for 

light trucks in FMVSS No. 139. 

• Correction of NHTSA’s current 

address in FMVSS No. 110 and FMVSS 

No. 139. 

• Typographical errors in the 

application section of FMVSS No. 110. 

II. Summary of the Comments Received 

and NHTSA’s Response 

NHTSA received three comments in 

response to the August 2019 NPRM, one 

from the Japan Automobile Tyre 

Manufacturers Association (JATMA) 

and two separate comments from the 

U.S. Tire Manufacturers Association 

(USTMA), both of which are trade 

associations representing tire 

manufacturers. 

JATMA’s comment supported the 

proposal. However, JATMA also sought 

an amendment to S5.5.1 of FMVSS No. 

139 ‘‘to reflect new Tire Identification 

Number [TIN] stipulated in 49 CFR part 

574.5.’’ 9 Although JATMA does not 

specify precisely what in S5.5.1 of 

FMVSS No. 139 it wants amended, 

NHTSA believes that JATMA is likely 

referring to the reference to an ‘‘optional 

code.’’ 

NHTSA is not accepting this 

suggested amendment from JATMA in 

the final rule. In an April 13, 2015 final 

rule, NHTSA updated the TIN 

requirements to standardize the length 

of the TIN to 13 symbols for new tires, 

making no part of the TIN optional.10

However, compliance with these new 

requirements is optional until April 13, 

2025 for most new tire manufacturers. 

Until that date, some tire manufacturers 

may be following the older TIN content 

requirements, which include an 

optional code. Therefore, NHTSA will 

not consider removing the references to 

an optional code in FMVSS No. 139, as 

suggested by JATMA, until after April 

13, 2025. 

USTMA’s first comment was 

supportive of the proposal. However, it 

noted that the heading of section III.A 

in the NPRM referred to the ‘‘Date of 

Manufacture of Tires Subject to FMVSS 

No. 109.’’ USTMA noted that the 

applicability of FMVSS No. 109 hinges 

on the date of manufacture of the 

vehicle rather than the date of 

manufacture of the tire. USTMA is 

correct. However, as they noted in their 

comment, the text following the heading 

referred to the applicability of FMVSS 

No. 109 correctly. 

USTMA submitted a second comment 

identifying a typographical error in 

FMVSS No. 119 not discussed in the 

NPRM. FMVSS No. 119, S6.3 sets forth 

requirements for the high speed 

performance test and refers to test 

procedures specified in S7.3. However, 

USTMA observed that the test 

procedures for the high speed 

performance test in FMVSS No. 119 are 

actually located in S7.4. USTMA 

requested that NHTSA correct this 

typographical error. NHTSA agrees that 

this is a typographical error and is 

correcting the error in this final rule.11

Finally, NHTSA has reviewed the 

updates and clarifications in the 

proposal and has found that one 

additional change to the presentation of 

Table II of FMVSS No. 119 would be 

helpful. Specifically, NHTSA is 

separating the column containing light 

truck tires and tubeless tires with rim 

diameter code 17.5 or smaller into two 

separate columns. Although these tires 

use the same plunger size and have the 

same performance requirements for any 

given load range, including them in the 

same column made the column heading 

either ambiguous or too long. This 

nonsubstantive change should ease 

reader understanding. 

III. Final Rule 

For the reasons stated in the August 

2019 NPRM, NHTSA is adopting all of 

the amendments proposed in the August 

2019 NPRM except for the modification 

to Table II of FMVSS No. 119 discussed 

in the prior paragraph. The Agency is 

also amending S6.3 of FMVSS No. 119 

to correct a typographical error, as 

discussed in the response to the 

comment from USTMA. 

IV. Rulemaking Analyses and Notices 

A. Executive Order 12866, Executive 

Order 13563, and DOT Rulemaking 

Procedures 

NHTSA has considered the impact of 

this rulemaking action under Executive 

Order 12866, Executive Order 13563, 

and the Department of Transportation’s 

administrative rulemaking procedures. 

This rulemaking is not considered 

significant and was not reviewed by the 

Office of Management and Budget under 

E.O. 12866, ‘‘Regulatory Planning and 

Review.’’ 

