[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Proposed Rules]
[Pages 43563-43570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17813]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2019-0074]
RIN 2127-AL87


Federal Motor Vehicle Safety Standards; Technical Corrections and 
Clarifications Related to Tires and Rims

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes amendments to Federal Motor Vehicle 
Standard (FMVSS) No. 109 in response to a petition from the Tire and 
Rim Association to clarify the applicability of the FMVSSs to certain 
types of tires intended for use on trailers. Based on a review of prior 
amendments to FMVSS Nos. 109 and 119, NHTSA concludes that it 
inadvertently made these tires subject to both FMVSS Nos. 109 and 119, 
when it was the agency's intent to make them subject only to FMVSS No. 
119. This document also proposes nonsubstantive technical corrections 
to tire and rim regulations.

DATES: Submit comments on or before September 20, 2019.

ADDRESSES: You may submit comments electronically to the docket 
identified in the heading of this document by visiting the following 
website:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Alternatively, you can file comments using the following methods:
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, you should mention the 
docket number identified in the heading of this document.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the Supplementary Information section of this 
document. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, to www.regulations.gov, as 
described in the system of records notice, DOT/ALL-14 FDMS, accessible 
through www.dot.gov/privacy. In order to facilitate comment tracking 
and response, we encourage commenters to provide their name, or the 
name of their organization; however, submission of names is completely 
optional. Whether or not commenters identify themselves, all timely 
comments will be fully considered. If you wish to provide comments 
containing proprietary or confidential information, please contact the 
agency for alternate submission instructions.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Follow the online 
instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: David Jasinski, Office of the Chief 
Counsel, by telephone at (202) 366-2992, and by fax at (202) 366-3820. 
You may send mail to this official at the National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Tire & Rim Association Petition and Background

    On June 26, 2003, the agency published a final rule amending 
several Federal Motor Vehicle Safety Standards (FMVSSs) related to 
tires and rims.\1\ That rulemaking was completed as part of a 
comprehensive upgrade of existing safety standards and the 
establishment of new safety standards to improve tire safety, as 
required by the Transportation Recall Enhancement, Accountability, and 
Documentation (TREAD) Act of 2000. That final rule included extensive 
revisions to the tire standards and to the rim and labeling 
requirements for motor vehicles.
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    \1\ 68 FR 38116.
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    The June 2003 final rule established a new FMVSS No. 139 to provide 
upgraded requirements for tires for passenger cars and light trucks. In 
addition, the final rule changed the applicability of FMVSS No. 109 and 
FMVSS No. 119. Previously, FMVSS No. 109 applied solely to tires for 
passenger cars and FMVSS No. 119 applied to tires for all other 
vehicles. The June 2003 final rule made FMVSS No. 109 applicable to 
bias-ply tires and tires for use on light vehicles (those with a GVWR 
of 10,000 lb. or lower) and made FMVSS No. 119 applicable to tires used 
on motorcycles and heavy vehicles (those with a GVWR of over 10,000 
lb.) The requirements set forth in the June 2003 final rule were set to 
become effective on June 1, 2007.
    NHTSA received petitions for reconsideration of the June 2003 final 
rule from eight petitioners addressing 18 different issues. In a 
January 6, 2006 final rule, NHTSA responded to these petitions.\2\ 
Pertinent to this rulemaking, we received petitions to amend the 
applicability section of FMVSS No. 119 to indicate that it applies to 
Special Trailer (ST), Farm Implement (FI), and tires with rim diameter 
code of 12 and below (hereinafter collectively referred to as 
``specialty tires''). In the June 2003 final rule, NHTSA had excluded 
specialty tires from FMVSS No. 139 and indicated they would remain 
subject to FMVSS No. 109 and FMVSS No. 119. However, the petitioners 
indicated that specialty tires have been and should remain subject only 
to FMVSS No. 119 because they are not used on passenger cars.
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    \2\ 71 FR 877.
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    In response to the petitions, NHTSA amended the application 
sections of FMVSS Nos. 109, 119, and 139 in order

[[Page 43564]]

