[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Proposed Rules]
[Pages 49541-49544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23690]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 95-69, Notice No. 01]
RIN No. 2127-AF80


Federal Motor Vehicle Safety Standards; New Non-Pneumatic Tires 
for Passenger Cars

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


[[Page 49542]]

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to rescind Federal Motor Vehicle Safety 
Standard No. 129 and certain portions of Standard Nos. 110 and 120 and 
part 574 of Title 49 of the Code of Federal Regulations. Those 
provisions specify performance and labeling requirements for new non-
pneumatic spare tires for passenger cars. Although those provisions 
were established in the anticipation of the production of non-pneumatic 
spare tires, none have been produced. Further, there are no known plans 
to produce any in the foreseeable future. Accordingly, the continued 
retention of these requirements serves no purpose.

DATES: Comment closing date. Comments must be received on or before 
November 27, 1995.
    Proposed effective date: If adopted, the amendments proposed in 
this notice would become effective 30 days after date of publication of 
the final rule in the Federal Register.

ADDRESSES: All comments must refer to the docket number and notice 
number set forth above and be submitted, preferably in 10 copies, to: 
Docket Section, National Highway Traffic Safety Administration, 400 
Seventh Street SW, Room 5109, Washington, DC 20590. Docket hours are 
from 9:30 a.m. to 4:00 p.m. Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Terri Droneburg, Vehicle Dynamics 
Group, Office of Vehicle Safety Standards, National Highway Traffic 
Safety Administration, 400 Seventh Street, SW, Washington, DC 20590. 
Telephone (202) 366-6617; facsimile (202) 366-4329.
    For legal issues: Walter Myers, Office of the Chief Counsel, 
National Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590. Telephone (202) 366-2992, facsimile (202) 366-
3820.

SUPPLEMENTARY INFORMATION: Pursuant to the March 4, 1994 directive 
entitled ``Regulatory Reinvention Initiative'' from the President to 
the heads of Federal departments and agencies, NHTSA reviewed all its 
Federal motor vehicle safety standards and regulations. During the 
course of this review, the agency identified several requirements and 
regulations that are potential candidates for rescission, including the 
non-pneumatic provisions in Standard No. 129, New non-pneumatic tires 
for passenger cars. The agency tentatively concluded from that review 
that the non-pneumatic tire provisions, among others, could be 
rescinded because the need for them no longer exists.
    In the late 1980's, motor vehicle and tire manufacturers 
experimented with non-pneumatic spare tires for possible use as 
inexpensive, temporary spare tires for use on new passenger cars. 
Anticipating the development of such tires, NHTSA published Standard 
No. 129 on July 20, 1990, to become effective August 20, 1990 (55 FR 
29581). In the same notice, the agency added non-pneumatic tire 
performance and labeling requirements to Standard No. 110, Tire 
selection and rims; Standard No. 120, Tire selection and rims for motor 
vehicles other than passenger cars; and 49 CFR part 574, Tire 
Identification and Recordkeeping. 
    Development of such tires and plans for their use, however, were 
discontinued. Consequently, no non-pneumatic tires are currently being 
produced and the agency is not aware of any plans to produce them in 
the future.

Agency Proposal

    Since non-pneumatic spare tires are not being produced and, to the 
agency's knowledge, will not be produced in the foreseeable future, 
NHTSA tentatively concludes that there is no need to retain Standard 
No. 129 and the pertinent portions of Standard Nos. 110, 120, and 49 
CFR part 574 in effect, and proposes to rescind them. The agency seeks 
comment on that tentative conclusion. In addition, NHTSA solicits 
comment on whether, if a different type of non-pneumatic spare tire 
were to be developed in the future, the existing requirements are 
sufficiently generic to accommodate such new technology or whether 
amendment to the standard would be necessary in any case to accommodate 
the new technology.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking document was not reviewed under E.O. 12866, 
Regulatory Planning and Review. NHTSA has considered the impact of this 
rulemaking action under the DOT's regulatory policies and procedures 
and has determined that it is not ``significant'' within the meaning of 
those policies and procedures.
    The amendments proposed in this notice are intended to eliminate 
unneeded and unnecessary regulations in accordance with the President's 
``Regulatory Reinvention Initiative,'' thereby simplifying and 
streamlining the body of Federal regulations. Since non-pneumatic tires 
are not now being produced and to the agency's knowledge will not be 
produced in the foreseeable future, the amendments proposed in this 
notice would have no cost impacts or leadtime effects for either 
manufacturers or consumers. The impacts are so minimal that preparation 
of a full regulatory evaluation was not warranted.

