[Federal Register Volume 68, Number 108 (Thursday, June 5, 2003)]
[Rules and Regulations]
[Pages 33655-33658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14160]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 567, 571, 574, 575, and 597

[Docket No. NHTSA-03-15278]
RIN 2127-AI32


Tire Safety Information

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

ACTION: Final Rule; response in part to petitions for reconsideration; 
delay of effective date.

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SUMMARY: On November 18, 2002, NHTSA published a final rule that 
established a new Federal Motor Vehicle Safety Standard and amended 
existing standards to improve the information readily available to 
consumers about tires. The final rule specified an effective date of 
September 1, 2003 for the vehicle labeling provisions. Subsequently, 
the agency received petitions for reconsideration of the rule. Several 
petitioners requested a delay of that effective date. In response to 
this request, this document delays the effective date for the vehicle 
labeling provisions of the final rule to September 1, 2004.

DATES: This rule is effective June 5, 2003. The effective date of the 
final rule amending 49 CFR parts 567, 571, 574, 575, and 597, published 
at 67 FR 69600, Nov. 18, 2002, is delayed from Sept. 1, 2003, to Sept. 
1, 2004. Any petitions for reconsideration of this final rule must be 
received by NHTSA not later than July 21, 2003.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number for this action and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For technical and policy issues: Ms. 
Mary Versailles, Office of Planning and Consumer Standards. Telephone: 
(202) 366-2750. Fax: (202) 493-2290. Mr. Joseph Scott, Office of Crash 
Avoidance Standards, Telephone: (202) 366-2720. Fax: (202) 366-4329.
    For legal issues: Nancy Bell, Attorney Advisor, Office of the Chief 
Counsel, NCC-20. Telephone: (202) 366-2992. Fax: (202) 366-3820.
    All of these persons may be reached at the following address: 
National Highway Traffic Safety Administration, 400 Seventh Street, 
SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Final Rule

    On November 18, 2002, NHTSA published a final rule that established 
a new Federal Motor Vehicle Safety Standard and amended existing 
standards to improve the information readily available to consumers 
about tires. (67 FR 69600)(Docket No. NHTSA-02-13678) The final rule 
was published in response to the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act of 2000. It established a 
new Federal Motor Vehicle Safety Standard, FMVSS No. 139, New pneumatic 
tires for light vehicles, requiring improved labeling of tires to 
assist consumers in identifying tires that may be the subject of a 
safety recall. The final rule also required other consumer information 
to increase public awareness of the importance and methods of observing 
motor vehicle tire load limits and maintaining proper tire inflation 
levels for the safe operation of a motor vehicle. The final rule 
applies to all new and retreaded tires for use on vehicles with a gross 
vehicle weight rating (GVWR) of 10,000 pounds or less and to all 
vehicles with a GVWR of 10,000 pounds or less, except for motorcycles 
and low speed vehicles.
    The final rule made numerous modifications to the vehicle labeling 
requirements. The agency made four sets of revisions to the 
presentation of tire inflation pressure and load limit information on 
the vehicle placard required for passenger cars by S4.3 of Sec.  
571.110 and to be required for all light vehicles with a GVWR of 10,000 
pounds or less under this rule.\1\ This placard, permanently affixed to 
the glove compartment door or an equally accessible location, currently 
displays the vehicle capacity weight, the designated seating capacity 
(expressed in terms of total number of occupants and in terms of 
occupants for each seat location), the vehicle manufacturer's 
recommended cold tire inflation pressure for maximum loaded vehicle 
weight, and the manufacturer's recommended tire size designation.
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    \1\ FMVSS No. 120 currently requires that each motor vehicle 
other than a passenger car show, on the label required by Sec.  
567.4, or on a tire information label (S5.3.2(b)), the recommended 
tire size designation appropriate for the GAWR, the tire size and 
type designation of rims appropriate for those tires, and the 
recommended cold inflation pressure for those tires such that the 
sum of the load ratings on the tires on each axle (when the tire's 
load carrying capacity at the specified pressure is reduced by 
dividing 1.10, in the case of a tire subject to FMVSS No. 109, i.e., 
a passenger car tire) is appropriate for the GAWR.
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    Under the first set of revisions, the agency is requiring that tire 
inflation pressure information be visually separated by a red colored 
border from the other information on the existing vehicle placard or, 
alternatively, be placed on a separate tire inflation pressure label. 
The vehicle placard is to contain only the information specified in the 
adopted version of S4.3 (paragraphs (a)-(e)).\2\ This information will 
not be combined with other labeling or certification requirements. The 
vehicle placard will also have to

