Consumer Information Regulations; Uniform Tire Quality Grading Standards

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. 99-5697]

RIN 2127-AG67

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 final rule amends the agency's consumer information

regulations and the Uniform Tire Quality Grading Standards (UTQGS) by

rescinding the requirement that passenger car manufacturers provide

general UTQGS information to purchasers and potential purchasers at the

point of sale of new vehicles, requiring instead that such information

be included in owners' manuals. In addition, this rule removes the

requirement that manufacturers supply copies of UTQGS information to

the agency, and removes a number of obsolete definitions. Finally, this

rule amends the existing exclusion of tires with nominal rim diameters

of 10-12 inches from the UTQGS to now exclude tires with nominal rim

diameters of 12 inches or less.

This action is being taken because the agency believes that

elimination of the point-of-sale requirement will relieve a significant

burden on vehicle manufacturers and dealers, yet will have little

effect on consumers. The agency believes that UTQGS information is of

little value to consumers at the point of sale of new vehicles because

new vehicles are typically sold with tires selected by the manufacturer

based on vehicle model, weight, and options. Further, consumers have

shown little interest in UTQGS when shopping for or purchasing new

vehicles. The agency believes that consumers will be better served by

requiring such information to be included in owners' manuals for the

future reference of those consumers when shopping for replacement

tires.

DATES: Effective date: The amendments in this final rule are effective

September 1, 1999. Compliance date: Optional early compliance is

permitted beginning on the date of publication of this final rule in

the Federal Register.

Petitions for reconsideration of this final rule must be received

by NHTSA not later than July 8, 1999.

ADDRESSES: Petitions for reconsideration should be submitted to the

Administrator, National Highway Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC 20950.

FOR FURTHER INFORMATION CONTACT:

For technical issues: Mr. P. L. Moore, Safety Standards Engineer,

Office of Planning and Consumer Programs, Office of Safety Performance

Standards, National Highway Traffic Safety Administration, 400 Seventh

Street, SW, Washington, DC 20590; telephone (202) 366-5222.

For legal issues: Mr. Walter K. Myers, Attorney-Advisor, Office of

the Chief Counsel, National Highway Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC 20590, telephone (202) 366-2992.

SUPPLEMENTARY INFORMATION:

A. Background

Section 30123(e) of Title 49, U.S. Code, requires the Secretary of

Transportation to prescribe a uniform quality grading system for motor

vehicle tires to help consumers make an informed choice when purchasing

tires. NHTSA implemented this statutory mandate by issuing the UTQGS at

49 CFR 575.104, applicable to new passenger car tires. The UTQGS

require passenger car and tire manufacturers and tire brand name owners

to provide consumers with tire grading information with respect to the

tires' relative performance in treadwear, traction, and temperature

resistance characteristics. Excluded from the UTQGS are deep-tread,

winter-type snow tires, space-saver or temporary-use spare tires, tires

with nominal rim diameters of 10 to 12 inches, and limited production

tires as described in 49 CFR 575.104(c)(2).

Section 575.6(a) of Title 49, CFR, requires that at the time a

motor vehicle is delivered to the first purchaser for purposes other

than resale, the vehicle manufacturer must provide, in writing and in

the English language, the information specified in Secs. 575.103 and

575.104 that is applicable to that vehicle and its tires. The

information required for tires is specified in Sec. 575.104(d)(1)(iii),

which requires vehicle manufacturers to list all possible grades for

traction and temperature resistance and restate verbatim the

explanation of each of the 3 performance areas. The information must

also contain a statement referring the reader to the tire sidewall for

the specific grades of the tires with which the vehicle is equipped.

Section 575.6(c) requires each vehicle manufacturer, brand name owner

of tires, and manufacturer of tires for which there is no brand name

owner to provide the information specified in subpart B of Part 575 to

prospective purchasers at each location at which its vehicles or tires

are offered for sale.

