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Wednesday, December 19, 2001 Part II Department of Transportation National Highway Traffic Safety Administration 49 CFR Parts 567, 571, 574, and 575 Tire Safety Information; Proposed Rule VerDate 11<MAY>2000 16:07 Dec 18, 2001 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19DEP2.SGM pfrm01 PsN: 19DEP2

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Page 1: Department of Transportation - NHTSA | National Highway

Wednesday,

December 19, 2001

Part II

Department ofTransportationNational Highway Traffic SafetyAdministration49 CFR Parts 567, 571, 574, and 575Tire Safety Information; Proposed Rule

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Page 2: Department of Transportation - NHTSA | National Highway

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic SafetyAdministration

49 CFR Parts 567, 571, 574 and 575

[Docket No. NHTSA–01–11157]

RIN 2127–AI32

Tire Safety Information

AGENCY: National Highway TrafficSafety Administration (NHTSA),Department of Transportation.ACTION: Notice of proposed rulemaking(NPRM).

SUMMARY: In response to theTransportation Recall Enhancement,Accountability, and Documentation(TREAD) Act of 2000, this documentproposes to establish a new FederalMotor Vehicle Safety Standard thatcontains provisions to improve thelabeling of tires to assist consumers inidentifying tires that may be the subjectof a safety recall. It also containsproposals for providing other consumerinformation to increase publicawareness of the importance andmethods of observing motor vehicle tireload limits and maintaining proper tireinflation levels for the safe operation ofa motor vehicle. The proposals wouldapply to all new and retreaded tires foruse on vehicles with a gross vehicleweight rating of 10,000 pounds or lessand to all vehicles with a gross vehicleweight rating of 10,000 pounds or less,except for motorcycles and low speedvehicles. NHTSA will also be proposingupgraded safety performancerequirements for tires in a forthcomingproposal, which would also be includedin this new standard.DATES: Written comments may besubmitted to this agency and must bereceived by February 19, 2002.ADDRESSES: You may submit yourcomments in writing to: DocketManagement, Room PL–401, 400Seventh Street, SW., Washington, DC,20590. Alternatively, you may submityour comments electronically by loggingonto the Docket Management Systemwebsite at http://dms.dot.gov. Click on‘‘Help & Information’’ or ‘‘Help/Info’’ toview instructions for filing yourcomments electronically. Regardless ofhow you submit your comments, youshould mention the docket number ofthis document.FOR FURTHER INFORMATION CONTACT: Fortechnical and policy issues: Mr. RogerKurrus, Office of Planning andConsumer 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, AttorneyAdvisor, Office of the Chief Counsel,NCC–20. Telephone: (202) 366–2992.Fax: (202) 366–3820.

All of these persons may be reachedat the following address: NationalHighway Traffic Safety Administration,400 Seventh Street, SW., WashingtonDC 20590.SUPPLEMENTARY INFORMATION:

Table of ContentsI. Executive SummaryII. BackgroundIII. Existing Labeling Requirements

A. GenerallyB. Tire Identification Number (TIN)C. Other Labeling

IV. Current Safety Problem—Inadequacy ofExisting Labeling Requirements

A. Difficulty Locating the TINB. Lack of Consumer Knowledge of Correct

Tire Inflation PressureC. Safety Problems Associated with Tires

V. Agency Response to Safety ProblemA. Prior Agency Rulemaking EffortsB. December 2000 Advanced Notice of

Proposed Rulemaking (ANPRM)C. Summary of Public Comments on the

ANPRM1. General Consumer Knowledge and

Behavior/Availability of Information toConsumers

2. TIN Information a. Location b. Contentand Readability

3. Other Tire Labeling Informationa. Load Ratingsb. Plies and Cord Materialc. Tread Wear Indicatord. Uniform Tire Quality Grading System

(UTQGS)e. Speed Ratingf. Run-Flat and Extended Mobility Tiresg. Retreaded Tiresh. Tire Inflation Pressurei. Dissemination of Tire Safety Informationj. Motorcycles and Trailers k. Font Height

for Labeling Information4. Harmonization Issues5. Other CommentsD. Focus groups

VI. Agency ProposalA. Summary of ProposalB. ApplicabilityC. Proposed Labeling Requirements1. Tire Markings2. TIN3. Placard Content and Format4. Placard Location5. Owner’s ManualD. Other Issues1. Modification to FMVSS Nos. 110 and

1202. Rim Size and Type Designation for Light

Trucks and Multipurpose PassengerVehicles

3. Maximum Inflation Pressure4. UTQGS5. Consumer Information Campaign6. Point-of-Sale Information7. Vehicle Certification Labels8. International Harmonization9. Organization of Tire Labeling

Information

VII. Request for Comments on ParticularIssues

VIII. BenefitsIX. CostsX. Effective DateXI. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOTRegulatory Policies and Procedures

B. Regulatory Flexibility ActC. National Environmental Policy ActD. Executive Order 13132 (Federalism)E. Unfunded Mandates ActF. Civil Justice ReformG. Paperwork Reduction ActH. Plain Language

XII. Submission of CommentsXIII. Proposed Regulatory Text

I. Executive SummaryThe agency is proposing to establish

a new standard that would containrevisions to the agency’s existing tirelabeling requirements, as well ascontain revisions to its currentregulations to improve tire informationfor light vehicles and light vehicle tiresand its availability andunderstandability to consumers. Asused in this document, ‘‘light vehicles’’are vehicles (except motorcycles andlow speed vehicles (LSVs)) with a grossvehicle weight rating (GVWR) of 10,000pounds or less. The new standard willalso contain requirements and testprocedures addressing various aspectsof tire performance. The agency will beissuing a separate NPRM that proposesthese performance requirements andprocedures. Today’s NPRM concerns thelabeling and other informationalrequirements.

Today’s proposed amendmentsaddress the following aspects of tire andvehicle labeling: Tire markings, the TireIdentification Number (TIN), vehicleplacard content and format, placardlocation, and owner’s manualinformation. The proposal would extendall passenger car labeling requirements,including those requiring the labeling ofcombined occupant and cargo weightcapacity and designated seatingpositions, to light trucks andmultipurpose passenger vehicles(MPVs) with a GVWR or 10,000 poundsor less. The proposal is substantiallybased on NHTSA’s activities undertakenin response to the Transportation RecallEnhancement, Accountability, andDocumentation (TREAD) Act of 2000,including publication of an ANPRM,consideration of comments in responseto the ANPRM, data gathering andanalysis, and NHTSA sponsored focusgroups.

NHTSA proposes that the TIN, sizedesignation, maximum permissibleinflation pressure, and maximum loadrating be placed on both sides of lightvehicle tires. The Firestone tire recallslast year highlighted the difficulty that

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

1 FMVSS No. 120 currently requires that eachmotor vehicle other than a passenger car show, onthe label required by § 567.4, or on a tireinformation label (S5.3.2(b)), the recommended tiresize designation appropriate for the GAWR, the tiresize and type designation of rims appropriate forthose tires, and the recommended cold inflationpressure for those tires such that the sum of theload ratings on the tires on each axle (when thetire’s load carrying capacity at the specifiedpressure is reduced by dividing 1.10, in the case ofa tire subject to FMVSS No. 109, i.e., a passengercar tire) is appropriate for the GAWR.

2 (a) Vehicle capacity weight expressed as ‘‘THECOMBINED WEIGHT OF OCCUPANTS ANDCARGO SHOULD NEVER EXCEED XXX POUNDS’’;

(b) Designated seating capacity (expressed interms of total number of occupants and in terms ofoccupant for each seat location);

(c) Vehicle manufacturer’s recommended coldtire inflation pressure;

(d) Tire size designation for the tire installed asoriginal equipment on the vehicle by the vehiclemanufacturer; and

(e) ‘‘SEE OWNER’S MANUAL FOR ADDITIONALINFORMATION’.

consumers have in determining whethera tire is subject to a recall when the tireis mounted so that the sidewall bearingthe TIN and size designation facesinward, i.e., underneath the vehicle.Requiring the TIN and size designationto be on both sides would ensure thatthat information would be on thesidewall facing outward, regardless ofhow the tire is mounted. Requiring thatthe other items of information be onboth sidewalls would aid consumers inmaintaining their tires and loading theirvehicles.

NHTSA is proposing two changes tothe TIN. First, the agency proposes torequire a re-ordering of information inthe TIN so that the first six characterswould contain the information requiredfor determining whether a particular tireis subject to a recall. The first twocharacters would reflect the plant code,and the next four characters wouldreflect the date code. Second, the agencyproposes to require that each characterbe 6 mm (1⁄4″) high. The agency believesthat a requirement for a uniform TINfont size would significantly improvethe readability of the TIN.

The agency proposes four sets ofrevisions for the presentation of tireinflation pressure and load limitinformation on the vehicle placardcurrently required for passenger cars byS4.3 of § 571.110 and to be required forall light vehicles with a GVWR of 10,000pounds or less under this proposal.1This placard, permanently affixed to theglove compartment door or an equallyaccessible location, currently displaysthe vehicle capacity weight, thedesignated seating capacity (expressedin terms of total number of occupantsand in terms of occupants for each seatlocation), the vehicle manufacturer’srecommended cold tire inflationpressure for maximum loaded vehicleweight, and the manufacturer’srecommended tire size designation.

First, the agency proposes that tireinflation pressure information would bevisually separated by a red coloredborder on the vehicle placard or,alternatively, be placed on a separatetire inflation pressure label. The vehicleplacard would contain only theinformation required by the proposed

information specified in the proposedversion of S4.3 (paragraphs (a)–(e)).2This information would not becombined with other labeling orcertification requirements. The vehicleplacard would also meet the proposedcolor and content requirements asdiscussed below.

Second, the agency also proposes thatthe tire inflation pressure label andvehicle placard meet the following threerequirements: (1) The tire inflationpressure information on the placardswould be in color—red, yellow, andblack on a white background, (2)contain a black and white tire symbolicon in the upper left corner of theplacards, 13 millimeters (.51 inches)wide and 14 millimeters (.55 inches),and (3) the placard and label wouldboth include the phrases ‘‘TireInformation’’ and ‘‘See Owner’s ManualFor Additional Information’’ in yellowtext on a black background.

Third, the agency proposes to replacethe vehicle capacity weight statementon the vehicle placard with thefollowing sentence: ‘‘[t]he combinedweight of occupants and cargo shouldnever exceed XXX pounds.’’ The ‘‘XXX’’amount would equal the ‘‘vehiclecapacity weight’’ of the vehicle asdefined in FMVSS No. 110. Theinformation is the same as that currentlyrequired to be placed on the vehicleplacard by manufacturers. However, theagency believes that the statement ‘‘thecombined weight of occupants andcargo should never exceed * * *’’ iseasier for consumers to comprehendthan a technical phrase such as ‘‘vehiclecapacity weight.’’ ‘‘Vehicle capacityweight’’ is not intuitive to consumersand it requires a vehicle operator to lookto the owner’s manual or standard tounderstand which factors are includedin the calculation of the sum/amount onthe placard.

Fourth, the agency proposes toreplace the vehicle’s recommended tiresize designation with the tire sizedesignation for the tire installed asoriginal equipment on the vehicle by thevehicle manufacturer. While in mostinstances these two numbers would beidentical, this minor revision insuresthat the consumer is provided with the

correct tire inflation pressureinformation for the tire size actuallyinstalled on his vehicle as originalequipment by the manufacturer.

We are proposing these placardchanges in response to survey datawhich indicate that consumers needassistance in locating recommended tirepressures for their vehicle’s tires andunderstanding load limits. The use ofcolors and a visual cue, such as a tiresymbol icon, would aid drivers innoticing and locating this imperativeinformation. By expressing the vehicle’sload limit in easily recognizable termssuch as ‘‘passenger and cargo weight’’,as opposed to ‘‘vehicle capacity weight’’the proposed placard revisions wouldalso aid consumers in understandingand adhering to load limit guidelines.

The agency proposes that the placardand/or label containing tire inflationpressure by tire size and other requiredinformation specified in S4.3 of FMVSSNo. 110 be located on the driver’s sideB-pillar. If a vehicle does not have a B-pillar, then the placard and/or labelwould be placed on the edge of thedriver’s door. Currently, S4.3 of 571.110specifies that the vehicle placard beaffixed to the glove compartment dooror an equally accessible location. Astandardized location for tireinformation placards and labels wouldcontribute to consumer awareness ofrecommended tire inflation pressuresand load limits.

The agency proposes that owner’smanuals for light vehicles containdiscussion of the following five subjectareas: (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 proposedrequired information for the tires andtire safety information listed abovewould aid consumers by providing tothem, in one centralized location, theinformation that they need to properlymaintain their tires and adhere torecommended load limits.

Finally, the agency proposes revisingFMVSS Nos. 110, Tire selection andrims, for passenger cars, 49 CFR571.110, and 120 Tire selection andrims for motor vehicles other thanpassenger cars, 49 CFR 571.120, toreflect the applicability of the proposedlight vehicle tire standard to vehicleswith a GVWR of 10,000 pounds or less,and revising FMVSS Nos. 117,Retreaded pneumatic tires, 49 CFR571.117, and 129, New non-pneumatictires for passenger cars, 49 CFR 571.129,to replace the labeling requirementscontained therein with those specifiedin the proposed new light vehicle tirestandard.

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

3 The agency initially addressed the problem oflabeling tires whose maximum section width isclose to the bead in a 1985 rulemaking regarding

tires for vehicles other than passenger cars. (49 FR37816; September 26, 1984 and 50 FR 10773; March18, 1985). That rulemaking amended part 574, TireIdentification and Recordkeeping (49 CFR 574.4)and FMVSS No. 119, New Pneumatic Tires forMotor Vehicles Other Than Passenger Cars (49 CFR571.119) to permit placing markings at a differentlocation in order to permit the introduction of anew tire concept for vehicles other than cars wherethe tire’s maximum section width is at the bead. Inparticular, Figure 1 of part 574 was amended tospecify the requirements for the label’s position ifa tire’s maximum section width falls within one-fourth of the distance from the bead to the tireshoulder. In that case, a marking must appearbetween the bead and a point one half the distancefrom the bead to the shoulder of the tire. Amendingpart 574 had the practical effect of applying the newrequirement to section S4.3.1 and S4.3.2 of FMVSSNo. 109, given that these provisions state that thetires must be labeled ‘‘in the manner specified inpart 574.’’ However, the 1985 final rule did notamend the labeling requirements for car tires insection S4.3 of FMVSS No. 109. Nevertheless, thenotice did expressly amend section S6.5 of FMVSSNo. 119. A subsequent rulemaking (55 FR 41190;October 10, 1990) amended FMVSS No. 109 tofacilitate the use of this new tire technology.

NHTSA believes that this proposalwould result in minimal costs for tireand manufacturers. NHTSA estimatesthat the added cost for labeling tiresunder this proposal would equal $0.01per tire or less. Vehicle labeling,including vehicle placards for passengercars and owner’s manual informationfor light vehicles, is already required.Therefore the cost of labeling the tire,printing new or revised placards and/ortire inflation labels, the owner’s manualpages and installation of the placardand/or tire inflation pressure labelshould be minimal. The only costswould be one-time costs to changeproduction for the new vehicle placardand/or tire inflation pressure label, theapplication of the vehicle placard and/or tire inflation pressure label to all lightvehicles, not only passenger cars, andthe new owner’s manual pages. NHTSAestimates that, adding the total tire andvehicle manufacturing costs together,the total annual costs equalapproximately $5.5 million.

NHTSA believes that this proposalwould be effective in increasing publicawareness of tire safety, particularly theunderstanding and maintenance ofproper tire inflation and load limits.This proposal will also enableconsumers to more easily identify theTIN and other tire information forrecalls and other notifications. Theproposal will standardize the locationand content of important informationrelating to proper inflation and loadlimits and other tire safety concerns.These measures, by increasingconsumer knowledge and awareness,should result in reduced tire failuresand tire related crashes, and thereforefewer deaths and injuries.

II. BackgroundThe Transportation Recall

Enhancement, Accountability, andDocumentation (TREAD) Act of 2000,Pub. L. 106–414, requires the agency toaddress numerous matters throughrulemaking. One of these matters, setforth in section 11 of the Act, is theimprovement of the labeling of tiresrequired by section 30123 of title 49,United States Code, to assist consumersin identifying tires that may be thesubject of a recall. Section 11 providesthat the agency must initiate arulemaking proceeding for that purposewithin 30 days after the enactment ofthe Act and must complete it not laterthan June 1, 2002.

Additionally, that section providesthat the agency may take whateveradditional action it deems appropriateto ensure that the public is aware of theimportance of observing motor vehicletire load limits and maintaining proper

tire inflation levels for the safeoperation of a motor vehicle. Section 11states that such additional action may,for example, include a requirement thatthe manufacturer of motor vehiclesprovide the purchasers of the motorvehicles information on appropriate tireinflation levels and load limits if theagency determines that requiring suchmanufacturers to provide thatinformation is the most appropriate waythat information can be provided.

On December 1, 2000, this agencypublished an Advance Notice ofProposed Rulemaking (ANPRM) (65 FR75222), as required by the TREAD Act,announcing our plans to (1) improve thelabeling of tires, (2) assist consumers inidentifying tires that may be the subjectof a recall, and (3) ensure that the publicis aware of the importance of observingmotor vehicle tire load limits andmaintaining proper tire inflation levelsfor the safe operation of a motor vehicle.Specifically, we discussed tire labelrequirements and prior rulemakings, aswell as presented a number of questionsfor public comment on issues such asgeneral consumer knowledge andbehavior, availability of information toconsumers, and Tire IdentificationNumber (TIN) information and location.