to clarify that specialty tires are subject to the requirements of 
FMVSS No. 119. The January 2006 final rule also delayed the effective 
date for these requirements to September 1, 2007.
    NHTSA received a petition for reconsideration of the January 2006 
final rule and issued a final rule on August 28, 2007 to respond to 
this petition.\3\ Although NHTSA denied the petition, it made a number 
of technical corrections. Although the change was not discussed in the 
preamble, NHTSA amended the ``Application'' section of FMVSS No. 109 to 
add specialty tires. NHTSA made no changes to the applicability of 
FMVSS No. 119. Thus, as a result, both FMVSS No. 109 and FMVSS No. 119 
applied to specialty tires.
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    \3\ 72 FR 49207.
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    In June 2013, TRA submitted a petition for rulemaking requesting 
that NHTSA clarify specialty tires are subject to the requirements of 
FMVSS No. 119 and not those in FMVSS No. 109.\4\ Specifically, TRA 
requested three actions:
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    \4\ See Docket No. NHTSA-2013-0004.
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    1. Remove from the title and main test of FMVSS No. 109 all 
references to specialty tires.
    2. Add to the title of FMVSS No. 119 a reference to ``specialty 
tires.''
    3. Add appropriate values to Table III of FMVSS No. 119 to account 
for specialty tires in load ranges A through E.
    TRA reasoned that NHTSA had already agreed to the substance of this 
petition when it determined in the January 2006 final rule that it 
would clarify that specialty tires were subject to the requirements of 
FMVSS No. 119. However, TRA stated, in August 2007, NHTSA reinserted 
specialty tires into FMVSS No. 109 without explanation while still 
keeping them subject to FMVSS No. 119. TRA believes that this change 
was inadvertent.
    TRA stated that the inclusion of specialty tires in FMVSS No. 109 
sets up impossible test conditions. FMVSS No. 109 specifies tire 
strength requirements that are tested using a plunger test. The test 
conditions are based on the maximum inflation pressure of the tire. 
However, the inflation pressure values specified in FMVSS No. 109 do 
not cover all of the maximum inflation pressures for specialty tires 
that are subject to the standard. In contrast, FMVSS No. 119 previously 
specified test conditions according to load range designations. This 
covers all variations of specialty tires.

II. NHTSA's Response to the Petition

    NHTSA is granting TRA's petition for rulemaking. NHTSA acknowledges 
that, in the January 2006 final rule, NHTSA stated its intent for 
specialty tires to be subject to FMVSS No. 119, but inadvertently made 
specialty tires subject to FMVSS No. 109 in addition to FMVSS No. 119 
in August 2007. Further, NHTSA acknowledges that FMVSS No. 109 does not 
specify test conditions for specialty tires with maximum inflation 
pressures not specified in FMVSS No. 109. Without specified test 
pressures, NHTSA cannot test specialty tires for compliance with FMVSS 
No. 109. While this issue could be remedied by adding new test 
pressures to FMVSS No. 109, we believe that making these tires subject 
to FMVSS No. 119 is preferable because it specifies test conditions 
based on load range designations. This allows the tire industry 
flexibility to change maximum tire inflation pressures for specialty 
tires without first requesting regulatory changes from NHTSA.
    As for the specific relief requested by TRA, NHTSA is proposing an 
amendment to FMVSS No. 109 to remove references to specialty tires from 
the title and the ``Application'' section. Second, NHTSA is proposing 
to add a reference to specialty tires to the title of FMVSS No. 119. In 
addition, though not suggested by TRA, NHTSA is proposing an amendment 
to the ``Scope'' section of FMVSS No. 119 to include a reference to 
specialty tires to provide added clarity regarding the applicability of 
FMVSS No. 119 to specialty tires. Specialty tires are already listed in 
the ``Application'' section of FMVSS No. 119.
    As for the suggested amendments to Table III, the endurance test 
schedule, in FMVSS No. 119, in a September 29, 2010 Notice of Proposed 
Rulemaking (NPRM), NHTSA proposed amendments similar to those suggested 
by TRA.\5\ The September 2010 NPRM proposed upgrades to FMVSS No. 119. 
In addition, it proposed technical corrections to Table III of FMVSS 
No. 119 to include items that have been inadvertently omitted from the 
table over the course of years of amendments to the standard, including 
in the June 2003 final rule. The NPRM proposed correcting the omission 
of load range C, D, M, and N for speed-restricted service tires, load 
range A through E and M from the list of ``All other'' tires, and 
missing footnotes. TRA's suggested changes included correcting the 
omission of load range C and D for speed restricted service tires, load 
range A through E from the list of ``All other'' tires, and the missing 
footnotes. TRA's suggested changes do not include the omission of load 
range M and N tires for speed restricted service or the omission of 
load range M for all other tires.\6\
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    \5\ 75 FR 60036.
    \6\ This technical correction is separate from the issue raised 
in the September 2010 NPRM whether load range M tires should be 
subject to upgraded test requirements.
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    In response to the September 2010 NPRM, NHTSA received no adverse 
comments to the inclusion of load range M and N tires in the tables for 
speed restricted service or load range M for all other tires. 
Consequently, NHTSA is including the technical corrections to Table III 
proposed in the September 2010 NPRM in this proposal, which are 
inclusive of the changes to Table III suggested by TRA.
    NHTSA is also proposing a corresponding change to FMVSS No. 110. In 
a March 13, 2013 NPRM, NHTSA proposed an amendment to FMVSS No. 110 to 
clarify that specialty tires could be equipped on new light trailers 
(those with GVWR of 10,000 pounds or less). In the proposed regulatory 
text, NHTSA stated it would allow light trailers to be equipped with 
specialty tires meeting the requirements of FMVSS No. 109. TRA, though 
generally supportive of the proposal, submitted a comment suggesting 
that specialty tires on light trailers should be required to meet FMVSS 
No. 119 rather than FMVSS No. 109. The rationale for this comment 
mirrored TRA's rationale in its petition for rulemaking.
    In a November 9, 2016 final rule, NHTSA clarified that new light 
trailers could be equipped with specialty tires.\7\ In addressing TRA's 
comment, NHTSA determined that the matter of how specialty tires could 
comply with FMVSS No. 109 was outside the scope of that rulemaking. 
NHTSA noted the pendency of this petition for rulemaking and stated 
that the matter raised by TRA would be addressed in NHTSA's response to 
TRA's petition. As an interim solution until NHTSA could respond to the 
petition, NHTSA determined it was sufficient to refer to both FMVSS No. 
109 and FMVSS No. 119 as the standards which apply to specialty tires.
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    \7\ 81 FR 78724.
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    Having proposed that specialty tires should be subject to the 
requirements of FMVSS No. 119 and not FMVSS No. 109, this proposal also 
removes the reference to FMVSS No. 109 as a standard under which 
specialty tires could be certified.