[[Page 33656]]

meet the color and content requirements as discussed below.
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    \2\ (a) Vehicle capacity weight expressed as ``THE COMBINED 
WEIGHT OF OCCUPANTS AND CARGO SHOULD NEVER EXCEED XXX POUNDS'';
    (b) Designated seating capacity (expressed in terms of total 
number of occupants and in terms of occupant for each seat 
location);
    (c) Vehicle manufacturer's recommended cold tire inflation 
pressure;
    (d) Tire size designation for the tire installed as original 
equipment on the vehicle by the vehicle manufacturer; and
    (e) ``SEE OWNER'S MANUAL FOR ADDITIONAL INFORMATION''.
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    Second, the agency is requiring that the tire inflation pressure 
label and vehicle placard meet the following three requirements: (1) 
The tire inflation pressure information is in color--red, yellow, and 
black on a white background, (2) contain a black and white tire symbol 
icon in the upper left corner, 13 millimeters (.51 inches) wide and 14 
millimeters (.55 inches) tall/high, and (3) include the phrases ``Tire 
and Loading Information'' and ``Tire Information'' and ``See Owner's 
Manual For Additional Information'' in yellow text on a black 
background.
    Third, the agency is replacing the vehicle capacity weight 
statement on the vehicle placard with the following sentence: ``[t]he 
combined weight of occupants and cargo should never exceed XXX kg or 
XXX pounds.'' The ``XXX'' amount equals the ``vehicle capacity weight'' 
of the vehicle as defined in FMVSS No. 110. The information is the same 
as that currently required to be placed on the vehicle placard by 
manufacturers.
    Fourth, the agency is replacing the vehicle's recommended tire size 
designation with the tire size designation for the tire installed as 
original equipment on the vehicle by the vehicle manufacturer. While in 
most instances these two numbers would be identical, this minor 
revision ensures that the consumer is provided with the correct tire 
inflation pressure information for the tire size actually installed on 
his vehicle as original equipment by the vehicle manufacturer. The 
original tire size designation and accompanying recommended inflation 
pressure will be indicated by the headings ``original tire size'' or 
``original size'' on the placard or label.
    This rule also requires that the placard or placard and label be 
located on the driver's side B-pillar. If a vehicle does not have a B-
pillar, then the placard and label must be placed on the edge of the 
driver's door. If the vehicle does not have a driver's side B-pillar 
and the driver's side door edge is too narrow or does not exist, the 
placard or placard and label must be affixed to the inward facing 
surface of the vehicle next to the driver's seating position.
    Finally, with regard to vehicle requirements, the agency is 
requiring that owner's manuals for light vehicles discuss the following 
five subject areas: (1) Tire labeling, (2) recommended tire inflation 
pressure, (3) glossary of tire terminology, (4) tire care, and (5) 
vehicle load limits. A single, reliable source containing the 
information listed above will aid consumers by providing the 
information that they need to properly maintain their tires and adhere 
to recommended load limits.

II. Petitions for Reconsideration

    In response to the November 2002 final rule, NHTSA received 
petitions for reconsideration from tire and vehicle manufacturers and 
their associations. These petitions made requests addressing various 
aspects of the both tire and vehicle labeling, e.g., Tire 
Identification Number (TIN) placement, placement of the vehicle placard 
and label, content of vehicle placard and label, and effective dates 
for the tire and vehicle labeling provisions. This final rule will, 
however, only address the requests regarding the effective date for the 
vehicle labeling provisions scheduled under the November 2002 final 
rule to become effective on September 1, 2003.
    In January 2003, the Alliance of Automobile Manufacturers 
(Alliance) and National Truck Equipment Association (NTEA) petitioned 
the agency to extend the effective date of the vehicle labeling 
provisions of the final rule. The Alliance petitioned the agency to 
change the effective date to September 1, 2004, or one year after 
addressing the issues raised in this petition, and/or issuing the final 
rule establishing the performance requirements of FMVSS No. 139, 
whichever is later. NTEA asked for an extension to September 1, 2004.
    The Alliance argued that the new labeling requirements for vehicle 
placards, labels, and owner's manuals were complex and there was a lack 
of justification of urgently providing this information to customers. 
The Alliance concluded that it would therefore be reasonable for the 
agency to allow additional lead time for implementation.
    More specifically, the Alliance explained that the final rule will 
require major changes to the end-of-line manufacturing process and 
associated facilities. They stated that automotive plants are not 
currently equipped to compute certain loading information or print a 
multicolored label as required by the final rule. The vehicle 
manufacturers will need additional time to procure equipment to print 
labels and install computers with extensive programming to create the 
interface to generate occupant and cargo weight information required on 
each label. NTEA expressed similar concerns about their members' 
ability to alter processes and acquire necessary equipment for the 
revised placards and labels during the provided lead time.
    With regard to the new owner's manual requirements, the Alliance 
stated that the writing and publishing of owner's manuals is a 1-year 
to 2-year process. Because owner's manuals are typically completed in 
April or May for the following model year, the Alliance argued that the 
current effective date does not allow sufficient lead time to make the 
major changes required by the final rule to every owner's manual 
published.
    In addition to considering the Alliance's petition, the agency met 
with representatives from General Motors (GM) on March 13, 2003 and 
Ford Motor Company (Ford) on April 22, 2003. GM echoed the Alliance's 
recommendations concerning the effective date. Ford briefed us in 
greater detail on why the 8 months lead time presents an obstacle to 
manufacturers. The new label contains VIN specific data, including 
payload, seating capacity and spare tire information, not previously 
required on the label. To comply with the new requirement, Ford is 
developing a new system and associated processes for their plants to 
allow them to manage the engineering data required for the label. Ford 
estimates that Spring 2004 is the earliest that it can have the system 
operational.