III. Existing Labeling Requirements

A. GenerallyNHTSA’s existing labeling

requirements for new passenger car tiresare set forth in Federal Motor VehicleSafety Standard (FMVSS) No. 109, NewPneumatic Tires—Passenger Cars (49CFR 571.109). Specifically, section S4.3of FMVSS No. 109 sets forthinformation labeling requirements fortires, including requirements regardingthe positioning of the information onthe sidewall to ensure that it is readilyvisible and to minimize the possibilitythat it will be scuffed off if the sidewallhits a curb or similar object. It providesthat the information listed in paragraphsS4.3 (a) through (e) (e.g., number ofplies and maximum permissibleinflation pressure) must appear, on atleast one sidewall, in an area betweenthe maximum section width and thebead of the tire, unless the maximumsection width of the tire falls betweenthe bead and one-fourth of the distancefrom the bead to the shoulder of the tire.For tires for which the maximumsection width falls in that area, allrequired labeling must be locatedbetween the bead and a point one-halfthe distance from the bead to theshoulder of the tire.3 Section S4.3.1 and

S4.3.2 provide more extensive locationrequirements for other information (e.g.,the DOT certification and the name ofthe manufacturer or brand name andnumber assigned to the manufacturer) tobe placed on car tires. They provide thatthe labeling must be done in the mannerspecified in Part 574.5.

NHTSA’s labeling requirement forretreaded passenger car tires is set forthin FMVSS No. 117, PneumaticRetreaded Tires (49 CFR 571.117).FMVSS No. 117 requires that eachnewly retreaded passenger car tire havemolded into its sidewalls informationsimilar to that required in FMVSSNo.109, plus the words bias, or biasbelted, or radial, as applicable. FMVSSNo. 117 does not, though, require thatthe name of the manufacturer or brandname and number assigned to themanufacturer be placed on retreadedtires as is required on new passengervehicle tires by FMVSS No. 109.

NHTSA’s labeling requirements fornew tires for vehicles other thanpassenger cars are set forth in FMVSSNo. 119, New Pneumatic Tires forVehicles other than Passenger Cars (49CFR § 571.119). Paragraph S6.5 ofFMVSS No. 119 specifies that all tiresfor vehicles other than passenger carsmust have certain markings on thesidewalls. Among other things, thesetires must show the actual number ofplies in the tire, the composition of theply cord material (S6.5(f)), and a letterdesignating the load range (S6.5(j)). S6.5also provides that the designatedinformation must appear, on at least onesidewall, in an area between themaximum section width and bead of thetire, unless the maximum section widthof the tire falls between the bead andone-fourth of the distance from the bead

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

4 NHTSA originally proposed these requirementsin response to the May 22, 1970 amendments to theNational Traffic and Motor Vehicle Safety Act of1966, Pub. L. 89–563, originally 15 U.S.C. 1581 etseq. (Codified in 1995 and now found at 49 U.S.C.30101 et seq.). Those amendments, among otherthings, required manufacturers and brand nameowners of new and retreaded motor vehicle tires tomaintain records of the names and addresses of thefirst purchasers of tires (other than dealers ordistributors) in order to facilitate notification ofsuch purchasers in the event tires were found to bedefective or not to comply with applicable Federalmotor vehicle safety standards.

5 The agency believed that an effective method oftire identification was essential to an effectivedefect or noncompliance notification system for tireowners. Accordingly, on July 23, 1970, NHTSApublished a Notice of Proposed Rulemaking(NPRM) (35 FR 11800) proposing to establish a tireidentification system to provide a means to identifythe manufacturer of the tire, the date ofmanufacture, the tire size, and, at the option of themanufacturer, additional information to furtherdescribe the type or other significant characteristicsof the tire. The agency proposed a TIN composedof four groups of figures: the first group wouldcontain the manufacturer’s identification markwhich would be assigned by NHTSA; the secondgroup would identify the tire size; the third groupwould identify the date of manufacture of the tire;and the fourth group would be the manufacturer’soptional description of the tire. The figures wouldbe a minimum of 1⁄4 inch high and would appearon both sidewalls of the tire.

In a final rule published on November 10, 1970(35 FR 17257), the agency revised the requirementsproposed in the NPRM in response to thesuggestions of various commenters. Specifically,NHTSA reversed the order of the manufacturer’soptional information and the date of manufacture,so that the latter would appear in the fourthgrouping and the manufacturer’s optionalinformation would appear in the third grouping.NHTSA also stated that the tire identificationnumber need only appear on one sidewall inresponse to concerns relating to worker safety, andthat the figures need only be 5⁄32 inch high on tireswith a bead diameter of less than 13 inches. Manycommenters requested that the date code beexpressed in alpha-numeric form in order to reducethe date figures to two digits. NHTSA declined toadopt the alpha-numeric system because it could beconfusing to the public and because retreaders maynot be able to easily determine the age of the casingto be retreaded. In order to shorten the stencil plate,however, NHTSA dropped one of the two digitsrepresenting the decade of manufacture, therebyreducing the date of manufacture group from fourdigits to three. The date of manufacture groupingwas later expanded to four digits. (64 FR 36807;July 8, 1999)

6 In response to petitions for a rulemaking, theagency amended NHTSA’s tire identification andrecordkeeping regulation in 1999 to require the dateof manufacture to be expressed in four digits,instead of the previously required three, so thatconsumers would be able to determine the decadeof manufacture of their tires. (64 FR 36807; July 8,1999) This rule also reduced the minimum size ofthe digits from the then currently requiredminimum of 6 millimeters (mm) (1⁄4 inch) to 4 mm(5⁄32 inch) to relieve the manufacturers andretreaders of the burden they might otherwise haveincurred by having to redesign their tire molds toaccommodate the additional digit.

In that rulemaking, all commenters supportedadding a fourth digit to the date code. Two of thecommenters, though, opposed reducing the size ofthe numbers in the TIN on the basis that suchreduction would make it more difficult forconsumers to see, especially those with visualpathologies. These commenters did not, however,provide any data showing that drivers cannot read4 mm figures. NHTSA said that its experience todate with 4 mm figures on tires suggest that figuresof that size do not present a problem. (It should benoted that many tire manufacturers actually usefigures larger than 4 mm for the date code. Asdiscussed in the final rule, 4 mm is approximatelythe equivalent of font size 16 in Windows 95, whichis approximately double the font size used in theFederal Register and also approximately double thesize of the largest letters found on the U.S. quartersbeing minted then. Additionally, this agencypointed out that the size of the UTQGS tire gradesmarked on tire sidewalls has always been 4 mm (5⁄32

inch) and the agency had not received anycomplaints that those letters or numbers were toosmall to read. Finally, Part 574 permits tires of lessthan 13 inches in diameter or those that have lessthan a 6-inch cross section width to have a letter/number size of 4 mm. Again, the agency had notreceived any complaints about the size of thoseletters/numbers.

to the shoulder of the tire. For tires forwhich the maximum section width fallsin that area, all required labeling mustbe located between the bead and a pointone-half the distance from the bead tothe shoulder of the tire. Additionally,section S6.5(b) requires that each tire bemarked with the tire identificationrequired by part 574 of this chapter andthat this number may be marked on onlyone sidewall.

NHTSA’s labeling requirements fornew temporary spare non-pneumatictires for passenger cars are set forth inFMVSS No. 129, New non-pneumatictires for passenger cars (49 CFR571.129). The FMVSS No. 129 labelingrequirements are similar to those setforth in section S4.3 in FMVSS No. 109for size designation, load, rating, rimsize and type designation, manufactureror brand name, certification, and tireidentification number. The standardalso includes temporary use andmaximum speed labeling requirements(which provide an extra margin of safetyrelating to the handling and braking ofthese tires) and allows methods ofpermanent marking other than‘‘molding’’ in anticipation of thedifficulty of molding requiredinformation on non-pneumatic tiredesigns. Paragraph S.4 of FMVSS No.129 specifies that each non-pneumatictire must have certain markings on thesidewalls including the non-pneumatictire identification code (NPTIC), theload rating, and the tire identificationnumber required in Part 574. Theselabeling requirements also specify thatthe labeling information must appear onboth sides of the tire, except, in the caseof a tire that has a particular side thatmust always face outward where theinformation must appear on the outwardfacing side.

B. Tire Identification Number (TIN)

Section 574.5 of Title 49, CFR, TireIdentification Requirements, sets forththe methods by which new tiremanufacturers and new tire brand nameowners must identify tires for use onmotor vehicles.4 The section also setsforth the methods by which tireretreaders and retreaded tire brand

name owners must identify tires for useon motor vehicles. The purpose of theserequirements is to facilitate efforts bytire manufacturers to notify purchasersof defective or nonconforming tires andby such purchasers to identify thosetires so that purchasers can takeappropriate action in the interest ofmotor vehicle safety.5

Specifically, 574.5 requires each newtire manufacturer and each tire retreaderto mold a TIN into or onto the sidewallof each tire produced, in the mannerand location specified in the section andas depicted in Figures 1 and 2 of thatsection. The TIN is composed of fourgroups:

1. The first group represents themanufacturer’s identification markassigned to such manufacturer by thisagency in accordance with § 574.6;

2. The second group represents thetire size for new tires; for retreaded tires,the second group represents the retreadmatrix in which the tire was processedor, if no matrix was used, a tire sizecode;

3. The third group may, at the optionof the manufacturer, be used as a

descriptive code for identifyingsignificant characteristics of the tire. Ifthe tire is produced for a brand nameowner, the third grouping must identifysuch brand name owner; and

4. The fourth group identifies theweek and year of manufacture. The firsttwo figures identify the week, startingwith ‘‘01’’ to represent the first fullweek of the calendar year; the secondtwo figures represent the year. Forexample, ‘‘2198’’ represents the 21stweek of 1998.6

C. Other LabelingLabeling requirements are also

contained in 49 CFR part 567,Certification, 49 CFR part 575,Consumer Information Regulations,FMVSS No. 110, Tire Selection andRims, applicable to passenger cars andto non-pneumatic spare tire assembliesfor use on passenger cars, and FMVSSNo. 120, Tire Selection and Rims forMotor Vehicles Other Than PassengerCars.

Section 567.4 requires vehiclemanufacturers to affix to each vehicle alabel bearing, among other things, theGross Vehicle Weight Rating (GVWR),which must not be less than the sum ofthe unloaded vehicle weight, rated cargoload, and 150 pounds times the vehicles

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

7 The treadwear grade is a comparative ratingbased on the wear rate of the tire when tested undercontrolled conditions. For example, a tire graded200 should have its useful tread last twice as longas a tire graded 100.

8 Traction grades represent the tire’s ability tostop on wet pavement as measured undercontrolled conditions on asphalt and concrete testsurfaces. The traction grades from highest to lowest,are ‘‘AA’’, ‘‘A’’, ‘‘B’’ and ‘‘C’’. A tire graded ‘‘AA’’may have relatively better traction performancethan a tire graded ‘‘A’’, ‘‘B’’ or ‘‘C’’, based onstraight ahead braking tests. The grades do notreflect the cornering or turning tractionperformance of the tires.

9 Temperature grades represent the tire’sresistance to heat and its ability to dissipate heatwhen tested under controlled laboratory conditions.Sustained high temperature can cause the tire todegenerate and reduce tire life, and excessivetemperature can lead to sudden tire failure. Thetemperature grades from highest to lowest are ‘‘A’’,‘‘B’’ and ‘‘C’’. The grade ‘‘C’’ corresponds to theminimum performance required by FMVSS No.109. The temperature grade is for a tire that isinflated properly and not overloaded.

10 Prior to May 24, 1999 (64 FR 27921), passengercar manufacturers were required to directly providegeneral UTQGS information and the informationspecified in Section 575.104 in writing and theEnglish language to purchasers and potential

purchasers at the point of sale of new vehicles. Theagency eliminated this requirement, insteadrequiring that the information be contained withinthe owner’s manual, because it believed that theelimination of the point-of-sale requirement wouldrelieve a significant burden on vehiclemanufacturers and dealers and yet would have littleeffect on consumers. (64 FR 27921; May 24, 1999).

11 Herzlich Consulting (Herzlich) petitioned theagency on March 12, 1992, to amend FMVSS Nos.110 and 120 to include a requirement that themanufacturers of the vehicles subject to thosestandards place a warning in the glovecompartment or some other accessible/visiblelocation which would state, in high visibilityletters: ‘‘Warning: Underinflation, Overloading, orDamage can Cause any Tire to Fail Suddenly.’’ Insupport of the petition, Herzlich argued thatalthough the Federal and state governments and thetire industry continuously communicate tire safetyinformation, such efforts are ‘‘rather unsuccessful.’’Herzlich also argued that tire failure due to roadhazard damage, underinflation, or overloadcontinues to be a problem. He stated that tires arethe most important safety component on the vehicleand, perhaps because of their high degree ofreliability, they are often taken for granted byconsumers. Herzlich also referred to unspecifiedsurveys purporting to show that a ‘‘significantnumber of vehicles are running on underinflated,overloaded, worn-out or damaged tires,’’ which, hecontended, indicates that people get careless andneed to be reminded over and over again to inspectand 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 tiremaintenance. Additionally, the agency stated thatthere was no reason to believe that requiring thesame information be made available in anotherplace would increase consumer’s responsiveness tosuch information. Finally, the petitioner presentedno data, and this agency was aware of none, thatwould support petitioner’s assertion that impropermaintenance causes the vast majority of tire failuresor that a significant number of vehicles are runningon underinflated, overloaded, worn out or damagedtires.

In summary, NHTSA believed at that time thatthe wealth of safety materials already available tothe public through industry, government, andconsumer sources adequately addressed the issue ofproper tire inflation and maintenance; that existinglabeling requirements provided sufficientinformation to enable consumers to maintain tiresproperly and safely; and that the petitioner had notshown that the amendments he proposed wouldsignificantly change the behavior of the public inthat respect.

12 In a final rule published on March 11, 1993 (58FR 13424), the agency amended FMVSS No. 120 toclarify the requirement about tire information labelson multipurpose passenger vehicles, trucks, buses,and trailers. Specifically, this amendment requiredthe label to specify a recommended tire inflationpressure when such vehicles are equipped withpassenger car tires.

rated seating capacity; and the GrossAxle Weight Rating (GAWR), which isthe value specified by the manufactureras the load carrying capacity of a singleaxle system.

Section 30123(e) of Title 49, U.S.Code, requires the Secretary ofTransportation to prescribe a uniformquality grading system for motor vehicletires to help consumers make aninformed choice when purchasing tires.NHTSA implemented this statutorymandate by issuing the Uniform TireQuality Grading System (UTQGS) at 49CFR 575.104, applicable to newpassenger car tires. The UTQGS requirepassenger car and tire manufacturersand tire brand name owners to provideconsumers with information withrespect to the treadwear,7 traction,8 andtemperature resistance 9 performance oftheir tires. UTQGS information isrequired to be provided on twolocations on the tire: a paper labelaffixed to the tread, and molded into thesidewalls. Excluded from the UTQGSare deep-tread, winter-type snow tires,space-saver or temporary-use spare tires,tires with nominal rim diameters of 12inches or less and limited productiontires as described in 49 CFR575.104(c)(2).

Section 575.6(a) of Title 49, CFR,requires that when a motor vehicle isdelivered to the first purchaser forpurposes other than resale, the vehiclemanufacturer must provide, in writingand in the English language, theinformation specified in Section575.103 applicable to that vehicle, andin the owner’s manual, the informationspecified in Section 575.104.10 Section

575.104(d)(1)(iii) requires vehiclemanufacturers to list all possible gradesfor traction and temperature resistanceand restate verbatim the explanation ofeach of the three graded aspects ofperformance. The information must alsocontain a statement referring the readerto the tire sidewall for the specificgraded performance of the tires withwhich the vehicle is equipped. Section575.6(c) requires that each vehiclemanufacturer, brand name owner oftires, and manufacturer of tires forwhich there is no brand name owner toprovide the information specified insubpart B of Part 575 to prospectivepurchasers at each location at which itsvehicles or tires are offered for sale.

Paragraph S4.3 of FMVSS No. 110requires manufacturers to affix a placardto each passenger car’s glovecompartment door or an equallyaccessible location showing thevehicle’s capacity weight, designatedseating capacity, the manufacturer’srecommended cold tire inflationpressure for maximum loaded vehicleweight, the manufacturer’srecommended tire size designation, and,for a vehicle equipped with a non-pneumatic spare tire assembly, the non-pneumatic identification code requiredby FMVSS No. 129, New Non-Pneumatic Tires for Passenger Cars. Therequired information is intended topromote the vehicle’s safe performanceby preventing overloading of the tires orthe vehicle itself.11

FMVSS No. 120 requires that eachvehicle show, on the label required by567.4, or on a tire information label(S5.3.2(b)), the recommended tire sizedesignation appropriate for the GAWR,the size and type designation of rimsappropriate for those tires, and therecommended cold inflation pressurefor those tires such that the sum of theload ratings of the tires on each axle(when the tires load carrying capacity atthe specified pressure is reduced bydividing 1.10, in the case of a tiresubject to FMVSS No. 109, i.e., apassenger car tire) is appropriate for theGAWR.12

IV. Current Safety Problem—Inadequacy of Existing LabelingRequirements

A. Difficulty Locating the TINThe continued use of tires determined

to be unsafe poses a safety risk not onlyfor the occupants of the vehiclesequipped with those tires, but also forother highway users near those vehicles.

One effect of the combination of theprevalence of long-life radial tires is thattires have significantly longer servicelife now than 20 years ago. Anothereffect of radials is that there are largenumbers of persons who purchase aused car with used radial tires. Unlikethe case of first purchasers, there is noprocedure for providing tiremanufacturers with the names andaddresses of subsequent purchasers.Thus there is no way for the tiremanufacturers to directly contactsubsequent purchasers in the event of arecall. The only way that either of thesegroups could determine that their tires

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13 Tire Safety Survey, prepared for AAAFoundation for Traffic Safety, by Roper StarchWorldwide, Inc., March 22, 1999. Interviews wereconducted between March 10, 1999 and 14, 1999.