B. Notice of Proposed Rulemaking.

The agency received a petition for rulemaking from the Association

of International Automobile Manufacturers (AIAM) to rescind the UTQGS

requirements on motor vehicle manufacturers. In response to that

petition, the agency published a Notice of Proposed Rulemaking (NPRM)

on May 21, 1998. The NPRM proposed:

(1) To amend Sec. 575.6(a)(1) by requiring vehicle manufacturers to

include the UTQGS information prescribed in Sec. 575.104, Figure 2,

Part II, in each vehicle's owner's manual rather than requiring them to

provide UTQGS information to purchasers and prospective purchasers at

the point of sale of new vehicles. This action would delete the

requirement that manufacturers provide UTQGS information at the point

of sale, but would instead make that information available to vehicle

purchasers in their owners' manuals;

(2) To amend Sec. 575.104(c)(1) to exclude tires with nominal rim

diameters of 12 inches or less, rather than tires with nominal rim

diameters of 10-12 inches. This change would eliminate any ambiguity

about grading tires smaller than 10 inches;

(3) To delete the definition of ``brake power unit,'' ``lightly

loaded vehicle weight,'' ``maximum loaded vehicle weight,'' and

``maximum sustained vehicle speed'' from Sec. 575.2(c) because they are

no longer pertinent to part 575; and

(4) To revise Example 2 in Sec. 575.6(a)(1) to reflect the changes

made in that section.

In addition to the above proposals, NHTSA requested comments on a

series of 7 questions soliciting comments on

[[Page 27922]]

such issues as the extent to which consumers and potential consumers

consider the UTQGS information provided by vehicle manufacturers at the

point of sale of new vehicles, what quantities and what costs are

incurred in providing UTQGS information at the point of sale, how much

lead time would be required to include UTQGS information in owners'

manuals, and what costs or other problems would be incurred by

requiring that manufacturers provide the UTQGS ratings for the specific

tires mounted on each vehicle.

C. Comments on the NPRM.

NHTSA received comments from Mercedes-Benz of North America, Inc.

(Mercedes), Volkswagen of North America, Inc. (VW), AIAM, and the

American Automobile Manufacturers Association (AAMA) in response to the

NPRM. The comments are summarized as follows:

(1) Delete Requirement for UTQGS Information at Point of Sale of

New Vehicles. The commenters unanimously supported the proposal to

delete the requirement that motor vehicle manufacturers provide UTQGS

information to purchasers and prospective purchasers at the point of

sale of new vehicles. All agreed that purchasers and prospective

purchasers rarely ask for UTQGS information at that point. They argued

that, in any case, UTQGS information is of no value at that point

because tires are not an item of choice for vehicle purchasers. They

asserted, therefore, that such information is irrelevant for purchasers

and prospective purchasers of vehicles, but should be provided at the

place where replacement tires are being considered.

(2) Require UTQGS Information in Owner's Manuals. Only Mercedes

expressed support for the proposal to include the UTQGS information in

owner's manuals, saying that such information ``located in the owners'

manual would assist owners who would like to purchase replacement tires

at any of a number of aftermarket establishments.''

The others uniformly opposed including UTQGS information in owners'

manuals. VW stated that it has been voluntarily including UTQGS

information in its owners' manuals. However, VW and AIAM agreed that

that is not essential because the UTQGS information will be available

anyway when consumers consider the purchase of replacement tires. AAMA

stated that its members voluntarily provide UTQGS information in

owners' manuals but, given the lack of consumer interest in this

information at the time of new vehicle purchase, AAMA does not believe

that providing UTQGS information in owners' manuals is justified. AAMA

argued that UTQGS information may be a factor in the purchase of

replacement tires, therefore such information should be provided where

replacement tires are offered for sale. AAMA noted that UTQGS

information changes periodically, such as when the AA traction rating

was established by the final rule of September 9, 1996 (61 FR 47437).