[[Page 43565]]

III. Other Technical Corrections

A. Date of Manufacture of Tires Subject to FMVSS No. 109

    In addition to the inclusion of specialty tires in the 
``Application'' section of FMVSS No. 109, we have noted another 
inadvertent error in that section. When adopting FMVSS No. 139, NHTSA 
made all tires for vehicle manufactured after 1975 subject to FMVSS No. 
139 and left all tires for vehicles manufactured before 1975 subject to 
FMVSS No. 109. NHTSA inadvertently made no standard applicable to tires 
for vehicles manufactured in 1975. NHTSA intended for FMVSS No. 109 to 
apply to all vehicles manufactured in or before 1975. In addition, 
FMVSS No. 109 only applies to vehicles manufactured after 1948. To 
clarify the applicability of FMVSS No. 109 and simplify the language, 
this proposal changes the application of FMVSS No. 109 to passenger 
cars manufactured from 1949 through 1975.

B. Technical Amendments to FMVSS No. 119

    This proposal includes several minor amendments to FMVSS No. 119 
that were included in a January 10, 2013 Supplemental NRPM.\8\ NHTSA 
received no adverse comment to that Supplemental NPRM. Those amendments 
were proposed in part after an inquiry from Continental Tire, the 
Americas (Continental) regarding the tire strength requirement for 
rayon tires. Continental noted that a footnote was missing in Table II 
of FMVSS No. 119, which specified a lower minimum breaking energy 
requirement for rayon cord tires. After considering Continental's 
inquiry, NHTSA determined that two footnotes for Table II of FMVSS No. 
119 were inadvertently removed from the standard.
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    \8\ 78 FR 2236.
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    The breaking energy requirement for rayon cord tires is less than 
other materials to make the severity of the test comparable to tires 
made of other cord materials. The breaking energy requirement for rayon 
cord tires for light vehicles in FMVSS No. 109 remain less than the 
requirement for nylon or polyester cord tires. The agency can determine 
whether a tire is composed of rayon cord from information that is 
required by S6.5(f) of FMVSS No. 119 to be molded on the tire's 
sidewall.
    However, only one footnote needs to be reinstated. The other 
footnote related to the procedure used for rounding metric conversions, 
and it is not necessary to include that information in the text of the 
standard.
    NHTSA is also including three previously proposed non-substantive 
formatting changes to Table II in from the January 2013 SNPRM. First, 
some of the headings have been revised to more clearly explain the tire 
characteristics. Second, the heading row alignment has been modified. 
Third, the order of the columns in the right portion of the table for 
tires other than light truck, motorcycle, and 12 rim diameter code or 
smaller has been modified to group tube type and tubeless tires 
together. The agency believes that these formatting changes will make 
Table II easier to read.
    NHTSA is also including a previously proposed correction to an 
error NHTSA discovered in the formula for computing the breaking energy 
of a tire in metric located in S7.3(f) of FMVSS No. 119. In S7.3(f)(1), 
the breaking energy (W) is reported in joules (J); however, the 
explanation incorrectly states the unit abbreviation for joules as kJ, 
which is the abbreviation for kilojoules. In S7.3(f)(2), unit 
abbreviations are not included in the explanation and the breaking 
energy equation formatting is inconsistent with S7.3(f)(1).
    NHTSA has discovered an additional error in Table III of FMVSS No. 
119. Table III specifies the schedule for the endurance test, including 
the test wheel speed, and the test load over the length of the 47-hour 
test (34 hours for tires subject to the high speed performance test). 
For reference, Table III lists the total number of revolutions of the 
test wheel. However, several of the values for the total number of 
revolutions are incorrect in the current Table III and were incorrect 
in prior version of Table III. NHTSA has recalculated the number of 
total test revolutions for each type of tire listed in the schedule. 
For example, the endurance test for non-speed-restricted truck and bus 
tires with load range H or above is 48 km/h or 150 rpm for 47 hours. 
This computes to 423,000 revolutions (150 x 60 x 47). However, Table 
III currently shows the test is 423,500 revolutions. This proposal 
corrects this and similar miscalculations in Table III. This change 
would not affect how the test is conducted because the test is 
conducted at the rpm rate listed in the schedule for the appropriate 
amount of time (47 or 34 hours) and not based on the total number of 
revolutions.

