94-16112. Federal Motor Vehicle Safety Standards (FMVSS); New Pneumatic Tires  

  • [Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-16112]
    
    
    [[Page Unknown]]
    
    [Federal Register: July 5, 1994]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. 94-53, Notice 01]
    RIN No. 2127-AF19
    
     
    
    Federal Motor Vehicle Safety Standards (FMVSS); New Pneumatic 
    Tires
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation (DOT).
    
    ACTION: Notice of proposed rulemaking (NPRM).
    
    -----------------------------------------------------------------------
    
    SUMMARY: This document responds to a petition for rulemaking submitted 
    by the Japan Automobile Tire Manufacturers' Association, Inc. (JATMA), 
    and proposes to amend the labeling requirements of FMVSS No. 109, New 
    Pneumatic Tires, to permit tires that have a maximum inflation pressure 
    of 60 pounds per square inch (psi) to be labeled ``inflate to 420 kPa 
    (60 psi).'' Currently, the standard does not permit the metric unit to 
    be on the label. The proposal would aid the international harmonization 
    of standards. This notice also proposes to correct a typographical 
    error in S4.3 of the standard.
    
    DATES: Comment closing date: Comments on this notice must be received 
    on or before September 6, 1994.
        Proposed effective date: If adopted, the amendment proposed in this 
    notice would become effective 30 days after publication of the final 
    rule.
    
    ADDRESSES: Comments should refer to the docket and notice numbers shown 
    above and be submitted to: Docket Section, National Highway Traffic 
    Safety Administration, 400 Seventh Street SW., Room 5109, Washington, 
    DC 20590. Docket room hours are from 9:30 a.m. to 4:00 p.m., Monday 
    through Friday.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Larry Cook, Office of Vehicle 
    Safety Standards, National Highway Traffic Safety Administration, 400 
    Seventh Street SW., Room 5307, Washington, DC 20590. Telephone: (202) 
    366-4803.
    
    SUPPLEMENTARY INFORMATION: Standard 109 requires passenger car tires to 
    be labeled with important safety information, including tire size, 
    construction, and inflation pressure. Paragraph S4.3.5. of the standard 
    provides that if the maximum inflation pressure of a tire is 60 psi, 
    the words ``Inflate to 60 psi'' shall be molded into or onto both 
    sidewalls of the tire in letters and numerals not less than \1/2\ inch 
    high.
        JATMA submitted a petition to the agency suggesting an amendment to 
    S4.3.5. The petition, submitted on behalf of Japanese tire 
    manufacturers, suggested that S4.3.5 should require adding the words 
    ``or inflate to 420 kPa (60 psi)'' after ``Inflate to 60 psi.'' JATMA 
    stated that the maximum inflation pressure of a ``T''-type spare tire 
    is listed as 420 kilopascals (kPa) in the Tire and Rim Association, 
    Inc., Year Book, the JATMA Year Book, and in Japanese Industrial 
    Standard (JIS) D4230. JATMA indicated that, if the suggested amendment 
    were adopted by NHTSA, the amendment would simplify the manufacturing 
    processes of Japanese tire manufacturers since they would be able to 
    mark tires the same for both the Japanese and U.S. markets. NHTSA 
    granted the petition by letter dated January 7, 1994.
        This notice proposes to amend Standard No. 109 as requested by the 
    petitioner. This NPRM is consistent with the requirement of Sec. 5164 
    of the Omnibus Trade and Competitiveness Act (Pub. L. 100-418), which 
    designated the metric system as the preferred system of weights and 
    measures for U.S. trade and commerce. NHTSA believes that allowing 
    metric units on tires would further the international harmonization of 
    standards. Common sizing for all international markets would facilitate 
    the manufacture of products, and could ultimately result in 
    manufacturers selling their products at cheaper prices. NHTSA has 
    tentatively determined that the petitioner's requested metric unit on 
    tires would not confuse consumers or obscure the meaning of the 
    inflation pressure information labeled on tires. Accordingly, NHTSA 
    tentatively concludes there is no safety reason for precluding JATMA's 
    requested metric labeling.
        This notice also proposes to correct a typographical error in 
    paragraph S4.3 of FMVSS 109. The first sentence of paragraph S4.3 
    provides that each tire shall have permanently molded into or onto both 
    sidewalls the information ``shown in paragraphs (a) and (g)'' of S4.3. 
    The word ``and'' in that phrase is incorrect. NHTSA intends that all 
    the information specified in (a) through (g) be molded into or onto 
    tires, not just (a) and (g). Accordingly, NHTSA proposes to substitute 
    the word ``through'' for the word ``and'' at the end of the first 
    sentence of paragraph S4.3. The agency notes that, notwithstanding the 
    use of ``and'' in that sentence, tire manufacturers are labeling tires 
    with the information of (a) through (g). Thus, this correction would 
    not have any effect on how tires are currently labeled.
    
