[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27911-27915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13277]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. NHTSA-97-3251]
RIN 2127-AG67


Consumer Information Regulations; Uniform Tire Quality Grading 
Standards

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This rulemaking action follows the agency's granting of a 
petition filed by the Association of International Automobile 
Manufacturers (AIAM) for rulemaking to amend the Uniform Tire Quality 
Grading Standards (UTQGS) to remove the requirement that vehicle 
manufacturers provide general UTQGS information to purchasers and 
potential purchasers at the point of sale of new motor vehicles. That 
information is normally provided in leaflets that inform customers of 
the existence of the UTQGS, explain their purpose, and explain how 
consumers can use UTQGS information in purchasing replacement tires for 
passenger motor vehicles. Because new passenger cars are typically 
equipped with tires from any one of a number of tire manufacturers, the 
leaflets do not contain any information on the tires provided on a 
specific vehicle.
    Pursuant to the AIAM petition, the agency proposes to amend the 
consumer information regulation by removing the requirement that motor 
vehicle manufacturers provide general UTQGS information to purchasers 
and prospective purchasers of new motor vehicles at the point of sale, 
requiring instead that such information be included in owners' manuals, 
as some auto manufacturers already do. Elimination of the point-of-sale 
requirement would remove a burden on motor vehicle manufacturers and 
dealers, yet should have little effect on consumers. NHTSA believes 
that the general UTQGS information is of little value to consumers at 
the point of sale of new vehicles because the vehicles are sold with 
tires selected by the

[[Page 27912]]

manufacturer and the consumer has limited, if any, choice in selecting 
tire brands and models. Further, consumers normally have little 
interest in replacement tires when shopping for or purchasing a new 
vehicle. The agency believes that consumers would be better served by 
requiring such information to be included in owners' manuals for the 
future reference of those consumers when purchasing replacement tires. 
Finally, this action also proposes to delete the definitions of brake 
power unit, lightly loaded vehicle weight, maximum loaded vehicle 
weight, and maximum sustained vehicle speed from part 575 because they 
are no longer pertinent to the Consumer Information Regulations.

DATES: Comment closing date: Comments on this notice must be received 
on or before July 20, 1998.
    Proposed effective date: If adopted, the amendments proposed herein 
would become effective for new motor vehicles introduced more than 180 
days following publication of the final rule in the Federal Register. 
Optional early compliance would be permitted beginning on the date of 
publication of the final rule in the Federal Register.

ADDRESSES: Comments should refer to the docket number noted above and 
be submitted to: Docket Management, Room PL-401, 400 Seventh Street SW, 
Washington, DC 20590. Docket room hours are from 10 a.m. to 5 p.m., 
Monday through Friday.

FOR FURTHER INFORMATION CONTACT:
For technical issues, Mr. P.L. Moore, Safety Standards Engineer, Office 
of Planning and Consumer Programs, Safety Performance Standards, 
National Highway Traffic Safety Administration, 400 Seventh Street SW, 
Washington, DC 20590, telephone (202) 366-5222.
    For legal issues: 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:

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. The purpose of such system is to assist consumers in 
making informed decisions when purchasing tires.
    Authority to implement that requirement was delegated to the 
Administrator of NHTSA. In accordance with that statutory mandate, 
NHTSA issued the UTQGS in 49 Code of Federal Regulations (CFR), 
Sec. 575.104. The UTQGS, applicable to new passenger car tires, in 
general require motor vehicle and tire manufacturers and tire brand 
name owners to provide consumers with grading information for each tire 
of which they are the manufacturer or brand name owner with respect to 
their tires' relative performance regarding treadwear, traction, and 
temperature resistance. Excluded from the standards 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.
    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 manufacturer of that vehicle must provide, in writing and 
in the English language, the information specified in Secs. 575.103 and 
575.104 that is applicable to the vehicle and its tires. The required 
information regarding tires is set forth in Sec. 575.104(d)(1)(iii) 
which requires the vehicle manufacturer to list all possible grades for 
traction and temperature resistance and restate verbatim the 
explanation for each of the three performance areas. The information 
must also contain a statement referring the reader to the tire sidewall 
for the specific tire grades for the tires with which the vehicle is 
equipped. In addition, Sec. 575.6(c) requires each manufacturer of 
motor vehicles, each brand name owner of tires, and each manufacturer 
of tires for which there is no brand name owner to provide the 
information specified in subpart B of part 575 \1\ to prospective 
purchasers at each location at which its vehicles or tires are offered 
for sale. The subpart B information pertaining to tires specified in 
Sec. 575.104(d)(1)(ii) is also the general information on tire grading 
with additional specific grade rating information required only of the 
tire manufacturer or tire brand name owner.
---------------------------------------------------------------------------

