Federal Motor Vehicle Safety Standards, New Pneumatic Tires; Consumer Information Regulations Uniform Tire Quality Grading Standards

Federal Motor Vehicle Safety Standards, New Pneumatic Tires; Consumer Information Regulations Uniform Tire Quality Grading Standards

Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards

Federal Motor Vehicle Safety Standards, New Pneumatic Tires; Consumer Information Regulations Uniform Tire Quality Grading Standards

Christopher A. Hart
Federal Register
August 1, 1994

[Federal Register: August 1, 1994]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 575

[Docket No. 93-81, Notice 02]
RIN No. 2127-AE70

Federal Motor Vehicle Safety Standards, New Pneumatic Tires;
Consumer Information Regulations Uniform Tire Quality Grading Standards

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule amends Federal Motor Vehicle Safety Standard No.
109, New Pneumatic Tires, and the Uniform Tire Quality Grading
Standards, to permit the manufacture and sale of tires having a maximum
tire inflation pressure of 350 kiloPascals (kPa) (51 pounds per square
inch (psi)). Tires having a maximum tire inflation pressure of 350 kPa
have reduced rolling resistance, which can increase the energy
efficiency of vehicles. Today's rule permits the manufacture and sale
of 350 kPa tires for use on all passenger cars, including electric and
other energy-efficient vehicles. This amendment responds to a petition
for rulemaking submitted by the Rubber Manufacturers Association.

DATES: The amendment promulgated by this final rule will become
effective on August 31, 1994.
Any petitions for reconsideration must be received by NHTSA not
later than August 31, 1994.

ADDRESSES: Any petitions for reconsideration should refer to the docket
and notice numbers of this notice as shown above and be submitted to:
Docket Section, National Highway Traffic Safety Administration, 400
Seventh Street, SW, room 5109, Washington, DC 20590. Docket room hours
are from 9:30 a.m. to 4:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Cook, Office of Vehicle
Safety Standards, National Highway Traffic Safety Administration, 400
Seventh Street, SW, Room 5307, Washington, DC 20590. Telephone (202)
366-4803.

SUPPLEMENTARY INFORMATION:

Introduction

This rule amends Federal Motor Vehicle Safety Standard No. 109, New
Pneumatic Tires, 49 CFR Sec. 571.109, and the Uniform Tire Quality
Grading Standards (UTQGS), 49 CFR Sec. 575.104, to permit the
manufacture and sale of tires that have a maximum tire inflation
pressure of 350 kiloPascals (kPa) (51 pounds per square inch (psi)).
This rule follows a notice of proposed rulemaking (NPRM) published on
November 8, 1993 (58 FR 59226). The amendments adopted today are
substantially similar to those proposed in the NPRM, except that the
NPRM would have limited the 350 kPa maximum tire pressure only to tires
for use on energy efficient vehicles. This rule does not adopt that
limitation.