Therefore, maintaining UTQGS information at retail tire outlets would

provide up-to-date information to consumers rather than leaving them to

rely on possibly obsolete information that was current at the time

their owners' manuals were printed.

(3) UTQGS Information for Individual Vehicles. As stated above,

NHTSA posed a series of questions in the NPRM, the 7th of which read:

What would be the costs and/or other problems for passenger car

manufacturers to provide, in leaflet form or in the owner's manual,

the UTQGS ratings for the specific tires provided on each individual

vehicle?

All commenters opposed this suggestion, although to varying

degrees. Mercedes stated that because the type of tires with which a

vehicle is originally equipped will likely change during the life of

the vehicle, information on the original tires would be irrelevant. In

addition, owners may erroneously assume that the original tire type is

the only type of tire appropriate for the vehicle. VW asserted that

tires installed at the assembly plant can be different, depending on

the driveline configuration, options, and tire availability. VW, AIAM

and AAMA argued that such a requirement would be extremely burdensome

and impose unnecessary costs without providing any benefit to consumers

considering purchase of a new vehicle.

(4) Providing UTQGS Information to NHTSA. VW, AIAM, and AAMA

opposed the proposal to retain the requirement that vehicle and tire

manufacturers provide UTQGS information to NHTSA not less than 30 days

prior to availability of the product to consumers. VW, AIAM, and AAMA

argued that such information would merely be a verbatim restatement of

the information in Figure 2, Part II of Sec. 575.104 and therefore a

needless burden on manufacturers. AAMA further stated that this

requirement is becoming increasingly difficult to administer because of

the staggering of new model introductions which necessitates multiple

submission of the same information.

(5) Location of UTQGS Ratings. AIAM opposed the agency's proposal

to require that the UTQGS information in the owner's manual include a

statement that the grades for the tires on the vehicle can be found on

the tires' sidewalls. AIAM argued that that is not helpful to consumers

since UTQGS information is meant to be helpful only in tire purchases.

(6) Effective Date. Mercedes urged the agency to specify an

effective date of September 1, 1999 for the proposed amendments to

permit modification of the owner's manual to correspond with a new

model year.

(7) Deletion of Obsolete Definitions. Finally, AIAM and AAMA

supported the proposed deletion of the definitions of brake power unit,

lightly loaded vehicle weight, maximum loaded vehicle weight, and

maximum sustained vehicle speed as being obsolete and unneeded.

D. Agency Analysis and Decision

(1) Delete Requirement for UTQGS Information at Point of Sale of

New Vehicles. NHTSA has decided to rescind the requirement that vehicle

manufacturers provide UTQGS information to purchasers and prospective

purchasers of motor vehicles. The agency is persuaded by the rationale

in the AIAM petition and the comments of the others that purchasers and

prospective purchasers of motor vehicles are not concerned with the

UTQGS when shopping for or purchasing a new vehicle. AAMA and AIAM

stated that consumers rarely ask for UTQGS information and do not

indicate that this is a factor in their purchase decisions. Further, VW

and AIAM pointed out that tires are not an option when purchasing a new

vehicle because different vehicles may be equipped with different types

of tires, depending on the vehicle model, options selected by the

purchaser, and the availability of tires at the assembly plant. It is

clear, therefore, that this requirement provides little, if any,

benefit to consumers, while constituting an administrative burden on

vehicle manufacturers. Accordingly, the recission of this requirement

will relieve that administrative burden on vehicle manufacturers.

(2) Require UTQGS Information in Owners' Manuals. NHTSA has decided

to require the general UTQGS information set forth in Figure 2, Part

II, of Sec. 575.104 to be included in vehicle owners' manuals.

Although AIAM stated that many manufacturers already include UTQGS

[[Page 27923]]

information in their owners' manuals, VW, AIAM, and AAMA opposed the

NHTSA proposal to require UTQGS information to be placed in owners'

manuals rather than requiring that information to be provided to

purchasers and prospective vehicle purchasers at the point of vehicle

sales (see C(2) above). They argued that UTQGS information is not

essential and should only be provided for consumers when shopping for

replacement tires.

