8202 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations

FIGURE 17A.—PHOTOMETRIC TEST POINT VALUES, 2-LAMP SYSTEM—Continued

Upper beam Lower beam

Test points (degrees) cd max. cd min. Test points (degrees) cd max. cd min.

1D–6L ....................................................... ................... 1,000

1–1/2D–2R ................................................ ................... 15,000

1–1/2D–9L and 9R ................................... ................... 1,000

2D–15L and 15R ...................................... ................... 850

4D–4R ....................................................... 12,500 ...................

23. Figure 26 of Section 571.108 is revised to read as follows:

FIGURE 26.—TABLE OF PHOTOMETRIC REQUIREMENTS

[1. Four-Headlamp Systems (4)]

[2. Two-Headlamp Systems (2)]

Light source type HB1 HB2 HB3 HB4 HB5

HB1 ............................ Fig. 27 (4,2) or .......... Fig. 15A(4) ................ Fig. 15A(4) ................ Fig. 15A(4) ................ Fig. 27 (4,2) or

Fig. 15A (4) or .......... Fig. 17A(2) ................ Fig. 17A(2) ................ Fig. 17A(2) ................ Fig. 15A (4) or

Fig. 17A (2) ............... ................................... ................................... ................................... Fig. 17A (2)

HB2 ............................ ................................... Fig. 15A(4) ................ Fig. 15A(4) ................ Fig. 15A(4) ................ Fig. 15A(4)

Fig. 17A(2) ................ Fig. 17A(2) ................ Fig. 17A(2) ................ Fig. 17A(2)

HB3 ............................ ................................... ................................... Fig. 15A(4) ................ Fig. 15A(4) ................ Fig. 15A(4)

Fig. 17A(2) ................ Fig. 17A(2) ................ Fig. 17A(2)

HB4 ............................ ................................... ................................... ................................... Fig. 15A(4) ................ Fig. 15A(4)

Fig. 17A(2) ................ Fig. 17A(2)

HB5 ............................ ................................... ................................... ................................... ................................... Fig. 27 (4,2) or

Fig. 15A (4) or

Fig. 17A (2)

24. In Table IV of Section 571.108, the

word ‘‘symetrically’’ appearing under

the heading ‘‘Motorcycles’’ in the

horizontal column captioned

‘‘Headlamps’’ is revised to read

‘‘symmetrically.’’

Issued on: February 6, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–3303 Filed 2–10–95; 8:45 am]

BILLING CODE 4910–59–P

49 CFR Part 571

[Docket No. 94–53, Notice 02]

RIN No. 2127–AF19

Federal Motor Vehicle Safety

Standards (FMVSS); New Pneumatic

Tires

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: In this final rule, NHTSA

amends the labeling requirements of the

safety standard for new passenger car

pneumatic tires by permitting tires

whose maximum inflation pressure is

60 pounds per square inch (psi) to be

labeled in metric measurements:

‘‘Inflate to 420 kPa (60 psi).’’ This final

rule would further international

harmonization of standards. NHTSA

takes this action in response to a

petition for rulemaking from the Japan

Automobile Tire Manufacturers’

Association.

DATES: This final rule is effective March

15, 1995. Petitions for reconsideration of

this final rule must be received not later

than March 15, 1995.

ADDRESSES: Petitions for reconsideration

of this final rule should refer to the

docket and notice number cited in the

heading of this final rule and be

submitted to: Administrator, National

Highway Traffic Safety Administration,

400 Seventh Street SW., Washington,

DC 20590. It is requested, but not

required, that 10 copies be submitted.

FOR FURTHER INFORMATION CONTACT: Ms.

Terri Droneburg, Office of Vehicle

Safety Standards, National Highway

Traffic Safety Administration, 400

Seventh Street SW., Room 5307,

Washington, DC 20590. Ms. Droneburg’s

telephone number is: (202) 366–6171.

SUPPLEMENTARY INFORMATION: Federal

Motor Vehicle Safety Standard No. 109,

New Pneumatic Tires (Std. No. 109),

requires passenger car tires to be labeled

with important safety information,

including tire size, construction, and

inflation pressure. S4.3.5 of the standard

provides that if the maximum inflation

pressure of a tire is 60 pounds per

square inch (psi), the words ‘‘Inflate to

60 psi’’ shall be molded on both

sidewalls of the tire.

The Japan Automobile Tire

Manufacturers’ Association (JATMA)

petitioned NHTSA, suggesting that

S4.3.5 should be amended to require

adding the words ‘‘or ‘inflate to 420 kPa

(60 psi)’ ’’ after ‘‘Inflate to 60 psi.’’

JATMA stated that the maximum

inflation pressure of a ‘‘T’’-type spare

tire is listed as 420 kilopascals (kPa) in

the Tire and Rim Association, Inc., Year

Book, the JATMA Year Book, and in

Japanese Industrial Standard (JIS)

D4230. JATMA indicated that, if the

suggested amendment were adopted by

NHTSA, tire manufacturers would be

able to mark tires for both the Japanese

and U.S. markets. NHTSA granted the

petition by letter dated January 7, 1994.

Notice of Proposed Rulemaking

On July 5, 1994, NHTSA published in

the Federal Register (59 FR 34405) a

notice of proposed rulemaking (NPRM)

proposing to make JATMA’s requested

changes to Std. No. 109. NHTSA noted

that the changes, if made final, would be

consistent with the requirement of

section 5164 of the Omnibus Trade and

Competitiveness Act (Pub. L. 100–418),

which designated the metric system as

the preferred system of weights and

measures for U.S. trade and commerce.

