[Federal Register: June 3, 2004 (Volume 69, Number 107)]
[Rules and Regulations]
[Page 31306-31321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn04-10]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567, 571, 574, 575, and 597
[Docket No. NHTSA-04-17917]
RIN 2127-AJ36
Tire Safety Information
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; response to petitions for reconsideration.
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SUMMARY: This document responds to petitions for reconsideration
requesting changes to the final rule published on November 18, 2002
(November 2002 final rule). That final rule adopted new and revised
tire safety information provisions in response to the Transportation
Recall Enhancement, Accountability, and Documentation (TREAD) Act of
2000. Specifically, the November 2002 final rule established a new
Federal Motor Vehicle Safety Standard requiring improved labeling of
tires to assist consumers in identifying tires that may be the subject
of a safety recall. Further, the rule required other consumer
information to increase public awareness of the importance and methods
of observing motor vehicle tire load limits and maintaining proper tire
inflation levels for the safe operation of a motor vehicle. The
November 2002 final rule applied to all new and retreaded tires for use
on vehicles with a gross vehicle weight rating (GVWR) of 10,000 pounds
or less and to all vehicles with a GVWR of 10,000 pounds or less,
except for motorcycles and low speed vehicles.
After considering the petitions and other available information,
the agency is modifying certain aspects of its November 2002 final
rule.
DATES: The final rule published at 67 FR 69600 (November 18, 2002), as
amended at 68 FR 33655 (June 5, 2003) by delaying the effective date,
and further amended at 68 FR 37981 (June 26, 2003), is further amended
by delaying the effective date from September 1, 2004, to September 1,
2005. Additionally, the amendments in this rule are effective September
1, 2005. Voluntary compliance is permitted before that time.
FOR FURTHER INFORMATION CONTACT:
For technical and policy issues: Ms. Mary Versailles, Office of
Planning and Consumer Standards. 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: George Feygin, Attorney Advisor, Office of the
Chief Counsel, NCC-20. Telephone: (202) 366-2992. Fax: (202) 366-3820.
All of these persons may be reached at the following address:
National Highway Traffic Safety Administration, 400 7th Street, SW.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of Decision
II. Background
III. Petitions for Reconsideration
IV. Discussion and Analysis
A. Tire Sidewall Labeling
1. Placement of TIN
2. Height of TIN
3. Other
a. ``Maximum permissible inflation pressure'' Requirements
b. Date Code
B. Vehicle Placard and Label
1. Content
2. Location
3. Color
4. Trailers
5. Multistage Manufacturers
6. School Buses
7. Other
C. Applicability of FMVSS No. 110 and 120
D. Effective Date
E. Conforming Amendments
V. Rulemaking Notices and Analyses
A. Executive Order 12866 and DOT Regulatory Policies and
Procedures
B. Regulatory Flexibility Act
C. National Environmental Policy Act
D. Executive Order 13132 (Federalism)
E. Unfunded Mandates Act
F. Civil Justice Reform
G. Paperwork Reduction Act
H. Privacy Act
VI. Regulatory Text
I. Summary of Decision
In response to the November 2002 final rule, which adopted new and
revised tire safety information provisions,\1\ NHTSA received petitions
for reconsideration from tire and vehicle manufacturers and
associations. These petitions addressed various aspects of the new tire
labeling and vehicle labeling requirements, including Tire
Identification Number (TIN) placement, TIN height, location of the
vehicle placard and label, content of vehicle placard, label, and
owner's manual, and the effective dates for all applicable
requirements.\2\
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\1\ For more information on the final rule subject to this
notice, please see 67 FR 69600 (November 18, 2002).
\2\ To see the of all the comments, please go to http://dms.dot.gov/
(Docket No. NHTSA-2002-13678).
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After considering the petitions and other available information,
the agency is modifying certain aspects of both, tire labeling and
vehicle labeling requirements. We are also clarifying content
requirements for the vehicle placard, label, and the owner's manual.
The following is a partial list of changes to the final rule:
Retread tires are to be excluded from requirement that
partial TIN be on the opposite sidewall from full TIN,
A barcode or identification number will be permitted on
the vehicle placard and label in a specified location,
Tire load indications, ``XL'' or ``Reinforced,'' will be
permitted to be placed on the vehicle placard and label,
On the vehicle placard and label, the ``compact spare
tire'' designation will be modified to be ``spare tire'' or ``spare,''
Use of red ink on the placard and label is clarified and
allowance is made for the use of either black text on a
[[Page 31307]]
yellow background or yellow text on a black background where currently
specified,
The chart within the Vehicle Placard of Figure 1 is re-
formatted to be identical to the chart within the Tire Inflation
Pressure Label of Figure 2,
Reference to ``occupants'' is be removed from trailer
placards and trailer owner's manuals, and
Incomplete and intermediate vehicle manufacturers are not
allowed to affix a placard to an incomplete vehicle.
This rulemaking also extends the effective date for compliance with
vehicle labeling requirements for one year. The new effective date for
the vehicle labeling requirements is September 1, 2005. The phase-in
for the tire sidewall labeling requirements will begin on September 1,
2005. Additionally, the requirement that tire manufacturers apply the
full TIN on the ``intended outboard sidewall'' is no longer subject to
the phase in schedule. Instead, the tire manufacturers may select which
sidewall will contain the full TIN until September 1, 2009, at which
time all tires will have to contain the full TIN on the ``intended
outboard sidewall.'' All other tire labeling requirements, including
the requirements for the partial TIN, will continue to be subject to
the phase-in schedule. The phase-in schedule for all tire labeling
requirements, other than full TIN on the ``intended outboard
sidewall,'' is as follows:
Between 9/1/2005 and 8/31/2006............ 40% of all tires subject to
the November 2002 final
rule must comply.
Between 9/1/2006 and 8/31/2007............ 70% of all tires subject to
the November 2002 final
rule must comply.
On September 1, 2007...................... 100% of all tires subject to
the November 2002 final
rule must comply.
II. Background
The Transportation Recall Enhancement, Accountability, and
Documentation (TREAD) Act of 2000, Pub. L. 106-414, required the agency
to address numerous matters through rulemaking. One of these matters,
set forth in section 11 of the Act, was the improvement of the labeling
of tires required by section 30123 of title 49, United States Code, to
assist consumers in identifying tires that may be the subject of a
recall.
Additionally, section 11 provided that the agency may take whatever
additional action it deemed appropriate to ensure that the public is
aware of the importance of observing motor vehicle tire load limits and
maintaining proper tire inflation levels for the safe operation of a
motor vehicle. Section 11 stated that such additional action may, for
example, include a requirement that the manufacturer of motor vehicles
provide the purchasers of the motor vehicles with information on
appropriate tire inflation levels and load limits if the agency
determined that requiring such manufacturers to provide that
information was the most appropriate way that the information can be
provided.
In response to this mandate, NHTSA issued the November 2002 final
rule establishing a single standard for light vehicle tires, FMVSS No.
139, New Pneumatic Tires for Light Vehicles.\3\ It also established
provisions for labeling requirements that address the following aspects
of tire and vehicle labeling: tire markings, the Tire Identification
Number (TIN), vehicle placard content and format, placard location, and
owner's manual information. The rule applied to all new and retreaded
tires for passenger cars, multipurpose passenger vehicles, trucks,
buses and trailers with a gross vehicle weight rating (GVWR) of 4,536
kg (10,000 pounds) or less, manufactured after 1975, and to all
passenger cars, multipurpose passenger vehicles, trucks, buses and
trailers with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000
pounds) or less.\4\ The performance-based requirements of FMVSS No.
139, and their applicability, are addressed in the final rule on tire
performance upgrade (68 FR 38116).
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\3\ Section 10 of the Transportation Recall Enhancement,
Accountability, and Documentation (TREAD) Act mandated that the
agency issue a final rule to revise and update its tire performance
standards. The performance-based requirements of FMVSS No. 139, and
their applicability, are addressed in the final rule on tire
performance upgrade (June 26, 2003; 68 FR 38116).
\4\ Therefore, this standard is applicable to LT tires up to
load range E. This load range is typically used on large SUVs, vans,
and trucks.
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In separate documents, dated June 5, 2003 (68 FR 33655), and June
26, 2003 (68 FR 37981), the agency clarified the applicability of the
November 2002 final rule and extended the mandatory compliance date of
the vehicle labeling provisions from September 1, 2003, to September 1,
2004.
III. Petitions for Reconsideration
NHTSA received petitions for reconsideration of the November 2002
final rule from the following entities: Alliance of Automobile
Manufacturers (Alliance), Volkswagen (VW), Rubber Manufacturers
Association (RMA), European Tyre and Rim Technical Organization
(ETRTO), Japan Automobile Tyre Manufacturers Association (JATMA),
Hankook Tire Co. (Hankook), Tire Industry Association (TIA), and Thomas
Built Buses (Thomas Built).
NHTSA also received untimely submissions from the National Truck
Equipment Manufacturers Association (NTEA), General Motors (GM),
National Association of Trailer Manufacturers (NATM), National Marine
Manufacturers Association (NMMA), Recreational Vehicle Industry
Association (RVIA), and JATMA (a separate submission, requesting
additional leadtime). Section 553.35 of title 49, CFR, requires that
petitions for reconsideration of a final rule be received not later
than 45 days after the publication of that rule in the Federal
Register. That section further provides that untimely petitions are
treated by the agency as petitions for rulemaking. However, untimely
petitions received in connection with the November 2002 final rule
addressed issues substantively similar to those raised by the timely
petitions and therefore, we are addressing and responding all
submissions in this document.
The petitioners raised a variety of issues, including ones relating
to the placement of the TIN, the TIN date code, the TIN height, maximum
permissible inflation pressure requirements, additions to the vehicle
placard, alternative locations of the vehicle placard, color
requirements for the vehicle placard, placard content and location for
trailers, effective dates, owner's manual information, and the
applicability of FMVSS No. 110. All issues raised in the petitions for
reconsideration are addressed in the Discussion and Analysis section
below.