14 Consumer Tire Maintenance and SafetyAwareness Research, A Report to Rubber

Manufacturers Association, by Fleishman-HillardResearch, October 2000.

15 Data was collected through the infrastructure ofthe National Accident Sampling System—Crashworthiness Data System (NASS–CDS). TheNASS–CDS consists of 24 Primary Sampling Units(PSUs) located across the country. Within each

PSU, a random selection of zip codes was obtainedfrom a list of eligible zip codes. Within each zipcode, a random selection of two gas stations wasobtained.

16 This total was comprised of 5,442 passengercars, 1,874 SUVs, 1,376 vans, and 1,838 pickuptrucks.

have been recalled would be to find theidentification numbers on their tires andcompare them with the series ofidentification numbers contained ingeneral public announcements about therecall.

As a result of the difficulty andinconvenience of checking the TINs, thepercentage of people who respond to atire recall campaign is reduced andmotorists unknowingly continue todrive their vehicles with potentiallyunsafe tires.

The side of a tire bearing the TIN isoften mounted so that it faces inward.In the case of whitewall tires, thisoccurs because the TIN is almost alwaysmolded on the blackwall (i.e., insidesidewall) of the tire. Whitewall tiresaccount for a small and decliningpercentage (currently about 5 percent orless) of original equipment tire sales inthis country, but about 40 percent ofreplacement tires. There are about threetimes as many replacement tires asoriginal equipment tires sold each year.Blackwall tires, which have the TIN onone sidewall, are as likely to bemounted with the number side facing inas out. Based on this information, weestimate that approximately 65 percentof all tires are mounted with their TINsnot readily visible.

When the TINs appear on the insidesidewalls of the tires mounted onvehicles, motorists have threeinconvenient ways of finding andrecording the TINs. They must either:(1) Slide under the vehicle with aflashlight, pencil and paper and searchthe inside sidewalls for the TINs; (2)remove each tire, find and record theTIN, and then replace the tire; or (3)enlist the aid of a garage or servicestation which can perform option 1 orplace the vehicle on a vehicle lift so thatthe TINs can be found and recorded.

B. Lack of Consumer KnowledgeConcerning Correct Tire inflationPressure

Maintaining proper inflation pressurein motor vehicle tires is important to thesafe and efficient use of motor vehicles.

The recommended inflation pressureis labeled on the vehicle on a placard orthe vehicle certification label by thevehicle manufacturer to provide thecold tire inflation pressure for themaximum loaded vehicle weight basedupon vehicle specification and

operation as determined by the vehiclemanufacturer. The recommendedinflation pressure is often confused withthe maximum inflation pressure whichis labeled on the tire by the tiremanufacturer to provide the maximumcold inflation pressure to which a tiremay be inflated based upon themaximum load rating for that tire.

Maintaining tires at their properinflation pressure, instead of allowingthem to become underinflated, reducesheat build up, minimizes tire wear,contributes to good vehicle handlingand improves fuel economy throughdecreasing the rolling resistance of thetires. In light of the trend toward self-service gas stations, the motorist’sresponsibility for maintaining properinflation pressure is more significant.Unfortunately, surveys indicate that asignificant number of vehicles are beingoperated with underinflated, overloadedand/or damaged tires and that thepublic needs to be reminded to inspectand properly maintain their tires.

The 2000 Bureau of TransportationStatistics (BTS) Omnibus Survey,conducted in September 2000,contained four questions on the public’sknowledge of tire pressure issues. Thissurvey, which contained 1,017household interviews, indicated that,among other things, at least 54.7 percentof the respondents do not know how todetermine the proper pressure for theirtires.

The AAA Tire Safety Survey, basedon an omnibus nationwide telephonesurvey of 1070 adult Americans (539males and 531 females) who drive a car,motorcycle, or other motor vehicle atleast once a week, queried participantson how to identify the correct tirepressure.13 The survey indicated that,despite a consciousness about checkingtire pressure (82% surveyed said theychecked their tire pressure at least everythree months and 48% said theychecked their tire pressure at least oncea month), American drivers lacksufficient knowledge about how todetermine optimum tire pressure. Abouthalf (48%) consult the tire sidewall, andfewer check more reliable methods suchas the owner’s manual (27%) or thevehicle placard (18%).

The Rubber ManufacturersAssociation (RMA) survey, based onfour hundred 11-minute telephoneinterviews conducted between October

12 and 19, 2000, with consumers whoown or lease a vehicle they drive at leastonce a week and are responsible formaking decisions about the routinemaintenance of their vehicle, exploredthe extent to which consumers areaware of and knowledgeable about tiresafety.14 To assess tire maintenanceknowledge, drivers were asked 16questions related to properlymaintaining automotive tires. Of thesequestions pertaining to tire labeling,drivers were asked to name the bestsources for the recommended tirepressure. In response, forty-five percentof drivers responded correctly to thisquestion by saying the owner’s manualor decals on the inside of the vehicle’sdoor or glove box. Twenty-sevenpercent responded incorrectly byreporting that the best source for therecommended tire pressure was on thesidewall of the tire, 7% volunteered‘‘tire manufacturer information’’ ingeneral, and 12% said something else.Only 10% said they ‘‘did not know.’’

In Spring 2001, the National Centerfor Statistics and Analysis (NCSA)conducted the 2001 NationalAutomotive Sampling System (NASS)Tire Pressure Special Study (NASSStudy) 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 inthe NHTSA Docket No. NHTSA–2000–8572. The NASS Study was designed toassess, among other factors, the extent towhich passenger vehicle operators areaware of the recommended air pressurefor their tires.

During a total of 336 visits to gasstations, a NASS team collected surveydata from drivers from each of thefollowing vehicle categories: passengercars; sport utility vehicles; vans; andpickup trucks. A total of 11,350 vehicledrivers were surveyed about theirknowledge of the vehicle manufacturersrecommended tire pressure.16 Surveydata were analyzed for the followingthree 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 eithermetric LT-type or high flotation tires.The drivers, asked how they determineat what pressure to set their tires,answered as follows:

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17 These crash databases are the NationalAutomotive Sampling System—CrashworthinessData System (NASS–CDS) and the Fatality AnalysisReporting System (FARS).

18 For the NASS–CDS system, trainedinvestigators collect data on a sample of tow-awaycrashes around the country. These data can be‘‘weighted up’’ to national estimates. A NASS–CDSGeneral Vehicle Form contains the followinginformation: a critical pre-crash event, such asvehicle loss of control due to a blowout or flat tire.This category includes only part of the tire-relatedproblems which cause crashes. This coding would

only be used when the tire went flat or there wasa blowout that caused a loss of control of thevehicle, resulting in a crash. The value is not usedfor cases in which one or more of a vehicle’s tireswas under-inflated, preventing the vehicle fromperforming as well as it could have in an emergencysituation.

19 In FARS, tire problems are noted after thecrash, if they are noted at all. The FARS file doesnot indicate whether the tire problem caused thecrash, influenced the severity of the crash, or justoccurred during the crash. For example, somecrashes may have been caused by a tire blowout,

while in others the vehicle may have slid sidewaysand struck a curb, causing a flat tire which may ormay not have influenced whether the vehicleexperienced rollover. Thus, while an indication ofa tire problem in the FARS file give some indicationas to the potential magnitude of the tire problem infatal crashes, it can neither be considered the lowestpossible number because the tire might not havecaused the crash, nor the highest number of casesbecause not all crashes with tire problems mighthave been coded by the police.

How drivers determine at what pressure to set their tires

Percent

Passengercar P-metric

tires

Trucks, SUVs and Vans

P-metric tires LT or highflotation tires

Owner’s Manual ................................................................................................................................. 17.84 14.8 21.9Vehicle Placard .................................................................................................................................. 8.39 7.06 10.84Tire Labeling ...................................................................................................................................... 21.56 31.47 44.35Visually ............................................................................................................................................... 10.68 8.23 6.83Other .................................................................................................................................................. 9.75 9.56 9.89Does not Know .................................................................................................................................. 6.87 4.31 2.02Other person maintains ..................................................................................................................... 23.8 23.07 4.11Unknown ............................................................................................................................................ 1.1 1.51 0.06

This data indicates that only about 26(17.84 + 8.39) percent of drivers ofpassenger cars, 22 (14.8 + 7.06) percentof drivers of pick-up trucks, SUVS, andvans with P-metric tires, and 32 (21.9 +10.84) percent of drivers of pick-uptrucks, SUVs, and vans with either LTor flotation tires know how to consulteither the vehicle placard or the owner’smanual to determine the correctinflation pressure for their vehicles’tires.

C. Safety Problems Associated WithTires

Tire under-inflation, high ambienttemperatures, and vehicle overloadingare among the factors being consideredin the ongoing evaluation of the radialtire failures that have occurred in recentyears which have been associated withrollover and other crashes. For example,when a tire is used while significantlyunder-inflated, its sidewalls flex moreand the air temperature inside itincreases, making the tire more prone tofailure. In addition, a significantlyunder-inflated tire loses lateral traction,making handling more difficult. Theagency also has received data from

Goodyear indicating that significantlyunder-inflated tires increase a vehicle’sstopping distance on wet surfaces.

NHTSA’s crash files do not containany direct evidence that points to lowtire pressure as the cause of anyparticular crash. However, this lack ofdata does not imply that low tirepressure does not cause or contribute toany crashes. It simply reflects the factthat measurements of tire pressure arenot among the vehicle informationincluded in the crash reports receivedby the agency and placed in its crashdata bases.17

The only tire-related data element inthe agency’s data bases is ‘‘flat tire orblowout.’’ Even in crashes for which aflat tire or blowout is reported, crashinvestigators cannot tell whether lowtire pressure contributed to the tirefailure.

Under-inflated tires can contribute toother types of crashes than thoseresulting from blow outs or tire failure,including crashes which result from: anincrease in stopping distance; skiddingand/or a loss of control of the vehicle ina curve or in a lane change maneuver;or hydroplaning on a wet surface.

However, the agency does not have anydata on how often under-inflated tirescause crashes or contribute to theiroccurrence.

Additionally, under-inflationcontributes to tire overload. Tireoverload describes a condition in whichthe vehicle is carrying more weight thanthe tire is rated to carry at a specifiedinflation pressure. For instance, forevery 1-psi reduction in inflationpressure, a vehicle’s tires suffer a 1.6%reduction in vehicle capacity weight(passenger plus cargo capacity).Overloading can result in handling orsteering problems, brake failure, and tirefailure.

Several crash files containinformation on ‘‘general’’ tire relatedproblems that precipitate crashes. Themore recent of these files are TheNational Automotive SamplingSystem—Crashworthiness Data System(NASS–CDS) 18 and the FatalityAnalysis Reporting System (FARS).19

NASS–CDS data for 1995 through1998 indicate that there are an estimated23,464 tow-away crashes caused peryear by blowouts or flat tires.

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

Tire related cases Percent tirerelated

Passenger Cars Total ...................................................................................................................................... 10,169 0.31Rollover ..................................................................................................................................................... 1,837 (18%) 1.87Non-rollover .............................................................................................................................................. 8,332 (82%) 0.26

Light Trucks Total* ........................................................................................................................................... 13,294 0.99Rollover ..................................................................................................................................................... 9,577 (72%) 6.88

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20 From the responses to the orders, the agencylearned that of the 52 tire plants operated by therespondents in this country, 46 of them operatedonly five or six days a week. The remaining sixplants operated all week. In the case of those 46plants, workers could safely and easily change thenumber plates during one of the days when themolds were non-operational and at roomtemperature. The practice of the manufacturers wasto change the number plates on these molds duringtheir non-operational day. On that day, workerscould easily change the number plates on the uppermold as on the lower mold. Additionally, themanufacturers operating seven days a weekindicated that workers could safely change thenumber plates on operating upper molds in any ofseveral ways. One way would be to place insulatedblankets over the bottom molds. Another waywould be to mold the whitewall side of whitewalltires on the lower mold so that the number platescould be placed on the more readily accessibleupper molds.

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

Tire related cases Percent tirerelated

Non-rollover .............................................................................................................................................. 3,717 (28%) 0.31Light Vehicles Total ......................................................................................................................................... 23,463 0.51

Rollover ..................................................................................................................................................... 11,414 (49%) 4.81Non-rollover .............................................................................................................................................. 12,049 (51%) 0.28

* Light trucks, as used here, means pickup trucks, vans (all sizes), and SUVs.

Therefore, about one half of onepercent of all crashes are caused bythese tire problems. The rate of blowout-caused crashes for light trucks (0.99percent) is more than three times therate of those crashes for passenger cars(0.31 percent). Blowouts cause a muchhigher proportion of rollover crashes(4.81) than non-rollover crashes (0.28);and again more than three times the ratein light trucks (6.88 percent) than inpassenger cars (1.87 percent).

FARS data for 1995 through 1998show that 1.10 percent of all lightvehicles in fatal crashes were codedwith tire problems. Light trucks hadslightly higher rates of tire problems(1.20 percent) than passenger cars (1.04percent). The annual average number ofvehicles with tire problems in FARSwas 535 (313 passenger cars and 222light trucks).

IV. Agency Response to Safety Problem

A. Prior Agency Rulemaking EffortsAs stated above, the TIN originated

with the May 22, 1970 amendments tothe National Traffic and Motor VehicleSafety Act of 1966. Prior to that time,there were no tire labeling requirementsin effect. Tire manufacturers simplyfollowed standard industry practices.

In the early 1980’s, NHTSA granted apetition for rulemaking filed by theCenter for Auto Safety (the Center)requesting that 49 CFR part 574, TireIdentification and Recordkeeping, beamended to require that the TIN beplaced on the outside sidewall (i.e., thesidewall visible when a tire is mountedon a vehicle) of whitewall tires and onboth sides of blackwall tires. The Centerstated that the current tire industrypractice of placing the TIN on the insidesidewall of whitewall tires and on onlyone side of blackwall tires made it verydifficult for most motorists to find andread the TINs on their tires once theyare mounted on vehicles.

Prior to publishing an NPRM (45 FR82293; December 15, 1980), the agencysent special orders to nine tiremanufacturers who together represented84 percent of world tire production and90 percent of domestic production oftires for use in this country to gather

information on the feasibility and costsof implementing the proposedrequirements. Among the questions inthe special orders were ones askingwhether the tire presses were operated24 hours a day seven days a week and,if so, what measures could be taken toensure that workers could safely changethe identification number plates in thepresses. (A tire press generally workslike a clam shell. The lower half of thepress remains in a fixed horizontalposition, while the upper half ismovable. The tire mold, which also hasupper and lower halves, fits inside thepress.) None of the respondentssuggested that changing the numberplates would present insurmountablesafety problems.20 Further, based on itsevaluation of these responses, NHTSAdetermined that such a requirementwould impose costs of between $4.25million and $5.9 million.

On April 9, 1981, the agencypublished a notice of intent listing 17actions that the agency said it intendedto take to reduce unnecessary regulatoryburdens upon the motor vehicle andrelated manufacturing industries (46 FR21203). Among them was terminatingrulemaking on the location of the TIN.

Subsequently, the agency terminatedthe rulemaking (48 FR 19761; May 2,1983). The agency stated that it wastaking that action because it was unableto determine that the adoption of theproposal would significantly contribute

to motor vehicle safety and because thecompliance costs would be $4.25 to $5.9million. Although the agencyanticipated that the adoption of theamendment would increase theresponse to tire recall campaigns andthat ultimately the action would reducethe chance of potentially unsafe tiresbeing used on public roads, it was notable to provide a quantified estimate ofthe benefits to be gained from theproposed amendment. The data reliedupon by the agency in issuing theproposal consisted solely of anecdotalcomments by 13 consumers ondifficulties they experienced in locatingtire identification numbers. These 13comments were among about 9,500responses received by the agency inresponse to a survey in which it sentquestionnaires to approximately100,000 consumers. Thus, only 0.013percent of the questionnaire recipientsand 0.14 percent of the respondentsreported this type of difficulty. Prior toissuing the proposal, the agency did nothave any data or perform any analysisregarding the extent to which theproposed requirement would increasethe number of people who find theidentification number on their tires, thenumber of those people who respond toa recall, or the number of potentiallydefective or noncomplying tires thatwould be removed from service. Noadditional data regarding benefits wereobtained by the agency as a result of thecomment process.

B. December 2000 Advanced Notice ofProposed Rulemaking

On December 1, 2000, NHTSApublished an advanced notice ofproposed rulemaking pursuant to theTREAD Act and in recognition of theimportance of obtaining public inputbefore making decision regardingactivities under the provisions arisingunder the TREAD Act. (65 FR 75222,December 1, 2000).

The ANPRM discussed NHTSA’sexisting tire information labeling andmarking requirements, tireidentification number requirements, andother labeling requirements such asthose contained within its Consumer

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Information Regulations, e.g., UTQGS.Also discussed in the ANPRM wereprior rulemaking actions and petitionspertinent to the tire labeling issuesaddressed by the TREAD Act,particularly those relevant to thelocation of the TIN, and underinflationand overloading concerns.

In addition, NHTSA solicitedcomments in areas such as generalconsumer knowledge and behavior,availability of information toconsumers, TIN information, and othertire labeling information. The agencyasked an extensive number of specificquestions related to such matters suchas tire identification number content,readability and location, loading, pliesand cord material, tread wear indicators,UTQGS, speed rating, run-flat andextended mobility tires, tire inflationpressure, and the dissemination of tiresafety information.

C. Summary of Public Comments onANPRM

NHTSA received 21 comments on theDecember 1, 2000 ANPRM. The 21comments were submitted by: 4manufacturers (1 tire manufacturer and3 vehicle manufacturers), 9 associations,and 6 other entities (2 consumeradvocacy organizations and 4individuals). The comments aresummarized below.