This rule clarifies the applicability of 

the FMVSSs to tires intended for use on 


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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 48541 

trailers and makes other technical 

amendments. It will not result in any 

costs nor will it have any impact on 

safety. 

B. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq., as amended by 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), whenever an agency is required 

to publish a notice of rulemaking for 

any proposed or final rule, it must 

prepare and make available for public 

comment a regulatory flexibility 

analysis that describes the effect of the 

rule on small entities (i.e., small 

businesses, small organizations, and 

small governmental jurisdictions). The 

Small Business Administration’s 

regulations at 13 CFR part 121 define a 

small business, in part, as a business 

entity ‘‘which operates primarily within 

the United States.’’ (13 CFR 121.105(a)). 

No regulatory flexibility analysis is 

required if the head of an agency 

certifies the rule would not have a 

significant economic impact on a 

substantial number of small entities. 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

NHTSA has considered the effects of 

this final rule under the Regulatory 

Flexibility Act. I certify that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. This rule will directly impact 

manufacturers of tires. Although we 

believe some manufacturers affected by 

this rule are considered small 

businesses, we do not believe this rule 

will have a significant economic impact 

on those manufacturers. This final rule 

makes only minor technical changes to 

the FMVSSs, and does not affect the 

substantive requirements of the 

FMVSSs. This rule will not impose any 

costs upon manufacturers and instead, 

will relieve any confusion that may 

exist regarding the applicability of 

FMVSS No. 109 to specialty tires. 

C. Executive Order 13132 (Federalism) 

NHTSA has examined this rule 

pursuant to Executive Order 13132 (64 

FR 43255, August 10, 1999) and 

concluded that no additional 

consultation with States, local 

governments or their representatives is 

mandated beyond the rulemaking 

process. The Agency has concluded that 

the rulemaking would not have 

sufficient federalism implications to 

warrant consultation with State and 

local officials or the preparation of a 

federalism summary impact statement. 

The final rule would not have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

NHTSA rules can preempt in two 

ways. First, the National Traffic and 

Motor Vehicle Safety Act contains an 

express preemption provision: When a 

motor vehicle safety standard is in effect 

under this chapter, a State or a political 

subdivision of a State may prescribe or 

continue in effect a standard applicable 

to the same aspect of performance of a 

motor vehicle or motor vehicle 

equipment only if the standard is 

identical to the standard prescribed 

under this chapter. 49 U.S.C. 

30103(b)(1). It is this statutory command 

by Congress that preempts any nonidentical State legislative and 

administrative law addressing the same 

aspect of performance. 

The express preemption provision 

described above is subject to a savings 

clause under which ‘‘[c]ompliance with 

a motor vehicle safety standard 

prescribed under this chapter does not 

exempt a person from liability at 

common law.’’ 49 U.S.C. 30103(e). 

Pursuant to this provision, State 

common law tort causes of action 

against motor vehicle manufacturers 

that might otherwise be preempted by 

the express preemption provision are 

generally preserved. However, the 

Supreme Court has recognized the 

possibility, in some instances, of 

implied preemption of such State 

common law tort causes of action by 

virtue of NHTSA’s rules, even if not 

expressly preempted. This second way 

that NHTSA rules can preempt is 

dependent upon there being an actual 

conflict between an FMVSS and the 

higher standard that would effectively 

be imposed on motor vehicle 

manufacturers if someone obtained a 

State common law tort judgment against 

the manufacturer, notwithstanding the 

manufacturer’s compliance with the 

NHTSA standard. Because most NHTSA 

standards established by an FMVSS are 

minimum standards, a State common 

law tort cause of action that seeks to 

impose a higher standard on motor 

vehicle manufacturers will generally not 

be preempted. However, if and when 

such a conflict does exist—for example, 

when the standard at issue is both a 

minimum and a maximum standard— 

the State common law tort cause of 

action is impliedly preempted. See 

Geier v. American Honda Motor Co., 

529 U.S. 861 (2000). 

Pursuant to Executive Order 13132 

and 12988, NHTSA has considered 

whether this rule could or should 

preempt State common law causes of 

action. The Agency’s ability to 

announce its conclusion regarding the 

preemptive effect of one of its rules 

reduces the likelihood that preemption 

will be an issue in any subsequent tort 

litigation. 