IV. Discussion and Analysis
A. Tire Sidewall Labeling
1. Placement of TIN
As expressed in paragraph S5.5.1 of FMVSS No. 139, the November
2002 final rule required that the full TIN is placed on the ``intended
outboard sidewall'' of the tire, and either the full TIN or a partial
TIN, containing all aspects of the TIN except for the date code, is
placed on the opposite side. ``Intended outboard sidewall'' is defined
in FMVSS No. 139 as the sidewall that contains a whitewall, bears white
lettering, or bears manufacturer or model name molding that is higher
or deeper than that on the other sidewall of the tire. If a tire does
not have an intended outboard sidewall, the tire must be labeled with
the full TIN on one
[[Page 31308]]
sidewall and with either the full TIN or a partial TIN on the other
sidewall.
Five petitioners raised issues regarding the placement of the TIN.
JATMA argued that the agency should give tire manufacturers flexibility
in determining the placement of the full TIN. RMA asserted that the
agency should allow the full TIN to be placed on the opposite side from
the sidewall with white lettering. RMA noted that NHTSA acknowledged
that there are cost implications, technical issues, and worker safety
concerns associated with requiring a full TIN in the top half of a tire
mold. Because the ``intended outboard sidewall'' is usually in the top
half of the mold, RMA states, the only way to comply with the final
rule and eliminate work safety concerns is to ``flip'' these molds or
replace them with a new molds with the ``intended outboard sidewall''
in the bottom half of the mold. According to RMA, flipping or replacing
the molds will have significantly higher costs, $224,524,000, than
those estimated by NHTSA. Further, RMA argues that this provision of
the final rule only marginally improves the visibility of recall
information.
NHTSA is not adopting JATMA's request that the agency indefinitely
allow the tire manufacturers to place the full TIN on sidewall of their
choosing. As discussed throughout this rulemaking, requiring that the
full TIN appear on the sidewall of the tire most accessible by
consumers is the best means of ensuring that a consumer can easily
determine whether a tire is subject to recall without having to take
the vehicle to a dealer for examination. Further, enabling a consumer
to have easy access to this important recall information was a major
component of Congressional testimony on the issue of tire safety
information.
In the November 2002 final rule, the agency stated that 80% of
tires potentially subject to a ``typical'' recall could be eliminated
from the recall based on the information contained in the partial TIN.
However, we noted that the partial TIN is less useful in situations
where several manufacturing plants are involved in a recall.
Although we are not allowing manufacturers indefinite flexibility
in determining placement of the full TIN, we do acknowledge RMA's
concern associated with cost implications of replacing and flipping
molds in order to comply with full TIN requirements. As previously
discussed in the November 2002 final rule, all tire manufacturers had
indicated that current molds typically last up to five years.
Accordingly, in order to alleviate the cost burden associated with
reworking and replacing current molds, the agency has decided to
provide manufacturers with a five year lead time during which they have
the flexibility to select which sidewall of their tires will contain
the full TIN. For this five-year time period, the manufacturers may
select which sidewall will contain the full TIN. However, by September
1, 2009, all tires must feature the full TIN on the ``intended outboard
sidewall.'' We note that all other tire labeling requirements,
including the requirements for the partial TIN, will continue to be
subject to the phase-in schedule discussed above.
NHTSA believes that this action, while easing the task of
compliance, will not prove detrimental to the goal of making more tire
safety information available to consumers. The benefits from the
requirement that the partial TIN appear on the opposite sidewall of the
full TIN will be available by 2007, when 100% of tires will be required
to be manufactured with a full TIN on one sidewall and a partial TIN on
the other. The partial TIN will be helpful in allowing consumers to
determine more easily whether their tires are subject to a recall.
JATMA's petition also asked NHTSA to amend the final rule to allow
directional tires \5\ to have the full TIN placed on one sidewall and
no partial TIN on the other sidewall. JATMA argued that directional
tires do not have an intended outboard sidewall and that when the tires
are mounted in pairs in the same rotating direction, the full TIN will
always be outward on one side of the vehicle.
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\5\ Directional tires have directional tread designs (sometimes
called unidirectional tread designs). The tire is intended to rotate
in just one direction, so that certain characteristics, such as
resistance to irregular wear, wet weather handling or road feel can
be enhanced.
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We do not agree with JATMA that the partial TIN is unnecessary for
directional tires. The agency does not believe that directional tires
will always be installed in pairs on all vehicles, and that each pair
of tires will necessarily contain the same TIN. Since these tires will
not necessarily be installed in matching pairs, the TIN exposed on one
tire on one side of the vehicle, would not necessarily be indicative of
whether the tire on the other side of the vehicle would be subject to
the recall in question. Furthermore, in situations where both left side
and right side directional tires are manufactured from a single mold,
the full TIN would appear on the outboard sidewall only 50% of the
time.
Similarly, the agency considered asymmetrical tires,\6\ which when
mounted correctly, always have the intended outboard sidewall exposed.
Again however, there is a possibility that asymmetrical tires would be
mounted incorrectly, thus obscuring the only available TIN.
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\6\ Asymmetrical tires have a tread pattern design that changes
across the tire (from bead to bead), often with a change in tread
rubber compounds.
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While directional and asymmetrical tires are not very common, we
believe that a uniform requirement of a full TIN on one sidewall and a
partial TIN on the other sidewall of all tires would best advance our
goal of enabling consumers to determine whether their tires are subject
to a recall. As discussed above, we also believe that TIN should be
available on both sidewalls because we are concerned that the
directional and asymmetrical tires may be mounted incorrectly or not
necessarily in pairs. Accordingly, the agency is not adopting the
petitioner's request.
ETRTO, JATMA and Hankook requested in their petitions that the
agency amend the final rule to permit tire manufacturers to mark the
optional code of the TIN on only one side of the tire. They argued that
changing the mold to accommodate the optional code on both sides of the
tire raises the same safety concerns that arise when changing the date
code and that this additional marking incurs additional costs which
were not quantified in the rulemaking. They also asserted that
manufacturers should not be required to include the optional
information in the partial TIN even though they decided to include it
in the full TIN.
The optional code represents the third grouping of numbers, up to 4
digits, which may be added to the TIN at the option of the manufacturer
and used as a descriptive code for identifying significant
characteristics of the tire. We agree with the petitioners that since
the use of this code is optional, it should be entirely optional so
that the manufacturer can include it in either the full TIN, or the
partial TIN or in neither. The decision to make the use of this code
fully optional will not impinge on the efficacy of recall actions
because we believe that the required information in the full TIN and
partial TIN is sufficient to enable the consumer to determine whether a
given tire is subject to a recall.
TIA petitioned the agency to amend the final rule to exclude
retreaded tires from the requirement to have the TIN information on
both sidewalls and the full TIN on the ``intended outboard sidewall''
of the tire. TIA argued that the
[[Page 31309]]
main purpose of TREAD was to facilitate recalls and since retreaded
tires have never been subject to a recall, the application of new TIN
labeling provisions to retreads is unnecessary. Additionally, they
argue that consumers of retreads are more sophisticated about tire
labeling and are more likely to mount tires so that this information is
readily visible. Further, TIA stated that the molding costs for placing
the TIN on both sidewalls or on the intended outboard sidewall is
higher than NHTSA estimated for retreaders and that these costs bring
the costs of retreads closer to the costs of new tires which,
consequently, will drive many retreaders out of an already shrinking
market.
While the agency does not necessarily agree with TIA's assertions
concerning greater sophistication of retread tire users or TIA's costs
estimates, the agency does agree that the tire safety information
recall provisions of TREAD would have very little effect on consumer
information because retreads, besides being a very small part of the
light vehicle tire market, have never been involved any NHTSA recall
action. Accordingly, the agency is granting TIA's request to exclude
retread tires from the requirement to have the TIN information on both
sidewalls and the full TIN on the ``intended outboard sidewall'' of the
tire. Based on the very small market share and lack of recall history,
retread tires containing the full TIN on one, unspecified sidewall,
without additional partial TIN, should present no significant safety
concerns for consumers.
2. Height of TIN
As specified in Sec. 574.5, the November 2002 final rule requires
that each character in the TIN be 6 mm (\1/4\'') high. Prior to the
November 2002 final rule, all portions of the TIN were required to be a
\1/4\'' in height, except for the date code, which was required to be
\5/32\''. The agency stated that a requirement for a uniform TIN font
size would significantly improve the readability of the TIN.
ETRTO, JATMA and RMA petitioned the agency asking that tires under
13-inch bead diameter or 6-inch cross section be excluded from the TIN
height requirement. They asserted that prior to a July 8, 1999 final
rule, tires of these cross-section widths and bead diameters were
permitted to use \5/32\'' lettering instead of the \1/4\'' lettering.
This \5/32\'' provision, they argue, was ``unintentionally omitted''
from the published revisions to Figures 1 and 2 of Sec. 574.5 in the
July 8, 1999, final rule.\7\
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\7\ The July 8, 1999, final rule amended tire labeling
requirements to change the date code from 3 digits to 4 digits
rather than 3, see 64 FR 36807.
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The agency is not adopting the petitioners' request for two
reasons. First, based on an informal survey of tires with the size bead
diameter or cross section that are the subject of this request
conducted, we were unable to find a single tire of this type that did
not already meet the 6 mm (\1/4\ '') height requirement.\8\
Additionally, the agency's adoption of the 6 mm uniform height TIN,
which occurred subsequent to the alleged ``unintentional omission,''
was based on previous rulemakings and consideration of comments on the
ANPRM and NPRM that almost unanimously indicated that a smaller font
size for the TIN was not sufficient. Based on the agency's research and
the safety implications associated with the font height of the TIN, we
are retaining the uniform 6mm (\1/4\'') height requirement for tires
with under a 13-inch bead diameter or a 6-inch cross section.
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\8\ See docket No. NHTSA-2002-13678-30.
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3. Other
a. ``Maximum Permissible Inflation Pressure'' Requirements
In the November 2002 final rule, the agency extended the ``maximum
inflation pressure'' labeling requirements to light truck tires. This
provision is expressed in paragraph S5.5.6 of FMVSS No. 139.
RMA, in its petition, asked the agency to make it clear that the
``maximum permissible inflation pressure'' requirements in S5.5.4 apply
only to passenger car tires and that the requirements in S5.5.5 apply
only to high-pressure temporary spare tires. RMA's primary concern
appears to involve S5.5.4, which, it stated, would require
manufacturers to stamp LT tires with new maximum inflation pressures if
this paragraph were interpreted to apply to LT tires as well as to p-
metric tires. RMA stated that this would occur because, under S5.5.4,
manufacturers of LT tires would be required to stamp LT tires with new
maximum inflation pressure values since it requires rounding to the
``next higher whole number'' or ``nearest high number'' while, in
contrast, light truck standards and tire markings are rounded to the
``closest 5 pounds'' for the maximum load rating or the ``closest
psi.''