Regulatory Flexibility Act

    NHTSA has also considered the impacts of this notice under the 
Regulatory Flexibility Act. I hereby certify that this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities. As noted above, this proposal would not have any impact 
on manufacturers of motor vehicles or motor vehicle equipment, thus 
would have no impact on the costs of motor vehicles or motor vehicle 
equipment. Accordingly, the agency has not prepared a preliminary 
regulatory flexibility analysis. '

Executive Order 12612 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rule would not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment. No 
state laws would be affected.

National Environmental Policy Act

    The agency has considered the environmental implications of this 
proposed rule in accordance with the National Environmental Policy Act 
of 1969 and determined that the proposed rule would not significantly 
affect the human environment.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, Pub. L. 96-
511, the agency notes that there are no information collection 
requirements associated with this rulemaking action.

Executive Order 12778 (Civil Justice Reform)

    This proposed rule would 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 thereof may prescribe or 
continue in effect a standard applicable to the same aspect of 
performance of a motor vehicle only if the state's standard is 
identical to the Federal standard. However, the United States 
government, a state or political subdivision thereof 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 

[[Page 49543]]
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. This section does not require submission of a 
petition for reconsideration or other administrative procedures before 
parties may file suit in court.

Comments

    Interested persons are invited to submit comments on the proposal. 
It is requested but not required that 10 copies be submitted.
    All comments must not exceed 15 pages in length (49 CFR 553.21). 
This limitation is intended to encourage commenters to detail their 
primary arguments in a concise fashion. Necessary attachments may be 
appended to these submissions without regard to the 15-page limit.
    If a commenter wishes to submit certain information under a claim 
of confidentiality, 3 copies of the complete submission, including the 
purportedly confidential business information, should be submitted to 
the Chief Counsel, NHTSA, at the street address given above, and 7 
copies from which the purportedly confidential information has been 
deleted should be submitted to the Docket Section. A request for 
confidentiality should be accompanied by a cover letter setting forth 
the information specified in 49 CFR part 512, the agency's confidential 
business information regulation.
    All comments received before the close of business on the comment 
closing date indicated above for the proposal will be considered, and 
will be available to the public for examination in the docket at the 
above address both before and after the closing date. To the extent 
possible, comments filed after the closing date will also be 
considered. Comments received too late for consideration in regard to 
the final rule will be considered as suggestions for further rulemaking 
action. The agency will continue to file relevant information in the 
docket as it becomes available after the closing date, and it is 
recommended that interested persons continue to examine the docket for 
new material.
    Those persons desiring to be notified upon receipt of their 
comments in the docket section should enclose a self-addressed, stamped 
postcard in the envelope with their comments. Upon receiving the 
comments, the docket supervisor will return the postcard by mail.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.
    In consideration of the foregoing, 49 CFR part 571 would be amended 
as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for part 571 would continue to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.110 would be amended by revising S2 and S4.1; by 
removing the definitions of ``non-pneumatic rim,'' ``non-pneumatic 
spare tire assembly,'' ``non-pneumatic tire and non-pneumatic tire 
assembly,'' and ``wheel center member'' from S3; by removing S4.3(e); 
and by removing S5 through S8.2, to read as follows:


Sec. 571.110  Standard No. 110; Tire selection and rims.

* * * * *
    S2. Application. This standard applies to passenger cars.
* * * * *
    S4.1. General. Passenger cars shall be equipped with tires that 
meet the requirements of Sec. 571.109, New Pneumatic Tires--Passenger 
Cars.
* * * * *
    3. Section 571.120 would be amended by revising S3, S5.1.1, and the 
introductory paragraph to S5.3; and by removing S5.3.3, and S6 through 
S9.2, to read as follows:


Sec. 571.120  Standard No. 120; Tire selection and rims for motor 
vehicles other than passenger cars.