     Rulemaking Analyses and Notices
    
    A. Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        This notice has not been reviewed under E.O. 12866. NHTSA has 
    considered the impact of this rulemaking action and has concluded that 
    it is not significant under the DOT's regulatory policies and 
    procedures. This action would not change any of the substantive 
    requirements of Standard 109. The effect on labeling costs might be to 
    decrease such costs slightly for tire manufacturers that now convert 
    metric units on their tires to English units, or that now convert 
    English units on tires to metric units for sale overseas. However, 
    NHTSA believes the costs savings, if any, would be minimal. NHTSA has 
    concluded, therefore, that the costs of complying with the changes 
    proposed in this notice do not warrant preparation of a preliminary 
    regulatory evaluation.
    
    B. Regulatory Flexibility Act
    
        NHTSA has considered the impacts of this rulemaking action under 
    the Regulatory Flexibility Act. I hereby certify that the proposed 
    amendments would not have a significant economic impact on a 
    substantial number of small entities. Accordingly, the agency has not 
    prepared a preliminary regulatory flexibility analysis.
        The agency believes that few, if any, tire manufacturers qualify as 
    small businesses. Small businesses, small organizations and small 
    governmental units could be affected by the proposed amendments to the 
    extent that they may purchase new tires affected by these proposed 
    amendments. However, NHTSA does not believe the costs of tires would be 
    affected by this rule. Thus, these entities would not be significantly 
    affected.
    
    C. National Environmental Policy Act
    
        NHTSA has analyzed this rulemaking action for purposes of the 
    National Environmental Policy Act and has determined that 
    implementation of this action would have no significant impact on the 
    quality of the human environment.
    
    D. E.O. 12612 (Federalism)
    
        NHTSA has analyzed this proposal in accordance with the principles 
    and criteria contained in E.O. 12612 and has determined that this 
    proposal does not have sufficient federalism implications to warrant 
    preparation of a Federalism Assessment.
    
    E. Civil Justice Reform
    
        This proposed rule would not have any retroactive effect. Under 
    Sec. 103(d) of the National Traffic and Motor Vehicle Safety Act 
    (Safety Act), 15 U.S.C. Sec. 1392(d), whenever a Federal motor vehicle 
    safety standard is in effect, a state may not adopt or maintain a 
    safety standard applicable to the same aspect of performance that is 
    not identical to the Federal standard, except to the extent that the 
    state requirement imposes a higher level of performance applicable only 
    to vehicles procured for the state's own use. Section 105 of the Safety 
    Act (15 U.S.C. Sec. 1394) sets forth a procedure for judicial review of 
    final rules establishing, amending or revoking Federal motor vehicle 
    safety standards. That section does not require submission of a 
    petition for reconsideration or other administrative proceedings before 
    parties may file suit in court.
    