    \1\ Subpart B of 49 CFR Part 575 includes Sec. 575.103, Truck-
camper loading; Sec. 575.104, Uniform tire quality grading 
standards; and Sec. 575.105, Utility vehicles.
---------------------------------------------------------------------------

The Petition

    The AIAM petitioned the agency to amend 49 CFR 575.6(a), (c), and 
(d), and the applicable portions of Sec. 575.104(d) to delete the 
requirement that motor vehicle manufacturers provide UTQGS information 
to purchasers and prospective purchasers at the point of sale of new 
vehicles. AIAM argues that new vehicles are sold with tires that are 
selected by the manufacturers for the particular vehicle models. Thus, 
the tires are not an item of choice for the vehicle purchaser. AIAM 
states that UTQGS information can be helpful when consumers are 
shopping for replacement tires, and that such information would be 
provided by tire manufacturers or brand name owners as required by the 
regulation.
    AIAM asserts that deletion of the requirement for motor vehicle 
manufacturers and their dealers to provide UTQGS information for new 
cars would eliminate unnecessary administrative and paperwork expenses 
for documents that are of no value to purchasers and prospective 
purchasers of new motor vehicles. AIAM asserts that in its members' 
experience, consumers do not ask for this information at new car 
dealerships.
    Finally, AIAM states that some vehicle manufacturers currently 
include UTQGS information in their owners' manuals where it is 
available to vehicle owners as a reference when considering the 
purchase of replacement tires.

Agency Analysis and Proposal

    NHTSA has no information on the cost of vehicle manufacturers of 
supplying UTQGS information at all its sales offices. However, 
considering that approximately 10 to 12 million vehicles are produced 
annually equipped with passenger car tires for the U.S. domestic 
market, the current provisions require many millions of leaflets or 
brochures, since auto manufacturers are required to provide this 
information not only to purchasers but to prospective purchasers as 
well. NHTSA believes that the AIAM point is well taken that purchasers, 
and especially prospective purchasers of new motor vehicles, would not 
normally be concerned about replacement tires while shopping for or 
purchasing a new vehicle.
    AIAM makes the point that, although not currently required, some 
vehicle manufacturers include UTQGS information in their owners' 
manuals. NHTSA believes that to be an excellent practice and an 
effective source of UTQGS information since owners' manuals are primary 
references for vehicle owners regarding virtually all aspects of their 
vehicles, and remain so for the life of the vehicle. Thus, when vehicle 
owners are ready to replace their tires, their owner's manual is a 
convenient source of UTQGS information for their consideration in 
selecting replacement tires.
    NHTSA is persuaded by the AIAM petition that UTQGS information 
would be of more value to consumers if set forth in owners' manuals 
rather than in new car show rooms. Accordingly, NHTSA proposes to 
amend, among other things, Sec. 575.6(a)(1) by requiring

[[Page 27913]]

vehicle manufacturers to include Sec. 575.104 information in the 
owner's manual of each vehicle it produces; and to amend paragraph 
(d)(1)(iii) of Sec. 575.104 to require that the UTQGS information 
prescribed in Sec. 575.104, Figure 2, Part II, be included in each 
vehicle's owner's manual. Those amendments would have the effect of 
deleting the requirement that vehicle manufacturers provide UTQGS 
information to purchasers and prospective purchasers of new passenger 
cars at the point of sale location, and to make that information 
available to vehicle owners in their owners' manuals. Thus, the 
information would still be available to consumers, yet would relieve 
manufacturers of the burden of providing quantities of information of 
questionable value to purchasers and prospective purchasers of new 
passenger cars.
    NHTSA also proposes to delete the definitions 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. Those definitions applied to 
Secs. 575.101, Vehicle stopping distance; 575.102, Tire reserve load; 
and 575.106, Acceleration and passing ability, all of which have been 
removed from Part 575 in previous rulemaking actions. In addition, 
NHTSA proposes to revise Example 2 in Sec. 575.6(a)(1) to be more 
representative of the type of tables that might appear in response to 
Sec. 575.103.
    Finally, NHTSA proposes 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 to 12 inches. NHTSA is proposing 
this change in order to eliminate any ambiguity about grading tires 
smaller than 10 inches, such as tires with rim diameters of 8 inches, 
that should also be excluded. NHTSA notes that there are few passenger 
car applications in the U.S. of tires with rim diameters of 12 inches 
or less.