In response to RMA's request that we restrict applicability of
S5.5.4 and S5.5.5 to only passenger car tires and high-pressure
temporary spare tires, we have decided to revise the applicability of
S5.5.4, but not S5.5.5. We agree with RMA's assertions concerning
applicability of S5.5.4 to LT tires. The ``maximum inflation pressure''
labeling requirements for light trucks are in S5.5.6. However, without
specification, S5.5.4 could mistakenly be interpreted to apply to LT
tires, especially since S5.5.6 does not appear until after S5.5.4. With
regard to S5.5.5, the agency does not believe that it is necessary to
amend this paragraph to specify that it is only applicable to high-
pressure temporary spare tires. S5.5.5 currently specifies that its
``maximum permissible inflation pressure'' provisions are only
applicable if the maximum inflation pressure of the tire is 420 kPa (60
psi). Currently, none of the values in the industry yearbooks provides
a maximum load at 420 kPa for LT tires. Accordingly, we do not
anticipate any confusion concerning application of S5.5.5 to anything
other than temporary spare tires.
b. Date Code
In its petition, RMA expressed two concerns with the final rule's
modifications to Sec. 574.5(d), which specifies the fourth grouping
requirements of the TIN. RMA's first concern stems from the first
sentence of the paragraph which states ``[f]or tires produced or
retreaded according to the phase-in schedules specified in S7 of
Sec. Sec. 571.117, 571.129, 571.139 of this chapter, the fourth
grouping, consisting of four numerical symbols, must identify the week
and year of manufacture.''
RMA read this provision as limiting the applicability of Sec.
574.5(d) to light vehicle tires subject to the phase-in schedules in
the final rule. RMA argued that tires not subject to the phase-in
schedule should continue to be marked with the full TIN, including the
4-digit date code. RMA requested the deletion of the phrase ``[f]or
tires produced or retreaded according to the phase-in schedules
specified in S7 of Sec. Sec. 571.117, 571.129, 571.139 of this
chapter,'' so that all light vehicle tires, not only those subject to
the phase-in schedule under the final rule, are covered by the 4-digit
date code requirement in the fourth grouping.
We agree with RMA that the phrase ``[f]or tires produced or
retreaded according to the phase-in schedules specified in S7 of
Sec. Sec. 571.117, 571.129, 571.139 of this chapter,'' unnecessarily
limits the application of fourth grouping requirements to light vehicle
tires under the final rule phase-in schedules. This was not the
intention of the requirement. Therefore, we are adopting RMA's request
to delete the
[[Page 31310]]
aforementioned sentence from the regulatory text.
RMA's second concern arises from the third sentence of Sec.
574.5(d) which reads ``[t]he calendar week runs from Sunday through the
following Saturday.'' RMA argued that the introduction of an inflexible
definition on a non-safety matter is unreasonable and impracticable.
RMA stated that this revision would result in unnecessary lost
production costs because it would force some manufacturers, which
operate on a continuous basis (24 hours per day, 7 days per week) to
change all of their date codes at one time. RMA requested that the
agency delete the definition of ``calendar week'' in this provision.
NHTSA is not adopting RMA's request regarding the definition of
``calendar week.'' The agency, since May 10, 2001, has interpreted the
``calendar'' week as it is now defined by the November 2002 final rule
in Sec. 574.5(d). In this interpretation, we stated that to allow
alternative definitions of ``calendar week'' could lead to obscuration,
confusion or otherwise defeat the purpose of this information vital for
the safe use of tires.\9\ Unlike RMA, we believe that the date code, as
well as other required aspects of the TIN, constitute a ``safety
matter.'' Further, we continue to believe that needless confusion, in
either the production or consumer usage of the fourth grouping, might
occur if we were to allow manufacturer to employ different definitions
of ``calendar week.'' Finally, we note that the date code requirement
is a record keeping requirement that will have no actual bearing on the
way tire manufacturers choose to operate their production facilities.
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\9\ See NHTSA interpretation letter to Dae-Ki Min of Hankook
Tire at http://www.nhtsa.dot.gov/cars/rules/interps/.
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B. Vehicle Placard and Optional Tire Inflation Pressure Label
In the November 2002 final rule, the agency revised existing
Vehicle Placard (placard) requirements and introduced optional Tire
Inflation Pressure Label (label) requirements. Previously, the placard
was required for passenger cars under S4.3 of Sec. 571.110. The final
rule extended this requirement to all light vehicles with a GVWR of
10,000 pounds or less.\10\ The placard currently displays the vehicle
capacity weight, the designated seating capacity, the vehicle
manufacturer's recommended cold tire inflation pressure for maximum
loaded vehicle weight, and the manufacturer's recommended tire size
designation. Under the final rule, the manufacturers could either affix
the newly required placard, or the current placard coupled with a tire
inflation pressure label, to the driver's side B-pillar.
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\10\ FMVSS No. 120 currently requires that each motor vehicle
other than a passenger car show, on the label required by Sec.
567.4, or on a tire information label (S5.3(b)), the tire size
designation and recommended cold inflation pressure such that the
sum of the load ratings on the tires on each axle (when the tire's
load carrying capacity at the specified pressure is reduced by
dividing 1.10, in the case of a tire subject to FMVSS No. 109, i.e.,
a passenger car tire) is appropriate for the GAWR, and the size and
type designation of rims appropriate for those tires.
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The placard and label content requirements are listed below.
First, we required that the placard contain certain information
specified in S4.3 (paragraphs (a)-(e)).\11\ This information cannot be
combined with any other additional information.
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\11\ (a) Vehicle capacity weight expressed as ``The combined
weight of occupants and cargo should never exceed xxx kg or xxx
lbs.''; (b) Designated seating capacity (expressed in terms of total
number of occupants and in terms of occupant for each seat
location); (c) Vehicle manufacturer's recommended cold tire
inflation pressure; (d) Tire size designation for the tire installed
as original equipment on the vehicle by the vehicle manufacturer;
and (e) The statement ``SEE OWNER'S MANUAL FOR ADDITIONAL
INFORMATION.''
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Second, the agency required that the label and placard meet the
following three requirements: (1) The tire inflation pressure
information in the placard must be visually separated by a red border
from the other information on the existing vehicle placard or,
alternatively, be placed on a separate label. The purpose of this
requirement is ensure that the information is noticeable and explicit;
(2) the placard and label must contain a black and white tire symbol
icon in the upper left corner, 13 millimeters (.51 inches) wide and 14
millimeters (.55 inches) tall/high; and (3) the placard and label
include the phrases ``Tire and Loading Information''; and ``Tire
Information'' and ``See Owner's Manual For Additional Information'' in
yellow text on a black background.
Third, the agency replaced the vehicle capacity weight statement on
the vehicle placard with the following sentence: ``[t]he combined
weight of occupants and cargo should never exceed XXX kg or XXX
pounds.'' The ``XXX'' amount equals the ``vehicle capacity weight'' of
the vehicle as defined in FMVSS No. 110. The information is the same as
that currently required to be placed on the vehicle placard by
manufacturers.
Fourth, the agency replaced the vehicle's recommended tire size
designation with the tire size designation for the tires installed as
original equipment on the vehicle by the vehicle manufacturer. While in
most instances these two numbers would be identical, this minor
revision ensures that the consumer is provided with the correct tire
inflation pressure information for the tire size actually installed on
his vehicle as original equipment by the vehicle manufacturer. The
original tire size designation and accompanying recommended inflation
pressure is indicated by the headings ``original tire size'' or
``original size'' on the placard or label.
The final rule required that the placard or placard and label be
located on the driver's side B-pillar. If a vehicle does not have a B-
pillar, then the placard and label will be placed on the edge of the
driver's door. If the vehicle does not have a driver's side B-pillar
and the driver's side door edge is too narrow or does not exist, the
placard or placard and label are required to be affixed to the inward
facing surface of the vehicle next to the driver's seating position.
1. Content
Numerous petitioners requested that the agency allow or require
certain additional information on the vehicle placard. Majority of
these requests had been previously considered and addressed by the
agency in previous stages of this rulemaking. These issues are
addressed below.
The Alliance and RMA asked the agency to amend the final rule to
allow the service description (load index and speed-category rating) to
be placed on the placard or label. In the final rule, NHTSA stated that
it had decided to prohibit placing the service description on the
placard and label because it ``does not provide readily apparent or
available information to consumers and would make it necessary for a
vehicle operator to look to an index in the owner's manual or a tire
industry publication to determine the actual tire maximum load.'' The
Alliance, in its petition, stated that because this information is only
pertinent to tire replacement and not important for everyday
maintenance, consumers need not understand the meaning of the symbols
but only need to match the symbols when replacing tires. The Alliance
also stated that only allowing this information to be contained in the
owner's manual means that it is less likely that the information will
stay with the vehicle for its entire life. RMA similarly argued that,
even with the maximum load rating listed on the consumer's existing
tires, replacement tires are less likely to be mismatched if
[[Page 31311]]
the tire service description is included on the placard and/label.
VW petitioned the agency to amend the final rule to allow the
following on the vehicle placard or tire inflation pressure label: (1)
Optional tire sizes and applicable inflation pressures, (2) different
tire pressures for various loading conditions or driving speeds, (3)
references to the presence and location of additional labels in other
locations with inflation pressure information, and (4) multiple tire
size and rim designation with analogous GAWRs and GVWRs.
Similarly, the Alliance asked the agency to clarify whether the
listing of optional tire sizes and applicable inflation pressures and
different tire pressure for various loading conditions or driving
speeds is permitted. The Alliance also requested that the agency allow
multiple tire size and rim designations to appear on the placard and
label.