Background

Safety Standard No. 109 specifies requirements for passenger car
tires for strength, endurance, high speed performance, and bead
unseating resistance. In addition, the standard defines tire load
ratings and specifies dimensions, maximum inflation pressures, and
labeling requirements.
Pertinent to maximum tire inflation pressures, S4.2.1(b) of the
standard provides that for other than CT tires,^{1 tires must have
one of the following maximum inflation pressures: 240, 280, 290, 300,
330, or 340 kPa or 32, 36, 40, or 60 psi. The effect of S4.2.1(b) is to
proscribe maximum inflation pressures other than the ones listed. Also,
a manufacturer's selection of a maximum inflation pressure for a given
tire has the effect of determining the pressure at which that tire will
be tested for compliance. For each permissible maximum pressure, Table
II of Standard No. 109 specifies pressures at which compliance tests
will be conducted. NHTSA believes that limiting the permissible maximum
pressures to the ones listed reduces the likelihood that tires of the
same size and with one maximum load value but with two different
maximum permissible inflation pressures will be installed on the same
vehicle. Such ``intermixing'' of tires of different maximum inflation
pressures can result in significant vehicle handling and stability
problems.
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\1\CT tires are pneumatic tires with an inverted flange tire and
rim system in which the rim flanges point radially inward and the
tire beads fit on the underside of the rim such that the rim flanges
are inside the air cavity of the tire.
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The UTQGS require motor vehicle and tire manufacturers and tire
brand name owners to label passenger car tires with information about
the relative performance of the tires in the areas of treadwear,
traction, and temperature resistance. Table I of the UTQGS specifies
maximum permissible inflation pressures for treadwear and temperature
resistance testing, while Table 2 sets forth the multipliers
corresponding to the tire's maximum inflation pressure for treadwear
and traction testing. Both tables provide for a maximum inflation
pressure of 350 kPa, but for CT tires only.
The Rubber Manufacturers Association (RMA) submitted a petition for
rulemaking to amend Standard No. 109 and the UTQGS to permit a maximum
inflation pressure of 350 kPa (51 psi). RMA stated that the additional
inflation pressure of 350 kPa would contribute to the development of
electric and other energy-efficient vehicles because of the lower
rolling resistance of tires with higher inflation pressures. RMA stated
that domestic evaluation of 350 kPa tires, as well as experience with
such tires in Europe where this inflation level has been standard
practice, alleviated any concern about tire intermix, that is, mixing
tires inflated to 350 kPa with tires of lower inflation pressure on the
same vehicle.
NHTSA granted the RMA petition and issued a notice of proposed
rulemaking (NPRM) on November 8, 1993 (58 FR 59226). While RMA did not
suggest limiting the 350 kPa inflation pressure to energy-efficient
vehicles, the agency proposed to add 350 kPa to the maximum permissible
inflation pressures specified in Standard No. 109 and the UTQGS only
for tires for use on electric and other energy-efficient vehicles. The
basis for that limitation was information known by NHTSA relating to an
earlier petition from Goodyear Tire and Rubber Company (Goodyear).
In that petition, Goodyear asked NHTSA to increase the maximum
permissible inflation pressure of tires to 450 kPa (65 psi). At that
time, Goodyear, in cooperation with General Motors and the Tire and Rim
Association, was developing an ``E-metric'' tire designed specifically
for use on energy-efficient alternative fuel vehicles. Goodyear
asserted that the higher inflation pressure was necessary to enable E-
metric vehicles to achieve maximum fuel efficiency by reducing rolling
resistance. During development, however, test data indicated vehicle
handling and stability problems when E-metric and conventional tires
were intermixed on the same vehicle, especially on conventional
vehicles. Goodyear subsequently withdrew its petition.
Because of Goodyear's experience with the E-metric tire, the agency
expressed continuing concern in the NPRM about the tire intermix
problem and observed that energy-efficient vehicles are still in the
developmental stage, as are the tires designed for use on them. NHTSA
further stated that such tires will require designs different than
conventional tires already in use, such as ultra-low rolling resistance
accomplished by higher inflation pressures, lower tire/wheel system
mass, and reduced tire deflection. The agency expressed concern that
the Goodyear tests showed handling and stability problems when E-metric
tires were intermixed with conventional tires on energy-efficient and
other vehicles. Thus, the agency proposed to permit 350 kPa as a
maximum inflation pressure, but only for electric and other energy-
efficient vehicles.
To permit 350 kPa tires for electric and other energy-efficient
vehicles, NHTSA proposed amending the portions of Standard No. 109 and
the UTQGS that directly or indirectly limited the maximum permissible
inflation pressure of 350 kPa to CT tires. NHTSA proposed amending
Standard No. 109's general performance requirements (S4.2.1) to include
350 kPa as a maximum permissible inflation pressure, and the standard's
Table I-C and Table II of Appendix A. Table I-C specifies minimum
``breaking energy'' for radial ply tires (i.e., the resistance of the
tire to bruise or damage due to impact of the tire with road hazards).
Table II specifies the inflation pressure that NHTSA will use to test a
particular tire to the various performance requirements of Standard No.
109. Tables I-C and Table II currently specify values for 350 kPa CT
tires. NHTSA proposed to use those same values for 350 kPa tires for
electric and other energy-efficient vehicles.^{2
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\2\The NPRM also proposed to amend S4.2.2.2(b) of Standard No.
109, to provide a metric conversion for an English unit used in that
paragraph.
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Similarly, NHTSA proposed to amend Table 1 and Table 2 of the UTQGS
(49 CFR Sec. 575.104) to specify values for test inflation pressures
(Table 1) and for the multiplier used for treadwear and traction
testing (Table 2) for 350 kPa tires for electric and other energy-
efficient vehicles. The proposed values were the ones currently used to
test 350 kPa CT tires.
NHTSA received comments to the NPRM from petitioner RMA, Chrysler
Corporation and General Motors Corporation. All the commenters were
generally supportive of the proposal. RMA and GM opposed permitting 350
kPa tires only for electric and other energy-efficient vehicles, while
Chrysler said it could not comment on the issue.

