[Federal Register Volume 69, Number 107 (Thursday, June 3, 2004)]
[Rules and Regulations]
[Pages 31306-31321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11963]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

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

[Docket No. NHTSA-04-17917]
RIN 2127-AJ36


Tire Safety Information

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

ACTION: Final rule; response to petitions for reconsideration.

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

SUMMARY: This document responds to petitions for reconsideration 
requesting changes to the final rule published on November 18, 2002 
(November 2002 final rule). That final rule adopted new and revised 
tire safety information provisions in response to the Transportation 
Recall Enhancement, Accountability, and Documentation (TREAD) Act of 
2000. Specifically, the November 2002 final rule established a new 
Federal Motor Vehicle Safety Standard requiring improved labeling of 
tires to assist consumers in identifying tires that may be the subject 
of a safety recall. Further, the rule 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 
November 2002 final rule applied 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.
    After considering the petitions and other available information, 
the agency is modifying certain aspects of its November 2002 final 
rule.

DATES: The final rule published at 67 FR 69600 (November 18, 2002), as 
amended at 68 FR 33655 (June 5, 2003) by delaying the effective date, 
and further amended at 68 FR 37981 (June 26, 2003), is further amended 
by delaying the effective date from September 1, 2004, to September 1, 
2005. Additionally, the amendments in this rule are effective September 
1, 2005. Voluntary compliance is permitted before that time.

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: George Feygin, 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 7th Street, SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of Decision
II. Background
III. Petitions for Reconsideration
IV. Discussion and Analysis
    A. Tire Sidewall Labeling
    1. Placement of TIN
    2. Height of TIN
    3. Other
    a. ``Maximum permissible inflation pressure'' Requirements
    b. Date Code
    B. Vehicle Placard and Label
    1. Content
    2. Location
    3. Color
    4. Trailers
    5. Multistage Manufacturers
    6. School Buses
    7. Other
    C. Applicability of FMVSS No. 110 and 120
    D. Effective Date
    E. Conforming Amendments
V. Rulemaking Notices and Analyses
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B. Regulatory Flexibility Act
    C. National Environmental Policy Act
    D. Executive Order 13132 (Federalism)
    E. Unfunded Mandates Act
    F. Civil Justice Reform
    G. Paperwork Reduction Act
    H. Privacy Act
VI. Regulatory Text

I. Summary of Decision

    In response to the November 2002 final rule, which adopted new and 
revised tire safety information provisions,\1\ NHTSA received petitions 
for reconsideration from tire and vehicle manufacturers and 
associations. These petitions addressed various aspects of the new tire 
labeling and vehicle labeling requirements, including Tire 
Identification Number (TIN) placement, TIN height, location of the 
vehicle placard and label, content of vehicle placard, label, and 
owner's manual, and the effective dates for all applicable 
requirements.\2\
---------------------------------------------------------------------------

    \1\ For more information on the final rule subject to this 
notice, please see 67 FR 69600 (November 18, 2002).
    \2\ To see the of all the comments, please go to http://dms.dot.gov/ (Docket No. NHTSA-2002-13678).
---------------------------------------------------------------------------

    After considering the petitions and other available information, 
the agency is modifying certain aspects of both, tire labeling and 
vehicle labeling requirements. We are also clarifying content 
requirements for the vehicle placard, label, and the owner's manual. 
The following is a partial list of changes to the final rule:
     Retread tires are to be excluded from requirement that 
partial TIN be on the opposite sidewall from full TIN,
     A barcode or identification number will be permitted on 
the vehicle placard and label in a specified location,
     Tire load indications, ``XL'' or ``Reinforced,'' will be 
permitted to be placed on the vehicle placard and label,
     On the vehicle placard and label, the ``compact spare 
tire'' designation will be modified to be ``spare tire'' or ``spare,''
     Use of red ink on the placard and label is clarified and 
allowance is made for the use of either black text on a