C. Application of FMVSS No. 139

    We have identified an issue similar to the one raised by TRA with 
respect to deep tread tires for light trucks. In the January 2006 final 
rule responding to petitions for reconsideration of the June 2003 final 
rule, NHTSA addressed a petition from Denman requesting that deep tread 
light truck tires (those with tread depths of \18/32\ inch or greater) 
be excluded from FMVSS No. 139. NHTSA agreed that a number of 
requirements in FMVSS No. 139 were impracticable for deep tread tires 
and determined it was more appropriate to subject those tires to the 
requirements of FMVSS No. 119. Consequently, NHTSA amended the 
``Application'' section of FMVSS No. 119 to include light truck tires 
with a tread depth of \18/32\ inch or greater for use on light 
vehicles. However, NHTSA made no corresponding amendment to FMVSS No. 
139 to exclude deep tread light truck tires. Thus, as presently 
written, deep tread light truck tires would be subject to both FMVSS 
No. 119 and FMVSS No. 139. This was not NHTSA's intention. This 
proposal removes deep tread light truck tires from the ``Application'' 
section of FMVSS No. 139 to be consistent with NHTSA's intent in the 
January 2006 final rule and remove any ambiguity in the regulation.
    The ``Application'' section of FMVSS No. 139 also presently 
excludes specialty tires. However, in addressing tires for smaller 
rims, FMVSS No. 139 excludes from its application tires with rim 
diameters of 8 inches or below. Specialty tires, as referenced in all 
other NHTSA regulations, include tires with rim diameters of 12 inches 
or below. This is a typographical error in FMVSS No. 139. This proposal 
corrects this typographical error and changes FMVSS No. 139 to exclude 
tires with rim diameters of 12 inches or below.

D. Table Headings in FMVSS No. 139

    There is a typographical error in the tables setting forth the test 
pressure for the high speed performance test, the tire endurance test, 
and the low inflation pressure performance test. Each of these tables 
provides test pressure for standard load and extra load passenger car 
tires and load range C, D, and E light truck tires. Light truck tires 
use different test pressures depending on whether the nominal cross 
section is greater than 295 millimeters. However, the test pressures 
for light truck tires with a nominal cross section of 295 millimeters 
or less is listed under the heading ``Passenger car tires.'' There 
should be a heading ``Light truck tires with a nominal cross section 
<=295 mm (11.5 inches)'' between the extra load tires and load range C 
tires. This proposal adds this missing heading in each of the three 
tables.

[[Page 43566]]

E. NHTSA Address

    In FMVSS No. 110 and FMVSS No. 139, manufacturers of rims and 
tires, respectively, may provide certain information to NHTSA by mail. 
However, the address for NHTSA's office in these standards is 
incorrect. This proposal corrects NHTSA's address in FMVSS No. 110 and 
FMVSS No. 139.

F. Typographical Error in Application of FMVSS No. 110

    In FMVSS No. 110, the application section contains two minor 
typographical errors. First, the abbreviation for GVWR is missing one 
parenthesis. Second, the word ``of'' is used in place of the word 
``or''. This proposal corrects both of these typographical errors.

IV. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21). 
NHTSA established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit your comments electronically to the docket following 
the steps outlined under ADDRESSES. You may also submit two copies of 
your comments, including the attachments, by mail to Docket Management 
at the beginning of this document, under ADDRESSES.

How can I be sure that my comments were received?

    If you wish to be notified upon receipt of your mailed comments, 
enclose a self-addressed, stamped postcard in the envelope containing 
your comments. Upon receiving your comments, Docket Management will 
return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit the following to the NHTSA Office of 
Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590: (1) A 
complete copy of the submission; (2) a redacted copy of the submission 
with the confidential information removed; and (3) either a second 
complete copy or those portions of the submission containing the 
material for which confidential treatment is claimed and any additional 
information that you deem important to the Chief Counsel's 
consideration of your confidentiality claim. A request for confidential 
treatment that complies with 49 CFR part 512 must accompany the 
complete submission provided to the Chief Counsel. For further 
information, submitters who plan to request confidential treatment for 
any portion of their submissions are advised to review 49 CFR part 512, 
particularly those sections relating to document submission 
requirements. Failure to adhere to the requirements of Part 512 may 
result in the release of confidential information to the public docket. 
In addition, you should submit two copies from which you have deleted 
the claimed confidential business information, to Docket Management at 
the address given at the beginning of this document under ADDRESSES.

Will the Agency consider late comments?

    NHTSA will consider all comments received before the close of 
business on the comment closing date indicated at the beginning of this 
notice under DATES. In accordance with DOT policies, to the extent 
possible, NHTSA will also consider comments received after the 
specified comment closing date. If NHTSA receives a comment too late to 
consider in developing the proposed rule, NHTSA will consider that 
comment as an informal suggestion for future rulemaking action.

How can I read the comments submitted by other people?