NHTSA continues to believe that UTQGS information should be

included in owners' manuals because the owner's manual stays with the

vehicle, even though owners of that vehicle may change from time to

time. As the commenters noted, consumers rarely seek UTQGS information

when shopping for new vehicles. However, when it is time to replace the

original tires on a vehicle, the UTQGS information will be readily

available in the owner's manual along with all other information

pertaining to that vehicle. The owner's manual serves as a primary

reference source for all aspects of the vehicle, including the tires.

Therefore, it is logical to assume that when replacement tires are

needed, the then owner of the vehicle will refer to the owner's manual

for information and recommendations from the manufacturer as to what

type, size, and construction of tire would be suitable for that

particular vehicle. The UTQGS information in the owner's manual will

educate the consumer in advance and inform that person as to what

grades, among other factors, to look for before arriving at the tire

store. It is also quite possible that if the UTQGS information were not

available to the consumer in the owner's manual, that information might

never be made available to that consumer.

AAMA argued that allowing consumers to get up-to-date UTQGS

information at the tire store is preferable to getting what might be

obsolete information from the owner's manual. AAMA cited the changes to

the UTQGS in September 9, 1996 which, among other things, created the

AA traction rating. NHTSA acknowledges that there is some validity to

that point. However, although the grades of the various tire lines may

change, the general information with respect to the UTQGS does not, and

that is what the agency is requiring in the owner's manual. The general

information in the owner's manual acquaints the consumer with the

grading system so that when that person arrives at the tire store, he

or she will know that tires are quality graded and can then concentrate

on ascertaining the grades of the various tires.

(3) UTQGS Information for Individual Vehicles. NHTSA has decided

not to require manufacturers to provide the UTQGS ratings on the tires

of individual vehicles. The commenters stated that such a requirement

would be impractical and would present a costly and time-consuming

burden on manufacturers with no benefit to consumers. The agency is

persuaded by the comments that the tires mounted on vehicles depend on

the size, weight, and options on the vehicle as well as the

availability of tires at the assembly plant, and that there would

therefore be no cost-efficient way to provide this information with

each individual vehicle.

(4) Providing UTQGS Information to NHTSA. NHTSA has decided not to

maintain the requirement that vehicle manufacturers provide UTQGS

information to NHTSA not less than 30 days prior to availability of the

product to consumers. The commenters are correct that such submissions

merely reiterates the UTQGS general information contained in Figure 2,

Part II of Sec. 575.104. Not requiring this information will alleviate

another administrative burden on manufacturers that would have no

benefit to consumers, at the same time relieving the agency of

receiving and processing information that is not needed for management

of the UTQGS program.

(5) Location of UTQGS Ratings. NHTSA has decided to require that

the general UTQGS information included in the owners' manuals include a

statement that the grades for the tires on the vehicle can be found on

the tires' sidewalls. NHTSA believes that since new vehicles come with

tires selected by the vehicle manufacturer and not by the vehicle

purchaser, that purchaser should know how and where to find the grades

of the tires on the vehicle. Since the agency is not requiring the

vehicle manufacturer to provide the purchaser with the grading

information of the tires on each vehicle (see D(3) above), NHTSA

believes that it is important that the consumer be advised as to where

to find the grades of the tires on the new vehicle.

(6) Effective Date. As requested by Mercedes, NHTSA has decided to

make the amendments in this final rule effective on September 1, 1999

to permit the revisions of owners' manuals to coincide with the change

of model years. Early optional compliance is permitted.

(7) Deletion of Obsolete Definitions. NHTSA has decided to delete

the definitions of brake power unit, lightly loaded vehicle weight,

maximum loaded vehicle weight, and maximum sustained speed. AIAM and

AAMA supported this proposal and since these definitions were

applicable to previously rescinded sections of part 575, they are no

longer needed for any of the provisions of part 575.