With regard to its requests concerning optional tire sizes and
applicable inflation pressures and multiple tire size/rim designations,
VW stated that it currently uses pre-printed labels that include all
available tire options and that it would be costly to separately print
labels for each option. Also, VW stated that for its non-passenger
cars, it has been providing this information on either the
certification label or another label that largely mirrors the
certification label and to change the format of these labels would be
costly to it. Additionally, it stated that a dealer may change the
tires that were installed on the vehicle at the time of manufacture,
and thus the information on that tire on the placard would be
incorrect. Lastly, VW argued that vehicle owners may not be aware that
tire option information or multiple tire size/rim designations are
available on a separate label or in the owner's manual.
ETRTO petitioned NHTSA to amend the final rule to allow the actual
front and rear axle weight to appear on the vehicle placard. NTEA
suggested that the placard make it clear that axle overloading by
consumers relying upon the loading information provided on the placard
is not a safety defect. These commenters asserted that maximum load
capacity is of no use if the customer cannot check compatibility with
the GAWR and that consumers, with the information provided on the
placard, could still overload one of the axles without exceeding the
vehicle capacity weight.
The agency continues to believe that allowing the additional
information such as optional tire and rim sizes, inflation pressures,
alternative label locations, and axle weights, on the placard and label
is not appropriate because listing such information in addition to the
original tire size designation and the corresponding recommended
inflation pressure would overcrowd the already content rich vehicle
placard.
The agency considered the arguments presented by petitioners with
respect to dealers possibly installing optional tires or rims that
differ from those installed by the manufacturer, and consequently, the
placard may not accurately reflect the correct inflation pressures or
loading characteristics for that vehicle. First, we note that optional
tire sizes recommended by vehicle manufacturers often have the same
recommended inflation pressures as the original equipment tires.
Second, dealers are not permitted to sell non-complying vehicles or
take actions which would take a vehicle out of compliance with the
applicable safety standards.\12\ Therefore, if a dealer substitutes
tires in such a way that the placard was no longer accurate, the dealer
would need to affix a new placard. To make this clear, we have amended
the language of S4.3(d) of FMVSS 110.
---------------------------------------------------------------------------
\12\ See 49 U.S.C. 30122, which prohibits ``making inoperative,
in whole or in part'' any part of a device or element of design
installed on or in a motor vehicle in compliance with an applicable
motor vehicle safety standard.
---------------------------------------------------------------------------
With regard to the request to include axle weights on the placard,
the agency points out that this information is provided on the
certification label and, if the manufacturer chooses, can be included
in the owner's manual.
The agency, similarly, continues to view the service description as
non-critical information that should not appear on the placard or
label. Petitioners have not been able to demonstrate to the agency that
the two labeling items contained in the service description, speed-
category symbol and load index,\13\ effectively communicate everyday
tire maintenance and safety information to the U.S. public. Both these
items provide the sort of information that is not intuitive to
consumers and would require vehicle operators to look to the owner's
manual in order to determine the actual maximum load and maximum rated
speed of the tire. We note that manufacturers may continue labeling
tires with this optional information, but the agency will not permit
this information to be placed on the vehicle placard and label.\14\
---------------------------------------------------------------------------
\13\ Under these regulations, the speed-category symbol and the
load index are to be placed together near the size designation. For
example, the sidewall would contain the size designation ``P215/
65R15 89H'' where ``H'' is the speed-category symbol and ``89'' is
the load index.
\14\ We note that Figure 2 of the November 2002 final rule
incorrectly contained the load index and the speed category symbol.
This document contains corrected figures depicting the tire
information label and the tire placard. The load index and the speed
category symbol have been excluded from the revised figures.
---------------------------------------------------------------------------
In sum, the agency believes that overcrowding the vehicle placard
and tire inflation pressure label with information considered non-
critical for regular maintenance would discourage the use of tire
inflation pressure information on the placard and/or the label.
Additionally, vehicle manufacturers may place this information on the
certification label or include it in the owner's manual. Accordingly,
the agency is not amending its general prohibition against ``other
information'' being added to the vehicle placard and label.
Several petitioners presented novel requests for changes and
clarifications of the new labeling requirements that have not been
previously contemplated by this agency. These issues are discussed
below.
The Alliance stated that since the vehicle placard would now be
required on vehicles that contain more than one rear seating area/row,
the agency should clarify whether manufacturers may show rear seating
capacity individually by row rather than as a total for all rear rows.
NHTSA does not believe that it is necessary for manufacturers to
separate rear seat information by rows because the presence of seat
belts will indicate to vehicle operators the number of designated
seating positions in each row. Additionally, the agency anticipates
that seating designation information would be contained in the owner's
manual. Because this information is non-critical and otherwise
available to the vehicle operator, the vehicle placard may not indicate
the rear seating capacity by row. Instead, the placard must indicate
the total number of rear seats, i.e. all seats located in rear
designated seating positions.
The Alliance and VW requested that NHTSA allow a barcode or partial
number of the VIN to be added to the placard. They stated that because
many vehicles will require unique labeling under this final rule, this
type of information is needed to manage and track the accuracy of the
placard or label application.
NHTSA agrees with these petitioners that tracking and coordinating
the correct application of unique placards and labels to vehicles has
become more
[[Page 31312]]
complicated under the final rule and that enabling this task to be done
correctly is an important concern. For these reasons, we are allowing
vehicle manufacturers to place an optional identifier on the placard
and label. This optional identifier (as indicated in the revised
Figures 1 and 2 of FMVSS No. 110), must be located in the lower right
hand corner of the placard or label and orientated vertically to the
right of the ``See Owner's Manual for Additional Information'' block of
text.
RMA and the Alliance petitioned the agency to amend the final rule
to allow placement of a load identification, e.g., ``XL'' or
``Reinforced,'' on the placard or label. The Alliance stated that it is
not clear under the final rule whether the designation for reinforced
or extra load tires is included in the description for ``tire size
designation.'' RMA argued that the designation of extra load passenger
tires is critical information to communicate with consumers so they are
able to make appropriate, safety based decisions in the selection and
use of replacement tires.
NHTSA anticipates that there are very few vehicles in the affected
weight category that would be equipped with these types of tires as
original equipment. However, the agency agrees with petitioners that
when the vehicles are equipped with these tires, consumers should be
made aware of this information so that they know to replace them with
tires capable of holding a similar load. Therefore, NHTSA is amending
the final rule to allow load identification, labeled as ``XL'' or
``reinforced'', after the tire size designation.
NTEA asked NHTSA to clarify the calculation of wheelchair seating
designations for the purpose of determining ``vehicle capacity weight''
on the placard and label, because Sec. 571.3 specifies that a
wheelchair position be counted as 4 designated seating positions. NTEA
asserts that consumers will become confused if manufacturers are
required to indicate a seating capacity that counts a wheelchair
position as 4 positions. NHTSA provides the following clarification.
Each wheelchair designation will be counted as only 1 seating position
for the purposes of labeling. However, in determining the vehicle
capacity weight, NHTSA expects that manufacturers will allocate extra
weight necessary for the wheelchair in the calculation of the load that
the vehicle and tires must be capable of carrying.
VW, the Alliance, and NTEA made several requests regarding the
labeling of spare tire information on the placard and/or label. VW
asked the agency to amend the final rule to allow spare tire
information to be optional. NTEA asked to be allowed to include the
word ``none'' under the spare tire heading if no spare tire is included
on the vehicle. NTEA and the Alliance requested that the agency clarify
differences in headings in figures, e.g., ``compact spare tire'' and
``spare'' and requested that the agency use ``spare'' consistently
since some vehicles are equipped with full-size spare tires. The
Alliance further stated that NHTSA needs to clarify whether pneumatic
spare tire information is permitted on the placard since this is not
specified as required information in the regulatory text, and the rule
specifies that non-required information is not permitted on the label.
The Alliance also requested that the agency amend the final rule so
that all references in the regulatory text to non-pneumatic tires refer
to ``non-pneumatic spare tire assembly'' instead of non-pneumatic
assembly.
The agency believes that consumers need to be aware of the
inflation characteristics of spare tires so that they can be maintained
properly. Accordingly, we will continue to require that both the
placard and the labels contain spare tire information. However, in
response to industry requests, the agency will clarify the spare tire
information requirements. Specifically, we are amending the final rule
to permit the use of word ``none'' under the spare tire heading, in
those instances where original equipment on the vehicle does not
include a spare tire. To provide further clarification regarding spare
tires, NHTSA is amending its heading on the placard and the label to
require the use of either ``spare tire'' or ``spare.'' We agree with
petitioners that the term ``compact spare tire'' would not be
appropriate or could be potentially confusing if a vehicle was equipped
with a full size spare tire.
NHTSA is also amending the regulatory text of FMVSS No. 110 so that
the spare tire information included on the label is correctly
represented as required information. Additionally, we are amending
paragraph S4.3(g) to reference ``non-pneumatic spare tire assembly''
instead of ``non-pneumatic assembly'' as stated in the final rule. The
analogous provision in the current version of FMVSS No. 110 refers to
``non-pneumatic spare tire assembly.'' The agency inadvertently omitted
the words ``spare tire'' from this phrase when drafting the final rule
and is now correcting this error.
Finally, after reviewing petitions for reconsideration of the
November 2002 final rule, we decided to modify the Vehicle Placard in
Figure 1 so that the chart within the placard is formatted identically
to the chart within the Tire Inflation Pressure Label in Figure 2. We
conclude that the chart currently found within Figure 2 is better
organized than the chart currently found within Figure 1. We believe
that the uniform use of a single chart format will enable consumers to
better understand the necessary tire information. Additionally, in
those rare instances where a vehicle is equipped with front and rear
tires of different sizes, the chart format from the Figure 2 will allow
a manufacturer to identify different tires sizes for front and rear
tires. The Vehicle Placard in Figure 1 has been revised accordingly.
This rule contains updated examples of the Vehicle Placard and the Tire
Inflation Pressure Label.\15\
---------------------------------------------------------------------------
\15\ Please see Figure 1 and Figure 2 respectively.
---------------------------------------------------------------------------
2. Location
Paragraph S4.3 of FMVSS No. 110 requires the placard be permanently
affixed to the driver's side B-pillar. If the vehicle lacks a B-pillar
on the driver's side, the placard must be permanently affixed to the
edge of the driver's side door. If the vehicle lacks a driver's side B-
pillar and either has a driver's side door whose edge is too narrow to
permit the affixing of the placard or lacks a driver's side door, the
placard must be affixed to the inward facing surface of the vehicle
next to the driver's seating position. This paragraph also requires the
tire inflation pressure label, if present, to be permanently affixed
and proximate to the placard.