    You may read the comments received on the internet. To read the 
comments on the internet, go to http://www.regulations.gov and follow 
the on-line instructions provided.
    You may download the comments. The comments are imaged documents, 
in either TIFF or PDF format. Please note that even after the comment 
closing date, NHTSA will continue to file relevant information in the 
Docket as it becomes available. Further, some people may submit late 
comments. Accordingly, NHTSA recommends that you periodically search 
the Docket for new material.
    You may also see the comments at the address and times given near 
the beginning of this document under ADDRESSES.

V. Rulemaking Analyses and Notices

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866, Executive Order 13563, and the Department of 
Transportation's regulatory policies and procedures. This rulemaking is 
not considered significant and was not reviewed by the Office of 
Management and Budget under E.O. 12866, ``Regulatory Planning and 
Review.'' The rulemaking action has also been determined not to be 
significant under the Department's regulatory policies and procedures. 
The agency has further determined that the impact of this proposal is 
so minimal as to not warrant the preparation of a full regulatory 
evaluation.
    This proposal clarifies the applicability of the FMVSSs to tires 
intended for use on trailers and makes other technical amendments. It 
will not result in any costs nor will it have any impact on safety.

B. Executive Order 13771

    Executive Order 13771 titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' directs that, unless prohibited by law, whenever an 
executive department or agency publicly proposes for notice and comment 
or otherwise promulgates a new regulation, it shall identify at least 
two existing regulations to be repealed. In addition, any new 
incremental costs associated with new regulations shall, to the extent 
permitted by law, be offset by the elimination of existing costs. Only 
those rules deemed significant under section 3(f) of Executive Order 
12866, ``Regulatory Planning and Review,'' are subject to these 
requirements. As discussed above, this rule is not a significant rule 
under Executive Order 12866 and, accordingly, is not subject to the 
offset requirements of 13771.

C. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR part 121 
define a small business, in part, as a business

[[Page 43567]]

entity ``which operates primarily within the United States.'' (13 CFR 
121.105(a)). No regulatory flexibility analysis is required if the head 
of an agency certifies the rule would not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule would not 
have a significant economic impact on a substantial number of small 
entities.
    NHTSA has considered the effects of this proposal under the 
Regulatory Flexibility Act. I certify that this proposal will not have 
a significant economic impact on a substantial number of small 
entities. This proposal would directly impact manufacturers of trailers 
with a GVWR of 4,536 kg (10,000 lbs.) or less. Although we believe many 
manufacturers affected by this proposal are considered small 
businesses, we do not believe this proposal will have a significant 
economic impact on those manufacturers. This proposal would not impose 
any costs upon manufacturers and relieves any confusion that may have 
been generated by the inclusion of specialty tires within the 
applicability of FMVSS No. 109 in the August 2007 final rule.

D. Executive Order 13132 (Federalism)

    NHTSA has examined this proposal pursuant to Executive Order 13132 
(64 FR 43255, August 10, 1999) and concluded that no additional 
consultation with States, local governments or their representatives is 
mandated beyond the rulemaking process. The agency has concluded that 
the rulemaking would not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The proposal would not have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    NHTSA rules can preempt in two ways. First, the National Traffic 
and Motor Vehicle Safety Act contains an express preemption provision: 
When a motor vehicle safety standard is in effect under this chapter, a 
State or a political subdivision of a State may prescribe or continue 
in effect a standard applicable to the same aspect of performance of a 
motor vehicle or motor vehicle equipment only if the standard is 
identical to the standard prescribed under this chapter. 49 U.S.C. 
30103(b)(1). It is this statutory command by Congress that preempts any 
non-identical State legislative and administrative law addressing the 
same aspect of performance.
    The express preemption provision described above is subject to a 
savings clause under which ``[c]ompliance with a motor vehicle safety 
standard prescribed under this chapter does not exempt a person from 
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this 
provision, State common law tort causes of action against motor vehicle 
manufacturers that might otherwise be preempted by the express 
preemption provision are generally preserved. However, the Supreme 
Court has recognized the possibility, in some instances, of implied 
preemption of such State common law tort causes of action by virtue of 
NHTSA's rules, even if not expressly preempted. This second way that 
NHTSA rules can preempt is dependent upon there being an actual 
conflict between an FMVSS and the higher standard that would 
effectively be imposed on motor vehicle manufacturers if someone 
obtained a State common law tort judgment against the manufacturer, 
notwithstanding the manufacturer's compliance with the NHTSA standard. 
Because most NHTSA standards established by an FMVSS are minimum 
standards, a State common law tort cause of action that seeks to impose 
a higher standard on motor vehicle manufacturers will generally not be 
preempted. However, if and when such a conflict does exist--for 
example, when the standard at issue is both a minimum and a maximum 
standard--the State common law tort cause of action is impliedly 
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Order 13132 and 12988, NHTSA has considered 
whether this rule could or should preempt State common law causes of 
action. The agency's ability to announce its conclusion regarding the 
preemptive effect of one of its rules reduces the likelihood that 
preemption will be an issue in any subsequent tort litigation.
    To this end, the agency has examined the nature (e.g., the language 
and structure of the regulatory text) and objectives of today's rule 
and finds that this rule, like many NHTSA rules, prescribes only a 
minimum safety standard. As such, NHTSA does not intend that this rule 
preempt state tort law that would effectively impose a higher standard 
on motor vehicle manufacturers than that established by today's rule. 
Establishment of a higher standard by means of State tort law would not 
conflict with the minimum standard announced here. Without any 
conflict, there could not be any implied preemption of a State common 
law tort cause of action.

E. Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation, 
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR 
4729; Feb. 7, 1996), requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect; (2) clearly specifies the effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct, while promoting simplification and burden reduction; 
(4) clearly specifies the retroactive effect, if any; (5) specifies 
whether administrative proceedings are to be required before parties 
file suit in court; (6) adequately defines key terms; and (7) addresses 
other important issues affecting clarity and general draftsmanship 
under any guidelines issued by the Attorney General. This document is 
consistent with that requirement.
    Pursuant to this Order, NHTSA notes as follows. The issue of 
preemption is discussed above. NHTSA notes further that there is no 
requirement that individuals submit a petition for reconsideration or 
pursue other administrative proceedings before they may file suit in 
court.

F. Protection of Children From Environmental Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental, 
health, or safety risk that the agency has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the agency.
    This notice is part of a rulemaking that is not expected to have a 
disproportionate health or safety impact on children. Consequently, no 
further analysis is required under Executive Order 13045.

[[Page 43568]]

G. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not 
required to respond to a collection of information by a Federal agency 
unless the collection displays a valid OMB control number. There is not 
any information collection requirement associated with this proposal.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary 
consensus standards in its regulatory activities unless doing so would 
be inconsistent with applicable law (e.g., the statutory provisions 
regarding NHTSA's vehicle safety authority) or otherwise impractical. 
Voluntary consensus standards are technical standards developed or 
adopted by voluntary consensus standards bodies. Technical standards 
are defined by the NTTAA as ``performance-based or design-specific 
technical specification and related management systems practices.'' 
They pertain to ``products and processes, such as size, strength, or 
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus 
standards bodies include ASTM International, the Society of Automotive 
Engineers (SAE), and the American National Standards Institute (ANSI). 
If NHTSA does not use available and potentially applicable voluntary 
consensus standards, we are required by the Act to provide Congress, 
through OMB, an explanation of the reasons for not using such 
standards.
    There are no voluntary consensus standards developed by voluntary 
consensus standards bodies pertaining to this proposal.

I. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires federal 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 for inflation with base year of 
1995). Before promulgating a NHTSA rule for which a written statement 
is needed, section 205 of the UMRA generally requires the agency to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, most cost-effective, or least burdensome 
alternative that achieves the objectives of the rule. The provisions of 
section 205 do not apply when they are inconsistent with applicable 
law. Moreover, section 205 allows the agency to adopt an alternative 
other than the least costly, most cost-effective, or least burdensome 
alternative if the agency publishes with the final rule an explanation 
of why that alternative was not adopted.
    This proposal would not result in any expenditure by State, local, 
or tribal governments or the private sector of more than $100 million, 
adjusted for inflation.

J. 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 would not have any significant impact on 
the quality of the human environment.

K. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

L. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, to www.regulations.gov, as described in the 
system of records notice, DOT/ALL-14 FDMS, accessible through 
www.dot.gov/privacy. In order to facilitate comment tracking and 
response, we encourage commenters to provide their name, or the name of 
their organization; however, submission of names is completely 
optional. Whether or not commenters identify themselves, all timely 
comments will be fully considered. If you wish to provide comments 
containing proprietary or confidential information, please contact the 
agency for alternate submission instructions.

List of Subjects in 49 CFR Parts 571

    Imports, Motor vehicle safety, Reporting and recordkeeping 
requirements, Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 of Title 49 continues to read as 
follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.

0
2. Amend Sec.  571.109 by revising the section heading and paragraph S2 
to read as follows:


Sec.  571.109   Standard No. 109; New pneumatic tires for vehicles 
manufactured from 1949 to 1975, bias ply tires, and T-type spare tires.

* * * * *
    S2. Application. This standard applies to new pneumatic radial 
tires for use on passenger cars manufactured from 1949 through 1975, 
new pneumatic bias ply tires, and T-type spare tires. However, it does 
not apply to any tire that has been so altered so as to render 
impossible its use, or its repair for use, as motor vehicle equipment.
* * * * *
0
 3. Amend Sec.  571.110 by
0
 a. Revising paragraph S2;
0
 b. Revising paragraph S4.1(b)(2); and
0
 c. Revising paragraph S4.4.2(e)(1).
    The revisions read as follows:


Sec.  571.110   Tire selection and rims and motor home/recreation 
vehicle trailer load carrying capacity information for motor vehicles 
with a GVWR of 4,536 kilograms (10,000 pounds) or less.