[[Page 31307]]

yellow background or yellow text on a black background where currently 
specified,
     The chart within the Vehicle Placard of Figure 1 is re-
formatted to be identical to the chart within the Tire Inflation 
Pressure Label of Figure 2,
     Reference to ``occupants'' is be removed from trailer 
placards and trailer owner's manuals, and
     Incomplete and intermediate vehicle manufacturers are not 
allowed to affix a placard to an incomplete vehicle.
    This rulemaking also extends the effective date for compliance with 
vehicle labeling requirements for one year. The new effective date for 
the vehicle labeling requirements is September 1, 2005. The phase-in 
for the tire sidewall labeling requirements will begin on September 1, 
2005. Additionally, the requirement that tire manufacturers apply the 
full TIN on the ``intended outboard sidewall'' is no longer subject to 
the phase in schedule. Instead, the tire manufacturers may select which 
sidewall will contain the full TIN until September 1, 2009, at which 
time all tires will have to contain the full TIN on the ``intended 
outboard sidewall.'' All other tire labeling requirements, including 
the requirements for the partial TIN, will continue to be subject to 
the phase-in schedule. The phase-in schedule for all tire labeling 
requirements, other than full TIN on the ``intended outboard 
sidewall,'' is as follows:

 
 
 
Between 9/1/2005 and 8/31/2006............  40% of all tires subject to
                                             the November 2002 final
                                             rule must comply.
Between 9/1/2006 and 8/31/2007............  70% of all tires subject to
                                             the November 2002 final
                                             rule must comply.
On September 1, 2007......................  100% of all tires subject to
                                             the November 2002 final
                                             rule must comply.
 

II. Background

    The Transportation Recall Enhancement, Accountability, and 
Documentation (TREAD) Act of 2000, Pub. L. 106-414, required the agency 
to address numerous matters through rulemaking. One of these matters, 
set forth in section 11 of the Act, was the improvement of the labeling 
of tires required by section 30123 of title 49, United States Code, to 
assist consumers in identifying tires that may be the subject of a 
recall.
    Additionally, section 11 provided that the agency may take whatever 
additional action it deemed appropriate to ensure that the public is 
aware of the importance of observing motor vehicle tire load limits and 
maintaining proper tire inflation levels for the safe operation of a 
motor vehicle. Section 11 stated that such additional action may, for 
example, include a requirement that the manufacturer of motor vehicles 
provide the purchasers of the motor vehicles with information on 
appropriate tire inflation levels and load limits if the agency 
determined that requiring such manufacturers to provide that 
information was the most appropriate way that the information can be 
provided.
    In response to this mandate, NHTSA issued the November 2002 final 
rule establishing a single standard for light vehicle tires, FMVSS No. 
139, New Pneumatic Tires for Light Vehicles.\3\ It also established 
provisions for labeling requirements that address the following aspects 
of tire and vehicle labeling: tire markings, the Tire Identification 
Number (TIN), vehicle placard content and format, placard location, and 
owner's manual information. The rule applied to all new and retreaded 
tires for passenger cars, multipurpose passenger vehicles, trucks, 
buses and trailers with a gross vehicle weight rating (GVWR) of 4,536 
kg (10,000 pounds) or less, manufactured after 1975, and to all 
passenger cars, multipurpose passenger vehicles, trucks, buses and 
trailers with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 
pounds) or less.\4\ The performance-based requirements of FMVSS No. 
139, and their applicability, are addressed in the final rule on tire 
performance upgrade (68 FR 38116).
---------------------------------------------------------------------------

    \3\ Section 10 of the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act mandated that the 
agency issue a final rule to revise and update its tire performance 
standards. The performance-based requirements of FMVSS No. 139, and 
their applicability, are addressed in the final rule on tire 
performance upgrade (June 26, 2003; 68 FR 38116).
    \4\ Therefore, this standard is applicable to LT tires up to 
load range E. This load range is typically used on large SUVs, vans, 
and trucks.
---------------------------------------------------------------------------

    In separate documents, dated June 5, 2003 (68 FR 33655), and June 
26, 2003 (68 FR 37981), the agency clarified the applicability of the 
November 2002 final rule and extended the mandatory compliance date of 
the vehicle labeling provisions from September 1, 2003, to September 1, 
2004.