The Alliance petitioned the agency to amend the final rule to allow
alternate locations for the vehicle placard and tire label. The
Alliance stated that the B-pillars of some vehicle do not have
sufficient flat surface to design a placard that is ``legible, visible
and prominent.'' They also stated that some vehicles lack a
conventional B-pillar and are equipped with 2 doors opening in opposite
directions. In these vehicles, the Alliance argues, the front-facing
edge of the rear door is in a vehicle position similar to the B-pillar.
The Alliance asserted that if manufacturers were required to design a
label that would fit the available space, it might result in a label
that is difficult to read due to size or angle. The Alliance requested
the following alternatives to the B-pillar for placement of the placard
and label: (1) Edge of driver's side door, (2) the leading edge of the
driver's side rear door if the two doors on the same side of the
vehicle open in opposite directions, (3) the inward facing surface
[[Page 31313]]
of the vehicle next to the driver's seating position, or (4) the
outboard side of the instrument panel on the driver's side of the
vehicle. In addition to placard location, the Alliance raised several
other issues for clarification. First, they asked whether the ``inward-
facing surface of the vehicle next to the driver's seating position''
means the driver's door. They asserted that this surface is often
carpeted or textured, making permanent attachment of a label difficult.
Second, the Alliance asked whether the placard and label could be
placed on the back wall of the cab behind the driver's seat and
immediately adjacent to the B-pillar or on the driver's seat pedestal.
The agency stated in the final rule that an important and
overriding element of the placard and label location requirements is
that they are placed in an accessible and predictable location in motor
vehicles. Keeping this goal in mind, the agency has decided to slightly
expand the flexibility provided to manufacturers for the location of
the placard and label.
For vehicles that lack a conventional B-pillar and have two doors
on the same side opening in opposite directions, the agency agrees with
the Alliance's argument that the front-facing edge of the rear door is
in a vehicle position similar to the B-pillar. In fact, the agency
believes that this location is visually equivalent. Therefore, while
the agency will continue to require that the placard be permanently
affixed to the driver's side B-pillar, it will, in the case of a
vehicle with no B-pillar and two side doors opening in opposite
directions, specify that the placard be located on the forward edge of
the rear door.
However, if the B-pillar or the front-facing edge of the rear door,
in vehicle without a B-pillar, does contain surface sufficient to
permit affixing of a placard that is legible, visible and prominent,
the agency will specify that the placard be located on the edge of the
driver's side door. Finally, if this location still does not permit
affixing of a placard that is legible, visible and prominent, the
agency will specify that the placard be affixed to the inward facing
surface of the vehicle next to the driver's seating position.
We note that these alternative locations are available only in the
event that placement of the placard on the B-pillar, or in vehicle with
no B-pillar and two side doors opening in opposite directions, the
forward edge of the rear door, is not feasible. The agency continues to
believe that a standardized location, with limited alternatives to
accommodate special designs, will contribute to consumer awareness of
recommended tire inflation pressure and load limits. The agency also
notes, as it did in the final rule, that it has provided manufacturers
with great flexibility concerning the size, shape and dimension of the
placard. This flexibility provides manufacturers with considerable
latitude to design the placard and label in a manner that can be
configured to different vehicle designs.
In response to the Alliance's request for clarification of whether
the ``inward-facing surface of the vehicle next to the driver's seating
position'' means the driver's door, the answer is yes. This surface
could include the driver's side door or, if a driver's side door does
not exist, it would be the surface located directly to the left of the
driver's position. The agency does not agree, however, with the
Alliance's assertion that permanent attachment of a placard and label
to this surface is difficult because this surface is often carpeted or
textured. We note that vehicle manufacturers have, for years, been
required to permanently affix rollover and airbag warning labels to sun
visors, which are often covered with fabric or textured. It is our
understanding that achieving permanency when applying a label to a
fabric surface is easily accomplished by heat transferring the labels
directly to the material surface. Therefore, NHTSA will not amend the
final rule to delete the ``inward-facing surface of the vehicle next to
the driver's seating position'' location for placement of the placard
and label.
3. Color
The November 2002 final rule requires that the placard and label
conform in color to examples set forth as Figures 1 and 2 of FMVSS No.
110. As indicated in those figures, the agency requires that the tire
inflation pressure information be visually separated by a red border
from other information on the vehicle placard. The final rule also
requires that the tire inflation pressure information appear in black
text on a white background and that the phrases ``Tire and Loading
Information,'' ``Tire Information,'' and ``See Owner's Manual For
Additional Information'' appear in yellow text on a black background.
In its petition, the Alliance requested that the agency amend the
final rule to allow black text on a yellow background in those
instances in which yellow text is required on a black background. The
Alliance asserted that this revision would be consistent with current
color schemes on other warning labels. Also, this requested amendment
would allow manufacturers to stock pre-printed backgrounds for labels
that could then be overwritten with black ink using existing laser
printers. Lastly, the Alliance argued that the intent of using yellow
to attract attention to the labels is preserved by this request.
The agency has decided to adopt the Alliance's request. The agency
agrees that black text on a yellow background would be as noticeable as
yellow text on a black background. Therefore, we are amending the final
rule to allow manufacturers the option of printing these areas on the
placard and label as either black text on a yellow background or yellow
text on a black background.
With regard to the use of red ink for print on the placard, NTEA
requested clarification of whether the headings and tire pressures
listed on the placard and label are required to be in red ink. NTEA
also stated that red ink is more susceptible to UV fading and that a
significant minority of the population is red/green color blind.
We wish to clarify that the November 2002 final rule required only
that the tire inflation pressure information on the vehicle placard be
visually separated by a red border from all other information. There
were no additional requirements for use of red ink anywhere on the
placard or the label.
In sum, the color scheme of the label is black ink on a white
background, except for: (a) The tire inflation pressure information on
the vehicle placard must be visually separated by a red border; and (b)
the phrases ``Tire and Loading Information'' and ``See Owner's Manual''
on the vehicle placard, and the phrases ``Tire Information'' and ``See
Owner's Manual'' on the vehicle label must both appear in yellow text
on black background or black text on yellow background.\16\
---------------------------------------------------------------------------
\16\ Please see Figure 1 and Figure 2 accompanying this
rulemaking. The figures indicate when use of color is required.
---------------------------------------------------------------------------
4. Trailers
The November 2002 final rule extended application of vehicle
labeling provisions to trailers. Several petitioners asked for
clarification or presented requests regarding the manner in which the
vehicle labeling provisions apply to trailers. NTEA requested that the
agency remove the requirement for the ``occupant weight'' designation
from trailer placards. It asserted that this statement implies that
trailers are suitable for occupancy during transport and that this
implication is dangerous. Similarly, RVIA, NMMA, and NATM suggested
that NHTSA, with regards to trailers, delete the reference to occupants
in the owner's manual
[[Page 31314]]
description for determining the correct load limit for the trailer.
NHTSA agrees with petitioners that the references to occupants are
not appropriate for determining vehicle load either on the placard or
in the owner's manual of trailers. Therefore, the agency is amending
the final rule to specify that trailers should use the phrase ``the
weight of cargo should never exceed XXX kg or XXX lbs.'' instead of the
currently required vehicle capacity weight statement. Similarly, NHTSA
is specifying in the owner's manual descriptions of determining load
limits for trailers should not reference occupants. NHTSA is also
amending the final rule to specify that the section of the placard
containing designated seating capacity information cannot appear on
trailer placards.
RVIA petitioned the agency to allow a differently formatted placard
for trailers. Except for specifying the removal of references to
occupants and seating positions as discussed above, the agency is not
granting this request. NHTSA believes that consistency of format will
improve consumer use and understanding of the placard and label.
NATM, NMMA, and RVIA asked the agency to specify the location of
the placard and label. NATM and NMMA requested that NHTSA require that
the placard and label be placed by the certification label in the area
specified in Sec. 567.4(d) which states ``[t]he label for trailers
shall be affixed to a location on the forward half of the left side,
such that it is easily readable from outside the vehicle without moving
any part of the vehicle.'' RVIA petitioned for the agency to mandate
that the placard appear in a ``conspicuous location'' and provided an
example of the inside of a cabinet in the trailer.
Prior to NATM's petition, the agency discovered that it had not
specified a location requirement for the trailer placard and label.
Thereafter, we published a correcting amendment which, for vehicles
with a GVWR greater than 10,000 lbs, required the placard and the label
to be placed in the area specified in Sec. 567.4.\17\ Section 567.4
states ``[t]he label for trailers shall be affixed to a location on the
forward half of the left side, such that it is easily readable from
outside the vehicle without moving any part of the vehicle.'' The
agency is not adopting RVIA's request that the placard and label be
placed in a ``conspicuous location.'' NHTSA believes that the placard
and label should be specified to be in a highly visible and objective
location viewable from the outside of the trailer, not in a location,
such as the inside of a cabinet or similar location, where the operator
would need to know where to look to find the vital information
contained on the placard and label.
---------------------------------------------------------------------------
\17\ See 68 FR 37981 (June 26, 2003).
---------------------------------------------------------------------------
5. Multistage Manufacturers
In the final rule, NHTSA considered labeling issues with respect to
multi-stage manufactured and altered vehicles and decided that (1)
Incomplete and intermediate manufacturers need not affix a placard to
an incomplete vehicle, (2) alterers must affix a new placard,
containing information accurate for the altered vehicle, over the
placard installed by the vehicle manufacturer, so as to obscure the
original placard, and (3) final stage manufacturers must label vehicles
with vehicle capacity weight and seating designations ``as finally
manufactured,'' utilizing information contained in the document
(``IVD'') required by Sec. 568.4 of part 568, Vehicle Manufactured in
Two or More Stages, to be provided by incomplete and intermediate
vehicle manufacturers and the information particular to their role in
the manufacture of the vehicle.
NTEA petitioned the agency with respect to two multistage
manufacturer issues. First, the petitioner requested that NHTSA require
the chassis manufacturer to provide the unloaded vehicle weights for
the front and rear axles for both complete and incomplete vehicles with
factory weight options. NTEA stated that not all manufacturers
currently provide this information and the only alternative to
calculating weight based on the information provided would be for final
stage manufacturers and alterers actually to weigh the vehicle
themselves, which is costly and dangerous to the technicians. Second,
NTEA asked that NHTSA make it clear that multi-stage manufacturers can
rely on either the IVD or on the body builder book weights and other
component supplier information to calculate the vehicle capacity weight
required to be labeled on the placard.
