65536 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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://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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 65537

1FMVSS No. 120 currently requires that each

motor vehicle other than a passenger car 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 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.

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’.

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 § 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.

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.

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 Bpillar, 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.

65538 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

3The 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 onefourth 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 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.

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 § 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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 65539

4NHTSA 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.

5The 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)

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.

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

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 § 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

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

65540 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

7The 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.

8Traction 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.

9Temperature 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.

10Prior 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).

11Herzlich 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.

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.

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).

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.

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 nonpneumatic spare tire assembly, the nonpneumatic identification code required

by FMVSS No. 129, New NonPneumatic 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

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

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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 65541

13Tire 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.

14Consumer Tire Maintenance and Safety

Awareness Research, A Report to Rubber

Manufacturers Association, by Fleishman-Hillard

Research, October 2000.

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.

16This total was comprised of 5,442 passenger

cars, 1,874 SUVs, 1,376 vans, and 1,838 pickup

trucks.

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 selfservice 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%).

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.’’

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.

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:

65542 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

17These crash databases are the National

Automotive Sampling System—Crashworthiness

Data System (NASS–CDS) and the Fatality Analysis

Reporting System (FARS). 18For 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.

How drivers determine at what pressure to set their tires

Percent

Passenger

car P-metric

tires

Trucks, SUVs and Vans

P-metric tires LT or high

flotation 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

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

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 cases Percent tire

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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 65543

20From 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.

ESTIMATED ANNUAL AVERAGE NUMBER (1995–98 NASS) AND RATES OF BLOWOUTS OR FLAT TIRES CAUSING TOW-AWAY

CRASHES—Continued

Tire related cases Percent tire

related

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 blowoutcaused 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.

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

65544 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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,

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 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

65546 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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 welltrained 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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 65547

21Therefore, this proposal is applicable to LT

tires up to load range E. This load range is typically

used on large SUVs, vans, and trucks.

22FMVSS No. 120 currently requires that each

motor vehicle other than a passenger car 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 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.

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.

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

§ 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

65548 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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’’.

24The 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.

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.

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.

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 Bpillar, 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 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

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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 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 runflat 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

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BILLING CODE 4910–59–C

65552 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

25FMVSS No. 120 currently requires that each

motor vehicle other than a passenger car 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 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.

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 userfriendly 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.

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 § 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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 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:

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65554 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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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 × 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

65556 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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.

27This, 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.

28FMVSS 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.

29The speed rating of a tire is generally indicated

on the tire although not required by either FMVSS

Nos. 109 and 119.

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.

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

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.

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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 65557

30Under 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.

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 § 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, speedcategory symbol and load index 30, have

not been shown to communicate

information effectively to the U.S.

public.

The following chart illustrates the

rated speed in km/h for each speed

symbol. ‘‘ZR’’ is an open-ended speed

category for tires with a maximum

speed capability above 240 km/h, but is

also used specifically for tires having a

maximum speed capability above 300

km/h.

Speed

symbol

Rated

speed—

km/h

Speed

symbol

Rated

speed—

km/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

65558 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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 × 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 × 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 × $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.

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 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 thirdparty 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?

65560 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

• 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://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://

dms.dot.gov/).

(2) On that page, click on ‘‘search.’’

(3) On the next page (http://

dms.dot.gov/search/), type in the fourdigit 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 § 567.4(h)(2) as follows:

§ 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 GVWRGAWR-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

Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules 65561

forth in § 571.120, § 571.129 and

§ 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:

§ 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 nonpneumatic assembly, the tire

identification code with which that

assembly is labeled pursuant to the

requirements of S4.3(a) of § 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 § 567.4 or

§ 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

§ 571.139 or contained in one of the

publications described in S4.1.1.(b) of

§ 571.139, for the tire size at that

inflation pressure is not less than the

vehicle maximum load and the vehicle

normal load.

* * * * *

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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:

§ 571.117 Standard No. 117; Retreaded

pneumatic tires.

* * * * *

S6. * * *

S6.3. Labeling. Each retreaded tire

shall comply with the requirements of

S5.5. of § 571.139.

* * * * *

6. Section 571.120 would be amended

by revising its heading, and S3 to read

as follows:

§ 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:

§ 571.129 Standard No. 129; New nonpneumatic tires for passenger cars.

* * * * *

S4. * * *

S4.3. Labeling Requirements. Each

new non-pneumatic tire shall comply

with the requirements of S5.5 of

§ 571.139.

* * * * *

8. Section 571.139 would be added to

read as follows:

§ 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]

65564 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Proposed Rules

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

(§ 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:

§ 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 nonpneumatic 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.

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* * * * *

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:

§ 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 × 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]

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