III. Petitions for Reconsideration

    NHTSA received petitions for reconsideration of the November 2002 
final rule from the following entities: Alliance of Automobile 
Manufacturers (Alliance), Volkswagen (VW), Rubber Manufacturers 
Association (RMA), European Tyre and Rim Technical Organization 
(ETRTO), Japan Automobile Tyre Manufacturers Association (JATMA), 
Hankook Tire Co. (Hankook), Tire Industry Association (TIA), and Thomas 
Built Buses (Thomas Built).
    NHTSA also received untimely submissions from the National Truck 
Equipment Manufacturers Association (NTEA), General Motors (GM), 
National Association of Trailer Manufacturers (NATM), National Marine 
Manufacturers Association (NMMA), Recreational Vehicle Industry 
Association (RVIA), and JATMA (a separate submission, requesting 
additional leadtime). Section 553.35 of title 49, CFR, requires that 
petitions for reconsideration of a final rule be received not later 
than 45 days after the publication of that rule in the Federal 
Register. That section further provides that untimely petitions are 
treated by the agency as petitions for rulemaking. However, untimely 
petitions received in connection with the November 2002 final rule 
addressed issues substantively similar to those raised by the timely 
petitions and therefore, we are addressing and responding all 
submissions in this document.
    The petitioners raised a variety of issues, including ones relating 
to the placement of the TIN, the TIN date code, the TIN height, maximum 
permissible inflation pressure requirements, additions to the vehicle 
placard, alternative locations of the vehicle placard, color 
requirements for the vehicle placard, placard content and location for 
trailers, effective dates, owner's manual information, and the 
applicability of FMVSS No. 110. All issues raised in the petitions for 
reconsideration are addressed in the Discussion and Analysis section 
below.

IV. Discussion and Analysis

A. Tire Sidewall Labeling

1. Placement of TIN
    As expressed in paragraph S5.5.1 of FMVSS No. 139, the November 
2002 final rule required that the full TIN is placed on the ``intended 
outboard sidewall'' of the tire, and either the full TIN or a partial 
TIN, containing all aspects of the TIN except for the date code, is 
placed on the opposite side. ``Intended outboard sidewall'' is defined 
in FMVSS No. 139 as the sidewall that contains a whitewall, bears white 
lettering, or bears manufacturer or model name molding that is higher 
or deeper than that on the other sidewall of the tire. If a tire does 
not have an intended outboard sidewall, the tire must be labeled with 
the full TIN on one

[[Page 31308]]

