[Federal Register Volume 61, Number 70 (Wednesday, April 10, 1996)]
[Proposed Rules]
[Pages 15917-15918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8888]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 574

[Docket No. 95-69, Notice 02]

RIN 2127-AF80


Federal Motor Vehicle Safety Standards: New Non-Pneumatic Tires 
for Passenger Cars; Tire Selection and Rims; Tire Selection and Rims 
for Motor Vehicles Other than Passenger Cars; Tire Identification and 
Recordkeeping

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

ACTION: Termination of rulemaking.

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SUMMARY: This notice terminates a rulemaking proceeding in which NHTSA 
proposed to rescind the Federal motor vehicle safety standard 
(Standard) establishing performance and labeling requirements for non-
pneumatic spare tires on new passenger cars. The notice further 
proposed to rescind related portions of several other tire standards 
and regulations. The basis for the proposed rescission was that non-
pneumatic spare tires were not being produced and that there were not 
any known plans to develop or produce any. However, a comment on the 
notice revealed that non-pneumatic spare tires are in fact under 
development. In light

[[Page 15918]]

of that comment, and since retention of the non-pneumatic tire 
provisions is necessary not only to regulate these tires, but also to 
provide an exception to the general requirement that new passenger cars 
and light trucks be equipped with pneumatic tires, the agency has 
decided to terminate this rulemaking action.

FOR FURTHER INFORMATION CONTACT: For technical issues: Robert M. 
Clarke, Chief, Vehicle Dynamics Division, Office of Crash Avoidance 
Standards, National Highway Traffic Safety Administration, 400 Seventh 
Street S.W., Washington, DC 20590, telephone (202) 366-5278; FAX (202) 
366-4329.
    For legal issues: Walter Myers, Office of the Chief Counsel, 
National Highway Traffic Safety Administration, 400 Seventh Street 
S.W., Washington, DC 20590, telephone (202) 366-2992, FAX (202) 366-
3820.

SUPPLEMENTARY INFORMATION:

Background

    In the late 1980's, motor vehicle and tire manufacturers embarked 
on research and development of non-pneumatic tires for possible use as 
temporary, light, and inexpensive spare tires on new passenger cars. 
Anticipating such development, NHTSA established Standard No. 129, New 
non-pneumatic tires for passenger cars (55 FR 29581, July 20, 1990), to 
become effective August 20, 1990. In the same notice, NHTSA amended 
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, to permit 
equipping new passenger cars and light trucks with non-pneumatic spare 
tires and establish labeling requirements. Thereafter, for various 
technical reasons, development of non-pneumatic tires was suspended and 
none were produced.
    On March 4, 1994, the President issued a directive entitled 
``Regulatory Reinvention Initiative'' to the heads of all Federal 
departments and agencies, directing them to review all regulations for 
which they were responsible in the Code of Federal Regulations (CFR) 
and eliminate unneeded ones and update the ones still needed. Pursuant 
to that directive, NHTSA reviewed its standards and regulations and 
tentatively concluded that the non-pneumatic spare tire provisions were 
unneeded and could therefore be rescinded. Consequently, NHTSA 
published a notice of proposed rulemaking (NPRM) proposing to rescind 
those provisions.

Notice of Proposed Rulemaking

    The proposal to rescind Standard No. 129, the exceptions for non-
pneumatic spare tires in Standard Nos. 110 and 120, and the applicable 
provisions of 49 CFR Part 574 was published in an NPRM on September 26, 
1995 (60 FR 49541), with a comment closing date of November 27, 1995. 
NHTSA stated that no such tires were being produced and, to the 
agency's knowledge, none were under development for future production. 
The agency suggested that it did not make any sense to retain the 
standard and the exceptions if there were no foreseeable plans to 
produce non-pneumatic tires. The agency did, however, solicit comments 
on whether, if a new non-pneumatic spare tire technology were developed 
in the future, existing requirements would be sufficiently generic to 
accommodate whatever non-pneumatic technology was likely to be 
employed.

Public Comment

    Two comments were received in response to the NPRM. Chrysler 
Corporation supported the proposal, stating that neither tire 
manufacturers nor the automotive industry showed any interest in the 
further development of non-pneumatic tires.
    However, American Tire Corporation of Ravenna, Ohio (American) 
opposed the proposal. American stated that it is a new company, founded 
in 1995, and that it had patented a new tire technology called 
``Dynamic Steerable Spring'' that encompasses both pneumatic and non-
pneumatic technology. American asserted that the new technology will 
produce a lower- cost tire/wheel system, will provide ``unprecedented'' 
safety and, being trouble-free, will eliminate mobility down-times. 
American stated that it has signed development and manufacturing 
license agreements with U.S., Asian, and European tire and wheel 
manufacturers and that it is negotiating agreements with others. The 
company plans to provide a prototype tire to DOT in the spring of 1996. 
American stated that the current non-pneumatic tire provisions have 
been ``very useful as a technology screening procedure which allowed 
engineers to assess new technology without endangering the public.'' 
The company requested, therefore, that NHTSA not rescind Standard No. 
129.

Agency Decision

    Based upon its consideration of available information, particularly 
the comments of American Tire Corporation, NHTSA has decided not to 
rescind Standard No. 129 and the related provisions of Standard Nos. 
110 and 120 and 49 CFR Part 574. As discussed above, NHTSA originally 
proposed to rescind the non-pneumatic tire requirements in the belief 
that such tires were not being produced or even considered for 
development. However, based upon American's comment that a tire 
incorporating a new non-pneumatic technology is indeed under 
development, NHTSA now concludes that it should retain the existing 
provisions establishing performance and labeling requirements for non-
pneumatic spare tires, including the provisions of Standard Nos. 110 
and 120 permitting equipping new vehicles with non-pneumatic tires. In 
view of American's comment and the apparent ability of the existing 
provisions in Standard No. 129 to accommodate the technology currently 
under development, the agency need not reach the question it posed in 
the NPRM about the ability of the Standard to accommodate future non-
pneumatic tire technology.
    For the reasons stated above, NHTSA is therefore terminating this 
rulemaking action.

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

    Issued on April 4, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-8888 Filed 4-9-96; 8:45 am]
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