Amendments

NHTSA has decided to permit the addition of 350 kPa to the tables
of Standard No. 109 and the UTQGS without limitation as to types of
vehicles or tires to which it may apply.
In its comment opposing the proposal to limit the 350 kPa inflation
rate to tires for electric or other energy-efficient vehicles, RMA
argued that the agency's concerns about tire intermix problems and the
design modifications required for energy-efficient vehicles were all
based on the development of 450 kPa (65 psi) tires and not on 350 kPa
tires. RMA acknowledged that test data showed some handling and
stability problems when 450 kPa (65 psi) tires were intermixed with 240
kPa (35 psi) tires, but asserted that there were as many cases where
the handling and stability of vehicles with such intermix were
satisfactory. RMA argued that design modifications have routinely been
made through the years to advance the state of the art, particularly in
the areas of treadwear, traction, and temperature resistance, and
asserted that conventional tires with conventional designs and compound
characteristics are suitable for use at 350 kPa. RMA further stated
that a large majority of the countries of the world have allowed 350
kPa maximum inflation pressure, and that 350 kPa tires may also use low
rolling resistance compounds. That is so common, in fact, that low
rolling resistance compounds can be considered as conventional
compounds.
RMA submitted with its comments certain test data obtained from
running a slalom course with tires from 3 different tire manufacturers
using inflation pressures varying from 240 kPa (35 psi) to 350 kPa. RMA
also attached test data from a test in which tires from 3 different
manufacturers were tested in 18 different combinations of pressure and
brand intermixing. RMA asserted that both tests showed that the
intermixing of the different inflation pressures had less effect on the
vehicles' handling and stability than changing from one brand of tires
to another. In all combinations, however, vehicle handling and
stability were considered satisfactory. RMA emphasized that the only
test data that indicates any possibility of intermix problems involves
450 kPa (65 psi) tires, and that there were no test data indicating any
intermix problems involving 350 kPa tires.
GM questioned the proposal to limit the addition of 350 kPa maximum
inflation pressure to Standard No. 109 and the UTQGS to energy-
efficient vehicles. GM stated that the NPRM did not define ``energy-
efficient'' and stated that GM did not know how such a limitation could
be applied without one. GM suggested, however, that reduced rolling
resistance tires could offer fuel economy improvements to vehicles that
are not normally considered energy-efficient. Thus, such a limitation
might not be in the interest of increasing fuel economy in the nation's
motor vehicle fleet. GM did not address the intermix issue with which
NHTSA was concerned because of the lack of the necessary data.
Based on the submissions of the commenters, NHTSA has decided to
permit the addition of 350 kPa to the tables of Standard No. 109 and
the UTQGS without limitation as to types of vehicles or tires to which
it may apply.
The agency was persuaded by the comments of RMA that the problems
with handling and stability of vehicles due to the intermixing of high
inflation pressure tires and conventional tires were based on the
intermix of 450 kPa (65 psi) tires and not 350 kPa tires. RMA
acknowledged that Goodyear encountered such problems when developing
450 kPa tires, but correctly pointed out that there is no existing data
tending to show any intermix problems involving 350 kPa tires and
conventional tires. Indeed, the test data submitted by RMA with its
petition indicates that no problem with the intermix of 350 kPa tires
with conventional tires was experienced during the conduct of those
tests. Rather, the tests showed relatively greater handling and
stability problems with intermix of tire brands than with intermix of
inflation pressures.
Based on the RMA comments, NHTSA is satisfied that intermix of 350
kPa tires with other conventional tires would pose no significant
problem with vehicle handling and stability. Thus, there is not a
sufficient basis for limiting the 350 kPa maximum tire inflation
pressure to electric or other energy-efficient vehicles. Accordingly,
this final rule approves the addition of a maximum inflation pressure
of 350 kPa to Standard No. 109 and the UTQGS, without restriction as to
vehicle or tire types to which it may apply. The proposed values for
testing these tires are also adopted.
The unrestricted approval of a 350 kPa maximum tire inflation
pressure for Standard No. 109 and the UTQGS is consistent with another
NHTSA initiative. The agency issued a Request for Comments, published
in the Federal Register on April 25, 1994 (59 FR 19686), to explore
ways to amend the UTQGS to make the UTQGS more meaningful to the tire-
buying public. One of the primary goals in that effort is the creation
of a new category for rating tire rolling resistance in aftermarket
tires.
In addition, the President's Climate Change Action Plan, issued
October 19, 1993, requires DOT, through NHTSA, to issue rules requiring
manufacturers to test and label tires relative to their impacts on fuel
economy through improvements in rolling resistance. The agency believes
that that mandate can be implemented by a combination of tire compounds
and increased inflation pressures in reducing rolling resistance,
especially of aftermarket tires. NHTSA believes, therefore, that adding
a 350 kPa maximum inflation pressure to Standard No. 109 and the UTQGS
will be a step toward realizing the goal of improved rolling resistance
and the corresponding conservation of the nation's natural resources.