sidewall and with either the full TIN or a partial TIN on the other 
sidewall.
    Five petitioners raised issues regarding the placement of the TIN. 
JATMA argued that the agency should give tire manufacturers flexibility 
in determining the placement of the full TIN. RMA asserted that the 
agency should allow the full TIN to be placed on the opposite side from 
the sidewall with white lettering. RMA noted that NHTSA acknowledged 
that there are cost implications, technical issues, and worker safety 
concerns associated with requiring a full TIN in the top half of a tire 
mold. Because the ``intended outboard sidewall'' is usually in the top 
half of the mold, RMA states, the only way to comply with the final 
rule and eliminate work safety concerns is to ``flip'' these molds or 
replace them with a new molds with the ``intended outboard sidewall'' 
in the bottom half of the mold. According to RMA, flipping or replacing 
the molds will have significantly higher costs, $224,524,000, than 
those estimated by NHTSA. Further, RMA argues that this provision of 
the final rule only marginally improves the visibility of recall 
information.
    NHTSA is not adopting JATMA's request that the agency indefinitely 
allow the tire manufacturers to place the full TIN on sidewall of their 
choosing. As discussed throughout this rulemaking, requiring that the 
full TIN appear on the sidewall of the tire most accessible by 
consumers is the best means of ensuring that a consumer can easily 
determine whether a tire is subject to recall without having to take 
the vehicle to a dealer for examination. Further, enabling a consumer 
to have easy access to this important recall information was a major 
component of Congressional testimony on the issue of tire safety 
information.
    In the November 2002 final rule, the agency stated that 80% of 
tires potentially subject to a ``typical'' recall could be eliminated 
from the recall based on the information contained in the partial TIN. 
However, we noted that the partial TIN is less useful in situations 
where several manufacturing plants are involved in a recall.
    Although we are not allowing manufacturers indefinite flexibility 
in determining placement of the full TIN, we do acknowledge RMA's 
concern associated with cost implications of replacing and flipping 
molds in order to comply with full TIN requirements. As previously 
discussed in the November 2002 final rule, all tire manufacturers had 
indicated that current molds typically last up to five years. 
Accordingly, in order to alleviate the cost burden associated with 
reworking and replacing current molds, the agency has decided to 
provide manufacturers with a five year lead time during which they have 
the flexibility to select which sidewall of their tires will contain 
the full TIN. For this five-year time period, the manufacturers may 
select which sidewall will contain the full TIN. However, by September 
1, 2009, all tires must feature the full TIN on the ``intended outboard 
sidewall.'' We note that all other tire labeling requirements, 
including the requirements for the partial TIN, will continue to be 
subject to the phase-in schedule discussed above.
    NHTSA believes that this action, while easing the task of 
compliance, will not prove detrimental to the goal of making more tire 
safety information available to consumers. The benefits from the 
requirement that the partial TIN appear on the opposite sidewall of the 
full TIN will be available by 2007, when 100% of tires will be required 
to be manufactured with a full TIN on one sidewall and a partial TIN on 
the other. The partial TIN will be helpful in allowing consumers to 
determine more easily whether their tires are subject to a recall.
    JATMA's petition also asked NHTSA to amend the final rule to allow 
directional tires \5\ to have the full TIN placed on one sidewall and 
no partial TIN on the other sidewall. JATMA argued that directional 
tires do not have an intended outboard sidewall and that when the tires 
are mounted in pairs in the same rotating direction, the full TIN will 
always be outward on one side of the vehicle.
---------------------------------------------------------------------------

    \5\ Directional tires have directional tread designs (sometimes 
called unidirectional tread designs). The tire is intended to rotate 
in just one direction, so that certain characteristics, such as 
resistance to irregular wear, wet weather handling or road feel can 
be enhanced.
---------------------------------------------------------------------------

    We do not agree with JATMA that the partial TIN is unnecessary for 
directional tires. The agency does not believe that directional tires 
will always be installed in pairs on all vehicles, and that each pair 
of tires will necessarily contain the same TIN. Since these tires will 
not necessarily be installed in matching pairs, the TIN exposed on one 
tire on one side of the vehicle, would not necessarily be indicative of 
whether the tire on the other side of the vehicle would be subject to 
the recall in question. Furthermore, in situations where both left side 
and right side directional tires are manufactured from a single mold, 
the full TIN would appear on the outboard sidewall only 50% of the 
time.
    Similarly, the agency considered asymmetrical tires,\6\ which when 
mounted correctly, always have the intended outboard sidewall exposed. 
Again however, there is a possibility that asymmetrical tires would be 
mounted incorrectly, thus obscuring the only available TIN.
---------------------------------------------------------------------------

    \6\ Asymmetrical tires have a tread pattern design that changes 
across the tire (from bead to bead), often with a change in tread 
rubber compounds.
---------------------------------------------------------------------------