(8) Other Amendments to Part 575. NHTSA is also revising Example 2

in Sec. 575.6(a)(1) to be more representative of the type of tables

that might appear in owners' manuals pursuant to Sec. 575.103. It is

also amending Sec. 575.104(c)(1) to exclude from the provisions of

Sec. 575.104 tires with nominal rim diameters of 12 inches or less.

NHTSA proposed these amendments in the NPRM, but none of the commenters

addressed these issues. NHTSA continues to believe that with the

amendment to Sec. 575.6(a)(1), revision of Example 2 is necessary in

order to be consistent with that paragraph as amended. Further, NHTSA

is changing the exclusion from Sec. 575.104 of tires with nominal rim

diameters between 10 and 12 inches to tires with nominal rim diameters

of 12 inches or less in order to avoid any confusion as to the

exclusion of tires below 10 inches.

E. Rulemaking Analyses and Notices

(1) Executive Order 12866 and DOT Regulatory Policies and

Procedures. This document was not reviewed under Executive Order 12866,

Regulatory Planning and Review. NHTSA has analyzed the impact of this

rulemaking action and has determined that it is not ``significant''

under the DOT's regulatory policies and procedures. This final rule

relieves motor vehicle manufacturers of the requirement to provide

UTQGS information to purchasers and prospective purchasers of new motor

vehicles at the points of sale of those vehicles, but requires the

manufacturers of vehicles equipped with passenger car tires to include

that UTQGS information in the owner's manual of each individual such

vehicle. NHTSA believes that the cost of adding UTQGS information to

owners' manuals, which vehicle manufacturers are already required to

provide, will be minimal and in any case, less than the cost of

preparing and providing separate UTQGS information at new vehicle

dealerships. AIAM pointed out in its petition, confirmed by other

commenters, that some vehicle manufacturers already include UTQGS

information in their owners' manuals. NHTSA believes, therefore, that

implementation of this rulemaking action will result in an undetermined

net overall cost savings to vehicle manufacturers. The agency believes,

however, that any net cost savings will

[[Page 27924]]

be minimal, therefore not warranting preparation of a full regulatory

evaluation.

(2) Regulatory Flexibility Act. NHTSA has considered the effects of

this rulemaking action under the Regulatory Flexibility Act (5 U.S.C.

601, et seq.). I hereby certify that this final rule will not have a

significant impact on a substantial number of small entities.

The following is the agency's statement providing the factual basis

for the certification (5 U.S.C. 605(b)). The amendments herein will

primarily affect manufacturers of passenger cars and multipurpose

passenger vehicles (MPV) that are equipped with passenger car tires.

The Small Business Administration (SBA) regulation at 13 CFR part 121

defines a small business in part as a business entity ``which operates

primarily within the United States'' (13 CFR 121.105(a)).

SBA's size standards are organized according to Standard Industrial

Classification (SIC) codes. SIC code No. 3711, ``Motor Vehicles and

Passenger Car Bodies,'' has a small business size standard of 1,000

employees or fewer. SIC code No. 3714, ``Motor Vehicle Parts and

Accessories,'' has a small business size standard of 750 or fewer

employees.

For manufacturers of passenger cars and MPVs, NHTSA estimates that

there are at most 5 small manufacturers of passenger cars in the U.S.

Each such manufacturer serves a niche market, often specializing in

replicas or ``classic'' cars. Production for each such manufacturer is

fewer than 100 cars per year. Thus, there are at most 500 such cars

manufactured per year by U.S. small businesses.

By contrast, NHTSA estimates that there are 9 large manufacturers

of passenger cars and light trucks and vans (LTV) in the U.S. Total

U.S. manufacturing production per year is approximately 15 to 15.5

million passenger cars and LTVs. Thus, NHTSA does not believe that

small businesses manufacture even 0.1 percent of the total U.S.

passenger car and LTV production per year.