With regard to the issues presented by NTEA, NHTSA reiterates what
it has stated in the final rule, i.e., the final stage manufacturers
must themselves determine the unloaded vehicle weight, and the vehicle
capacity weight. Under Sec. 568.4(a)(4) and Sec. 568.4(a)(5),
incomplete and intermediate vehicle manufacturers are required to
provide to the final stage manufacturer a document (``IVD'') containing
GVWR. In the event that the final stage manufacturer cannot determine
the unloaded vehicle weight and passenger weight, the final stage
manufacturer is responsible for determining this information by means
including, but not limited to, weighing the final vehicle and/or
performing calculations. These calculations cannot be estimated based
on GVWR provided in IVD or the body builder book. We are concerned that
imprecise estimates may lead to improper certification of vehicle
weight and capacity.
While NHTSA recognizes that body builder books provide a useful
resource to final stage manufacturers, particularly in instances where
the IVD might become separated from the incomplete vehicle to which it
relates, we are not specifying that these books can be relied upon
instead of the IVD. As stated above, some of the information necessary
to enable final stage manufacturers to label vehicles pursuant to the
requirements of the November 2002 final rule is included in the IVD
provided by incomplete and intermediate manufacturers. NHTSA, however,
is taking this opportunity to encourage incomplete and intermediate
manufacturers to include their component weight information in the body
builder book weights and other component supplier information in order
to facilitate the calculation of the vehicle capacity weight by the
final stage manufacturers.
We also wish to clarify a statement regarding multistage
manufacturer responsibilities in the preamble of the November 2002
final rule. The final rule states, ``incomplete and intermediate
manufacturers need not affix a placard to an incomplete vehicle * * *''
We note that incomplete and intermediate manufacturers in fact cannot
affix a placard to an incomplete vehicle. This clarification mirrors
the regulatory text of FMVSS No. 110.
6. School Buses
School buses of 10,000 pounds GVWR or less fall under the
applicability of FMVSS No. 110 as revised by the final rule. Thomas
Built petitioned the agency to exclude school buses from the
requirements of the final rule. Thomas Built argued that the number of
occupants per seat on a school bus is variable and that professional
drivers operate school buses so that the informational requirements of
the rule offer little, if any, value.
The agency is denying this petition. While, as Thomas Built argues,
the number of occupants per seat on some school buses may vary, school
buses with a GVWR of 10,000 pounds or less must, as per paragraph
S5(b)(1)(B) of FMVSS No. 222, have seat belts installed at each
designated seating position. In other words, the designated number of
seating positions on each school bus of 10,000 pounds GVWR or
[[Page 31315]]
less is known because a seat belt must be installed in those seating
positions. Therefore, the manufacturers of these vehicles are capable
of labeling the required seating capacity and calculating the required
vehicle weight information on the placard.
In response to petitioner's second point, the agency believes that
the actual state of knowledge and level of expertise of personnel
responsible for operating and maintaining school buses may vary
considerably, especially for the smaller buses covered by this rule.
For this reason, the agency is not excluding school buses from the
requirements of this rule, which provide critical loading and inflation
pressure information to the vehicle operators.
7. Other
GM, in a March 21, 2003 letter to the docket, highlighted the need
for two technical corrections to the regulatory text of FMVSS 110
S4.3.4(b) and S4.3.4(c). GM pointed out that the language of FMVSS 110
S4.3.4(b) references S4.2 of that standard which, in turn references
paragraph S5.5 of FMVSS No. 109 and that that paragraph contains a
performance test only applicable to passenger car tires. Since FMVSS
No. 110 will now also be applicable to non-passenger car tires, the
agency is adding a reference to the analogous test, contained in FMVSS
No. 119 S7.4, for non-passenger cars.
GM also highlighted the fact that the final rule regulatory text
for paragraph S4.3.4(c) requires that each tire be capable of holding
the entire vehicle maximum load and the vehicle normal load. The agency
is correcting this error by adding the phrase ``on the tire for those
vehicle loading conditions'' in the regulatory text to make it clear
that each tire must be capable of holding its share of the loading
conditions rather than the entire loading condition.
The agency was asked by a Mitsubishi whether, in providing the
required verbatim statement in owner's manuals concerning steps for
determining correct load limit, it is permissible to add metric values
where they are not specified in the regulatory text.
In considering this question, we noticed a technical error in the
regulatory text for the first step (Sec. 575.6(a)(5)). The regulatory
text specifies that the first step is to ``[l]ocate the statement ``The
combined weight of occupants and cargo should never exceed XXX pounds''
on your vehicle's placard.'' However, the actual statement on the
placard includes metric as well as English units. We are correcting the
regulatory text in this rule to accurately reflect the information in
the placard.
Mitsubishi's question is also relevant to the fourth step. The
regulatory text for this step includes the following statement (again,
to be included in the owner's manual): ``For example, if the ``XXX''
amount equals 1400 lbs. and there will be five 150 lb. passengers in
your vehicle, the amount of available cargo and luggage load capacity
is 650 pounds (1400 - 750 (5 x 150) = 650 lbs.)''.
Vehicle owners in the United States are familiar with English
units, and we do not believe it is necessary to require metric units as
part of this example. However, if a manufacturer wishes to voluntarily
include metric units as well as the specified English units in this
statement, we would not consider additional metric units to be
inconsistent with the requirement that the statement be ``verbatim.''
To avoid confusion, however, the entire equation in parentheses at the
end of the statement should be provided separately in English and
metric units, as the addition of a metric value after each English
value could make it difficult to follow the example.
C. Applicability of FMVSS No. 110 and 120
Please note that the agency addressed issues related to the
applicability of FMVSS No. 110 and 120 in a technical amendment
published on June 26, 2003 (68 FR 37981).
D. Effective Date
In a notice dated June 5, 2003 (68 FR 33655), the agency extended
the mandatory compliance date of the vehicle labeling and vehicle
owner's manual provisions from September 1, 2003, to September 1, 2004.
As discussed above, we are further extending the effective date of the
November 2002 final rule to September 1, 2005. The phase-in schedule
for tire labeling requirements has been revised to reflect the change
in the initial effective date. Additionally, the manufacturers need not
comply with the requirement that the full TIN be located on the
intended outboard sidewall until September 1, 2009.
JATMA submitted a letter in August 2003, noting that it had not yet
received a response to its petition for reconsideration, and stating
that ``[o]ur member companies are currently waiting for the agency's
reconsideration, and, as a result, we do not have adequate time to
comply with the phase-in schedule for tire markings commenc[ing] on
September 1, 2004.'' JATMA requested that the agency provide at least
12 months lead time for the commencement of the phase-in schedule after
the agency's response.
In response to Jamal's petition, we first note that all
manufacturers affected by the November 2002 final rule should have been
planning to comply with the requirements of that rule notwithstanding
the outcome of any petitions for reconsideration. As previously stated
by this agency, a pending petition for reconsideration does not toll
the effective date of the subject final rule. NHTSA carefully considers
all petitions for reconsideration arising from promulgation of new
rules. After careful review, the agency decides whether to grant the
petitions and whether to modify the rule. However, NHTSA's response to
such petitions is prospective, and in the interim, the final rule
remains effective as originally issued. Because the manufacturers
cannot assume that the requested changes will be made in response to
petitions for reconsideration, they must comply or take the necessary
steps in order to timely comply with the original requirements of the
subject final rule.
Notwithstanding our policy, we are extending the effective date to
September 1, 2005, because this rulemaking makes several changes to the
Vehicle Placard and Tire Inflation Pressure Label. We anticipate that
preparing the placards or labels containing the necessary changes may
require more than 6 months that is currently available until the
previous effective date of September 1, 2004. Accordingly, the new
effective date for vehicle labeling requirements is September 1, 2005.
We note that the phase-in schedule also begins on September 1, 2005.
E. Conforming Amendments
The November 2002 final rule on tire labeling excluded motorcycle
tires and specialty tires produced for antique vehicles (vehicles
produced before 1975) from the applicability of FMVSS No. 139 labeling
requirements. In the June 2003 final rule on tire performance upgrade,
the agency additionally decided to exclude bias ply, special tires (ST)
for trailers in highway service, tires for use on farm implements (FI)
in agricultural service with intermittent highway use, and tires with
rim diameters of 8 inches and below from the applicability of FMVSS No.
139 performance requirements and stated that these tires would continue
to be covered by FMVSS Nos. 109 and 119. In making the latter decision,
the agency noted that these tires represent a very small (less than 1
percent) segment of the market for light vehicle tires, are not
[[Page 31316]]
offered by any vehicle manufacturer on any new passenger car or light
truck sold in the U.S., and that the number of miles that they are
driven per year on highways is insignificant. For these same reasons,
and to maintain consistent labeling and performance requirements for
tires covered by FMVSS No. 109 and FMVSS No. 139, the agency has
decided to make conforming amendments to the heading and application
sections of FMVSS No. 139 in this final rule to exclude these same
tires, bias ply, ST, FI, and 8-12 rim diameter tires, from the labeling
provisions of FMVSS No. 139. As determined in the June 2003 final rule,
these tires will continue to be covered by FMVSS No. 109 and 119.
V. Rulemaking Notices and Analyses
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This rulemaking action was not reviewed under Executive Order
12866. The rulemaking action is not significant under Department of
Transportation regulatory policies and procedures. The effect of the
action is to clarify existing requirements. It does not increase or
decrease the legal obligations of any person under the November 2002
final rule. Thus, this action does not change the impacts estimated in
the final regulatory evaluation for that rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their proposed
and final rules on small business, small organizations and small
governmental jurisdictions. I hereby certify that the amendments would
not have a significant economic impact on a substantial number of small
entities.
The effect of the rulemaking action is to clarify existing
requirements. Accordingly, this rulemaking will not change the effects
of the November 2002 final rule on small business, small organizations
and small governmental jurisdictions.
C. National Environmental Policy Act
NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action does not have any significant impact on the quality of
the human environment.
D. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient Federal implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule does not have
any substantial impact on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials.
E. Unfunded Mandates Act
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
requires agencies to prepare a written assessment of the costs,
benefits and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted annually for inflation with base
year of 1995). Adjusting this amount by the implicit gross domestic
product price deflator for the year 2000 results in $109 million
(106.99/98.11 = 1.09). The assessment may be included in conjunction
with other assessments, as it is here.
This final rule will not result in expenditures by State, local, or
tribal governments or tire suppliers of more than $109 million
annually.
F. Civil Justice Reform
This final rule does not have any retroactive effect. Under 49
U.S.C. 21403, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 21461 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
G. Paperwork Reduction Act
This final rule; response to petitions for information contains
``collections of information,'' as that term is defined at 5 CFR part
1320 Controlling Paperwork Burdens on the Public. In the NPRM (66 FR
65535, December 19, 2001) and final rule (67 FR 69500, November 18,
2002), NHTSA provided the following burden hour estimates for the
collections of information associated with this rulemaking, and
provided 60-day public comment periods:
Revision of a Currently Approved Collection, OMB Clearance No.
2127-0503, Tires and Rim Labeling, and Vehicle Placard Requirements. In
the November 18, 2002, document, NHTSA estimated that the final rule
would result in an additional hourly burden to Clearance No. 2127-0503
of 111,539 hours for tire labeling and 25,184 hours for the vehicle
placard requirements. NHTSA estimated the final rule would result in an
initial cost burden for tire labeling of $23.4 million an annual cost
burden for tire labeling of $0. The estimated total annual cost burden
for vehicle placards is approximately $0.7 million.
In today's final rule, NHTSA is changing the scope of tire labeling
requirements by permitting tire manufacturers to mark the optional code
of the TIN on only one side of the tire, and to exclude retreaded tires
from the requirement to have the TIN information on both sidewalls and
the full TIN on the ``intended outboard sidewall'' of the tires. The
changes should result in somewhat fewer burden hours imposed on tire
manufacturers. However, especially in light of the small market share
of retreaded tires, NHTSA will continue to ask for a clearance of an
additional 111,539 hours for tire labeling for Clearance No. 2127-0503,
to ensure that it is not underestimating its proposed burdens on the
public. The estimated initial cost burden for tire labeling remains at
$23.4 million.
[[Page 31317]]
For the collection of information associated with the vehicle
placard and label, NHTSA is not changing the scope of the collection of
information and is not amending its general prohibition against ``other
information'' added to the vehicle placard and label. Thus, the
estimated additional collection of information remains at 25,184 burden
hours and $.07 million in cost burdens for the vehicle placard
requirements.
Revision of a Currently Approved Collection, OMB Clearance No.
2127-0541, Consolidated Vehicle Owner's Manual Requirements of Motor
Vehicles and Motor Vehicle Equipment. In the November 18, 2002,
document, NHTSA estimated that the final rule would result in an
additional hourly burden of 400 hours to Clearance No. 2127-0541, and
estimated the total annual cost burden for revising the owner's manuals
to be approximately $1.9 million.
In today's final rule, NHTSA is permitting the addition of metric
values to the required statement in owner's manuals in determining the
correct load limit. Since NHTSA does not believe this change will
affect the estimated collection of information burden associated with
the owner's manual requirement, the estimate remains at 400 burden
hours and approximately $1.9 million in total annual cost burden.
Request for Approval of a New Collection, No OMB Clearance No, Tire
Manufacturer Phase-In Reporting Requirements. In the November 18, 2002,
document, NHTSA announced this new proposed collection of information,
and estimated that total annual reporting and recordkeeping burden
would be 6,048 hours. NHTSA estimated that there would be no costs
resulting from this new collection because manufacturers are already
compiling annual production information for their own uses. Today's
final rule would not result in a change in the estimated number of
burden hours or costs, but each report will be due from manufacturers a
year later than the dates specified in the November 18, 2002, final
rule. Thus, the manufacturers of new pneumatic tires for use on
vehicles with a gross vehicle weight rating of 10,000 pounds or less
will provide tire production data yearly from September 1, 2005,
through September 1, 2007.
NHTSA is preparing its request to OMB for clearance of the
collections of information associated with this rulemaking. The public
will have a 30-day period to provide comments on NHTSA's proposed
collections when NHTSA's request reaches OMB.
H. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (volume 65, number 70; pages 19477-78), or you may visit
http://dms.dot.gov.
VI. Regulatory Text
List of Subjects in 49 CFR Parts 571, 574, and 575
Imports, Certification, Consumer information, Motor vehicle safety,
Motor vehicles, Rubber and rubber products, and Tires.
0
In consideration of the foregoing, the final rule amending 49 CFR parts
567, 571, 574, 575, and 597, published at 67 FR 69600 (November 18,
2002), as amended at 68 FR 33655 (June 5, 2003) by delaying the
effective date, and further amended at 68 FR 37981 (June 26, 2003), is
further amended by delaying the effective date from September 1, 2004,
to September 1, 2005. In addition, parts 571, 574, and 575 are amended
as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 2011, 30115, 30166 and 30177;
delegation of authority at 49 CFR 1.50.
0
2. Section 571.110 is amended by revising paragraph S4.3, adding
paragraph S4.3.5, and revising Figures 1 and 2 at the end of Sec.
571.110, to read as follows:
Sec. 571.110 Standard No. 110--Tire selection and rims for motor
vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less.
* * * * *
S4.3 Placard. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in S4.3 (a) through (g),
and may show, at the manufacturer's option, the information specified
in S4.3 (h) and (i), on a placard permanently affixed to the driver's
side B-pillar. In each vehicle without a driver's side B-pillar and
with two doors on the driver's side of the vehicle opening in opposite
directions, the placard shall be affixed on the forward edge of the
rear side door. If the above locations do not permit the affixing of a
placard that is legible, visible and prominent, the placard shall be
permanently affixed to the rear edge of the driver's side door. If this
location does not permit the affixing of a placard that is legible,
visible and prominent, the placard shall be affixed to the inward
facing surface of the vehicle next to the driver's seating position.
This information shall be in the English language and conform in color
and format, not including the border surrounding the entire placard, as
shown in the example set forth in Figure 1 in this standard. At the
manufacturer's option, the information specified in S4.3 (c), (d), and,
as appropriate, (h) and (i) may be shown, alternatively to being shown
on the placard, on a tire inflation pressure label which must conform
in color and format, not including the border surrounding the entire
label, as shown in the example set forth in Figure 2 in this standard.
The label shall be permanently affixed and proximate to the placard
required by this paragraph. The information specified in S4.3 (e) shall
be shown on both the vehicle placard and on the tire inflation pressure
label (if such a label is affixed to provide the information specified
in S4.3 (c), (d), and, as appropriate, (h) and (i)) may be shown in the
format and color scheme set forth in Figures 1 and 2.
(a) Vehicle capacity weight expressed as ``The combined weight of
occupants and cargo should never exceed XXX kilograms or XXX pounds'';
(b) Designated seated capacity (expressed in terms of total number
of occupants and number of occupants for each front and rear seat
location);
(c) Vehicle manufacturer's recommended cold tire inflation pressure
for front, rear and spare tires, subject to the limitations of S4.3.4;
(d) Tire size designation, indicated by the headings ``original
tire size'' or ``original size,'' and ``spare tire'' or ``spare,'' for
the tires installed at the time of the first purchase for purposes
other than resale;
(e) On the vehicle placard, ``Tire and Loading Information and, on
the tire inflation pressure label, ``Tire Information'';
(f) ``See Owner's Manual for Additional Information'';
(g) For a vehicle equipped with a non-pneumatic spare tire
assembly, the tire identification code with which that assembly is
labeled pursuant to the requirements of S4.3(a) of 571.129, New Non-
Pneumatic Tires for Passenger Cars;
(h) At the manufacturer's option, a bar code or VIN located
vertically on the right-hand edge of the placard and label; and
[[Page 31318]]
(i) As appropriate, the tire load identification ``XL'' or
``reinforced.''
* * * * *
S4.3.5 Requirements for trailers. Each trailer, except for an
incomplete vehicle, must show the information specified in S4.3 (c)
through (g), and may show the information specified in S4.3 (h) and
(i), on a placard permanently affixed proximate to the certification
label specified in 49 CFR part 567. Additionally, each trailer must on
its placard contain a cargo capacity statement expressed as ``The
weight of cargo should never exceed XXX kilograms or XXX pounds'' in
the same location on the placard specified for the ``vehicle capacity
weight'' statement required by this standard. At the manufacturer's
option, the information specified in S4.3 (c), (d), (h) and (i) may be
shown, alternatively, on a tire inflation pressure label, and conform
in color and format, not including the border surrounding the entire
label, as specified in the example set forth in Figure 2 in this
standard. The label shall be permanently affixed and proximate to the
placard required by this paragraph. The information specified in S4.3
(e) shall be shown on both the vehicle placard and on the tire
inflation pressure label (if such a label is affixed to provide the
information specified in S4.3 (c), (d), (h) and (i)) in the format and
color scheme set forth in Figures 1 and 2.
* * * * *
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TR03JN04.004
[[Page 31319]]
[GRAPHIC] [TIFF OMITTED] TR03JN04.005
BILLING CODE 4910-59-C
0
3. Section 571.117 is amended by revising paragraphs S6.3, S7.1, S7.2
and S7.3 to read as follows:
Sec. 571.117 Standard No. 117; Retreaded pneumatic tires.
* * * * *
S6.3. Labeling. Each retreaded tire shall comply, according to the
phase-in schedule specified in S7 of this standard, with the
requirements of S5.5 and S5.5.1 of Sec. 571.139.
* * * * *
S7.1. Tires retreaded on or after September 1, 2005 and before
September 1, 2006. For tires manufactured on or after September 1, 2005
and before September 1, 2006, the number of tires complying with S6.3
of this standard must be equal to not less than 40% of the retreader's
production during that period.
S7.2. Tires retreaded on or after September 1, 2006 and before
September 1, 2007. For tires manufactured on or after September 1, 2006
and before September 1, 2007, the number of tires complying with S6.3
of this standard must be equal to not less than 70% of the retreader's
production during that period.
S7.3. Tires retreaded on or after September 1, 2007. Each tire must
comply with S6.3 of this standard.