    While directional and asymmetrical tires are not very common, we 
believe that a uniform requirement of a full TIN on one sidewall and a 
partial TIN on the other sidewall of all tires would best advance our 
goal of enabling consumers to determine whether their tires are subject 
to a recall. As discussed above, we also believe that TIN should be 
available on both sidewalls because we are concerned that the 
directional and asymmetrical tires may be mounted incorrectly or not 
necessarily in pairs. Accordingly, the agency is not adopting the 
petitioner's request.
    ETRTO, JATMA and Hankook requested in their petitions that the 
agency amend the final rule to permit tire manufacturers to mark the 
optional code of the TIN on only one side of the tire. They argued that 
changing the mold to accommodate the optional code on both sides of the 
tire raises the same safety concerns that arise when changing the date 
code and that this additional marking incurs additional costs which 
were not quantified in the rulemaking. They also asserted that 
manufacturers should not be required to include the optional 
information in the partial TIN even though they decided to include it 
in the full TIN.
    The optional code represents the third grouping of numbers, up to 4 
digits, which may be added to the TIN at the option of the manufacturer 
and used as a descriptive code for identifying significant 
characteristics of the tire. We agree with the petitioners that since 
the use of this code is optional, it should be entirely optional so 
that the manufacturer can include it in either the full TIN, or the 
partial TIN or in neither. The decision to make the use of this code 
fully optional will not impinge on the efficacy of recall actions 
because we believe that the required information in the full TIN and 
partial TIN is sufficient to enable the consumer to determine whether a 
given tire is subject to a recall.
    TIA petitioned the agency to amend the final rule to exclude 
retreaded tires from the requirement to have the TIN information on 
both sidewalls and the full TIN on the ``intended outboard sidewall'' 
of the tire. TIA argued that the

[[Page 31309]]

main purpose of TREAD was to facilitate recalls and since retreaded 
tires have never been subject to a recall, the application of new TIN 
labeling provisions to retreads is unnecessary. Additionally, they 
argue that consumers of retreads are more sophisticated about tire 
labeling and are more likely to mount tires so that this information is 
readily visible. Further, TIA stated that the molding costs for placing 
the TIN on both sidewalls or on the intended outboard sidewall is 
higher than NHTSA estimated for retreaders and that these costs bring 
the costs of retreads closer to the costs of new tires which, 
consequently, will drive many retreaders out of an already shrinking 
market.
    While the agency does not necessarily agree with TIA's assertions 
concerning greater sophistication of retread tire users or TIA's costs 
estimates, the agency does agree that the tire safety information 
recall provisions of TREAD would have very little effect on consumer 
information because retreads, besides being a very small part of the 
light vehicle tire market, have never been involved any NHTSA recall 
action. Accordingly, the agency is granting TIA's request to exclude 
retread tires from the requirement to have the TIN information on both 
sidewalls and the full TIN on the ``intended outboard sidewall'' of the 
tire. Based on the very small market share and lack of recall history, 
retread tires containing the full TIN on one, unspecified sidewall, 
without additional partial TIN, should present no significant safety 
concerns for consumers.
2. Height of TIN
    As specified in Sec.  574.5, the November 2002 final rule requires 
that each character in the TIN be 6 mm (\1/4\'') high. Prior to the 
November 2002 final rule, all portions of the TIN were required to be a 
\1/4\'' in height, except for the date code, which was required to be 
\5/32\''. The agency stated that a requirement for a uniform TIN font 
size would significantly improve the readability of the TIN.
    ETRTO, JATMA and RMA petitioned the agency asking that tires under 
13-inch bead diameter or 6-inch cross section be excluded from the TIN 
height requirement. They asserted that prior to a July 8, 1999 final 
rule, tires of these cross-section widths and bead diameters were 
permitted to use \5/32\'' lettering instead of the \1/4\'' lettering. 
This \5/32\'' provision, they argue, was ``unintentionally omitted'' 
from the published revisions to Figures 1 and 2 of Sec.  574.5 in the 
July 8, 1999, final rule.\7\
---------------------------------------------------------------------------

    \7\ The July 8, 1999, final rule amended tire labeling 
requirements to change the date code from 3 digits to 4 digits 
rather than 3, see 64 FR 36807.
---------------------------------------------------------------------------