To this end, the Agency has examined 

the nature (e.g., the language and 

structure of the regulatory text) and 

objectives of this rule and finds that this 

rule, like many NHTSA rules, prescribes 

only a minimum safety standard. As 

such, NHTSA does not intend that this 

rule preempt State tort law that 

effectively would impose a higher 

standard on motor vehicle 

manufacturers than that established by 

today’s rule. Establishment of a higher 

standard by means of State tort law 

would not conflict with the minimum 

standard announced here. Without any 

conflict, there could not be any implied 

preemption of a State common law tort 

cause of action. 

D. Executive Order 12988 (Civil Justice 

Reform) 

With respect to the review of the 

promulgation of a new regulation, 

section 3(b) of Executive Order 12988, 

‘‘Civil Justice Reform’’ (61 FR 4729; Feb. 

7, 1996), requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect; (2) 

clearly specifies the effect on existing 

Federal law or regulation; (3) provides 

a clear legal standard for affected 

conduct, while promoting simplification 

and burden reduction; (4) clearly 

specifies the retroactive effect, if any; (5) 

specifies whether administrative 

proceedings are to be required before 

parties file suit in court; (6) adequately 

defines key terms; and (7) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. This document is consistent 

with that requirement. 

Pursuant to this Order, NHTSA notes 

as follows. The issue of preemption is 

discussed above. NHTSA notes further 

that there is no requirement that 

individuals submit a petition for 

reconsideration or pursue other 

administrative proceedings before they 

may file suit in court. 

E. Protection of Children From 

Environmental Health and Safety Risks 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

and Safety Risks’’ (62 FR 19855, April 

23, 1997), applies to any rule that: (1) 


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48542 Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 

Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental, health, or safety risk that 

the agency has reason to believe may 

have a disproportionate effect on 

children. If the regulatory action meets 

both criteria, the Agency must evaluate 

the environmental health or safety 

effects of the planned rule on children, 

and explain why the planned regulation 

is preferable to other potentially 

effective and reasonably feasible 

alternatives considered by the Agency. 

This rule is not economically 

significant as defined under Executive 

Order 12866. Further, this rulemaking is 

not expected to have a disproportionate 

health or safety impact on children. 

Consequently, no further analysis is 

required under Executive Order 13045. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA), a person is not required 

to respond to a collection of information 

by a Federal agency unless the 

collection displays a valid OMB control 

number. There is no information 

collection requirement associated with 

this rule. 

G. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) requires NHTSA to 

evaluate and use existing voluntary 

consensus standards in its regulatory 

activities unless doing so would be 

inconsistent with applicable law (e.g., 

the statutory provisions regarding 

NHTSA’s vehicle safety authority) or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards developed or adopted by 

voluntary consensus standards bodies. 

Technical standards are defined by the 

NTTAA as ‘‘performance-based or 

design-specific technical specification 

and related management systems 

practices.’’ They pertain to ‘‘products 

and processes, such as size, strength, or 

technical performance of a product, 

process or material.’’ 

Examples of organizations generally 

regarded as voluntary consensus 

standards bodies include ASTM 

International, the Society of Automotive 

Engineers (SAE), and the American 

National Standards Institute (ANSI). If 

NHTSA does not use available and 

potentially applicable voluntary 

consensus standards, we are required by 

the Act to provide Congress, through 

OMB, an explanation of the reasons for 

not using such standards. 

There are no voluntary consensus 

standards developed by voluntary 

consensus standards bodies pertaining 

to this rule. 

H. Unfunded Mandates Reform Act 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

requires Federal agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

more than $100 million annually 

(adjusted for inflation with base year of 

1995). Before promulgating a NHTSA 

rule for which a written statement is 

needed, section 205 of the UMRA 

generally requires the Agency to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective, or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows the 

Agency to adopt an alternative other 

than the least costly, most cost-effective, 

or least burdensome alternative if the 

Agency publishes with the final rule an 

explanation of why that alternative was 

not adopted. 

This final rule would not result in any 

expenditure by State, local, or tribal 

governments or the private sector of 

more than $100 million, adjusted for 

inflation. 

I. National Environmental Policy Act 

NHTSA has analyzed this rulemaking 

action for the purposes of the National 

Environmental Policy Act. The Agency 

has determined that implementation of 

this action would not have any 

significant impact on the quality of the 

human environment. 

J. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

K. Regulation Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

L. Privacy Act 

Please note that anyone can search the 

electronic form of all documents 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or online at https://

www.transportation.gov/privacy/. 

List of Subjects in 49 CFR Part 571 

Imports, Motor vehicle safety, 

Reporting and recordkeeping 

requirements, Tires. 

In consideration of the foregoing, 

NHTSA amends 49 CFR part 571 as 

follows: 

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS 

■ 1. The authority citation for part 571 

of Title 49 continues to read as follows: 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117, and 30166; delegation of authority at 

49 CFR 1.95. 

■ 2. Amend § 571.109 by revising the 

section heading and paragraph S2 to 

read as follows: 

§ 571.109 Standard No. 109; New 

pneumatic tires for vehicles manufactured 

from 1949 to 1975, bias ply tires, and T-type 

spare tires. 

* * * * * 

S2. Application. This standard 

applies to new pneumatic radial tires for 

use on passenger cars manufactured 

from 1949 through 1975, new 

pneumatic bias ply tires, and T-type 

spare tires. However, it does not apply 

to any tire that has been so altered so 

as to render impossible its use, or its 

repair for use, as motor vehicle 

equipment. 

* * * * * 

■ 3. Amend § 571.110 by revising 

paragraphs S2, S4.1(b)(2), and 

S4.4.2(e)(1) to read as follows: 

§ 571.110 Tire selection and rims and 

motor home/recreation vehicle trailer load 

carrying capacity information for motor 

vehicles with a GVWR of 4,536 kilograms 

(10,000 pounds) or less. 

* * * * * 

S2. Application. This standard 

applies to motor vehicles with a gross 

vehicle weight rating (GVWR) of 4,536 

kilograms (10,000 pounds) or less, 

except for motorcycles, and to nonpneumatic spare tire assemblies for 

those vehicles. 

* * * * * 

S4.1 * * * 


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(b) * * * 

(2) Trailers may be equipped with ST 

tires, FI tires, or tires with a rim 

diameter code of 12 or below that meet 

the requirements of § 571.119. 

* * * * * 

S4.4.2 * * * 

(e) * * * 

(1) Any manufacturer that elects to 

express the date of manufacture by 

means of a symbol shall notify NHTSA 

in writing of the full names and 

addresses of all manufacturers and 

brand name owners utilizing that 

symbol and the name and address of the 

trademark owner of that symbol, if any. 

The notification shall describe in 

narrative form and in detail how the 

month, day, and year or the month and 

year are depicted by the symbol. Such 

description shall include an actual size 

graphic depiction of the symbol, 

showing and/or explaining the 

interrelationship of the component parts 

of the symbol as they will appear on the 

rim or single piece wheel disc, 

including dimensional specifications, 

and where the symbol will be located on 

the rim or single piece wheel disc. The 

notification shall be received by NHTSA 

not less than 60 calendar days before the 

first use of the symbol. The notification 

shall be mailed to National Highway 

Traffic Safety Administration, West 

Building, 1200 New Jersey Ave. SE, 

Washington, DC 20590. All information 

provided to NHTSA under this 

paragraph will be placed in the public 

docket. 

* * * * * 

■ 4. Amend § 571.119 by: 

■ a. Revising the section heading. 

■ b. Revising paragraph S1. 

■ c. Revising paragraph S6.3. 

■ d. Revising paragraph S7.3(f)(1) and 

(2). 

■ e. Revising Table II—Minimum Static 

Breaking Energy. 

■ f. Revising Table III—Endurance Test 

Schedule. 

The revisions read as follows: 

§ 571.119 Standard No. 119; New 

pneumatic tires for motor vehicles with a 

GVWR of more than 4,536 kilograms (10,000 

pounds), specialty tires, and tires for 

motorcycles. 

* * * * * 

S1. Scope. This standard establishes 

performance and marking requirements 

for tires for use on motor vehicles with 

a GVWR of more than 4,536 kilograms 

(10,000 pounds), specialty tires, and 

tires for motorcycles. 