Effective Date

49 U.S.C. 30111(d) provides that each order prescribing a federal
motor vehicle safety standard may not become effective before the 180th
day after the standard is prescribed unless, for good cause shown, a
different effective date is in the public interest. Since the
amendments effected by this final rule provide tire manufacturers an
additional option, and therefore greater flexibility, in meeting the
requirements of Standard No. 109 and the UTQGS, NHTSA believes that the
public interest would be served by not delaying the addition of a 350
kPa maximum tire inflation pressure to Standard No. 109 and the UTQGS.
Accordingly, NHTSA has determined that there is good cause to establish
an effective 30 days after publication of this final rule in the
Federal Register.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' The agency has considered the
impact of this rulemaking action under the Department of
Transportation's regulatory policies and procedures, and has determined
that it is not ``significant'' under them.
This rulemaking action simply provides an additional maximum tire
inflation pressure to Standard No. 109 and the UTQGS. The additional
costs to manufacturers should be minuscule, if any, since these
amendments merely provide manufacturers another voluntary option in
meeting the requirements of Standard 109 and the UTQGS. Accordingly, a
full regulatory evaluation is not required.

Regulatory Flexibility Act

NHTSA has considered the effects of this regulatory action under
the Regulatory Flexibility Act. I hereby certify that the amendments
promulgated by this final rule will not have a significant economic
impact on a substantial number of small entities. Accordingly, the
agency has not prepared a regulatory flexibility analysis.
The agency believes that few, if any, tire manufacturers qualify as
small businesses. Further, since no additional costs or price changes
should be associated with this action, small businesses, small
organizations and small government entities will not be affected in
their respective capacities as purchasers of new tires.

Executive Order 12612 (Federalism)

This rulemaking action has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612, and the
agency has determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.

National Environmental Policy Act

NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980, P.L. 96-
511, the agency notes that there are no information collection
requirements associated with this rulemaking action.

Civil Justice Reform

This rule does not have any retroactive effect. Under 49 U.S.C.
30103(b), whenever a Federal motor vehicle safety standard is in
effect, a state or political subdivision may prescribe or continue in
effect a standard applicable to the same aspect of performance of a
motor vehicle only if the standard is identical to the Federal
standard. However, a state may prescribe a standard for a motor vehicle
or equipment obtained for its own use that imposes a higher performance
requirement than the Federal standard. 49 U.S.C. 30161 sets forth a
procedure for judicial review of final rules establishing, amending or
revoking Federal motor vehicle safety standards. A petition for
reconsideration or other administrative proceedings is not required
before parties may file suit in court.

List of Subjects

49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.

49 CFR Part 575

Consumer protection, Labeling, Motor vehicle safety, Motor
vehicles, Rubber and rubber products, Tires.

In consideration of the foregoing, 49 CFR Parts 571 and 575 are
amended as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571 is revised to read as
follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.