* * * * *
    S2. Application. This standard applies to motor vehicles with a 
gross vehicle weight rating (GVWR) of 4,536 kilograms (10,000 pounds) 
or less, except for motorcycles, and to non-pneumatic spare tire 
assemblies for those vehicles.
* * * * *
    S4.1 General * * *
    (b) * * *
    (2) Trailers may be equipped with ST tires, FI tires, or tires with 
a rim diameter code of 12 or below that meet the requirements of Sec.  
571.119.
* * * * *
    S4.4.2 Rim markings for vehicles other than passenger cars. * * *
    (e) * * *
    (1) Any manufacturer that elects to express the date of manufacture 
by means of a symbol shall notify NHTSA in writing of the full names 
and addresses of all manufacturers and brand name owners utilizing that 
symbol and the name and address of the trademark owner of that symbol, 
if any. The notification shall describe in narrative form and in detail 
how the month, day, and year or the month and

[[Page 43569]]

year are depicted by the symbol. Such description shall include an 
actual size graphic depiction of the symbol, showing and/or explaining 
the interrelationship of the component parts of the symbol as they will 
appear on the rim or single piece wheel disc, including dimensional 
specifications, and where the symbol will be located on the rim or 
single piece wheel disc. The notification shall be received by NHTSA 
not less than 60 calendar days before the first use of the symbol. The 
notification shall be mailed to National Highway Traffic Safety 
Administration, West Building, 1200 New Jersey Ave. SE, Washington, DC 
20590. All information provided to NHTSA under this paragraph will be 
placed in the public docket.
* * * * *
0
4. Amend Sec.  571.119 by:
0
 a. Revising the section heading.
0
 b. Revising paragraph S1.
0
 c. Revising paragraph S7.3(f)(1) and (2).
0
d. Revising Table II-Minimum Static Breaking Energy.
0
e. Revising Table III-Endurance Test Schedule.
    The revisions read as follows:


Sec.  571.119   Standard No. 119; New pneumatic tires for motor 
vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds), 
specialty tires, and tires for motorcycles.

* * * * *
    S1. Scope. This standard establishes performance and marking 
requirements for tires for use on motor vehicles with a GVWR of more 
than 4,536 kilograms (10,000 pounds), specialty tires, and tires for 
motorcycles.
* * * * *
    S7.3 * * *
    (f) * * *

(1) W = [(F x P)/2] x 10-\3\

Where:

W = Breaking energy in joules (J),
F = Force in newtons (N), and
P = Penetration in millimeters (mm), or;

(2) W = (F x P)/2

Where:

W = Breaking energy in inch-pounds (in-lb),
F = Force in pounds (lb), and
P = Penetration in inches (in).
* * * * *
* * * * *

                                                                            Table II--Minimum Static Breaking Energy
                                                                              [Joules (J) and inch-pounds (in-lb)]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Tires other than Light Truck, motorcycle, 12 rim diameter code or smaller
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Tire characteristic                             Motorcycle
                                                All 12 rim
                                                diameter code or
                                                smaller except
                                                motorcycle
                                                Tubeless 17.5 rim
                                                diameter code or
                                                smaller and Light
                                                       Truck
                                                 Tube type greater than 12 rim diameter
                                                                  code
                                                Tubeless greater than 17.5 rim diameter
                                                                  code
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Plunger diameter                                 7.94 mm  \5/16\''   19.05 mm   \3/4\''   19.05 mm   \3/4\''   31.75 mm  1\1/4\''   38.10 mm  1\1/2\''   31.75 mm  1\1/4\''   38.10 mm  1\1/2\''
(mm and inches)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Breaking energy                                        J     in-lb          J     in-lb          J     in-lb          J     in-lb          J     in-lb          J     in-lb          J     in-lb
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Load Range:
    A.........................................        16       150         67       600        225     2,000  .........  ........  .........  ........  .........  ........  .........  ........
    B.........................................        33       300        135     1,200        293     2,600  .........  ........  .........  ........  .........  ........  .........  ........
    C.........................................        45       400        203     1,800        361     3,200        768     6,800  .........  ........        576     5,100  .........  ........
    D.........................................  ........  ........        271     2,400        514     4,550        892     7,900  .........  ........        734     6,500  .........  ........
    E.........................................  ........  ........        338     3,000        576     5,100      1,412    12,500  .........  ........        971     8,600  .........  ........
    F.........................................  ........  ........        406     3,600        644     5,700      1,785    15,800  .........  ........      1,412    12,500  .........  ........
    G.........................................  ........  ........  .........  ........        711     6,300  .........  ........      2,282    20,200  .........  ........      1,694    15,000
    H.........................................  ........  ........  .........  ........        768     6,800  .........  ........      2,598    23,000  .........  ........      2,090    18,500
    J.........................................  ........  ........  .........  ........  .........  ........  .........  ........      2,824    25,000  .........  ........      2,203    19,500
    L.........................................  ........  ........  .........  ........  .........  ........  .........  ........      3,050    27,000  .........  ........  .........  ........
    M.........................................  ........  ........  .........  ........  .........  ........  .........  ........      3,220    28,500  .........  ........  .........  ........
    N.........................................  ........  ........  .........  ........  .........  ........  .........  ........      3,389    30,000  .........  ........  .........  ........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: For rayon cord tires, applicable energy values are 60 percent of those in table.