0
4. Section 571.129 is amended by revising paragraphs S4.3, S7.1, S7.2
and S7.3 to read as follows:
Sec. 571.129 Standard No. 129; New non-pneumatic tires for passenger
cars.
* * * * *
S4.3. Labeling requirements. Each new non-pneumatic tire shall
comply, according to the phase-in schedule specified in S7 of this
standard, with the requirements of S5.5 and S5.5.1 of Sec. 571.139.
* * * * *
S7.1. Tires manufactured on or after September 1, 2005 and before
September 1, 2006. For tires manufactured on or after September 1, 2005
and before September 1, 2006, the number of tires complying with S4.3
of this standard must be equal to not less than 40% of the
manufacturer's production during that period.
S7.2. Tires manufactured on or after September 1, 2006 and before
September 1, 2007. For tires manufactured on or after September 1, 2006
and before September 1, 2007, the number of tires complying with S4.3
of this standard must be equal to not less than 70% of the
manufacturer's production during that period.
S7.3. Tires manufactured on or after September 1, 2007. Each tire
must comply with S6.3 of this standard.
0
5. Section 571.139 is amended by revising its heading, S2, S5.5,
S5.5.1, 5.5.4, S7.1, S7.2 and S7.3 to read as follows:
Sec. 571.139 Standard No. 139; New pneumatic radial tires for light
vehicles.
* * * * *
S2. Application. This standard applies to new pneumatic radial
tires for use on motor vehicles (other than
[[Page 31320]]
motorcycles and low speed vehicles) that have a gross vehicle weight
rating (GVWR) of 10,000 pounds or less and that were manufactured after
1975. This standard does not apply to special tires (ST) for trailers
in highway service, tires for use on farm implements (FI) in
agricultural service with intermittent highway use, and tires with rim
diameters of 8 inches and below.
* * * * *
S5.5 Tire Markings. Except as specified in paragraphs (a) through
(h) of S5.5, each tire must be marked on each sidewall with the
information specified in S5.5 (a) through (d) and on one sidewall with
the information specified in S5.5 (e) through (h) according to the
phase-in schedule specified in S7 of this standard. The markings must
be placed between the maximum section width and the bead on at least
one sidewall, unless the maximum section width of the tire is located
in an area that is not more than one-fourth of the distance from the
bead to the shoulder of the tire. If the maximum section width falls
within that area, those markings must appear between the bead and a
point one-half the distance from the bead to the shoulder of the tire,
on at least one sidewall. The markings must be in letters and numerals
not less than 0.078 inches high and raised above or sunk below the tire
surface not less than 0.015 inch.
(a) The symbol DOT, which constitutes a certification that the tire
conforms to applicable Federal motor vehicle safety standards;
(b) The tire size designation as listed in the documents and
publications specified in S4.1.1 of this standard;
(c) The maximum permissible inflation pressure, subject to the
limitations of S5.5.4 through S5.5.6 of this standard;
(d) The maximum load rating;
(e) The generic name of each cord material used in the plies (both
sidewall and tread area) of the tire;
(f) The actual number of plies in the sidewall, and the actual
number of plies in the tread area, if different;
(g) The term ``tubeless'' or ``tube type,'' as applicable; and
(h) The word ``radial,'' if the tire is a radial ply tire.
S5.5.1 Tire identification number.
(a) Tires manufactured before September 1, 2009. Each tire must be
labeled with the tire identification number required by 49 CFR part 574
on a sidewall of the tire. Except for retreaded tires, either the tire
identification number or a partial tire identification number,
containing all characters in the tire identification number, except for
the date code and, at the discretion of the manufacturer, any optional
code, must be labeled on the other sidewall of the tire.
(b) Tires manufactured on or after September 1, 2009. Each tire
must be labeled with the tire identification number required by 49 CFR
part 574 on the intended outboard sidewall of the tire. Except for
retreaded tires, either the tire identification number or a partial
tire identification number, containing all characters in the tire
identification number, except for the date code and, at the discretion
of the manufacturer, any optional code, must be labeled on the other
sidewall of the tire. Except for retreaded tires, if a tire does not
have an intended outboard sidewall, the tire must be labeled with the
tire identification number required by 49 CFR part 574 on one sidewall
and with either the tire identification number or a partial tire
identification number, containing all characters in the tire
identification number except for the date code and, at the discretion
of the manufacturer, any optional code, on the other sidewall.
* * * * *
S5.5.4 For passenger car tires, if the maximum inflation pressure
of a tire is 240, 280, 290, 300, 330, 340, 350 or 390 kPa, then:
(a) Each marking of that inflation pressure pursuant to S5.5(c)
must be followed in parenthesis by the equivalent psi, rounded to the
next higher whole number; and
(b) Each marking of the tire's maximum load rating pursuant to
S5.5(d) in kilograms must be followed in parenthesis by the equivalent
load rating in pounds, rounded to the nearest whole number.
* * * * *
S7.1 Tires manufactured on or after September 1, 2005 and before
September 1, 2006. For tires manufactured on or after September 1, 2005
and before September 1, 2006, the number of tires complying with S4,
S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this
standard must be equal to not less than 40% of the manufacturer's
production during that period.
S7.2 Tires manufactured on or after September 1, 2006 and before
September 1, 2007. For tires manufactured on or after September 1, 2006
and before September 1, 2007, the number of tires complying with S4,
S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this
standard must be equal to not less than 70% of the manufacturer's
production during that period.
S7.3 Tires manufactured on or after September 1, 2007. Each tire
must comply with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and
S5.5.6 of this standard.
PART 574--TIRE IDENTIFICATION AND RECORDKEEPING
0
6. The authority citation for 49 CFR part 574 continues to read as
follows:
Authority: 15 U.S.C. 1392, 1401, 1403, 1407, 1411-1420, 1421;
delegation of authority at CFR 1.50.
0
7. Section 574.5 is amended by revising paragraph (d) to read as
follows:
Sec. 574.5 Tire identification requirements.
* * * * *
(d) Fourth grouping. The fourth grouping, consisting of four
numerical symbols, must identify the week and year of manufacture. The
first two symbols must identify the week of the year by using ``01''
for the first full calendar week in each year, ``02'' for the second
full calendar week, and so on. The calendar week runs from Sunday
through the following Saturday. The final week of each year may include
not more than 6 days of the following year. The third and fourth
symbols must identify the year. Example: 0101 means the 1st week of
2001, or the week beginning Sunday, January 7, 2001, and ending
Saturday, January 13, 2001. The symbols signifying the date of
manufacture shall immediately follow the optional descriptive code
(paragraph (c) of this section). If no optional descriptive code is
used, the symbols signifying the date of manufacture must be placed in
the area shown in Figures 1 and 2 of this section for the optional
descriptive code.
* * * * *
PART 575--CONSUMER INFORMATION
0
8. The authority citation for part 575 continues to read as follows:
Authority: 15 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at CFR 1.50.
0
9. Section 575.6 is amended by revising paragraphs (a)(4) introductory
text and (a)(5) to read as follows:
Sec. 575.6 Requirements.
* * * * *
(a) * * *
(4) When a motor vehicle that has a GVWR of 10,000 pounds or less,
except a motorcycle or low speed vehicle, and that is manufactured on
or after
[[Page 31321]]
September 1, 2005, is delivered to the first purchaser for purposes
other than resale, the manufacturer shall provide to the purchaser, in
writing in the English language and not less than 10 point type, a
discussion of the items specified in paragraphs (a)(4)(i) through (v)
of this section in the owner's manual, or, if there is no owner's
manual, in a document:
* * * * *
(5) When a motor vehicle that has a GVWR of 10,000 pounds or less,
except a motorcycle or low speed vehicle, and that is manufactured on
or after September 1, 2005, is delivered to the first purchaser for
purposes other than resale, the manufacturer shall provide to the
purchaser, in writing in the English language and not less than 10
point type, the following verbatim statement, as applicable, in the
owner's manual, or, if there is no owner's manual, in a document:
(i) For vehicles except trailers: ``Steps for Determining Correct
Load Limit--
(1) Locate the statement ``The combined weight of occupants and
cargo should never exceed XXX kg or XXX lbs.'' on your vehicle's
placard.
(2) Determine the combined weight of the driver and passengers that
will be riding in your vehicle.
(3) Subtract the combined weight of the driver and passengers from
XXX kg or XXX lbs.
(4) The resulting figure equals the available amount of cargo and
luggage load capacity. For example, if the ``XXX'' amount equals 1400
lbs. and there will be five 150 lb passengers in your vehicle, the
amount of available cargo and luggage load capacity is 650 lbs. (1400-
750 (5 x 150) = 650 lbs.)
(5) Determine the combined weight of luggage and cargo being loaded
on the vehicle. That weight may not safely exceed the available cargo
and luggage load capacity calculated in Step 4.
(6) If your vehicle will be towing a trailer, load from your
trailer will be transferred to your vehicle. Consult this manual to
determine how this reduces the available cargo and luggage load
capacity of your vehicle.''
(ii) For trailers: ``Steps for Determining Correct Load Limit--
(1) Locate the statement ``The weight of cargo should never exceed
XXX kg or XXX lbs.'' on your vehicle's placard.
(2) This figure equals the available amount of cargo and luggage
load capacity.''
(3) Determine the combined weight of luggage and cargo being loaded
on the vehicle. That weight may not safely exceed the available cargo
and luggage load capacity.
PART 597--TIRES FOR MOTOR VEHICLES WITH A GVWR OF 10,000 POUNDS OR
LESS PHASE-IN REPORTING REQUIREMENTS
0
10. The authority citation for part 597 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at CFR 1.50.
0
11. Section 597.6 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 597.6 Reporting requirements.
(a) General reporting requirements. Within 60 days after the end of
the production years ending August 31, 2006 and August 31, 2007, each
manufacturer shall submit a report to the National Highway Traffic
Safety Administration concerning its compliance with Standard No. 139
(49 CFR 571.139) for its tires produced in that year for motor vehicles
with a GVWR of 10,000 pounds or less. * * *
* * * * *
Issued: May 20, 2004.
Jeffrey W. Runge,
Administrator.
[FR Doc. 04-11963 Filed 6-2-04; 8:45 am]
BILLING CODE 4910-59-P