1. General Consumer Knowledge andBehavior/Availability of Information toConsumers

• Commenters, as a group, stated thatconsumers are generally provided withthe information that they need toproperly maintain their tires, determinesafe loads, and identify recalled tires.However, they also stated that thisinformation must be presented in asimple, accurate, and comprehensivemanner that would be understood bythe average consumer who is not welleducated about tires and tiremaintenance.

• Commenters, as a group, also saidthat drivers are often unaware of tiresafety and maintenance information orare confused by the information andneed to be educated about theinteraction between the informationprovided. While a small percentage ofmotorists understand and respond toload and speed rating, tread indicators,ply and cord materials, the vast majorityremains unaware of this information.RMA reports that only 45% of drivers inits survey responded correctly to thequestion as to the source of informationfor recommended tire pressure andsurvey generally revealed thatconsumers do not know how to use tireinformation currently available.

Consumers Union (CU) recommendedthat additional wording of uniform sizeand standard location appear on bothsidewalls stating ‘‘cold operatingpressure: consult vehicle information.’’

• According to a tire safety surveyprepared for the American AutomobileAssociation (AAA) Foundation forTraffic Safety, 50% of American driverswho check their own tire pressureincorrectly consulted the sidewall, 27%consulted the owners manual and only18% correctly consulted the vehicle(placard) to determine the correct tirepressure. Ford reported that the owner’sguide was most popular source forobtaining tire pressure information,followed by the tire pressureinformation on the tire itself and thecertification label on the vehicle.

• Ford suggested that NHTSAconduct a focus group to betterunderstand consumer behavior. Prior totire recalls, consumers simply wantedclear tire pressure information, butFord’s recent experience indicated thatthey also want to be able to easily readtheir TIN numbers and to identifyrecalled tires and suggested ways toimprove tire safety.

2. TIN Information

a. Location

• Commenters, as a group, generallybelieved that the TIN would be easier tofind for consumers if it were located onthe outward facing sidewall of tires oron both sidewalls and was of sufficientsize as to be easily found and read.

• Several tire manufacturerassociation commenters objected torequiring a tire manufacturer to markthe TIN on both tire sidewalls becausethey believe that this continues topresent tire manufacturing workers witha serious potential safety hazard. One ofthese commenters stated that, whenmarking a TIN on both sidewalls, anoperator is exposed to danger such as afatal accident due to mis-operation ofcuring machine, or burns, bone fractureor blow on head, arm, leg, the back andso on because the operator is forced towork looking up inside of a curingmachine to put a stencil plate of the TINon the upper mold. RMA suggested thatthe agency should require that the TINbe placed on the intended outwardfacing sidewall of the tire to minimizerisks to workers.

• Tire manufacturing associationcommenters stated that, besides adversesafety consequences, cost and time dueto changes in the manufacturing processare issues of concern and theyrecommend a suitable phase-in period.RMA, for example, states thatmanufacturers would face substantial

costs if they must change existing moldsand that total costs to the economy(costs for changing existing molds,including cost of lost production duringthe initial change over plus theadditional ongoing weeklymanufacturing costs to make theadditional changes) could exceed $100million annually. RMA states that,based on the number of recalls madeover the past 30 years, the requirementto place the TIN on both sides of thesidewall is unnecessary given the cost ofimplementation and lack of addedbenefit and proposes placement of theTIN on the intended outboard side ofthe tire as a reasonable alternativesolution.

• According to tire manufacturingassociation commenters, to place theTIN on both sidewalls, existing tiremolds would have to be changed andbecause tire production occurs 24 hoursa day, seven days a week, there wouldbe substantial lost production costs tomake the changes, plus on-going costs,to make changes to both sides of molds.

• Commenters generally agreed thatthe TIN should be placed where therewill be a minimum possibility ofscuffing. Commenters stated that theTIN should be placed as closely to thewheel’s mounting bead or rim flange aspossible, as is current practice, to avoidcontact with curbs. One of thesecommenters stated that while it believesthat the TIN would be easier forconsumers if it were located on theoutboard sidewall of the tires, it wouldbe less vulnerable to abrasion as a resultof contact with curbs and other hardobjects if it were on the inboardsidewall of the tire as compared withthe outboard sidewall. Two associationcommenters stated that the TIN shouldremain in its current location.

b. Content and Readability• No commenter suggested that

additional information be added to theTIN. Most commenters suggested thatno change be made to contents of theTIN. Ford recommended that NHTSAshould require a standardized formatand font height on the outward facingsidewall of a tire and General Motorsrecommended that the size code in theTIN is redundant information that canonly be understood by reference toSection 574 and could be eliminatedfrom the TIN. Consumer’s Unionrecommended standardizing placementof the TIN and date of productioninformation and including the lettering‘‘Manuf. ID’’ and ‘‘Prod. Date. ww/yy’’above these codes.

• Most commenters stated thatoptional information in the TIN shouldnot be removed because, for example,

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the tire type may prove beneficial forconsumers seeking to replace their tireswith a similar type and because theoptional symbols better enable theidentification of the tire construction ofthe tire and because this informationcould be important in distinguishingrecalled tires from similar tires of thesame brand and tire size.

• Consumer group commenters statedthat the TIN should be standardized byNHTSA in terms of font, font size,space, raised letters, and placement andlocation on the sidewall.

• Tire manufacturer associationcommenters stated that the symbolheight of the TIN should not be changedbecause it will complicate the limitedsidewall space available and becauseplacing the TIN on the intendedoutboard sidewall will eliminate anyperceived problem. Consumers Unioncommented that 5⁄32 inch (4 mm) is notan adequate font size for the TIN digitsto provide optimum visibility,particularly for vision-impairedindividuals.

3. Other Tire Labeling Information

a. Load Ratings

• Generally, commenters, as a group,asserted that either the maximum loadrating or a load index value shouldcontinue to be shown on tires. Althoughthe commenters disagree on which formof information makes load informationmore accessible to the consumer, mostacknowledged that it is generallydifficult for a consumer to know theactual load on an individual tire.Several commenters suggestedimprovements in consumer educationconcerning the importance of load andits relationship to proper tire inflation.RMA suggested that the maximum loadrating be removed from the tire so thatconsumers will seek out the appropriatevehicle loading on the certification labelor vehicle tire placard.

• RMA commented that the mosteffective way to communicate therelationship between a tire’s loadcarrying capacity and vehicle load at agiven wheel position and to ensure thepurchase of correct replacement tires isthrough the use of load index values. Ifa load index value were required on thetire and the vehicle tire placard, theconsumer would then simply match atwo or three digit number on the tiresand vehicle tire placard to assure propertire load capacity for their vehicle.

• Tire manufacturer and dealerassociations commenters stated thatmost customers rely on dealers for mostinformation on tire safety andmaintenance. One tire dealer associationcommenter said that approximately half

of the tire dealers provide informationto all customers and approximately halfsupply information upon request. Thesame commenter stated that mostdealers do not routinely check to seethat the tires purchased are correct forthe GVWR and GAWR, although mostdo reference GVWR or GAWR asnecessary.

• Commenters, as a group, agreed thatfew motorists use or understand theload rating information found onsidewall tires. Advocates suggested thatthe load rating information remain onthe tire and that NHTSA needs toprovide specific consumer informationabout the consequences of under- and ofoverinflation of tires and theirinterdependent relationship withvehicle loads and potential instability.Tire manufacturer associationcommenters suggested that the loadratings be removed from the tires so thatdrivers will have to consult the vehicleplacard for load limit information.Vehicle manufacturers generallysupport leaving load rating informationon the tire sidewalls.

• Commenters generally stated thatmotorists rarely know the weight oftheir vehicles, empty or loaded, becausethis would require weighing of thevehicle. A tire manufacturer associationstated that some motorists load to thecapacity of the dimensions of thevehicle or they conduct an eyeballinspection.

• Commenters indicated thatoverloading frequently occurs, tovarying degrees, on pick-up trucks,particularly full-size pick up-trucks.Data provided by a vehiclemanufacturer indicate that almost allrespondents surveyed in a studyunderestimated load, with the averagerespondent underestimating load for hisor her vehicle by 36%. Tiremanufacturer association commentersasserted that consumer knowledge, orlack thereof, instead of currentallowances in tire load ratings, is toblame for overloading.

b. Plies and Cord Materials

• Commenters, as a group, generallyagreed that while ply and cordinformation is generally of no value toconsumers except when replacing tiresor in the event of a recall, it shouldremain on the tire for these purposes.Commenters agreed that ‘‘mileagewarranty’’ information is of no safetyvalue to consumers and should becommunicated at point of sale instead ofon tires. One tire retread associationcommenter noted that ply and cordmaterial is important for tire retread,repair, and recycling.

c. Tread Wear Indicator

• Vehicle manufacturer and tiremanufacturer association commentersstated the treadwear indicatorinformation should not be required to belabeled on the vehicle or tire becausethe information is more effectively andcomprehensively provided in owner’smanuals. RMA recommends thatNHTSA regulations for inspection ofvehicles in use (49 CFR 570.9 & 570.62)be changed to indicate that the presenceof a treadwear indicator in any majorgroove be used as an indication of wearout rather than the current requirementof the presence of treadwear indicatorsin two adjacent major grooves (at threelocations spaced approximately equallyaround the tire.) One consumercommenter stated that consumers couldbenefit from clearer sidewallidentification and that consumerswould benefit if the following wordsappeared elsewhere on the sidewall,‘‘replace tire when worn to indicator.’’

d. Uniform Tire Quality Grading System(UTQGS)

• One consumer commenter statedthat the UTQGS information is possiblythe most important item of consumerinformation regarding tire performanceand should be required to be marked ontire sidewalls for all light vehiclesweighing 10,000 GVWR or less. Aconsumer commenter also stated thatthis information should be provided inlarge block letters in contrasting colors.Further, consumers should be providedwith a plain language explanation of thesafety considerations underlying theUTQGS ratings. The commenter alsosaid it is preferable that an explanationof UTQGS be provided at the point ofsale. A vehicle manufacturer added thatmore consumer education concerningthe effect of inflation and loadingconditions on UTQGS ratings isnecessary. One tire manufacturerassociation commenter argued thatUTQGS only serves to confuseconsumers, is generally ignored, andshould be discontinued. Anothercommenter asserts that the treadwearrating should be changed to a statementconcerning the expected miles oftreadwear.

• Tire manufacturer associationcommenters did not support labelingadditional categories of tires withUTQGS information and suggested thatUTQGS information either beeliminated or be replaced by a servicedescription (load index and speedrating) and that treadwear and tractionshould be made available to consumersat point of sale. Consumer commenters,on the other hand, stated that UTQGS

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should apply to all tires for use on cars,SUVs, pickups, and on winter tires,particularly because UTQG tractiongrades are probably the most meaningfulof the UTQG grades for the consumerand should also be applicable to mudand snow tires.

e. Speed Rating• Generally, commenters, as a group,

believed that a tire’s speed rating isimportant, although not necessarilyintuitive, to consumers and should berequired to be indicated on the tire.Commenters agreed that consumersshould be helped to understand,through consumer education, that theyshould purchase replacement tires of anequal or greater speed rating to thoseissued as original equipment. Oneconsumer group commenter suggestedthat maximum speed limitations shouldbe noted on the sidewall as ‘‘speedcapacity’’ rather than ‘‘maximumspeed’’ and that UTQG temperaturegrades could be eliminated since theyare redundant with the ‘‘speedcapacity’’ information.

f. Run-Flat and Extended Mobility Tires• Tire association commenters and

Harley Davidson stated that run-flat andextended mobility tire capability shouldbe labeled on the tire sidewall as wellas on the vehicle placard. GeneralMotors (GM) commented that thislabeling would not add any additionalvalue because low inflation pressurewarning systems accompany these tiresand the capability is noted in theowner’s manual.

g. Retreaded Tires• A tire retread association

commenter stated that the currentlabeling requirements for retreated tiresare sufficient because those tirescomprise a very small market share, areused primarily for commercialapplications, and are serviced by well-trained service personnel.

h. Tire Inflation Pressure• Commenters suggested that the

following items be added to the vehicleplacard: payload information (includingan explanation of payload), tire servicedescription (load index and speedsymbol), high speed inflation pressureinformation, and speed rating.Commenters suggested the followinglocations for the tire placard: Door edgepillar, fuel door, visor, dashboard, glovebox, door jamb. Commenters alsosuggested that the placard be in astandardized format and location in thevehicle. One vehicle manufacturerstated that the tire size, speed rating,cold inflation pressure and load

capacity should be on the certificationlabel.

• While General Motors and theInternational Tire and RubberAssociation (ITRA) supported retainingthe maximum inflation pressure labelbecause it provides a ‘‘point ofreference’’ inflation pressure, mostcommenters argued that the maximuminflation pressure should be removedfrom the sidewall of tires becauseconsumers confuse it with therecommended inflation pressure foundon vehicles and because inflating a tireto maximum inflation pressure maycause uneven wear and other failures.Further, one tire manufacturerassociation commenter suggested thatconsumers will look at the certificationlabel or vehicle placard for pressureinformation if pressure information isnot contained on the tire. One tiremanufacturer association commenterasserted that removing the maximuminflation pressure would improve safetyif the correct inflation pressure is clearlyand conveniently communicated toconsumers and if consumers act on thisinformation. One vehicle manufacturercommenter remarked that there shouldbe a marking requirement for tires thatwould direct operators to use theinformation contained on the vehicletire placard.

i. Dissemination of Tire SafetyInformation

• Commenters neither supported noropposed a tire inflation warning label.Most, however, suggested that consumerawareness of correct tire pressure, size,and the relationship of load and tirepressure is appropriately addressedthrough consumer education.

• Commenters, as a group, said thatmessages about tire inflation, vehicleloads and handling, and other safetyeffects need to be communicatedrepeatedly and through the use ofdifferent media such as agencybrochures, manufacturer labels, owner’smanual entries, and point-of-saleliterature provided by tiremanufacturers. Also, a hierarchicalsystem of providing safety informationto consumers in varying forms anddetails based on the essential nature ofthe performance and safety informationshould be employed. The placardshould be mounted consistently in thesame place on all vehicles and be botheasily found and readable.

j. Motorcycles and Trailers• One vehicle manufacturer opposed

including applying amendments to thetire information labeling requirementsto motorcycle tires. Two tiremanufacturer associations stated that

trailer and motorcycle tires should berequired to have the same informationas other highway tire categories moldedinto the sidewall.

k. Font height for labeling information

• Two tire manufacturer associationcommenters stated that there is no needto change the current font heightspecified and indicated that this issueneeds to be considered as a part of abroader evaluation of tire marking andconsumer awareness. Consumer groupcommenters, however, argued that thecurrent font height is inadequate andneeds to be increased and made uniformfor the different labeling requirements.Commenters generally expressed theview that using contrasting colors forlabeling is not feasible due tomanufacturing process concerns andconsumer preference.

4. Harmonization Issues

• RMA suggested that ECEregulations 30 and 54 address issuessimilar to those raised in the ANPRM.Additionally, RMA called attention tothe work being done under WP.29’songoing process for developing a globaltechnical regulation for tires and theindustry’s GTS–2000 proposal.

• Manufacturers and associationcommenters pointed to both the WP.29process and to the GTS–2000 proposalas means to best accomplishharmonization of this standard withforeign standards and to reduceredundancy in the current situation.These commenters suggested thatdecreased costs and increasedinformation consistency would bebenefits of minimizing regulatorydivergence.

5. Other Comments

• Some comments includedsuggestions for improving theorganization and coherency of the tireinformation that currently appears inmore than six different standards andsections on tire information.

• Commenters also suggestedrequiring improved availability of safetyrelated service information, includingan in-vehicle safety information bookletwhich, in addition to owner’s manual,would provide explanations concerningthe operation and use of safety relatedsystems and equipment such as tires.

D. Focus Groups

In March 2001, NHTSA conducted aseries of eight focus groups to (1)explore consumer perceptions of motorvehicle tire labeling, (2) identify aspectsof motor vehicle tire labels that arepotentially confusing, and (3) identifymeans for optimizing the likelihood that

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21 Therefore, this proposal is applicable to LTtires up to load range E. This load range is typicallyused on large SUVs, vans, and trucks.

22 FMVSS No. 120 currently requires that eachmotor vehicle other than a passenger car show, onthe label required by § 567.4, or on a tireinformation label (S5.3.2(b)), the recommended tiresize designation appropriate for the GAWR, the tiresize and type designation of rims appropriate forthose tires, and the recommended cold inflationpressure for those tires such that the sum of theload ratings on the tires on each axle (when thetire’s load carrying capacity at the specifiedpressure is reduced by dividing 1.10, in the case ofa tire subject to FMVSS No. 109, i.e., a passengercar tire) is appropriate for the GAWR.

motor vehicle safety labels will be easilyread and comprehended. The FocusGroup Report, dated March 20, 2001,has been placed in the docket for thisrulemaking. Four focus groups wereconducted in Richmond, Virginia, andfour in Phoenix, Arizona. Each focusgroup was comprised of approximatelynine persons 18 to 75 years old whofulfilled the following criteria: (1)possess a current driver’s license, (2)primarily responsibility for taking careof personal vehicle, (3) owners/users ofpassenger cars, SUVs, van or minivan,motorcycle or pick-up truck, (4) nocurrent employment relating tomarketing or public relations, motorvehicles or motor vehicle parts, orgovernment employment relating to theregulation of the motor vehicles. Thecomposition of the groups represented amix of income, educational attainment,household income and race.

