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

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

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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

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* * * * *

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