* * * * *
    S3. Application. This standard applies to multipurpose passenger 
vehicles, trucks, buses, trailers, and motorcycles, and to rims for use 
on those vehicles.
* * * * *
    S5.1.1  Except as specified in S5.1.3, each vehicle equipped with 
pneumatic tires for highway service shall be equipped with tires that 
meet the requirements of Sec. 571.109, New Pneumatic Tires for 
Passenger Cars, or Sec. 571.119, New Pneumatic Tires for Vehicles Other 
Than Passenger Cars, and rims that are listed by the manufacturer of 
the tires as suitable for use with those tires, in accordance with S4.4 
of Sec. 571.109 or S5.1 of Sec. 571.119, as applicable.
* * * * *
    S5.3  Label Information.
    Each vehicle shall show the information specified in S5.3.1 and 
S5.3.2 in the English language, lettered in block capitals and numbers 
not less than 3 thirty-seconds of an inch high and in the format set 
forth following this section. This information shall appear either--
* * * * *


Sec. 571.129  [Removed]

    4. Section 571.129 would be removed in its entirety from the CFR.

PART 574--TIRE IDENTIFICATION AND RECORDKEEPING

    5. The authority citation for Part 574 would continue to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    6. Section 574.4 would be revised it to read as follows:


Sec. 574.4  Applicability.

    This part applies to manufacturers, brand name owners, retreaders, 
distributors, and dealers of new and retreaded tires for use on motor 
vehicles manufactured after 1948. However, it does not apply to persons 
who retread tires solely for their own use.
    7. Section 574.5 would be amended by revising the introductory 
paragraph and paragraph (b) to read as follows:


Sec. 574.5  Tire identification requirements.

    Each tire manufacturer shall conspicuously label on one sidewall of 
each tire it manufactures, except tires manufactured exclusively for 
mileage-contract purchasers, by permanently molding into or onto the 
sidewall, in the manner and location specified in Figure 1, a tire 
identification number containing the information set forth in 
paragraphs (a) through (d) of this section. Each tire retreader, except 
tire retreaders who retread tires solely for their own use, shall 
conspicuously label one sidewall of each tire it retreads by 
permanently molding or branding into or onto the sidewall, in the 
manner and location specified in Figure 2, a tire identification number 
containing the information set forth in paragraphs (a) through (d) of 
this section. In addition, the DOT symbol required by applicable 
Federal Motor Vehicle Safety Standards shall be molded into or onto the 
tire sidewall and shall be located as shown in Figures 1 and 2. The DOT 
symbol shall not appear on tires to which no Federal Motor Vehicle 
Safety Standard applies, except that the DOT symbol on tires for use on 
motor vehicles other than passenger cars may, prior to retreading, be 
removed from the 

[[Page 49544]]
sidewall or allowed to remain on the sidewall, at the retreader's 
option. The symbols to be used in the tire identification number for 
tire manufacturers and retreaders are: ``A, B, C, D, E, F, H, J, K, L, 
M, N, P, R, T, U, V, W, X, Y, 1, 2, 3, 4, 5, 6, 7, 8, 9, 0.'' Tires 
manufactured or retreaded exclusively for mileage-contract purchasers 
are not required to contain a tire identification number if the tire 
contains the phrase ``for mileage contract use only'' permanently 
molded into or onto the tire sidewall in lettering a least one-quarter 
inch high.
* * * * *
    (b) Second grouping. For new tires, the second group, of no more 
than two symbols, shall be used to identify the tire size. For 
retreaded tires, the second group, of no more than two symbols, shall 
identify the retread matrix in which the tire was processed or a tire 
size code if a matrix was not used to process the retreaded tire. Each 
new-tire manufacturer and retreader shall maintain a record of each 
symbol used, with the corresponding matrix or tire size and shall 
provide such record to the NHTSA upon written request.
* * * * *
    8. Section 574.6 would be amended by revising the introductory 
paragraph and paragraph (c) to read as follows:


Sec. 574.6  Identification mark.

    To obtain the identification mark required by Sec. 574.5(a), each 
manufacturer of new or retreaded pneumatic tires shall apply in writing 
to Tire Identification and Recordkeeping, National Highway Traffic 
Safety Administration, Department of Transportation, 400 Seventh 
Street, SW, Washington, DC 20590, identify itself as a tire 
manufacturer or retreader and furnish the following information:
* * * * *
    (c) The type of tires manufactured at each plant, for example, 
pneumatic tires for passenger cars, buses, trucks or motorcycles; or 
pneumatic retreaded tires.

    Issued on September 19, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-23690 Filed 9-25-95; 8:45 am]
BILLING CODE 4910-59-P