    The agency is not adopting the petitioners' request for two 
reasons. First, based on an informal survey of tires with the size bead 
diameter or cross section that are the subject of this request 
conducted, we were unable to find a single tire of this type that did 
not already meet the 6 mm (\1/4\ '') height requirement.\8\ 
Additionally, the agency's adoption of the 6 mm uniform height TIN, 
which occurred subsequent to the alleged ``unintentional omission,'' 
was based on previous rulemakings and consideration of comments on the 
ANPRM and NPRM that almost unanimously indicated that a smaller font 
size for the TIN was not sufficient. Based on the agency's research and 
the safety implications associated with the font height of the TIN, we 
are retaining the uniform 6mm (\1/4\'') height requirement for tires 
with under a 13-inch bead diameter or a 6-inch cross section.
---------------------------------------------------------------------------

    \8\ See docket No. NHTSA-2002-13678-30.
---------------------------------------------------------------------------

3. Other
a. ``Maximum Permissible Inflation Pressure'' Requirements
    In the November 2002 final rule, the agency extended the ``maximum 
inflation pressure'' labeling requirements to light truck tires. This 
provision is expressed in paragraph S5.5.6 of FMVSS No. 139.
    RMA, in its petition, asked the agency to make it clear that the 
``maximum permissible inflation pressure'' requirements in S5.5.4 apply 
only to passenger car tires and that the requirements in S5.5.5 apply 
only to high-pressure temporary spare tires. RMA's primary concern 
appears to involve S5.5.4, which, it stated, would require 
manufacturers to stamp LT tires with new maximum inflation pressures if 
this paragraph were interpreted to apply to LT tires as well as to p-
metric tires. RMA stated that this would occur because, under S5.5.4, 
manufacturers of LT tires would be required to stamp LT tires with new 
maximum inflation pressure values since it requires rounding to the 
``next higher whole number'' or ``nearest high number'' while, in 
contrast, light truck standards and tire markings are rounded to the 
``closest 5 pounds'' for the maximum load rating or the ``closest 
psi.''
    In response to RMA's request that we restrict applicability of 
S5.5.4 and S5.5.5 to only passenger car tires and high-pressure 
temporary spare tires, we have decided to revise the applicability of 
S5.5.4, but not S5.5.5. We agree with RMA's assertions concerning 
applicability of S5.5.4 to LT tires. The ``maximum inflation pressure'' 
labeling requirements for light trucks are in S5.5.6. However, without 
specification, S5.5.4 could mistakenly be interpreted to apply to LT 
tires, especially since S5.5.6 does not appear until after S5.5.4. With 
regard to S5.5.5, the agency does not believe that it is necessary to 
amend this paragraph to specify that it is only applicable to high-
pressure temporary spare tires. S5.5.5 currently specifies that its 
``maximum permissible inflation pressure'' provisions are only 
applicable if the maximum inflation pressure of the tire is 420 kPa (60 
psi). Currently, none of the values in the industry yearbooks provides 
a maximum load at 420 kPa for LT tires. Accordingly, we do not 
anticipate any confusion concerning application of S5.5.5 to anything 
other than temporary spare tires.
b. Date Code
    In its petition, RMA expressed two concerns with the final rule's 
modifications to Sec.  574.5(d), which specifies the fourth grouping 
requirements of the TIN. RMA's first concern stems from the first 
sentence of the paragraph which states ``[f]or tires produced or 
retreaded according to the phase-in schedules specified in S7 of 
Sec. Sec.  571.117, 571.129, 571.139 of this chapter, the fourth 
grouping, consisting of four numerical symbols, must identify the week 
and year of manufacture.''
    RMA read this provision as limiting the applicability of Sec.  
574.5(d) to light vehicle tires subject to the phase-in schedules in 
the final rule. RMA argued that tires not subject to the phase-in 
schedule should continue to be marked with the full TIN, including the 
4-digit date code. RMA requested the deletion of the phrase ``[f]or 
tires produced or retreaded according to the phase-in schedules 
specified in S7 of Sec. Sec.  571.117, 571.129, 571.139 of this 
chapter,'' so that all light vehicle tires, not only those subject to 
the phase-in schedule under the final rule, are covered by the 4-digit 
date code requirement in the fourth grouping.
    We agree with RMA that the phrase ``[f]or tires produced or 
retreaded according to the phase-in schedules specified in S7 of 
Sec. Sec.  571.117, 571.129, 571.139 of this chapter,'' unnecessarily 
limits the application of fourth grouping requirements to light vehicle 
tires under the final rule phase-in schedules. This was not the 
intention of the requirement. Therefore, we are adopting RMA's request 
to delete the