In view of the above discussion under E(1), NHTSA believes that

small businesses, small organizations, and small governmental units

will be affected by the proposed amendments only to the extent that

there may be a very slight, minimal decrease in the cost of new

passenger cars. Thus, the agency has not prepared a preliminary

regulatory flexibility analysis.

(3) Executive Order 12612, Federalism. NHTSA has analyzed this

rulemaking action in accordance with the principles and criteria of E.

O. 12612 and has determined that this rule does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

(4) National Environmental Policy Act. NHTSA has analyzed this

rulemaking action for the purposes of the National Environmental Policy

Act and has determined that implementation of this rulemaking action

will not have any significant impact on the quality of the human

environment.

(5) Paperwork Reduction Act. The provisions of this final rule

requiring manufacturers to provide information in owners' manuals

explaining the UTQGS tire quality grades for the benefit of consumers

are considered to be third-party information collection requirements as

defined by the Office of Management and Budget (OMB) in 5 CFR part

1320. The information collection requirements for 49 CFR part 575 have

been submitted to and approved by OMB pursuant to the provisions of the

Paperwork Reduction Act, 44 U.S.C. 3501, et seq. This collection of

information authority has been assigned control numbers 2127-0049 for

part 575, excluding the UTQGS; and 2127-0519, Uniform Tire Quality

Grading Standards, 49 CFR part 575.104, and has been approved for use

through September 30, 2001.

(6) Civil Justice Reform. The amendments in this final rule will

have no retroactive effect. Under 49 U.S.C. 30103(b), whenever a

Federal motor vehicle safety standard is in effect, a state or

political subdivision of a state 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, the United State government, a state or political subdivision

of a state may prescribe a standard for a motor vehicle or motor

vehicle equipment obtained for its own use that imposes a higher

performance requirement than that required by 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.

(7) Unfunded Mandates Reform Act. The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104-4) requires 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. This

final rule does not meet the definition of a Federal mandate because

this rule involves very little, if any, additional costs to vehicle or

tire manufacturers and in no case will annual expenditures exceed the

$100 million threshold.

List of Subjects in 49 CFR Part 575

Consumer protection, Labeling, Motor vehicle safety, Motor

vehicles, Rubber and rubber products, Tires.

In consideration of the foregoing, 49 CFR part 575 is amended as

follows:

PART 575--CONSUMER INFORMATION REGULATIONS

1. The authority citation for part 575 continues to read as

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;

delegation of authority at 49 CFR 1.50.

Sec. 575.2 [Amended]

2. Section 575.2(c) is amended by removing the definitions of Brake

power unit, Lightly loaded vehicle weight, Maximum loaded vehicle

weight, and Maximum sustained vehicle speed.

* * * * *

3. Section 575.6 is amended by revising paragraphs (a)(1),

(d)(1)(i), (d)(1)(ii), and (d)(2), to read as follows:

Sec. 575.6 Requirements.

(a)(1) At the time a motor vehicle is delivered to the first

purchaser for purposes other than resale, the manufacturer of that

vehicle shall provide the Uniform Tire Quality Grading information

required by Sec. 575.104(d)(1)(iii) in the owner's manual of each

vehicle it produces. The vehicle manufacturer shall also provide to the

purchaser, in writing and in the English language, the information

specified in Sec. 575.103 of this part that is applicable to that

vehicle. The information provided with a vehicle may contain more than

one table, but the document must either:

(i) Clearly and unconditionally indicate which of the tables apply

to the vehicle with which it is provided, or

(ii) Contain a statement on its cover referring the reader to the

vehicle certification label for specific information concerning which

of the tables apply to that vehicle. If the manufacturer chooses option

in paragraph (a)(1)(ii) of this section, the vehicle certification

label shall include such specific information.