The moderator for the focus groupsconducted three exercises for eachgroup of participants. In the firstexercise, the moderator discussed withparticipants their current use of tireinformation. In the second exercise, themoderator solicited responses to a tireinformation presentation using a brandnew tire and a diagram provided byNHTSA to demonstrate the variety andnature of NHTSA-mandated informationon tires. In the third exercise, themoderator presented four variations onstandard tire placards (called ConceptsA through D in the Report) and solicitedcomments from the participants. Thefour formats included 2 black-and-whiteand 2 color versions. The color andblack-and-white versions each includeda small version that focused on airpressure and a longer version thatincluded tire and other vehicleinformation, e.g., load, seatingdesignation, etc. Conclusions from thefirst two exercises were:

• Tire information is ignored exceptwhen consumers are responding toconspicuously low tire pressure orbuying new tires;

• Participants only had knowledge ofone or two of the following aspects oftire information: tire size, brand name,price, weight load;

• At point of sale, tire informationand documentation other than pricereceipt and warranty is not provided;

• Retailers should be required toprovide tire information, e.g., adhesivetire information labels or brochure, atpoint of sale;

• Consumers are unaware that thereis a tire placard in their personalvehicle;

• Owner’s manuals are used on alimited basis for tire information;

• Consumers have little knowledge ofthe information available on the tiresidewall, besides tire pressure, type andbrand name. Most were perplexed bythe array of alpha and numeric codesappearing on the demonstration tire;

• Metric numbers are not understoodby consumers;

• Too much information on a tire ispreferable to too little information;

• Tire information sheets, similar tothose provided with prescription drugs,should be readily available to vehicleand tire purchasers;

• Consumers want to learn moreabout the meaning of the informationthat appears on tires, e.g., tire codes andratings;

• The following information shouldbe displayed on the tire: date ofmanufacture and recommendedreplacement interval;

• Tire information should bepresented in ‘‘plain language’’;

• Tire information should bepresented in a larger typeface;

• Tire information should appear onboth sides of the tire;

• Tire safety information is tooimportant and too tire-specific to berelegated to the owner’s manual or tireplacard—it should be provided at thepoint of new vehicle or replacement tirepurchase in paper form, e.g., brochure;

• Owner’s manuals, while a goodlocation for general tire safety andeducation information, is not anappropriate location for tire-specificinformation; and

• The term ‘‘cold tire pressure’’ is notreadily understood or is oftenmisunderstood as relating to the outsidetemperature/weather conditions.

With regard to the actual content,placement and design of the Tire SafetyInformation Placards discussed in thethird exercise, the followingrecommendations were made:

• Add/use color formats for the tireplacard instead of only black-and-white;

• Use small placard formats ratherthan large placard formats;

• Use a tire icon, as a visual cue, onthe placard (an icon makes the purposeand subject matter of the placard moreeasily identifiable and facilitates use ofthe placard information by drivers withmarginal literacy skills); and

• Standardize the placement of tireplacards on the B-pillar.

VI. Agency Proposal

A. Summary of Proposal

The agency is proposing a singlestandard for light vehicle tires, FMVSSNo. 139, New Pneumatic Tires for LightVehicles, which would contain revisedversions of the existing labeling

requirements that address the followingaspects of tire and vehicle labeling: Tiremarkings, the Tire IdentificationNumber (TIN), vehicle placard contentand format, placard location, andowner’s manual information. Thestandard would require tires forpassenger cars, multipurpose passengervehicles, trucks, buses and trailers witha gross vehicle weight rating (GVWR) of4,536 (10,000 pounds) or less,manufactured on or after November 1,2003, to comply with the labelingrequirements.21 The proposedrequirements are summarized below.

NHTSA proposes that the TIN, sizedesignation, maximum permissibleinflation pressure, and maximum loadrating be placed on both sides of lightvehicle tires. Requiring the TIN and sizedesignation to be on both sides wouldensure that that information would beon the sidewall facing outward,regardless of how the tire is mounted.Requiring that the other items ofinformation be on both sidewalls wouldaid consumers in properly maintainingtheir tires and loading their vehicles.

NHTSA is proposing two changes tothe TIN. First, the agency proposes torequire a reordering of information inthe TIN so that the first six characterswould contain the information requiredfor determining whether a particular tireis subject to a recall. The first twocharacters would reflect the plant code,and the next four characters wouldreflect the date code. Second, the agencyproposes to require that each characterbe 6 mm (1⁄4″) high. The agency believesthat a requirement for a uniform TINfont size would significantly improvethe readability of the TIN.

The agency proposes four sets ofrevisions for the presentation of tireinflation pressure and load limitinformation on the vehicle placardrequired for passenger cars by S4.3 of§ 571.110 and to be required for all lightvehicles with a GVWR of 10,000 poundsor less under this proposal.22 Thisplacard, permanently affixed to theglove compartment door or an equallyaccessible location, currently displaysthe vehicle capacity weight, the

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23 (a) Vehicle capacity weight expressed as ‘‘THECOMBINED WEIGHT OF OCCUPANTS ANDCARGO SHOULD NEVER EXCEED XXX POUNDS’’;

(b) Designated seating capacity (expressed interms of total number of occupants and in terms ofoccupant for each seat location);

(c) Vehicle manufacturer’s recommended coldtire inflation pressure;

(d) Tire size designation for the tire installed asoriginal equipment on the vehicle by the vehiclemanufacturer; and

(e) ‘‘SEE OWNER’S MANUAL FOR ADDITIONALINFORMATION’’.

24 The agency anticipates that the proposedrequirements of FMVSS No. 139, including thelabeling revisions discussed here and theperformance requirements and testing procedures tobe proposed in a forthcoming rulemaking, ifadopted, would supersede the requirements ofFMVSS No. 109. The deletion of FMVSS No. 109will be discussed further in the forthcomingproposal.

designated seating capacity (expressedin terms of total number of occupantsand in terms of occupants for each seatlocation), the vehicle manufacturer’srecommended cold tire inflationpressure for maximum loaded vehicleweight, and the manufacturer’srecommended tire size designation.

First, the agency proposes that tireinflation pressure information would bevisually separated by a red coloredborder on the existing vehicle placardor, alternatively, be placed on a separatetire inflation pressure label. The vehicleplacard would contain only theinformation specified in the proposedversion of S4.3 (paragraphs (a)–(e)).23

This information could not be combinedwith other labeling or certificationrequirements. The vehicle placardwould also have to meet the proposedcolor and content requirements asdiscussed below.

Second, the agency also proposes thatthe tire inflation pressure label andvehicle placard meet the following threerequirements: (1) The tire inflationpressure information would be incolor—red, yellow, and black on a whitebackground, (2) contain a black andwhite tire symbol icon in the upper leftcorner, 13 millimeters (.51 inches) wideand 14 millimeters (.55 inches) tall/high, and 3) include the phrases ‘‘TireInformation’’ and ‘‘See Owner’s ManualFor Additional Information’’ in yellowtext on a black background.

Third, the agency proposes to replacethe vehicle capacity weight statementon the vehicle placard with thefollowing sentence: ‘‘[t]he combinedweight of occupants and cargo shouldnever exceed XXX pounds.’’ The ‘‘XXX’’amount would equal the ‘‘vehiclecapacity weight’’ of the vehicle asdefined in FMVSS No. 110. Theinformation is the same as that currentlyrequired to be placed on the vehicleplacard by manufacturers. However, theagency believes that the statement ‘‘thecombined weight of occupants andcargo should never exceed * * *’’ iseasier for consumers to comprehendthan a technical phrase such as ‘‘vehiclecapacity weight.’’ ‘‘Vehicle capacityweight’’ is not intuitive to consumersand it requires a vehicle operator to look

to the owner’s manual or standard tounderstand which factors are includedin the calculation of the sum on theplacard.

Fourth, the agency proposes toreplace the vehicle’s recommended tiresize designation with the tire sizedesignation for the tire installed asoriginal equipment on the vehicle by thevehicle manufacturer. While in mostinstances these two numbers would beidentical, this minor revision insuresthat the consumer is provided with thecorrect tire inflation pressureinformation for the tire size actuallyinstalled on his vehicle as originalequipment by the vehicle manufacturer.

We are proposing these placardchanges in response to survey datawhich indicate that consumers needassistance in locating recommended tirepressures for their vehicle’s tires andunderstanding load limits. The use ofcolors and a visual cue, such as a tiresymbol icon, would aid drivers innoticing and locating this imperativeinformation. By expressing the vehicle’sload limit in easily recognizable termssuch as ‘‘passenger and cargo weight’’,as opposed to ‘‘vehicle capacity weight’’the proposed placard revisions wouldalso aid consumers in understandingand adhering to load limit guidelines.

The agency proposes that the placardand/or label containing tire inflationpressure be located on the driver’s sideB-pillar. If a vehicle does not have a B-pillar, then the placard and/or labelwould be placed on the edge of thedriver’s door. Currently, S4.3 of§ 571.110 specifies that the vehicleplacard be affixed to the glovecompartment door or an equallyaccessible location. A standardizedlocation for tire information placardsand labels would contribute toconsumer awareness of recommendedtire inflation pressures and load limits.

The agency proposes that owner’smanuals for light vehicles containdiscussion of the following five subjectareas: (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 proposedrequired information for the tires andtire safety information listed abovewould aid consumers by providing theinformation that they need to properlymaintain their tires and adhere torecommended load limits.

B. ApplicabilityThe proposed FMVSS No. 139 and its

labeling revisions would apply, exceptwhere noted, to new pneumatic tires foruse on motor vehicles with a GVWR of10,000 pounds or less, manufactured

after 1975, except for motorcycles andLSVs, and for new motor vehicles witha GVWR or 10,000 pounds or lessmanufactured after September 1, 2003.24

Given the increasing consumerpreference for light truck use forpassenger purposes, the agency isproposing that the safety requirementsfor passenger car tires also be madeapplicable to LT tires (load C, D, E) usedon light trucks. Further, LT tires areincreasingly used in the same type ofon-road service as P-metric tires on lightvehicles. Recent sales data for heaviertrucks indicate that the use of these tireson passenger vehicles will continue toincrease in the near future.

NHTSA is not proposing to requirethat FMVSS No. 139 apply tomotorcycle tires because motorcycletires are of a design and constructionunlike the types of vehicle tires thatwould be subject to the proposedstandard. Further, the agency iscurrently not aware of any consumerinformation concerns or problemsassociated with motorcycle tires. Forsimilar reasons, NHTSA is also notproposing to require that the newstandard be applicable to tires beyondload range E, which are typically usedon medium (10,000–26,000 lbs. GVWR)and heavy vehicles (greater than 26,001lbs. GVWR), and temporary spare tires.

To maintain consistent labelingrequirements for all tires for use on lightvehicles, the proposed labelingrequirements would also be applicableto retreaded pneumatic passenger cartires and new non-pneumatic tires forpassenger cars. More specifically,FMVSS No. 117, which specifiesrequirements for retreaded pneumaticpassenger tires and FMVSS No. 129,which specifies performancerequirements for new non-pneumatictires for passenger cars would be revisedto include the proposed labelingrequirements.

C. Proposed Labeling Requirements

1. Tire MarkingsNHTSA proposes that all labeling

information specified under S4.3 ofFMVSS No. 109, including the TIN, beplaced on both sides of light vehicletires except for that information cited inparagraphs (d), (e), (f) and (g) of S4.3.The required information in theseparagraphs (generic name of cord

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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 andtire type information only be present onone sidewall would reduce thestringency of FMVSS No. 119 whichcurrently requires that light truck andMPV tires display the information onboth sidewalls.

Comments to the docket in responseto the ANPRM questions concerningplacement of the TIN expressed a rangeof different viewpoints. Mostcommenters stated that placing the TINon the outside wall of the tire was adesirable requirement. Further, manyrespondents also supported putting theTIN on both sides of the tire to ensurethat it would be visible on the outboardtire wall, as well as the inside tire wallwhere there is a lesser chance of it beingscuffed off of the tire. However, severaltire industry respondents did notsupport putting the TIN on both sides ofthe tire because of manufacturing costsand safety issues.

The recent Firestone recallhighlighted the difficulty thatconsumers have in identifying recalledtires when tires are mounted so that theTIN is located on the sidewall facinginwards. Improved access to the TINwould greatly enhance the consumers’ability to determine if their tires havebeen recalled.

Consumer commenters and focusgroup participants also said that othertire labeling information, such as size,speed rating, load rating and maximumpressure, should also be required onboth sides of the tire to ensure that it isreadily visible to consumers.

With regard to the number of pliesand generic name of cord material usedin the plies, most respondents believedthat information to be of limited safetyvalue to consumers and suggested itsremoval from the sidewall. The ITRAexpressed the view that the cord and plymaterial is very important to the tireretread, repair and recycling industriesbecause this information enables

consumers and industry professionals todetermine the level of risk wheninflating, repairing, retreading orservicing a specific tire. NHTSAbelieves that it is sufficient to requirethat this information appear on onesidewall. There is no known advantagethat would arise from requiring thisinformation on both sides of the tire.

Several tire manufacturer associationcommenters objected to requiring a tiremanufacturer to mark the TIN on bothtire sidewalls because they believe thatthis continues to present workers witha serious potential safety hazard. Asdiscussed above, the agency learnedduring prior rulemaking efforts (45 FR82293, December 15, 1980) thatchanging the TIN number plates in thetire molds would not presentinsurmountable safety problems.NHTSA believes that advances in tiremanufacturing technology, such asremovable stencil plates, have allowedfor a significant reduction in the safetyhazards associated with themanufacturing process by enablingworkers to change labeling informationon the molds outside of the tire press (Atire press generally works like a clamshell). Further, the costs associated withchanging molds to implement thisrequirement are not considered to beonerous as discussed in the Costssection of this document. Additionally,the tire manufacturers’ suggestion thatthe TIN be placed on the intendedfacing sidewall of the tire is notpracticable because the vast majority oftires produced are reversible, notasymmetrical.

Requiring that the tire informationspecified above be placed on both sidesof light vehicle tires would provideconsumers with readily accessible recallinformation, without creating significantadditional costs to tire manufacturers,and would ensure that the retread,repair and service industries continue tobe provided with necessary recallinformation. Reducing the amount ofinformation required to be placed onboth sides of light truck tires would also

result in cost savings to manufacturersthat would offset some of the increasedcosts resulting to changes to the TIN andthe labeling of passenger car tires.

Several commenters suggested addingadditional information to the tiresidewall, e.g., load index values,specifying what the digits of the TINrepresent, a marking requirementdirecting the vehicle operator to use theinformation contained on the vehicleplacard, a marking requirement for run-flat and extended mobility tirecapability, and a warning stating:‘‘replace tire when worn to indicator.’’NHTSA believes that these suggestionsare not feasible. As run-flat tires andhigh performance low-profile tires aredeveloped and become more common,tire diameters will increase withconsequent decrease in sidewallheights. That means that reserving theever-decreasing space on tire sidewallsfor displaying necessary and requiredinformation will become even moreimportant in the future. Other suggestedtire labeling, such as load index values,are not intuitive to consumers andwould require the vehicle operator toseek out reference materials and/orwould require the agency to requiremore information to be added to thealready crowded vehicle placard.NHTSA believes the items,explanations, and warnings suggestedby the commenters would be better andmore effectively addressed throughconsumer information campaigns ratherthan through requirements foradditional in-vehicle and on-vehicleinformation.

2. TIN

The agency proposes two revisions tothe TIN: (1) Require that the first sixcharacters of the TIN to contain thefollowing information: The first twocharacters would reflect the plant code,and the next four characters wouldreflect the date code, and (2) require 6mm (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

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25 FMVSS No. 120 currently requires that eachmotor vehicle other than a passenger car show, onthe label required by § 567.4, or on a tireinformation label (S5.3.2(b)), the recommended tiresize designation appropriate for the GAWR, the tiresize and type designation of rims appropriate forthose tires, and the recommended cold inflationpressure for those tires such that the sum of theload ratings on the tires on each axle (when thetire’s load carrying capacity at the specifiedpressure is reduced by dividing 1.10, in the case ofa tire subject to FMVSS No. 109, i.e., a passengercar tire) is appropriate for the GAWR.

Currently, the plant code resides in thefirst two digits of the TIN and the dateof manufacture resides in the ninththrough twelfth digits of the TIN. Thesetwo required sets of information areseparated by optional and tire sizeinformation that reside in the thirdthrough eighth digits in the TIN. Theoptional information is only useful tothe tire manufacturer and the tire sizeinformation is already labeled elsewhereon the tire.

The commenters on the ANPRM andthe focus groups expressed consistentsupport for making the TIN more user-friendly and readable. To that end, thefirst proposed revision to the TINreorders the sequence of the TINcharacters to require that the first sixnumbers be those that are necessary foridentifying recalled tires (i.e., the plantcode and the date code). Since the tiresize is required to be labeled elsewhereon the tire under another provision, therequirement for including the tire sizecode in TIN would be deleted. Theproposed revisions to the sequence ofinformation in the TIN would make theTIN easier for consumers to read andunderstand for recall and otherpurposes.

The second proposal, which wouldrequire a 6 mm (1⁄4″) uniform height fontsize, would enhance the readability ofthe of the TIN. Currently, 574.5 requiresthe characters in the TIN, except forthose in the fourth grouping, to be aminimum height of 1⁄4″. The charactersin the fourth grouping are presentlyrequired to have a minimum height of5⁄32″.

In previous rulemakings andcomments to the ANPRM, consumergroup commenters have suggested that 4mm was not a sufficient font size for theTIN, particularly for individuals withvisual impairment. Comments on theANPRM and from the focus groupsconcerning the readability of the TINdid not specify a particular font size.

The agency believes that a uniform 6mm TIN font height is a moreappropriate size for information that iscritical in the event of a recall. Thelarger size will make the TIN easier toread, without imposing a significantburden on tire manufacturers. 6 mm isapproximately the equivalent of TimesNew Roman font size 20 in Windows2000. While 6 mm would be theminimum required font size, there is norestriction that would prevent tiremanufacturers from using a larger fontsize for the TIN characters. The agencyrequests comments on the readability ofa 6 mm font size for the TIN characters.Please be specific in your response andprovide a basis for your answer.