2. Section 571.109 is amended by revising S4.2.1(b) and
S4.2.2.2(b), and by revising Table I-C and Table II of Appendix A, to
read as follows:

Sec. 571.109 Standard 109; new pneumatic tires.

* * * * *
S4.2.1 * * *
(b) Its maximum permissible inflation pressure shall be either 32,
36, 40, or 60 psi, or 240, 280, 300, 340, or 350 kPa. For a CT tire,
the maximum permissible inflation pressure shall be either 290, 330,
350, or 390 kPa.
* * * * *
Sec. 4.2.2.2 * * *
(b) (For tires with a maximum permissible inflation pressure of
240, 280, 290, 300, 330, 350 or 390 kPa, or 60 psi) 7 percent or 10 mm
(0.4 inches), whichever is larger.
* * * * *
3. Table I-C of Appendix A to Sec. 571.109 is revised to read as
follows:

Appendix A--Federal Motor Vehicle Safety Standard No. 109

* * * * *

Table I-C.--For Radial Ply Tires
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Maximum Permissible Inflation
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Tires other than CT tires CT Tires
Size Designation -----------------------------------------------------------------------------------------------------------
psi kPa kPa
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32 36 40 240 280 300 340 350 290 330 350 390
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Below 160mm (in-lbs)........................ 1,950 2,925 3,900 1,950 3,900 1,950 3,900 1,950 1,950 3,900 1,950 3,900
160mm or above (in-lbs)..................... 2,600 3,900 5,200 2,600 5,200 2,600 5,200 2,600 2,600 5,200 2,600 5,200
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* * * * *
4. Table II of Appendix A to Sec. 571.109 is revised to read as
follows:
* * * * *

Table II.--Test Inflation Pressures
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Maximum permissible inflation pressure to be used for the following test:
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Tires other than CT tires CT Tires
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Test Type psi kPa kPa
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32 36 40 60 240 280 300 340 350 290 330 350 390
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Physical dimensions, bead unseating, tire
strength, and tire endurance................... 24 28 32 52 180 220 180 220 230 230 270 230 270
High speed performance.......................... 30 34 38 58 220 260 220 260 270 270 310 270 310
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PART 575--CONSUMER INFORMATION REGULATIONS

1. The authority citation for Part 575 is revised to read as
follows:

Authority: 49 U.S.C. 322, 30111, and 30123; delegation of
authority at 49 CFR 1.50.

2. Section 575.104(g) is amended by revising Table 1 as follows:

Sec. 575.104 Uniform tire quality grading standards.

* * * * *
(g) * * *

Table I.--Test Inflation Pressures
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Maximum permissible inflation pressure for the following test:
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Tires other than CT tires CT Tires
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Test Type psi kPa kPa
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32 36 40 60 240 280 300 340 350 290 330 350 390
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Treadwear test.................................. 24 28 32 52 180 220 180 220 230 230 270 230 270
Temperature resistant test...................... 30 34 38 58 220 260 220 260 270 270 310 270 310
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* * * * *

Sec. 575.104 [Amended]

3. Section 575.104(h) is amended by revising Table 2 as follows:
* * * * *
(h) * * *

Table 2
------------------------------------------------------------------------
Multiplier Multiplier
to be used to be used
Maximum inflation pressure for for
treadwear traction
testing testing
------------------------------------------------------------------------
Tires other than CT tires

------------------------------------------------------------------------
32 psi.......................................... .851 .851
36 psi.......................................... .870 .797
40 psi.......................................... .883 .753
240 kPa......................................... .866 .866
280 kPa......................................... .887 .804
300 kPa......................................... .866 .866
340 kPa......................................... .887 .804
350 kPa......................................... .866 .866

------------------------------------------------------------------------
CT tires

------------------------------------------------------------------------
290 kPa......................................... .866 .866
330 kPa......................................... .887 .804
305 kPa......................................... .866 .866
390 kPa......................................... .887 ,804
------------------------------------------------------------------------

* * * * *
Issued on July 22,1994.
Christopher A. Hart,
Deputy Administrator.
[FR Doc. 94-18513 Filed 7-29-94; 8:45 am]
BILLING CODE 4910-59-P}}