* * * * * 

S6.3 High speed performance. When 

tested in accordance with the 

procedures of S7.4, a tire shall meet the 

requirements set forth in S6.1.1 and 

S6.1.2(a) and (b). However, this 

requirement applies only to motorcycle 

tires and to non-speed-restricted tires of 

nominal rim diameter code 14.5 or less 

marked load range A, B, C, or D. 

* * * * * 

S7.3 * * * 

(f) * * * 

(1) W = [(F × P)/2] × 10¥3

Where: 

W = Breaking energy in joules (J), 

F = Force in newtons (N), and 

P = Penetration in millimeters (mm), 

or; 

(2) W = (F × P)/2 

Where: 

W = Breaking energy in inch-pounds (in-lb), 

F = Force in pounds (lb), and 

P = Penetration in inches (in). 

* * * * * 


khammond on DSKJM1Z7X2PROD with RULES
48544 Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 

TABLE II—MINIMUM

STATIC

BREAKING

ENERGY

[Joules (J) and Inch-Pounds (in-lb)] 

Tires other than light truck, motorcycle, 12 rim diameter code or smaller 

Tire characteristic Motorcycle All 12 rim diameter 

code or smaller except motorcycle 

Light Truck greater 

than 12 rim diameter code 

Tube type greater than 12 rim diameter code Tubeless 17.5 rim diameter code or 

smaller 

Tubeless greater than 17.5 rim diameter code 

Plunger diameter 

(mm and inches) 

7.94 mm 5⁄16′′ 19.05 mm 3⁄4′′ 19.05 mm 3⁄4′′ 31.75 mm 11⁄4′′ 38.10 mm 11⁄2′′ 19.05 mm 3⁄4′′ 31.75 mm 11⁄4′′ 38.10 mm 11⁄2′′ 

Breaking Energy J in-lb J in-lb J in-lb J in-lb J in-lb J in-lb J in-lb J in-lb 

Load Range: 

A ............................................................................ 16 150 67 600 225 2,000 ................ ................ ................ ................ 225 2,000 ................ ................ ................ ................B ............................................................................ 33 300 135 1,200 293 2,600 ................ ................ ................ ................ 293 2,600 ................ ................ ................ ................C ........................................................................... 45 400 203 1,800 361 3,200 768 6,800 ................ ................ 361 3,200 576 5,100 ................ ................D ........................................................................... ................ ................ 271 2,400 514 4,550 892 7,900 ................ ................ 514 4,550 734 6,500 ................ ................E ............................................................................ ................ ................ 338 3,000 576 5,100 1,412 12,500 ................ ................ 576 5,100 971 8,600 ................ ................F ............................................................................ ................ ................ 406 3,600 644 5,700 1,785 15,800 ................ ................ 644 5,700 1,412 12,500 ................ ................G ........................................................................... ................ ................ ................ ................ 711 6,300 ................ ................ 2,282 20,200 711 6,300 ................ ................ 1,694 15,000 H ........................................................................... ................ ................ ................ ................ 768 6,800 ................ ................ 2,598 23,000 768 6,800 ................ ................ 2,090 18,500 J ............................................................................ ................ ................ ................ ................ ................ ................ ................ ................ 2,824 25,000 ................ ................ ................ ................ 2,203 19,500 L ............................................................................ ................ ................ ................ ................ ................ ................ ................ ................ 3,050 27,000 ................ ................ ................ ................ ................ ................M ........................................................................... ................ ................ ................ ................ ................ ................ ................ ................ 3,220 28,500 ................ ................ ................ ................ ................ ................N ........................................................................... ................ ................ ................ ................ ................ ................ ................ ................ 3,389 30,000 ................ ................ ................ ................ ................ ................

Note: For rayon cord tires, applicable energy values are 60 percent of those in table. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations 48545 

TABLE III—ENDURANCE TEST SCHEDULE

Description Load range 

Test wheel speed Test load: Percent of maximum load 

rating Total test 

revolution 

km/h r/m Step I (thousands) 

(7 hours) 

Step II 

(16 hours) 

Step III 

(24 hours) 

Speed-restricted service: 

90 km/h (55 mph) .... All .................................... 40 125 66 84 101 352.5 

80 km/h (50 mph) .... C, D ................................

E, F, G, H, J, L, M, N .....