3. Vehicle Placard Content and FormatThe agency proposes four sets of

revisions for the presentation of tireinflation pressure and vehicle placardinformation. This placard, permanentlyaffixed to the glove compartment dooror an equally accessible location onpassenger cars and to be required for alllight vehicles with a GVWR of 10,000pounds or less under this proposal,25

currently displays the vehicle capacityweight, the designated seating capacity(expressed in terms of total number ofoccupants and in terms of occupants foreach seat location), the vehiclemanufacturer’s recommended cold tireinflation pressure for maximum loadedvehicle weight, and the manufacturer’srecommended tire size designation.

First, the agency proposes that tireinflation pressure information would bevisually separated from the otherinformation by a red colored border onthe existing vehicle placard 13 requiredby S4.3 of § 571.110 or, alternatively, beplaced on a separate tire inflationpressure label. The vehicle placardwould contain only the informationrequired by S4.3 of 571.110, could notbe combined with information orstatements required by other labeling orcertification requirements, and wouldmeet the proposed color and contentrequirements as described below.

Second, the agency also proposes thatif a vehicle manufacturer uses theseparate tire inflation pressure label,that label must meet the following threerequirements: (1) the tire inflationpressure information on the placardwould be in color—red, yellow, andblack on a white background—asillustrated in Figures 3 & 4 below, (2)contain a black and white tire symbolicon that is in the upper left corner ofthe placard, and is 13 millimeters (.51inches) wide and 14 millimeters (.55inches) (see Figures 3 & 4 below), and(3) the label and placard would bothinclude the phrases ‘‘Tire Information’’and ‘‘See Owner’s Manual ForAdditional Information,’’ in yellow texton a black background as illustrated inFigures 3 and 4 below. If, alternatively,the manufacturer uses the separate tireinflation pressure label, that label mustmeet those three requirements.

Third, the ‘‘vehicle capacity weight’’statement on the vehicle placard wouldbe replaced by the following statement:‘‘[t]he combined weight of occupantsand cargo should never exceed XXXpounds.’’ The ‘‘XXX’’ amount wouldequal the vehicle capacity weight of thevehicle as defined in FMVSS No. 110.The information is the same as thatcurrently required to be placed on thevehicle placard by manufacturers.However, the agency believes that thestatement ‘‘the combined weight ofoccupants and cargo should neverexceed * * *’’ is easier for consumersto comprehend than a technical phrasesuch as ‘‘vehicle capacity weight,’’which is not intuitive to consumers. Tounderstand the term ‘‘vehicle capacityweight’’, a driver must look through theowner’s manual for an explanation ofhow that weight is calculated and whatsignificance that weight has for the safeoperation of his or her vehicle.

Fourth, the agency proposes toreplace the vehicle’s recommended tiresize designation with the tire sizedesignation for the tire installed asoriginal equipment on the vehicle by thevehicle manufacturer. While in mostinstances these two numbers would beidentical, this minor revision insuresthat the consumer is provided with thecorrect tire inflation pressureinformation for the tire size actuallyinstalled on his vehicle as originalequipment by the vehicle manufacturer.The agency considered adding arequirement for the vehiclemanufacturer to label all recommendedoptional tire size designations on thevehicle placard and/or tire inflationpressure label. While this considerationwould provide recommended tireinflation pressure information forconsumers who opt to replace factoryinstalled tire sizes with optional tiresizes, we have tentatively concludedthat this is not a feasible requirement forthree reasons. First, most light vehiclesare equipped with original equipmentand replacement tires having the sametire size designation as those tiresinstalled by the vehicle manufacturer.Second, consumers are typically notfamiliar with or cognizant of the size ofthe tires on their vehicles. A listing ofmore than one tire size designation andrecommended tire inflation pressurewould require the vehicle operator toseek out the tire size designation on thevehicle’s tires. Third, listing more thanone tire size designation andrecommended inflation pressure wouldrequire more information to be added tothe already crowded vehicle placard.The agency believes that requiring avehicle operator to take an extra step to

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properly inflate his tire and potentiallyovercrowding the vehicle placard and/or tire inflation pressure label withinformation would discourage use of

tire inflation pressure information onthe placard and/or the label.

The following are samples of theproposed vehicle placard and tireinflation pressure label:BILLING CODE 4910–59–P

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As discussed above, survey dataindicate that most individuals areunaware of the existence and/orlocation of the tire inflation pressureand load limit information placards.Surveys also confirm that maximum tirepressure is often confused withrecommended inflation pressure.Surveys have not addressed load limitissues, but the results from NHTSA’sfocus groups and comments received inresponse to the ANPRM indicate thatconsumers are unaware of that theselimits exist, where they are located, andhow to use them.

NHTSA’s focus groups tested differentversions of existing and proposed tireplacards to help determine the mosteffective way of attracting the attentionof consumers to this information andmaking it more understandable to them.In response to the testing, focus groupparticipants overwhelmingly preferredcolor formats with contrasting colors,e.g., yellow on black, instead of blackand white formats because the colorattracted their attention and aided intheir comprehension of the material.Participants also strongly believed thata visual cue, such as a tire symbol icon,would aid drivers in identifying andlocating this imperative information.

Based on the comments to theANPRM and the focus group results,NHTSA also recognizes that consumersneed assistance in understanding loadlimits and how inflation pressure affectsthe load carrying capacity for theirvehicle and in determining the totalload limit in pounds for their vehicle.For instance, by replacing the technicalterm ‘‘vehicle capacity weight’’ on theplacard with a sentence containingeasily understandable terms such as‘‘passenger weight’’ and ‘‘cargo weight’’,the proposed placard revisions shouldalso aid consumers in locating andadhering to recommended load limitguidelines as well as recommendedinflation pressures.

4. Placard LocationThe agency proposes that the vehicle

placard and tire inflation pressure labelbe located on the driver’s side B-pillar.If a vehicle does not have a B-pillar,then the placard and label would beplaced on the edge of the driver’s door.The tire inflation pressure label wouldbe placed proximate to the vehicleplacard. There would be no prohibitionon placing additional tire inflationpressure labels on the vehicle inlocations other than the B-pillar, exceptas precluded by other safety standards.

Currently, S4.3 of 571.110 specifiesthat the vehicle placard be affixed to theglove compartment door or an equallyaccessible location. NHTSA’s focus

group results indicate that manyconsumers are unaware of the existenceof and or location of tire inflationpressure and load limit information.Participants in the focus groups noted astrong preference for one standardizedlocation for the placard. Both the focusgroup participants and commenters onthe ANPRM cited the B-pillar, followedby the driver’s door edge, as the mostpreferable locations for the placard. Astandardized location for tireinformation placards would contributeto consumer awareness of recommendedtire inflation pressure and load limits byproviding a consistent and predictableplace for this information.

5. Owner’s Manual

The agency proposes that owner’smanuals for light vehicles containdiscussion of the following five subjectareas:

1. Tire labeling, including adescription and explanation of

(a) each marking on the tire,(b) locating information that will aid

consumers in identifying tires subject toa recall campaign, and

(c) the TIN;2. Recommended tire inflation

pressure, including a description andexplanation of

(a) recommended cold tire inflationpressure,

(b) the vehicle placard and tireinflation pressure label required inFederal Motor Vehicle Safety StandardNo. 110 and their location in thevehicle,

(c) the adverse safety consequences ofunderinflation (including tire failure),and

(d) measuring and adjusting airpressure to achieve proper inflation;

3. Glossary of tire terminology,including ‘‘cold tire pressure,’’‘‘maximum inflation pressure,’’ and‘‘recommended inflation pressure,’’ andall non-technical terms defined in S3 ofFMVSS Nos. 110 & 139;

4. Tire care, including maintenanceand safety practices; and

5. Vehicle load limits, including adescription and explanation of

(a) locating and understanding loadlimit information, total load capacity,seating capacity, towing capacity, andcargo capacity,

(b) calculating total and cargo loadcapacities with varying seatingconfigurations including quantitativeexamples showing/illustrating how thevehicle’s cargo and luggage capacitydecreases as the combined number and/or size of occupants increases,

(c) determining compatibility of tireand load capabilities,

(d) the adverse safety consequences ofoverloading on handling and stoppingand on tires, and

(e) when to use either therecommended inflation pressure or ahigher pressure (up to the maximuminflation pressure) based on the amountof load being carried by the tires. Thisinflation pressure and load limitinformation could, for example, beprovided on an insert in the followingformat:

Figure 5.—Locating and UnderstandingLoad Limit Information

Steps for Determining Correct Load Limit(1) Locate the statement ‘‘The combined

weight of occupants and cargo shouldnever exceed XXX pounds’’ on your ve-hicle’s placard.

(2) Determine the combined weight of thepassengers that will be riding in yourvehicle.

(3) Subtract the combined weight of thepassengers from XXX pounds.

(4) The resulting figure equals the avail-able amount of cargo and luggage loadcapacity. For example, if the ‘‘XXX’’amount equals 1500 lbs. and there willbe 5–150 lb passengers in your vehicle,the amount of available cargo and lug-gage load capacity is 750 lbs. (1500 ¥750 (5 × 150) = 750 lbs.)

(5) Determine the combined weight of lug-gage and cargo being loaded on the ve-hicle. That weight may not safely ex-ceed the available cargo and luggageload capacity calculated in Step 4.

(6) If your vehicle will be towing a trailer,load from your trailer will be trans-ferred to your vehicle. Consult thismanual to determine how this may re-duce the available cargo and luggageload capacity of your vehicle.

(7) A higher inflation pressure (up to themaximum inflation pressure) may benecessary to carry safely the combinedweight of the passengers, cargo and lug-gage being carried in your vehicle. Con-sult this manual to determine whether ahigher inflation pressure is necessary.

The agency requests comments onwhether the statements in Figure 5should be required to be includedverbatim in owner’s manual and on howto make those statements as vehicleowner friendly as possible.

Some commenters on the ANPRMindicated that a majority of consumersrarely consult the owner’s manual orhave knowledge of the information thatit contains. Commenters and focusgroup participants, however, agreed thatthe owner’s manual should be a primarysource of information for vehicle ownersand, in particular, is a good location forgeneral tire safety information. Asdiscussed earlier in this document,survey research indicates that asignificant minority of participants, up

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26 Vehicle normal load on the tire means that loadon an individual tire that is determined bydistributing to each axle its share of the curbweight, accessory weight, and normal occupantweight and dividing by 2.

27 This, under the proposed high speed test,would ensure at least a 15 percent load reserve(high speed test load proposed is 85 percent) whenthe vehicle is operated at normal load.

28 FMVSS No. 119 does not contain a requirementthat the maximum permissible inflation pressure belabeled on new pneumatic tires for vehicles otherthan passenger cars.

29 The speed rating of a tire is generally indicatedon the tire although not required by either FMVSSNos. 109 and 119.

to 45 percent in some surveys, cites theowner’s manual as the best source ofinformation concerning proper tireinflation pressure.

The agency’s review of a limitednumber of owner’s manuals revealedthat the amount and type of informationprovided in these documents varieswidely. Based on this observation, aswell as the ANPRM comments andfocus group results, the agency believesthat a single, reliable source containingthe proposed required information forthe tires and tire safety informationlisted above would aid consumers inproperly maintaining their tires andadhering to load limits.

C. Other Issues

1. FMVSS Nos. 110 and 120The purpose of FMVSS Nos. 110 and

120 is to provide safe operationalperformance by ensuring that vehiclesto which they apply are equipped withtires of adequate load rating and rims ofappropriate size and type designation.FMVSS No. 110 currently applies topassenger cars and FMVSS No. 120currently applies to vehicles other thanpassenger cars including motorcyclesand trailers.

The agency proposes that FMVSSNos. 110 and 120 be revised tocorrespond with the applicability of thenew light vehicle tire standard. FMVSSNo. 110 would include passenger carsand other light vehicles with a GVWRof 10,000 pounds or less. Therefore,most SUVs, vans, trailers, and pickuptrucks would be required to complywith the same tire selection and rimrequirements as passenger cars. FMVSSNo. 120 will continue to apply tovehicles over 10,000 pounds GVWR andmotorcycles.

Most current requirements of FMVSSNo. 110 would be retained, includingS4.2.2, which establishes a linkagebetween the vehicle normal load 26 andthe load specified for the high-speed testin FMVSS No. 109.27 S4.2.2 will beextended to cover SUVs, vans, trailers,and pickup trucks for the first time,which means that P-metric and LT tiresused on these vehicles will have a loadreserve similar to P-metric tires used onpassenger cars.

The proposal also would extendS4.4.1(b) of FMVSS No. 110, whichrequires that each rim shall retain a

deflated tire in the event of a rapid lossof inflation pressure from a vehiclespeed of 97 km/h until the vehicle isstopped with a controlled brakingoperation, to light trucks and vans forthe first time.

2. Rim Size and Type Designation forLight Trucks and MultipurposePassenger Vehicles

Currently, the rim size and typedesignation label informationrequirements for light trucks andmultipurpose passenger vehicles(MPVs) (which include SUVs) arespecified in S5.3.2 of FMVSS No. 120.Light trucks and MPVs, unlikepassenger cars, may be outfitted withdifferent sized rims which wouldrequire different size tires andrecommended inflation pressures forthose tires. Under this proposal, the rimsize and designation label requirementon the certification label would beadded to FMVSS No. 110 for all lightvehicles to which FMVSS No. 120 ispresently applicable. Rim informationwould not, however, appear on theproposed vehicle placard or tireinflation pressure label.

3. Maximum Permissible InflationPressure

The agency is not proposing toremove or to revise the requirement forthe maximum permissible inflationpressure marking on the tire, except toextend this requirement to tires for useon all light vehicles with a GVWR of10,000 pounds or less, except LSVs andmotorcycles.28

Commenters on the ANPRM andsurvey data noted thatmisunderstanding as to the meaning ofmaximum permissible inflation pressuredoes exist among consumers.Consumers often confuse the maximumpermissible inflation pressure labeledon the tire for the recommendedinflation pressure labeled on the vehicleplacard. Nevertheless, most commentersdid not recommend deleting thislabeling requirement. Severalcommenters to the docket suggestedadding information to the tire todistinguish the maximum permissibleinflation pressure from therecommended inflation pressure.However, most expressed the view thatimproved consumer information wouldbe the most effective means to correctthe misunderstanding. The agencybelieves that it would be less effectiveto require tire manufacturers to addadditional language to the sidewall to

clarify the distinction betweenmaximum inflation pressure andrecommended inflation pressure.Sidewalls are becoming progressivelysmaller with the advent of low profiletires and requiring additionalinformation in this already crowdedspace could cause greater consumerconfusion.

Several commenters and focus groupparticipants also noted that themaximum inflation pressure provides afailsafe guideline for tire inflation. Theagency concurs that the greatestlikelihood of tire failure results fromunderinflation. Additionally, theinflating of tires to the maximuminflation pressure while ‘‘warm’’ (i.e.,after being driven for any amount oftime) will most likely result in the tiresbeing inflated to an amount below themaximum inflation pressure because thewarm tire will register a higher inflationpressure than when the tire is measuredwhen ‘‘cold’’ (not driven for at leastthree hours).

The agency also anticipates thatimprovements in the tire placard,standardizing the placard location, andan expanded consumer informationprogram would reduce the number ofconsumers who mistake the maximuminflation pressure for the recommendedinflation pressure.

4. UTQGS

Several commenters on the ANPRMquestioned the utility of the UTQGSratings to consumers and suggested thatthey be repealed. Other commentersrecommended extending theapplicability of UTQGS to additionalcategories of tires, e.g., mud and snow.One commenter suggested thattemperature grades could be eliminatedsince they are redundant with speedrating information.29 Since the TREADAct imposed an 18-month deadline onthis rulemaking, the agency does nothave sufficient time to study andanalyze the issues involved withproposing revisions to the UTQGS.Additionally, the UTQGS is statutorilymandated (see 49 U.S.C. 30123(b). Theagency, in a future rulemaking, maypropose to revise some or all of thegrading requirements in Part 575.104,Uniform Tire Quality GradingStandards.

5. Consumer Information Campaign

In conjunction with the proposalsdiscussed above and in response to theTREAD Act, the agency is alsolaunching a consumer information

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30 Under these regulations, the speed-categorysymbol and the load index are to be placed togethernear the size designation. For example, the sidewallwould contain the size designation ‘‘PS15/65R1589H’’ where ‘‘H’’ is the speed-category symbol and‘‘89’’ is the load index.

campaign addressing tire safety andmaintenance. Consumer informationcampaigns are an institutionalized partof NHTSA’s statutory mandate andoperating practices. Quantifiable dataconfirming the crash reductioneffectiveness of these programs isminimal, as funding does not exist toperform the evaluations necessary toestablish this level of effectiveness.However, the successes of increased seatbelt use, greater air bag knowledge,reduced drunk driving, knowledge ofstar ratings, vastly increased NCAP website use, knowledge of rollover dangers,greater knowledge of child safety issues,and increased dissemination of thebrochures ‘‘Buying A Safer Car’’ and‘‘Buying a Safer Car For ChildPassengers’’ demonstrate that theagency’s consumer informationprograms are effective in increasingpublic awareness of safety issues and,consequently, reducing deaths andinjuries.

6. Point-of-Sale InformationThe agency, as part of this

rulemaking, does not propose to requiredealers to provide point-of-sale tireinformation. The agency does notpossess evidence that point-of-saleinformation would prove moresuccessful than consumer informationcampaigns at educating the consumerconcerning tire safety. Therefore, itcannot presently justify the additionalcosts to manufacturers and dealers ofsuch a requirement. If the agency’sconsumer information campaign provesunsuccessful at increasing the publicawareness of tire safety, the agencycould reexamine this issue in a futurerulemaking.

