[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