[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Rules and Regulations]
[Pages 8202-8204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3487]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
[Docket No. 94-53, Notice 02]
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: Final rule.
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SUMMARY: In this final rule, NHTSA amends the labeling requirements of
the safety standard for new passenger car pneumatic tires by permitting
tires whose maximum inflation pressure is 60 pounds per square inch
(psi) to be labeled in metric measurements: ``Inflate to 420 kPa (60
psi).'' This final rule would further international harmonization of
standards. NHTSA takes this action in response to a petition for
rulemaking from the Japan Automobile Tire Manufacturers' Association.
DATES: This final rule is effective March 15, 1995. Petitions for
reconsideration of this final rule must be received not later than
March 15, 1995.
ADDRESSES: Petitions for reconsideration of this final rule should
refer to the docket and notice number cited in the heading of this
final rule and be submitted to: Administrator, National Highway Traffic
Safety Administration, 400 Seventh Street SW., Washington, DC 20590. It
is requested, but not required, that 10 copies be submitted.
FOR FURTHER INFORMATION CONTACT: Ms. Terri Droneburg, Office of Vehicle
Safety Standards, National Highway Traffic Safety Administration, 400
Seventh Street SW., Room 5307, Washington, DC 20590. Ms. Droneburg's
telephone number is: (202) 366-6171.
SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standard No.
109, New Pneumatic Tires (Std. No. 109), requires passenger car tires
to be labeled with important safety information, including tire size,
construction, and inflation pressure. S4.3.5 of the standard provides
that if the maximum inflation pressure of a tire is 60 pounds per
square inch (psi), the words ``Inflate to 60 psi'' shall be molded on
both sidewalls of the tire.
The Japan Automobile Tire Manufacturers' Association (JATMA)
petitioned NHTSA, suggesting that S4.3.5 should be amended to 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, tire manufacturers would be
able to mark tires for both the Japanese and U.S. markets. NHTSA
granted the petition by letter dated January 7, 1994.
Notice of Proposed Rulemaking
On July 5, 1994, NHTSA published in the Federal Register (59 FR
34405) a notice of proposed rulemaking (NPRM) proposing to make JATMA's
requested changes to Std. No. 109. NHTSA noted that the changes, if
made final, would be consistent with the requirement of section 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 stated its belief that
allowing metric units on tires would further the international
harmonization of standards. Common sizing for international markets
would facilitate [[Page 8203]] the manufacture of products, and could
ultimately result in products sold at lower prices. NHTSA 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. Thus, NHTSA tentatively concluded there
was no safety reason to preclude permitting JATMA's requested metric
labeling.
In the NPRM, NHTSA also proposed to correct a typographical error
in S4.3 of Std. No. 109. The first sentence of S4.3 provides that each
tire shall have the information ``shown in paragraphs (a) and (g)'' of
S4.3. The word ``and'' in that phrase should read ``through,'' and
NHTSA proposed to make the correction in the regulatory text.
Final Rule
In response to the NPRM, NHTSA received one comment. That comment
came from the Rubber Manufacturers Association (RMA), on behalf of
domestic tire manufacturers. The RMA stated that it favored adoption of
the proposed changes to Std. No. 109. Since NHTSA received only one
comment on the NPRM, and that comment favored adoption of the proposal,
NHTSA adopts as final the regulatory text proposed in the NPRM.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule was not reviewed under E.O. 12866, ``Regulatory
Planning and Review.'' 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 Std. No. 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 since the costs of
complying with the changes in this final rule are minimal, preparation
of a full regulatory evaluation is not warranted.
B. Regulatory Flexibility Act
NHTSA has considered the impacts of this rulemaking action under
the Regulatory Flexibility Act. I hereby certify that this final rule
would not have a significant economic impact on a substantial number of
small entities. Accordingly, the agency has not prepared a final
regulatory flexibility analysis. The rationale for this certification
is that the agency believes that few, if any, of the tire manufacturers
which would be affected by this final rule qualify as small businesses.
Small businesses, small organizations and small governmental units
could be affected by the final rule to the extent that they may
purchase new tires subject to the new requirements. 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 final rule 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. Paperwork Reduction Act
Certain provisions in this final rule that permit manufacturers to
mark metric measurements on tires, are considered to be information
collection requirements, as that term is defined by the Office of
Management and Budget (OMB), in 5 CFR part 1320. The information
collection requirements have been submitted to and approved by OMB.
This collection of information has been assigned OMB Control Number
2127-0503 (Consolidated labeling requirements for tires and rims) and
has been approved for use through November 30, 1995.
F. Civil Justice Reform
This final rule would not have any retroactive effect. Under 49
U.S.C. section 30103, 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. 49 U.S.C. section 30161 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.
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 is amended as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for Part 571 continues 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 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 Standards 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 [[Page 8204]] this
standard or in Standard No. 110 (Sec. 571.110 of this part).
* * * * *
Issued on: February 3, 1995.
Christopher A. Hart,
Deputy Administrator.
[FR Doc. 95-3487 Filed 2-10-95; 8:45 am]
BILLING CODE 4910-59-P