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