[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]
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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.
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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.
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\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.
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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