    Comments
    
        Interested persons are invited to submit comments on these 
    proposals. It is requested but not required that any comments be 
    submitted in 10 copies each.
        Comments must not exceed 15 pages in length (49 CFR 553.21). 
    Necessary attachments, however, may be appended to these submissions 
    without regard to the 15-page limit. This limitation is intended to 
    encourage commenters to detail their primary arguments in concise 
    fashion.
        If a commenter wishes to submit certain information under a claim 
    of confidentiality, 3 copies of the complete submission, including the 
    purportedly confidential business information, should be submitted to 
    the Chief Counsel, NHTSA, at the street address shown above, and 7 
    copies from which the purportedly confidential information has been 
    deleted should be submitted to the Docket Section. A request for 
    confidentiality should be accompanied by a cover letter setting forth 
    the information specified in 49 CFR Part 512, the agency's confidential 
    business information regulation.
        All comments received on or before the close of business on the 
    comment closing date indicated above for the proposal will be 
    considered, and will be available to the public for examination in the 
    docket at the above address both before and after the closing date. To 
    the extent possible, comments received after the closing date will be 
    considered. Comments received too late for consideration in regard to 
    the final rule will be considered as suggestions for further rulemaking 
    action. Comments on the proposal will be available for public 
    inspection in the docket. NHTSA will continue to file relevant 
    information in the docket after the closing date, and it is recommended 
    that interested persons continue to monitor the docket for new 
    material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules docket should enclose a self-addressed stamped 
    postcard in the envelope with their comments. Upon receiving the 
    comments the docket supervisor will return the postcard by mail.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
    products, and Tires.
    
        In consideration of the foregoing, 49 CFR Part 571 would be amended 
    as follows:
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        1. The authority citation for Part 571 would continue to read as 
    follows:
    
        Authority: 15 U.S.C. 1392, 1397, 1401, 1403, 1407; delegation of 
    authority at 49 CFR 1.50.
    
        2. Section 571.109 would be amended by revising the introductory 
    paragraph of S4.3 and the entire paragraph of S4.3.5 to read as 
    follows:
    
    
    Sec. 571.109   Standard No. 109, New Pneumatic Tires.
    
    * * * * *
        S4.3  Labeling Requirements. Except as provided in S4.3.1 and 
    S4.3.2, each tire shall have permanently molded into or onto both 
    sidewalls, in letters and numerals not less than 0.078 inches high, the 
    information shown in paragraphs S4.3 (a) through (g). On at least one 
    sidewall, the information shall be positioned in an area between the 
    maximum section width and bead of the tire, unless the maximum section 
    width of the tire falls between the bead and one-fourth of the distance 
    from the bead to the shoulder of the tire. For tires where the maximum 
    section width falls in that area, locate all required labeling between 
    the bead and a point one-half the distance from the bead to the 
    shoulder of the tire. However, in no case shall the information be 
    positioned on the tire so that it is obstructed by the flange or any 
    rim designated for use with that tire in Standard Nos. 109 and 110 
    (Sec. 571.109 and Sec. 571.110 of this part).
    * * * * *
        S4.3.5  If the maximum inflation pressure of a tire is 420 kPa (60 
    psi), the tire shall have permanently molded into or onto both 
    sidewalls, in letters and numerals not less than \1/2\ inch high, the 
    words ``Inflate to 60 psi'' or ``Inflate to 420 kPa (60 psi).'' On both 
    sidewalls, the words shall be positioned in an area between the tire 
    shoulder and the bead of the tire. However, in no case shall the words 
    be positioned on the tire so that they are obstructed by the flange of 
    any rim designated for use with that tire in this standard or in 
    Standard No. 110 (Sec. 571.110 of this part).
    * * * * *
        Issued on June 28, 1994.
     Barry Felrice,
    Associate Administrator for Rulemaking.
    [FR Doc. 94-16112 Filed 7-1-94; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
07/05/1994
Department:
National Highway Traffic Safety Administration
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
94-16112
Dates:
Comment closing date: Comments on this notice must be received on or before September 6, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 5, 1994, Docket No. 94-53, Notice 01
CFR: (2)
49 CFR 103(d)
49 CFR 571.109