Issues for NHTSA's Evaluation

    As stated above, the objective of the UTOGS is to provide 
meaningful comparative information to consumers that will assist them 
in making informed selections when purchasing passenger car tires. 
NHTSA continues its interest in providing the most effective and 
efficient ways of promulgating that information. Therefore, in order to 
obtain additional data for the agency's evaluation of the issues raised 
in this petition, NHTSA solicits comments on the following specific 
questions:
    1. To what extent do consumers and potential consumers consider the 
UTOGS information provided by vehicle manufacturers at the point of 
sale of new passenger cars?
    2. What costs are incurred in the preparation, printing, and 
distribution of UTOGS information at the point of sale of new passenger 
cars?
    3. In what quantities do vehicle manufacturers currently dispense 
UTOGS information at the point of sale of new passenger cars?
    4. How much lead time would be required and what costs would be 
incurred or saved by vehicle manufacturers by not having to provide 
UTOGS information at the point of sale, but by having to include such 
information in owners' manuals?
    5. How much time is currently devoted by manufacturers to the 
preparation and distribution of UTOGS information to purchasers and 
prospective purchasers of new passenger cars?
    6. Should any information be added to or deleted from that UTOGS 
information currently required?
    7. 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 
UTOGS ratings for the specific tires provided on each individual 
vehicle?

Rulemaking Analyses and Notices

    (a) 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 proposed 
action would relieve motor vehicle manufacturers of the requirement to 
provide UTOGS information to purchasers and prospective purchasers of 
new motor vehicles at the points of sale of those vehicles, but would 
require the manufacturers of vehicles equipped with passenger car tires 
to include that UTOQS information in the owner's manual of each 
individual such vehicle. Thus, although this proposed action, if 
finalized, would relieve vehicle manufacturers of one requirement and 
impose another, NHTSA believes that the cost of adding UTOQS 
information to owners' manuals, which vehicle manufacturers are already 
required to provide, would be minimal and in any case, less than the 
cost of preparing and providing separate UTOQS information at new 
vehicle dealerships. AIAM pointed out in its petition that some vehicle 
manufacturers already include UTOQS information in their owners' 
manuals. NHTSA believes, therefore, that implementation of this 
proposed regulatory action would result in an as-yet undetermined net 
overall cost savings to vehicle manufacturers. The agency hopes to 
receive more specific cost information from the public comments (see 
question No. 4, Issues for NHTSA's Evaluation, above). The agency 
believes, however, that any net cost savings would be minimal, 
therefore not warranting preparation of a full regulatory evaluation.
    (b) 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 notice of proposed rulemaking 
would 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 proposed herein 
would 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 
define 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 of 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. 
Because 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, NHTSA believes that small 
businesses, small organizations, and small governmental units would be 
affected

[[Page 27914]]

by the proposed amendments only to the extent that there could be a 
very slight, minimal decrease in the cost of new passenger cars. Thus, 
the agency has not prepared a preliminary regulatory flexibility 
analysis.
    (c) Executive Order No. 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.
    (d) 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.
    (e) Paperwork Reduction Act. The provisions of the proposed 
amendments herein 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 for Sec. 575.104 (UTQGS).
    (f) Civil Justice Reform. These proposed amendments would 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 States 
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.

Comments

    Interested persons are invited to submit comments on the amendments 
proposed herein. It is requested but not required that any comments be 
submitted in duplicate (original and 1 copy).
    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 concise fashion. Necessary attachments, however may be 
appended to those comments 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 noted above and 1 copy 
from which the purportedly confidential information has been deleted 
should be submitted to Docket Management. A request for confidentiality 
should be accompanied by a cover letter setting forth the information 
in 49 CFR part 512, Confidential Business Information.
    All comments received on or 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 received after the closing date will be 
considered. Comments received too late for consideration in regard to 
the final rule will be considered as suggestions for further rulemaking 
action. Comments on today's proposal will be available for public 
inspection in the docket. NHTSA will continue to file relevant 
information in the docket after the closing date, and it is recommended 
that interested persons continue to monitor the docket for new 
material.
    Those persons desiring to be notified upon receipt of their 
comments in the rule docket 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 575

    Consumer protection, Labeling, Motor vehicle safety, Motor 
vehicles, Rubber and rubber products, Tires.

    In consideration of the foregoing, 49 CFR part 575 would be 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.

    2. Section 575.2(c) would be 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 would be amended by revising paragraphs (a)(1), 
(d)(1)(i), (d)(1)(ii), and (d)(2). Section 575.104 would be amended by 
revising (c)(1); (d)(1)(ii); and (d)(1)(iii), 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 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

[[Page 27915]]

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 3 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.
* * * * *


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 
band 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 13, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-13277 Filed 5-20-98; 8:45 am]
BILLING CODE 4910-59-M