48 

32 

150 

100 

75 

66 

97 

84 

114 

101 

423.0 

282.0 

56 km/h (35 mph) .... All .................................... 24 75 66 84 101 211.5 

Motorcycle ....................... All .................................... 80 250 a100 b108 117 510.0 

All other ........................... A, B, C, D .......................

E .....................................

F .....................................

G .....................................

H, J, L, M, N ...................

80 

64 

64 

56 

48 

250 

200 

200 

175 

150 

a75 

70 

66 

66 

66 

b97 

88 

84 

84 

84 

114 

106 

101 

101 

101 

510.0 

564.0 

564.0 

493.5 

423.0 

a 4 hours for tire sizes subject to high speed requirements S6.3. b 6 hours for tire sizes subject to high speed requirements S6.3. 

* * * * * 

■ 5. Amend § 571.139 by: 

■ a. Revising paragraph S2; 

■ b. Revising paragraph S4.1.1(a); 

■ c. Revising paragraph S6.2.1.1.1; 

■ d. Revising paragraph S6.3.1.1.1; and 

■ e. Revising paragraph S6.4.1.1.1. 

The revisions read as follows: 

§ 571.139 Standard No. 139; New 

pneumatic radial tires for light vehicles. 

* * * * * 

S2 Application. This standard 

applies to new pneumatic radial tires for 

use on motor vehicles (other than 

motorcycles and low speed vehicles) 

that have a gross vehicle weight rating 

(GVWR) of 10,000 pounds or less and 

that were manufactured after 1975. This 

standard does not apply to special tires 

(ST) for trailers in highway service, tires 

for use on farm implements (FI) in 

agricultural service with intermittent 

highway use, tires with rim diameters of 

12 inches and below, T-type temporary 

use spare tires with radial construction, 

and light truck tires with a tread depth 

of 18/32 inch or greater. 

* * * * * 

S4.1.1 * * * 

(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 the Docket Section (No. 

NHTSA–2009–0117), National Highway 

Traffic Safety Administration, West 

Building, 1200 New Jersey Ave. SE, 

Washington, DC 20590; or 

* * * * * 

S6.2.1.1.1 Mount the tire on a test rim 

and inflate it to the pressure specified 

for the tire in the following table: 

Tire application 

Test 

pressure 

(kPa) 

Passenger car tires: 

Standard load .................... 220 

Extra load .......................... 260 

Light truck tires with a nominal 

cross section ≤295 mm (11.5 

inches): 

Load Range C ................... 320 

Load Range D ................... 410 

Load Range E ................... 500 

Light truck tires with a nominal 

cross section >295 mm (11.5 

inches) 

Load Range C ................... 230 

Load Range D ................... 320 

Load Range E ................... 410 

* * * * * 

S6.3.1.1.1 Mount the tire on a test 

rim and inflate it to the pressure 

specified for the tire in the following 

table: 

Tire application 

Test 

pressure 

(kPa) 

Passenger car tires: 

Standard load .................... 180 

Extra load .......................... 220 

Light truck tires with a nominal 

cross section ≤295 mm (11.5 

inches) 

Load Range C ................... 260 

Load Range D ................... 340 

Load Range E ................... 410 

Light truck tires with a nominal 

cross section >295 mm (11.5 

inches) 

Load Range C ................... 190 

Load Range D ................... 260 

Load Range E ................... 340 

* * * * * 

S6.4.1.1.1 This test is conducted 

following completion of the tire 

endurance test using the same tire and 

rim assembly tested in accordance with 

S6.3 with the tire deflated to the 

following appropriate pressure: 

Tire application 

Test 

pressure 

(kPa) 

Passenger car tires.

Standard load .................... 140 

Extra load .......................... 160 

Light truck tires with a nominal 

cross section ≤295 mm (11.5 

inches) 

Load Range C ................... 200 

Load Range D ................... 260 

Load Range E ................... 320 

Light truck tires with a nominal 

cross section >295 mm (11.5 

inches) 

Load Range C ................... 150 

Load Range D ................... 200 

Load Range E ................... 260 

* * * * * 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.5. 

Steven S. Cliff, 

Acting Administrator. 

[FR Doc. 2021–18633 Filed 8–30–21; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2018–0104; 

FF09E21000 FXES11110900000 212] 

RIN 1018–BD35 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

for Bartram’s Stonecrop With a Section 

4(d) Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 


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