Example 1. Manufacturer X furnishes a document containing

several tables that apply to various groups of vehicles that it

produces. The document contains the following notation on its front

page: ``The information that applies to this vehicle is

[[Page 27925]]

contained in Table 5.'' That notation satisfies the requirement.

Example 2. Manufacturer Y furnishes a document containing

several tables as in Example 1, with the following notation on its

front page:

``Information applies as follows:

Model P. Regular cab, 135 in. (3,430 mm) wheel base--Table 1.

Model P. Club cab, 142 in. (3,607 mm) wheel base--Table 2.

Model Q--Table 3.''

This notation does not satisfy the requirement, since it is

conditioned on the model or the equipment of the vehicle with which

the document is furnished, and therefore additional information is

required to select the proper table.

* * * * *

(d)(1)(i) Except as provided in paragraph (d)(1)(ii) of this

section, in the case of all sections of subpart B other than

Sec. 575.104, as they apply to information submitted prior to new model

introduction, each manufacturer of motor vehicles shall submit to the

Administrator 2 copies of the information specified in subpart B of

this part that is applicable to the vehicles offered for sale, at least

90 days before information on such vehicles is first provided for

examination by prospective purchasers pursuant to paragraph (c) of this

section.

(ii) Where an unforeseen preintroduction modification in vehicle

design or equipment results in a change in vehicle performance for a

characteristic included in subpart B of this part, a manufacturer of

motor vehicles may revise information previously furnished under

paragraph (d)(1)(i) of this section by submission to the Administrator

of 2 copies of the revised information reflecting the performance

changes, at least 30 days before information on such vehicles is first

provided to prospective purchasers pursuant to paragraph (c) of this

section.

(d)(2) In the case of Sec. 575.104, and all other sections of

subpart B as they apply to post-introduction changes in information

submitted for the current model year, each manufacturer of motor

vehicles, each brand name owner of tires, and each manufacturer of

tires for which there is no brand name owner shall submit to the

Administrator 2 copies of the information specified in subpart B of

this part that is applicable to the vehicles or tires offered for sale,

at least 30 days before it is first provided for examination by

prospective purchasers pursuant to paragraph (c) of this section.

* * * * *

4. Section 575.104 is amended by revising (c)(1), (d)(1)(i), and

(d)(1)(iii), to read as follows:

Sec. 575.104 Uniform Tire Quality Grading Standards

* * * * *

(c) Application. (1) This section applies to new pneumatic tires

for use on passenger cars. However, this section does not apply to deep

tread, winter-type snow tires, space-saver or temporary use spare

tires, tires with nominal rim diameters of 12 inches or less, or to

limited production tires as defined in paragraph (c)(2) of this

section.

* * * * *

(d) * * *

(1)(ii) In the case of the information required by Sec. 575.6(c) to

be furnished to prospective purchasers of tires, each tire manufacturer

or brand name owner shall, as part of that information, list all

possible grades for traction and temperature resistance, and restate

verbatim the explanation for each performance area specified in Figure

2. The information need not be in the same format as in Figure 2. The

information must indicate clearly and unambiguously the grade in each

performance area for each tire of that manufacturer or brand name owner

offered for sale at the particular location.

(iii) Each manufacturer of motor vehicles equipped with passenger

car tires shall include in the owner's manual of each such vehicle a

list of all possible grades for traction and temperature resistance and

restate verbatim the explanation for each performance area specified in

Figure 2, Part II. The information need not be in the exact format of

Figure 2, Part II, but it must contain a statement referring the reader

to the tire sidewall for the specific tire grades for the tires with

which the vehicle is equipped, as follows:

Uniform Tire Quality Grading

Quality grades can be found where applicable on the tire

sidewall between tread shoulder and maximum section width. For

example:

Treadwear 200 Traction AA Temperature A

* * * * *

Issued on: May 14, 1999.

Ricardo Martinez,

Administrator.

[FR Doc. 99-13064 Filed 5-21-99; 8:45 am]

BILLING CODE 4910-59-P