III. Agency Decision

    After considering the Alliance's petitions and the discussions with 
GM and Ford, the agency is modifying the mandatory compliance date for 
vehicle labeling, including owner's manual requirements. The agency 
concurs with the Alliance, GM and Ford that manufacturers of light 
trucks will need to make calculations regarding occupant and cargo 
weights that they have not needed to make in the past. For many car 
lines, manufacturers will have to calculate a number of different 
occupant/cargo weight combinations, depending on the specific model 
selected by the purchaser. For car lines with a variety of placard/
label possibilities, manufacturers also will have to develop processes 
to ensure that the correct label is applied to each vehicle as it comes 
off the assembly line. Unlike other rules that may entail relatively 
greater challenges for small manufacturers, the number of new 
calculations required by this final rule may be especially challenging 
for manufacturers with many product lines. Additionally, for all car 
lines, manufacturers will be required to make extensive changes to 
their owner's manuals and these changes typically require a longer lead 
time than that provided by the final rule. For these reasons, the 
agency is granting the

[[Page 33657]]

Alliance's and NTEA's recommendation to extend the mandatory compliance 
date of the vehicle labeling provisions to September 1, 2004.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866, Regulatory Planning and Review, and DOT 
Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 Fed. 
Reg. 51735; October 4, 1993), provides for making determinations 
whether a regulatory action is ``significant'' and therefore subject to 
Office of Management and Budget (OMB) review and to the requirements of 
the Executive Order. The Order defines a ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or Tribal governments or communities:
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    We have considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed 
under E.O. 12866, ``Regulatory Planning and Review.'' Further, we have 
determined that this action is not ``significant'' within the meaning 
of the Department of Transportation's regulatory policies and 
procedures (44 FR 11034; February 26, 1979).
    This final rule delays the effective date of a November 18, 2002 
final rule. There are no additional costs associated with today's final 
rule. Additionally, there are no loss of benefits since compliance was 
not possible by the originally specified date.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996) provides that whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule will not have 
a significant economic impact on a substantial number of small 
entities.
    In the November 18, 2002 final rule, the agency certified that that 
rule would not have a significant economic impact on a substantial 
number of small entities. Bearing that certification in mind, I have 
considered the effects of this rulemaking action under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) and certify that this final 
rule, which delays the effective date of that earlier final rule, will 
not have a significant economic impact on a substantial number of small 
entities. There are no additional costs associated with this final 
rule.

C. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.)(PRA), a person is not required to respond to a collection of 
information by a Federal agency unless the collection displays a valid 
OMB control number. Since it only delays the effective date of a final 
rule, this final rule does not impose any new collections of 
information requirements for which a 5 CFR part 1320 clearance must be 
obtained.

D. National Environmental Policy Act

    We have analyzed this final rule for the purposes of the National 
Environmental Policy Act. We have determined that implementation of 
this action will not have any significant impact on the quality of the 
human environment.

E. Executive Order 13132, Federalism

    Executive Order 13132 requires us to develop an accountable process 
to ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' are 
defined in the Executive Order to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' Under 
Executive Order 13132, we may not issue a regulation with Federalism 
implications, that imposes substantial direct compliance costs, and 
that is not required by statute, unless the Federal government provides 
the funds necessary to pay the direct compliance costs incurred by 
State and local governments, or unless we consult with State and local 
officials early in the process of developing the regulation. We also 
may not issue a regulation with Federalism implications and that 
preempts State law unless we consult with State and local officials 
early in the process of developing the regulation.
    This final rule does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
The reason is that this final rule applies to manufacturers of light 
vehicles and not to the States or local governments. Thus, the 
requirements of Section 6 of the Executive Order do not apply to this 
rule.

F. Civil Justice Reform

    This final rule does 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 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.

G. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires Federal agencies to prepare a written assessment of the costs, 
benefits and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local or 
tribal governments, in the

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aggregate, or by the private sector, of more than $100 million in any 
one year (adjusted for inflation with base year of 1995). Before 
promulgating a NHTSA rule for which a written statement is needed, 
section 205 of the UMRA generally requires us to identify and consider 
a reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows us to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if we 
publish with the final rule an explanation why that alternative was not 
adopted.
    This final rule will not result in costs of $100 million or more to 
either State, local, or tribal governments, in the aggregate, or to the 
private sector. Thus, this final rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.

H. Executive Order 13045--Economically Significant Rules 
Disproportionately Affecting Children

    Executive Order 13045 (62 FR 19885; April 23, 1997) applies to any 
rule that: (1) is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental, health or safety 
effects of the rule on children, and explain why the regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by us.
    This rule is not subject to the Executive Order because it is not 
economically significant as defined in E.O. 12866.

I. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

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

    Issued: May 30, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-14160 Filed 6-4-03; 8:45 am]
BILLING CODE 4910-59-P