7. Vehicle Certification LabelsVehicle certification label

requirements, contained in part 567,would not be revised by this proposalexcept to reference the proposedFMVSS No. 110, as well as FMVSS No.120, in § 567.4 concerning tire-rimcombinations for light trucks and MPVs,and to require that the label contain thetire-rim combination installed asoriginal equipment on the vehicle by thevehicle manufacturer.

8. International HarmonizationNHTSA generally supports

international harmonization in caseswhere such harmonization is consistentwith its statutory mandate to ensuremotor vehicle safety. The tire industryhas become global in manufacturing,marketing, and sales. In 1999, domestictire manufacturers exported 22.3 millionpassenger car tires and 3.8 million lighttruck tires to foreign markets. In the

same year, the U.S. imported 45 millionpassenger car tires and 5.4 million lighttruck tires from foreign sources. It isapparent, therefore, that maximumharmonization of tire requirementswould benefit both U.S. and foreignvehicle and tire manufacturers.

At this time, however, the overallneed for safety precludes, in NHTSA’sview, the adoption of foreign orinternational labeling provisions. Thelabeling requirements contained inGTS–2000 and ECE 30 and 54 do notcontain counterparts for some of theprovisions in our current requirements,e.g., labeling of maximum permissibleinflation pressure on the tire, and in ourproposed requirements, e.g., labeling ofpassenger and cargo weight on thevehicle. Additionally, Canada’s tirelabeling provisions mirror our currentrequirements but do not contain thenovel labeling requirements proposed inthis document.

Furthermore, we believe the twolabeling requirements contained inGTS–2000 and ECE 30 and 54, speed-category symbol and load index 30, havenot been shown to communicateinformation effectively to the U.S.public.

The following chart illustrates therated speed in km/h for each speedsymbol. ‘‘ZR’’ is an open-ended speedcategory for tires with a maximumspeed capability above 240 km/h, but isalso used specifically for tires having amaximum speed capability above 300km/h.

Speedsymbol

Ratedspeed—

km/h

Speedsymbol

Ratedspeed—

km/h

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

The load index requirement in GTS–2000 and ECE Regulation Nos. 30 and54, in contrast to our currentrequirement to provide the maximumload rating on the sidewall of the tire,provides a value which is not intuitiveto consumers and would require avehicle operator to look to the owner’smanual or standard to determine theactual tire maximum load.

9. Organization of Tire LabelingInformation

Some comments on the ANPRMsuggested improving the organizationand coherency of the tire informationthat currently appears in more than sixdifferent standards and sections on tireinformation. The agency will try todevelop a simple brochure that explainsto the public what the tire informationrequirements are and what they mean.

VII. Request for Comments onParticular Issues

(1) 49 U.S.C. 30123 states: ‘‘(c)Maximum load standards. The Secretaryshall require a motor vehicle to beequipped with tires that meet maximumload standards when the vehicle isloaded with a reasonable amount ofluggage and the total number ofpassengers the vehicle is designed tocarry.’’ Should NHTSA define or specifywhat a ‘‘reasonable amount of luggage’’is for a vehicle with an occupant inevery designated seating position? Theagency requests comments on thisquestion. Please be specific in yourresponse and provide a basis for youranswer.

(2) Tire manufacturer commenterspointed to GTS–2000 and ECERegulations 30 and 54 to address issuesraised in the ANPRM. Thesecommenters generally cited decreasedcosts and increased informationconsistency as a benefit of minimizedregulatory divergence. Thesecommenters, however, did not citespecific labeling requirements in theseinternational and foreign standards anddid not discuss the safety impacts fromthe adoption of these standards. NHTSArequests comments on which, if any,labeling requirements in any foreign orinternational standard should beconsidered by NHTSA and why. Pleasebe specific in your response and providea basis for your answer.

(3) Most commenters agree thatadding additional required informationto the tire sidewall is unwarranted orchallenging due to space and readabilityconcerns. Additionally, somecommenters have indicated that certaininformation added at the option of themanufacturer, e.g., warrantyinformation, is not useful to consumers.Based on these sentiments, should theagency consider prohibiting some or allnon-required information from beinglabeled on the tire sidewalls? Please bespecific in your response and provide abasis for your answer.

VIII. Benefits

NHTSA believes that this proposalwould be effective in increasing public

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awareness of tire safety, particularly theunderstanding and maintenance ofproper tire inflation and load limits.This proposal will also enableconsumers to more easily identify theTIN and other tire information forrecalls and other notifications. Theproposal will standardize the locationand content of important informationrelating to proper inflation and loadlimits and other tire safety concerns.These measures, by increasingconsumer knowledge and awareness,should result in reduced tire failuresand tire related crashes, and thereforefewer deaths and injuries.

IX. Costs

NHTSA believes that this proposalwould result in minimal costs for tiremanufacturers. Tire labelinginformation is already required for tiresfor light vehicles. Therefore, the cost ofmolding this information should be thesame, even if the information ischanged. NHTSA estimates that theadded cost for labeling tires under thisproposal would equal $0.01 per tire orless. Since 300 million tires areproduced per year the total annual costfor the proposed tire labelingrequirements would equal $3 million($0.01 × 300 million).

NHTSA also believes that thisproposal would result in minimal costsfor vehicle manufacturers andconsumers. Vehicle placard informationis already required for passenger carsand owner’s manual information isalready required for light vehicles.Therefore, the costs of printing a new orrevised vehicle placard and/or tireinflation pressure label, the owner’smanual pages, and installation of theplacard and/or label should be minimal.The only cost would be a one time costto change production for the newvehicle placard and/or tire inflationpressure label, the application of thevehicle placard and/or tire inflationpressure label to all light vehicles, notonly passenger cars, and the newowner’s manual pages.

NHTSA estimates that the cost of anew vehicle placard or tire inflationpressure label would be $0.01 or lessper vehicle for producing the newplacard or label and $0.04 for theapplication of the new placard or label.NHTSA estimates that withapproximately 100% of light trucks,MPVs, and trailers (9 million annually)utilizing both the placard and label and30% of passenger cars (.30 × 8 million= 2.4 million) utilizing both the placardand label, the total costs for the vehicleplacard and tire inflation pressure labelproposals would equal $626,000.

For the owner’s manual information,NHTSA estimates that one time writingand editing costs would equal $12,000((8 hours labor × $30.00 per hour) x (50owner’s manuals (25 manufacturers, 2manuals each (one for passenger carsand one for light trucks, MPVs, ortrailers)))). The print and layout costsper manual are estimated at $0.10 permanual. Since 17 million light vehiclesare produced annually, the total printand layout costs for the manuals equal$1,870,000 with an overprint margin of10 percent, and the total owner’smanual costs equal $1,882,000.

Adding the total tire and vehiclemanufacturing costs together results inapproximately $5.5 million in annualcosts. The agency requests comment onthis estimate. Please be specific in yourresponse and provide a basis for youranswer.

X. Lead Time

Section 11 of the TREAD Act requiresthe agency to issue a final rule on thistire labeling proposal by June 1, 2002.Congress did not set a date by which allcovered tires and vehicles would haveto meet the improved tire informationrequirements. The agency proposes tophase-in compliance for tires accordingto the following schedule: All P-metrictires manufactured on or afterSeptember 1, 2003, and all LT tiresmanufactured on or after September 1,2004. Additionally, all light vehiclesmanufactured on or after September 1,2003 would have to comply with thefinal rule. This proposed lead timewould be consistent with the lead timeproposed for the tire performanceupgrade.

XI. Rulemaking Notices and Analyses

A. Executive Order 12866 and DOTRegulatory Policies and Procedures

NHTSA has considered the impact ofthis rulemaking action under E.O. 12866and the Department of Transportation’sregulatory policies and procedures. Thisrulemaking document was not reviewedunder E.O. 12866, ‘‘Regulatory Planningand Review.’’ This action has beendetermined to be not ‘‘significant’’under the Department ofTransportation’s regulatory policies andprocedures. The proposal is likely toresult in expenditure by tire andautomobile manufacturers ofapproximately $5.5 million in annualcosts. As explained above, NHTSAbelieves that this proposal would resultin minimal cost for manufacturers andconsumers. As this is a proposal tochange existing requirements, the onlycost would be a one-time cost to changeproduction to the new tire, vehicle

placard and/or tire inflation pressurelabel, or vehicle owner’s manual pagesand a minimal costs for installation ofthe vehicle placard and/or tire inflationpressure label to all light vehicles.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980(5 U.S.C. 601 et seq.) requires agenciesto evaluate the potential effects of theirproposed and final rules on smallbusiness, small organizations and smallgovernmental jurisdictions. I herebycertify that the proposed amendmentwould not have a significant economicimpact on a substantial number of smallentities.

The proposed rule would affect motorvehicle manufacturers and tiremanufacturers. The agency does notbelieve that any of the tiremanufacturers are small businesses.However, there are about 1,000 retreadmanufacturers in the United States, ofwhich about 750 deal with light vehicletires that will in some small way beimpacted by this rule. Most of theseretreaders are small businesses.

NHTSA estimates that there are onlyabout four small passenger car and lighttruck vehicle manufacturers in theUnited States. These manufacturersserve a niche market. The agencybelieves that small manufacturersmanufacture less than 0.1 percent oftotal U.S. passenger car and light truckproduction per year.

The agency requests commentsconcerning the economic impact of theproposed rule on retreaders and smallvehicle manufacturers.

C. National Environmental Policy Act

NHTSA has analyzed this proposal forthe purposes of the NationalEnvironmental Policy Act. The agencyhas determined that implementation ofthis action would not have anysignificant impact on the quality of thehuman environment.

D. Executive Order 13132 (Federalism)

The agency has analyzed thisrulemaking in accordance with theprinciples and criteria contained inExecutive Order 13132 and hasdetermined that it does not havesufficient federal implications towarrant consultation with State andlocal officials or the preparation of afederalism summary impact statement.The proposal would not have anysubstantial impact on the States, or onthe current Federal-State relationship,or on the current distribution of powerand responsibilities among the variouslocal officials.

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E. Unfunded Mandates Act

The Unfunded Mandates Reform Actof 1995 requires agencies to prepare awritten assessment of the costs, benefitsand other effects of proposed or finalrules that include a Federal mandatelikely to result in the expenditure byState, local or tribal governments, in theaggregate, or by the private sector, ofmore than $100 million annually(adjusted annually for inflation withbase year of 1995). Adjusting thisamount by the implicit gross domesticproduct price deflator for the year 2000results in $109 million (106.99/98.11 =1.09). The assessment may be includedin conjunction with other assessments,as it is here.

This proposal is likely to result inexpenditure by tire and automobilemanufacturers of approximately $5.5million in annual costs.

F. Civil Justice Reform

This proposal would not have anyretroactive effect. Under 49 U.S.C.21403, whenever a Federal motorvehicle safety standard is in effect, aState may not adopt or maintain a safetystandard applicable to the same aspectof performance which is not identical tothe Federal standard, except to theextent that the state requirementimposes a higher level of performanceand applies only to vehicles procuredfor the State’s use. 49 U.S.C. 21461 setsforth a procedure for judicial review offinal rules establishing, amending orrevoking Federal motor vehicle safetystandards. That section does not requiresubmission of a petition forreconsideration or other administrativeproceedings before parties may file suitin court.

G. Paperwork Reduction Act

This proposal contains the following‘‘collections of information,’’ as thatterm is defined in 5 CFR Part 1320Controlling Paperwork Burdens on thePublic:

Tire and Vehicle Placard LabelingRequirements—The Department ofTransportation is submitting thefollowing information collection requestto OMB for review and clearance underthe Paperwork Reduction Act of 1995(Pub. L. 104–13, 44 U.S.C. Chapter 35).

Agency: National Highway TrafficSafety Administration (NHTSA).

Title: Tires and Rims Labeling, andVehicle Placard Requirements.

Type of Request: Additionalcollection of information for an existingcollection.

OMB Clearance Number: 2127–0503.Affected Public: The tire-labeling

respondents are manufacturers and

retreaders of tires. The agency estimatesthat there are about 8 such new tiremanufacturers and 1200 retreadmanufacturers. The placard labelingrespondents are manufacturers of MPVscovered by FMVSS 571.120. The agencyestimates that there are 935 vehiclemanufacturers affected by thiscollection.

Estimate of the Total AnnualReporting and Record Keeping BurdenResulting from the Collection ofInformation: NHTSA estimates that thetotal annual hour burden is 111,539hours for tire labeling and 25,184 forvehicle placard requirements.

Estimated Costs: NHTSA estimatesthe total cost annual burden for tirelabeling to be $3,000,000. The estimatedtotal cost annual burden for vehicleplacards is $626,000. No additionalresources would be expended bymanufacturers to gather additionalinformation because they alreadycompile this data for their own uses.

Summary of the Collection ofInformation: The provisions of theproposed amendments herein requiringmanufacturers to provide certaininformation on both sidewalls of tires,e.g., the TIN, and certain information ona placard or label for vehicles other thanpassenger cars, e.g., vehicle capacityweight, seating capacity, for the benefitof consumers are considered to be third-party information collectionrequirements as defined by the Office ofManagement and Budget (OMB) in 5CFR part 1320.

Description of the Need for theInformation and Proposed Use of theInformation: The provisions of theproposed amendments herein requiringmanufacturers to provide certaininformation on both sidewalls of tires,e.g., the TIN, and certain information ona placard or label for vehicles other thanpassenger cars, e.g., vehicle capacityweight, seating capacity, are for thebenefit of consumers. NHTSA requestscomments on the agency’s estimates ofthe total annual hour and cost burdensresulting from this collection ofinformation. These comments must bereceived on or before February 19, 2002.

Vehicle Owner’s ManualRequirements—The Department ofTransportation is submitting thefollowing information collection requestto OMB for review and clearance underthe Paperwork Reduction Act of 1995(Pub. L. 104–13, 44 U.S.C. Chapter 35).

Agency: National Highway TrafficSafety Administration (NHTSA).

Title: Consolidated Vehicle Owner’sManual Requirements of Motor Vehiclesand Motor Vehicle Equipment.

Type of Request: Additionalcollection of information for an existingcollection.

OMB Clearance Number: 2127–0541.Affected Public: The respondents are

manufacturers of motor vehicles with agross vehicle weight rating of 10,000pounds or less, except for motorcyclesand LSVs. The agency estimates thatthere are 50 model lines for which thereare owner’s manuals. It is estimated thatabout 25 vehicle manufacturers areaffected by this collection.

Estimate of the Total AnnualReporting and Record Keeping BurdenResulting from the Collection ofInformation: NHTSA estimates that thetotal annual hour burden is 400 hoursfor this information collection.

Estimated Costs: NHTSA estimatesthe total cost annual burden for revisingthe owner’s manuals to be $1,882,000.

Summary of the Collection ofInformation: The provisions of theproposed amendments herein requiringmanufacturers to provide information inowners’ manuals explaining tire andvehicle load limit information for thebenefit of consumers are considered tobe third-party information collectionrequirements as defined by the Office ofManagement and Budget (OMB) in 5CFR part 1320.

Description of the Need for theInformation and Proposed Use of theInformation: The provisions of theproposed amendments herein requiringmanufacturers to provide information inowners’ manuals explaining tire andvehicle load limit information are forthe benefit of consumers. NHTSArequests comments on the agency’sestimates of the total annual hour andcost burdens resulting from thiscollection of information. Thesecomments must be received on or beforeFebruary 19, 2002.

H. Plain Language

Executive Order 12866 and thePresident’s memorandum of June 1,1998, require each agency to write allrules in plain language. Application ofthe principles of plain languageincludes consideration of the followingquestions:

• Have we organized the material tosuit the public’s needs?

• Are the requirements in the ruleclearly stated?

• Does the rule contain technicallanguage or jargon that isn’t clear?

• Would a different format (groupingand order of sections, use of headings,paragraphing) make the rule easier tounderstand?

• Would more (but shorter) sectionsbe better?

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• Could we improve clarity by addingtables, lists, or diagrams?

• What else could we do to make therule easier to understand?

If you have any responses to thesequestions, please include them in yourcomments on this proposal.

XII. Submission of Comments

How Can I Influence NHTSA’s Thinkingon This Proposed Rule?

In developing this proposal, we triedto address the concerns of all ourstakeholders. Your comments will helpus improve this rule. We invite you toprovide views on options we propose, tosuggest new approaches we have notconsidered, provide new data, indicatehow this proposed rule may affect you,or provide other relevant information.We welcome your views on all aspectsof this proposed rule, but requestcomments on specific issues throughoutthis document. We grouped thesespecific requests near the end of thesections in which we discuss therelevant issues. Your comments will bemost effective if you follow thesuggestions below:

• Explain your views and reasoningas clearly as possible.

• Provide solid technical and costdata to support your views.

• If you estimate potential costs,explain how you arrived at the estimate.

• Tell us which parts of the proposalyou support, as well as those withwhich you disagree.

• Provide specific examples toillustrate your concerns.

• Offer specific alternatives.• Refer your comments to specific

sections of the proposal, such as theunits or page numbers of the preamble,or the regulatory sections.

• Be sure to include the name, date,and docket number with yourcomments.

How Do I Prepare and SubmitComments?

Your comments must be written andin English. To ensure that yourcomments are correctly filed in theDocket, please include the docketnumber of this document in yourcomments.

Your comments must not be morethan 15 pages long. (49 CFR 553.21). Weestablished this limit to encourage youto write your primary comments in aconcise fashion. However, you mayattach necessary additional documentsto your comments. There is no limit onthe length of the attachments.

Please submit two copies of yourcomments, including the attachments,to Docket Management at the addressgiven above under ADDRESSES.

Comments may also be submitted tothe docket electronically by logging ontothe Dockets Management System Website at http://dms.dot.gov. Click on‘‘Help & Information’’ or ‘‘Help/Info’’ toobtain instructions for filing thedocument electronically.

How Can I Be Sure That My CommentsWere Received?