NHTSA stated its belief that allowing

metric units on tires would further the

international harmonization of

standards. Common sizing for

international markets would facilitate
Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8203

the manufacture of products, and could

ultimately result in products sold at

lower prices. NHTSA tentatively

determined that the petitioner’s

requested metric unit on tires would not

confuse consumers or obscure the

meaning of the inflation pressure

information labeled on tires. Thus,

NHTSA tentatively concluded there was

no safety reason to preclude permitting

JATMA’s requested metric labeling.

In the NPRM, NHTSA also proposed

to correct a typographical error in S4.3

of Std. No. 109. The first sentence of

S4.3 provides that each tire shall have

the information ‘‘shown in paragraphs

(a) and (g)’’ of S4.3. The word ‘‘and’’ in

that phrase should read ‘‘through,’’ and

NHTSA proposed to make the

correction in the regulatory text.

Final Rule

In response to the NPRM, NHTSA

received one comment. That comment

came from the Rubber Manufacturers

Association (RMA), on behalf of

domestic tire manufacturers. The RMA

stated that it favored adoption of the

proposed changes to Std. No. 109. Since

NHTSA received only one comment on

the NPRM, and that comment favored

adoption of the proposal, NHTSA

adopts as final the regulatory text

proposed in the NPRM.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule was not reviewed

under E.O. 12866, ‘‘Regulatory Planning

and Review.’’ NHTSA has considered

the impact of this rulemaking action and

has concluded that it is not significant

under the DOT’s regulatory policies and

procedures. This action would not

change any of the substantive

requirements of Std. No. 109. The effect

on labeling costs might be to decrease

such costs slightly for tire

manufacturers that now convert metric

units on their tires to English units, or

that now convert English units on tires

to metric units for sale overseas.

However, NHTSA believes the costs

savings, if any, would be minimal.

NHTSA has concluded, therefore, that

since the costs of complying with the

changes in this final rule are minimal,

preparation of a full regulatory

evaluation is not warranted.

B. Regulatory Flexibility Act

NHTSA has considered the impacts of

this rulemaking action under the

Regulatory Flexibility Act. I hereby

certify that this final rule would not

have a significant economic impact on

a substantial number of small entities.

Accordingly, the agency has not

prepared a final regulatory flexibility

analysis. The rationale for this

certification is that the agency believes

that few, if any, of the tire

manufacturers which would be affected

by this final rule qualify as small

businesses. Small businesses, small

organizations and small governmental

units could be affected by the final rule

to the extent that they may purchase

new tires subject to the new

requirements. However, NHTSA does

not believe the costs of tires would be

affected by this rule. Thus, these entities

would not be significantly affected.

C. National Environmental Policy Act

NHTSA has analyzed this rulemaking

action for purposes of the National

Environmental Policy Act and has

determined that implementation of this

final rule would have no significant

impact on the quality of the human

environment.

D. E.O. 12612 (Federalism)

NHTSA has analyzed this proposal in

accordance with the principles and

criteria contained in E.O. 12612 and has

determined that this proposal does not

have sufficient federalism implications

to warrant preparation of a Federalism

Assessment.

E. Paperwork Reduction Act

Certain provisions in this final rule

that permit manufacturers to mark

metric measurements on tires, are

considered to be information collection

requirements, as that term is defined by

the Office of Management and Budget

(OMB), in 5 CFR part 1320. The

information collection requirements

have been submitted to and approved by

OMB. This collection of information has

been assigned OMB Control Number

2127–0503 (Consolidated labeling

requirements for tires and rims) and has

been approved for use through

November 30, 1995.

F. Civil Justice Reform

This final rule would not have any

retroactive effect. Under 49 U.S.C.

section 30103, whenever a Federal

motor vehicle safety standard is in

effect, a state may not adopt or maintain

a safety standard applicable to the same

aspect of performance that is not

identical to the Federal standard, except

to the extent that the state requirement

imposes a higher level of performance

applicable only to vehicles procured for

the state’s own use. 49 U.S.C. section

30161 sets forth a procedure for judicial

review of final rules establishing,

amending or revoking Federal motor

vehicle safety standards. That section

does not require submission of a

petition for reconsideration or other

administrative proceedings before

parties may file suit in court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

and Tires.

In consideration of the foregoing, 49

CFR part 571 is amended as follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571

continues to read as follows:

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

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. Section 571.109 is amended by

revising the introductory paragraph of

S4.3 and the entire paragraph of S4.3.5

to read as follows:

§ 571.109 Standard No. 109, New

Pneumatic Tires.

* * * * *

S4.3 Labeling Requirements. Except

as provided in S4.3.1 and S4.3.2, each

tire shall have permanently molded into

or onto both sidewalls, in letters and

numerals not less than 0.078 inches

high, the information shown in

paragraphs S4.3 (a) through (g). On at

least one sidewall, the information shall

be positioned in an area between the

maximum section width and bead of the

tire, unless the maximum section width

of the tire falls between the bead and

one-fourth of the distance from the bead

to the shoulder of the tire. For tires

where the maximum section width falls

in that area, locate all required labeling

between the bead and a point one-half

the distance from the bead to the

shoulder of the tire. However, in no case

shall the information be positioned on

the tire so that it is obstructed by the

flange or any rim designated for use

with that tire in Standards Nos. 109 and

110 (§ 571.109 and § 571.110 of this

part).

* * * * *

S4.3.5 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
8204 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations

this standard or in Standard No. 110

(§ 571.110 of this part).

* * * * *

Issued on: February 3, 1995.

Christopher A. Hart,

Deputy Administrator.

[FR Doc. 95–3487 Filed 2–10–95; 8:45 am]

BILLING CODE 4910–59–P