* * * * *

                                                           Table III--Endurance Test Schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Test wheel speed       Test load:  Percent of maximum load
                                                                        --------------------------                 rating                   Total test
               Description                          Load range                                    ---------------------------------------   revolution
                                                                             km/h         r/m       Step I (7   Step II (16    Step III     (thousands)
                                                                                                      hours)       hours)     (24 hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Speed-restricted service:
    90 km/h (55 mph).....................  All.........................           40          125           66           84          101           352.5
    80 km/h (50 mph).....................  C, D........................           48          150           75           97          114           423.0
                                           E, F, G, H, J, L, M, N......           32          100           66           84          101           282.0
        56 km/h (35 mph).................  All.........................           24           75           66           84          101           211.5
Motorcycle...............................  All.........................           80          250      \a\ 100      \b\ 108          117           510.0
All other................................  A, B, C, D..................           80          250       \a\ 75       \b\ 97          114           510.0
                                           E...........................           64          200           70           88          106           564.0
                                           F...........................           64          200           66           84          101           564.0
                                           G...........................           56          175           66           84          101           493.5
                                           H, J, L, M, N...............           48          150           66           84          101           423.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ 4 hours for tire sizes subject to high speed requirements S6.3.
\b\ 6 hours for tire sizes subject to high speed requirements S6.3.

* * * * *
0
5. Amend Sec.  571.139 by:
0
a. Revising paragraph S2;
0
b. Revising paragraph S4.1.1(a);
0
c. Revising paragraph S6.2.1.1.1;
0
d. Revising paragraph S6.3.1.1.1; and
0
e. Revising paragraph S6.4.1.1.1.
    The revisions read as follows:

[[Page 43570]]

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 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, tires with rim diameters of 12 inches and 
below, T-type temporary use spare tires with radial construction, and 
light truck tires with a tread depth of 18/32 inch or greater.
* * * * *
    S4.1.1 * * *
    (a) Listed by manufacturer name or brand name in a document 
furnished to dealers of the manufacturer's tires, to any person upon 
request, and in duplicate to the Docket Section (No. NHTSA-2009-0117), 
National Highway Traffic Safety Administration, West Building, 1200 New 
Jersey Ave. SE, Washington, DC 20590; or
* * * * *
    S6.2.1.1.1 Mount the tire on a test rim and inflate it to the 
pressure specified for the tire in the following table:

------------------------------------------------------------------------
                                                                  Test
                       Tire application                         pressure
                                                                 (kPa)
------------------------------------------------------------------------
Passenger car tires:
    Standard load............................................        220
    Extra load...............................................        260
Light truck tires with a nominal cross section <=295 mm (11.5
 inches):
    Load Range C.............................................        320
    Load Range D.............................................        410
    Load Range E.............................................        500
Light truck tires with a nominal cross section >295 mm (11.5
 inches):
    Load Range C.............................................        230
    Load Range D.............................................        320
    Load Range E.............................................        410
------------------------------------------------------------------------

* * * * *
    S6.3.1.1.1 Mount the tire on a test rim and inflate it to the 
pressure specified for the tire in the following table:

------------------------------------------------------------------------
                                                                  Test
                       Tire application                         pressure
                                                                 (kPa)
------------------------------------------------------------------------
Passenger car tires:
    Standard load............................................        180
    Extra load...............................................        220
Light truck tires with a nominal cross section <=295 mm (11.5
 inches):
    Load Range C.............................................        260
    Load Range D.............................................        340
    Load Range E.............................................        410
Light truck tires with a nominal cross section >295 mm (11.5
 inches):
    Load Range C.............................................        190
    Load Range D.............................................        260
    Load Range E.............................................        340
------------------------------------------------------------------------

* * * * *
    S6.4.1.1.1 This test is conducted following completion of the tire 
endurance test using the same tire and rim assembly tested in 
accordance with S6.3 with the tire deflated to the following 
appropriate pressure:

------------------------------------------------------------------------
                                                                  Test
                       Tire application                         pressure
                                                                 (kPa)
------------------------------------------------------------------------
Passenger car tires:
    Standard load............................................        140
    Extra load...............................................        160
Light truck tires with a nominal cross section <=295 mm (11.5
 inches):
    Load Range C.............................................        200
    Load Range D.............................................        260
    Load Range E.............................................        320
Light truck tires with a nominal cross section >295 mm (11.5
 inches):
    Load Range C.............................................        150
    Load Range D.............................................        200
    Load Range E.............................................        260
------------------------------------------------------------------------


    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.5.

Heidi Renate King,
Deputy Administrator.
[FR Doc. 2019-17813 Filed 8-20-19; 8:45 am]
BILLING CODE 4910-59-P