If you wish Docket Management tonotify you upon its receipt of yourcomments, enclose a self-addressed,stamped postcard in the envelopecontaining your comments. Uponreceiving your comments, DocketManagement will return the postcard bymail.

How Do I Submit Confidential BusinessInformation?

If you wish to submit any informationunder a claim of confidentiality, youshould submit three copies of yourcomplete submission, including theinformation you claim to be confidentialbusiness information, to the ChiefCounsel, NHTSA, at the address givenabove under FOR FURTHER INFORMATIONCONTACT. In addition, you shouldsubmit two copies, from which youhave deleted the claimed confidentialbusiness information, to DocketManagement at the address given aboveunder ADDRESSES. When you send acomment containing informationclaimed to be confidential businessinformation, you should include a coverletter setting forth the informationspecified in our confidential businessinformation regulation. (49 CFR part512.)

Will the Agency Consider LateComments?

We will consider all comments thatDocket Management receives before theclose of business on the commentclosing date indicated above underDATES. To the extent possible, we willalso consider comments that DocketManagement receives after that date. IfDocket Management receives a commenttoo late for us to consider it indeveloping a final rule (assuming thatone is issued), we will consider thatcomment as an informal suggestion forfuture rulemaking action.

How Can I Read the CommentsSubmitted by Other People?

You may read the comments receivedby Docket Management at the addressgiven above under ADDRESSES. Thehours of the Docket are indicated abovein the same location.

You may also see the comments onthe Internet. To read the comments onthe Internet, take the following steps:

(1) Go to the Docket ManagementSystem (DMS) Web page of theDepartment 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 four-digit docket number shown at thebeginning of this document. Example: Ifthe docket number were ‘‘NHTSA–1998–1234,’’ you would type ‘‘1234.’’After typing the docket number, click on‘‘search.’’

(4) On the next page, which containsdocket summary information for thedocket you selected, click on the desiredcomments. You may download thecomments. However, since thecomments are imaged documents,instead of word processing documents,the downloaded comments are not wordsearchable.

Please note that even after thecomment closing date, we will continueto file relevant information in theDocket as it becomes available. Further,some people may submit late comments.Accordingly, we recommend that youperiodically check the Docket for newmaterial.

XII. Proposed Regulatory Text

List of Subjects in 49 CFR Parts 567,571, 574, and 575

Certification, Consumer information,Imports, Motor vehicle safety, Motorvehicles, Rubber and rubber products,Tires.

In consideration of the foregoing, wepropose to amend 49 CFR parts 567,571, 574 and 575 as follows:

PART 567—CERTIFICATION

1. The authority citation for part 567would 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 at49 CFR 1.50.

2. Part 567 would be amended byrevising § 567.4(h)(2) as follows:

§ 567.4 Requirements for manufacturers ofmotor vehicles.

* * * * *(h) * * *(2) (For multipurpose passenger

vehicles, trucks, buses, trailers, andmotorcycles.) The manufacturer may, atits option, list more than one GVWR-GAWR-tire-rim combination on thelabel as long as the listing contains thetire-rim combination installed asoriginal equipment on the vehicle by thevehicle manufacturer and conforms incontent and format to the requirementsfor the Tire-rim-inflation information set

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forth in § 571.120, § 571.129 and§ 571.139 of this chapter.* * * * *

PART 571—FEDERAL MOTORVEHICLE SAFETY STANDARDS

3. The authority citation for part 571would continue to read as follows:

Authority: 49 U.S.C. 322, 2011, 30115,30166 and 30177; delegation of authority at49 CFR 1.50.

4. Section 571.110 would be amendedby revising its heading and S2, S4.3 andS4.3.1, by adding S4.3.2, and by addingFigure 1 and Figure 2 at the end ofSection 571.110, to read as follows:

§ 571.110 Standard No. 110—Tire selectionand rims for motor vehicles with a GVWRof 10,000 pounds or less.

* * * * *S2. Application. This standard

applies to motor vehicles with a grossvehicle weight rating (GVWR) of 10,000pounds or less, except for motorcycles,and to non-pneumatic spare tireassemblies 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 permanentlyaffixed to the B-pillar, or, if the vehicledoes not contain a B-pillar, the driversside door edge. This information shallbe in the English language, lettered inblock capitals and numerals not lessthan 2.4 millimeters high and conformin size, color, and format as set forth inFigure 1 in S4.3. At the manufacturer’soption, the information specified in

S4.3(c) and (d) may be shown,alternatively, on a tire inflation pressurelabel, and conform in size, color, andformat as set forth in Figure 2 in S4.3,permanently affixed and proximate tothe placard required by this paragraph.The information specified in S4.3(e)shall be shown on both the vehicleplacard and on any existing tireinflation pressure label in the formatand color scheme set forth in Figures 1and 2.

(a) Vehicle capacity weight expressedas ‘‘THE COMBINED WEIGHT OFOCCUPANTS AND CARGO SHOULDNEVER EXCEED XXX POUNDS’’;

(b) Designated seated capacity(expressed in terms of total number ofoccupants and number of occupants foreach seat location);

(c) Vehicle manufacturer’srecommended cold tire inflationpressure, subject to the limitations of4.3.2;

(d) Tire size designation for the tireinstalled as original equipment on thevehicle by the vehicle manufacturer;

(e) ‘‘TIRE INFORMATION’’;(f) ‘‘SEE OWNER’S MANUAL FOR

ADDITIONAL INFORMATION’’; and(g) For a vehicle equipped with a non-

pneumatic assembly, the tireidentification code with which thatassembly is labeled pursuant to therequirements of S4.3(a) of § 571.129,New Non-Pneumatic Tires for PassengerCars.

S4.3.1 Additional labelinginformation for vehicles other thanpassenger cars. Each vehicle shall showthe size designation and, if applicable,

the type designation of rims (notnecessarily those on the vehicle)appropriate for the tire appropriate foruse on that vehicle, including the tireinstalled as original equipment on thevehicle by the vehicle manufacturer,after each GAWR listed on thecertification label required by § 567.4 or§ 567.5 of this chapter. This informationshall be in the English language, letteredin block capitals and numerals not lessthan 2.4 millimeters high and in thefollowing format:

Truck Example—Suitable Tire-Rim ChoiceGVWR: 2,441 kilograms (5381 pounds)GAWR: Front—1,299 kilograms (2,864

pounds) with P265/70R16 tires, 16 x 8.0rims at 240 kPa (36 psi) cold single.

GAWR: Rear—1,142 kilograms (2,864pounds) with P265/70R16 tires, 16 x 8.00rims, at 245 kPa (36 psi) cold single.

S4.3.2 No inflation pressure otherthan the maximum permissible inflationpressure may be shown unless—

(a) It is less than the maximumpermissible inflation pressure;

(b) It is appropriate for the load limitsas calculated in accordance with S4.2;and

(c) The tire load rating specified in asubmission by an individualmanufacturer, pursuant to S4.1.1(a) of§ 571.139 or contained in one of thepublications described in S4.1.1.(b) of§ 571.139, for the tire size at thatinflation pressure is not less than thevehicle maximum load and the vehiclenormal load.* * * * *BILLING CODE 4910–59–P

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BILLING CODE 4910–59–C

5. Section 571.117 would be amendedby revising S6.3 (including removingTable 1 and the undesignated paragraphfollowing S6.3(h)), to read as follows:

§ 571.117 Standard No. 117; Retreadedpneumatic tires.

* * * * *S6. * * *S6.3. Labeling. Each retreaded tire

shall comply with the requirements ofS5.5. of § 571.139.* * * * *

6. Section 571.120 would be amendedby revising its heading, and S3 to readas follows:

§ 571.120 Standard No. 120; Tire selectionand rims for motor vehicles with a GVWRof more than 10,000 pounds.

* * * * *S3. Application. This standard

applies to motor vehicles with a grossvehicle weight rating (GVWR) of morethan 10,000 pounds and motorcycles, torims for use on those vehicles, and tonon-pneumatic spare tire assemblies foruse on those vehicles.* * * * *

7. Section 571.129 would be amendedby revising S4.3 to read as follows:

§ 571.129 Standard No. 129; New non-pneumatic tires for passenger cars.

* * * * *S4. * * *S4.3. Labeling Requirements. Each

new non-pneumatic tire shall comply

with the requirements of S5.5 of§ 571.139.* * * * *

8. Section 571.139 would be added toread as follows:

§ 571.139 Standard No. 139; Newpneumatic tires for motor vehicles with aGVWR of 10,000 pounds or less.

S1. Scope and purpose. This standardspecified tire dimensions, testrequirements, labeling requirements,and defines tire load ratings.

S2. Application. This standardapplies to new pneumatic tires for useon motor vehicles (other thanmotorcycles) that have a gross vehicleweight rating (GVWR) of 10,000 poundsor less and that were manufactured after1975.

S3. Definitions. [Reserved]

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S4. Tire and rim matchinginformation.

S4.1. Each manufacturer of tires shallensure that a listing of the rims that maybe used with each tire that it producesis provided to the public in accordancewith S4.1.1 and S4.1.2.

S4.1.1 Each rim listing for a tireshall include dimensional specificationsand a diagram of the rim and shall bein one of the following forms:

(a) Listed by manufacturer name orbrand name in a document furnished todealers of the manufacturer’s tires, toany person upon request, and induplicate to: Docket Section, NationalHighway Traffic Safety Administration,400 Seventh Street, SW, Washington,DC 20590; or

(b) Contained in publications, currentat the date of manufacture of the tire orany later date, of at least one of thefollowing 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 S4.1.1need not include dimensionalspecifications or a diagram of a rimwhose dimensional specifications anddiagram are contained in a listingpublished in accordance with paragraph(b) of S4.1.1.

S4.2. Information contained in apublication specified in S4.1(b) that listsgeneral categories of tires and rims bysize designation, type of construction,and/or intended use, shall beconsidered to be manufacturer’sinformation pursuant to S4.1 for thelisted tires, unless the publication itselfor specific information providedaccording to S4.1(a) indicates otherwise.

S5. General requirements. [Reserved]S5.5 Tire Markings. Except as

specified in paragraphs (a) through (i) ofthis S5.5, each tire shall be marked oneach sidewall with the informationspecified in S5.5 (a) through (e) and onone sidewall with the informationspecified in S5.5 (f) through (i). Themarkings shall be placed between themaximum section width and the beadon at least one sidewall, unless themaximum section width of the tire islocated in an area which is not morethan one-fourth of the distance from the

bead to the shoulder of the tire. If themaximum section width falls withinthat area, those markings shall appearbetween the bead and a point one-halfthe distance from the bead to theshoulder of the tire, on at least onesidewall. The markings shall be inletters and numerals not less than 0.078inch high and raised above or sunkbelow the tire surface not less than0.015 inch. The tire identification andDOT symbol labeling shall comply withpart 574 of this chapter.

(a) The symbol DOT, which shallconstitute a certification that the tireconforms to applicable Federal motorvehicle safety standards;

(b) The tire identification numberrequired by part 574 of this chapter;

(c) The tire size designation as listedin the documents and publicationsspecified in S4.1.1;

(d) The maximum permissibleinflation pressure;

(e) The maximum load rating;(f) The generic name of each cord

material used in the plies (both sidewalland tread area) of the tire;

(g) The actual number of plies in thesidewall, and the actual number of pliesin the tread area if different;

(h) The words ‘‘tubeless’’ or ‘‘tubetype’’ as applicable; and

(i) The word ‘‘radial’’ if the tire is aradial ply tire.

S5.5.1 Each tire shall be labeledwith the name of the manufacturer, orbrand name and number assigned to themanufacturer in the manner specified inpart 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 inflationpressure pursuant to S5.5(d) shall befollowed in parenthesis by theequivalent psi, rounded to the nexthigher whole number; and

(b) Each marking of the tire’smaximum load rating pursuant toS5.5(e) in kilograms shall be followed inparenthesis by the equivalent loadrating in pounds, rounded to the nearestwhole number.

S5.5.4 If the maximum inflationpressure of a tire is 420 kPa (60 psi), thetire shall have permanently molded intoor onto both sidewalls, in letters andnumerals not less than 1⁄2 inch high, thewords ‘‘Inflate to 60 psi’’ or ‘‘Inflate to420 kPa (60 psi).’’ On both sidewalls,the words shall be positioned in an areabetween the tire shoulder and the beadof the tire. However, in no case shall thewords be positioned on the tire so that

they are obstructed by the flange of anyrim designated for use with that tire inthis standard or in Standard No. 110(§ 571.110 of this part).

S6. Test procedures, conditions andperformance requirements. [Reserved]

S7. [Reserved]

PART 574—TIRE IDENTIFICATION ANDRECORD KEEPING

9. The authority citation for part 574would continue to read as follows:

Authority: 15 U.S.C. 1392, 1401, 1403,1407, 1411–1420, 1421; delegation ofauthority at CFR 1.50.

10. Section 574.5 would be amendedby revising paragraphs (b) and (d), andFigures 1 and 2 to read as follows:

§ 574.5 Tire identification requirements.

* * * * *(b) Second grouping. For tires

produced or retreaded on and afterSeptember 1, 2003, the second grouping,consisting of four numerical symbols,must identify the week and year ofmanufacture. The first two symbolsmust identify the week of the year byusing ‘‘01’’ for the first full calendarweek in each year, ‘‘02’’ for the secondfull calendar week, and so on. Thecalendar week runs from Sundaythrough the following Saturday. Thefinal week of each year may include notmore than 6 days of the following year.The third and fourth symbols mustidentify the year. Example: 0101 meansthe 1st week of 2001, or the weekbeginning Sunday, January 7, 2001, andending Saturday, January 13, 2001.* * * * *

(d) Fourth grouping. For new tires, thefourth group, consisting of no more than2 symbols, may be used at the option ofthe manufacturer, to identify the tiresize. For a new non-pneumatic tire or anon-pneumatic tire assembly, the fourthgroup, of not more than two symbols,shall be used to identify the non-pneumatic tire identification code. Forretreaded tires, the fourth group, of nomore than two symbols, shall identifythe retread matrix in which the tire wasprocessed or a tire size code if a matrixwas not used to process the retreadedtire. Each new tire manufacturer andretreader shall maintain a record of eachsymbol used, with the correspondingmatrix or tire size, and shall providesuch record to the NHTSA upon writtenrequest.BILLING CODE 4910–59–P

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* * * * *

PART 575—CONSUMERINFORMATION REGULATIONS

11. The authority citation for part 575would continue to read as follows:

Authority: 15 U.S.C. 322, 30111, 30115,30117, and 30166; delegation of authority atCFR 1.50.

12. Section 575.6 would be amendedby adding paragraph (a)(4) to read asfollows:

§ 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 speedvehicle, manufactured on or afterSeptember 1, 2003 is delivered to thefirst purchaser for purposes other thanresale, the manufacturer shall provide tothe purchaser, in writing in the Englishlanguage and not less than 10 pointtype, a discussion of the items specifiedin paragraphs (a)(4) (i) through (v) ofthis section in the owner’s manual, or,if there is no owner’s manual, in adocument.

(i) Tire labeling, including adescription and explanation of eachmarking on the tires provided with thevehicle, including locating the TireIdentification Number (TIN);

(ii) Recommended tire inflationpressure, including a description andexplanation of

(A) Recommended cold tire inflationpressure,

(B) The vehicle placard and tireinflation pressure label specified in

Federal Motor Vehicle Safety StandardNo. 110 and their location in thevehicle,

(C) Adverse safety consequences ofunderinflation (including tire failure),and

(D) Measuring and adjusting airpressure to achieve proper inflation;

(iii) Glossary of tire terminology,including ‘‘cold tire pressure,’’‘‘maximum inflation pressure,’’ and‘‘recommended inflation pressure,’’ andall non-technical terms defined in S3 ofFMVSS Nos. 110 & 139;

(iv) Tire care, including maintenanceand safety practices;

(v) Vehicle load limits, including adescription and explanation of

(A) Locating and understanding loadlimit information, total load capacity,seating capacity, towing capacity, andcargo capacity,

(B) Calculating total and cargo loadcapacities with varying seatingconfigurations including quantitativeexamples showing/illustrating how thevehicle’s cargo and luggage capacitydecreases as the combined number andsize of occupants increases,

(C) Determining compatibility of tireand load capabilities,

(D) Adverse safety consequences ofoverloading on handling and stoppingand on tires, and

(E) When to use either therecommended inflation pressure or ahigher inflation pressure (up to themaximum inflation pressure) based onthe amount of load being carried by thetires. This information, for example,could be provided on an insert in thefollowing format:

Steps for Determining Correct Load Limit(1) Locate the statement ‘‘The combined

weight of occupants and cargo shouldnever exceed XXX pounds’’ on your ve-hicle’s placard.

(2) Determine the combined weight of thepassengers that will be riding in yourvehicle.

(3) Subtract the combined weight of thepassengers from XXX pounds.

(4) The resulting figure equals the avail-able amount of cargo and luggage loadcapacity. For example, if the ‘‘XXX’’amount equals 1500 lbs. and there willbe 5–150 lb passengers in your vehicle,the amount of available cargo and lug-gage load capacity is 750 lbs. (1500 ¥750 (5 × 150) = 750 lbs.)

(5) Determine the combined weight of lug-gage and cargo being loaded on the ve-hicle. That weight may not safely ex-ceed the available cargo and luggageload capacity calculated in Step 4.

(6) If your vehicle will be towing a trailer,load from your trailer will be trans-ferred to your vehicle. Consult thismanual to determine how this reducesthe available cargo and luggage load ca-pacity of your vehicle.

(7) Under certain loading or driving con-ditions, a higher inflation pressure maybe required. Consult your owner’s man-ual for further information.

* * * * *

Issued: December 12, 2001.

Stephen R. Kratzke,Associate Administrator for SafetyPerformance Standards.[FR Doc. 01–30989 Filed 12–13–01; 10:40am]

BILLING CODE 4910–59–P

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