[[Page 31310]]

aforementioned sentence from the regulatory text.
    RMA's second concern arises from the third sentence of Sec.  
574.5(d) which reads ``[t]he calendar week runs from Sunday through the 
following Saturday.'' RMA argued that the introduction of an inflexible 
definition on a non-safety matter is unreasonable and impracticable. 
RMA stated that this revision would result in unnecessary lost 
production costs because it would force some manufacturers, which 
operate on a continuous basis (24 hours per day, 7 days per week) to 
change all of their date codes at one time. RMA requested that the 
agency delete the definition of ``calendar week'' in this provision.
    NHTSA is not adopting RMA's request regarding the definition of 
``calendar week.'' The agency, since May 10, 2001, has interpreted the 
``calendar'' week as it is now defined by the November 2002 final rule 
in Sec.  574.5(d). In this interpretation, we stated that to allow 
alternative definitions of ``calendar week'' could lead to obscuration, 
confusion or otherwise defeat the purpose of this information vital for 
the safe use of tires.\9\ Unlike RMA, we believe that the date code, as 
well as other required aspects of the TIN, constitute a ``safety 
matter.'' Further, we continue to believe that needless confusion, in 
either the production or consumer usage of the fourth grouping, might 
occur if we were to allow manufacturer to employ different definitions 
of ``calendar week.'' Finally, we note that the date code requirement 
is a record keeping requirement that will have no actual bearing on the 
way tire manufacturers choose to operate their production facilities.
---------------------------------------------------------------------------

    \9\ See NHTSA interpretation letter to Dae-Ki Min of Hankook 
Tire at http://www.nhtsa.dot.gov/cars/rules/interps/.
---------------------------------------------------------------------------

B. Vehicle Placard and Optional Tire Inflation Pressure Label

    In the November 2002 final rule, the agency revised existing 
Vehicle Placard (placard) requirements and introduced optional Tire 
Inflation Pressure Label (label) requirements. Previously, the placard 
was required for passenger cars under S4.3 of Sec.  571.110. The final 
rule extended this requirement to all light vehicles with a GVWR of 
10,000 pounds or less.\10\ The placard currently displays the vehicle 
capacity weight, the designated seating capacity, the vehicle 
manufacturer's recommended cold tire inflation pressure for maximum 
loaded vehicle weight, and the manufacturer's recommended tire size 
designation. Under the final rule, the manufacturers could either affix 
the newly required placard, or the current placard coupled with a tire 
inflation pressure label, to the driver's side B-pillar.
---------------------------------------------------------------------------

    \10\ 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(b)), the tire size 
designation and recommended cold inflation pressure 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, and the size and 
type designation of rims appropriate for those tires.
---------------------------------------------------------------------------

    The placard and label content requirements are listed below.
    First, we required that the placard contain certain information 
specified in S4.3 (paragraphs (a)-(e)).\11\ This information cannot be 
combined with any other additional information.
---------------------------------------------------------------------------

    \11\ (a) Vehicle capacity weight expressed as ``The combined 
weight of occupants and cargo should never exceed xxx kg or xxx 
lbs.''; (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) The statement ``SEE OWNER'S MANUAL FOR ADDITIONAL 
INFORMATION.''
---------------------------------------------------------------------------

    Second, the agency required that the label and placard meet the 
following three requirements: (1) The tire inflation pressure 
information in the placard must be visually separated by a red border 
from the other information on the existing vehicle placard or, 
alternatively, be placed on a separate label. The purpose of this 
requirement is ensure that the information is noticeable and explicit; 
(2) the placard and label must 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) the placard and label 
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 replaced 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 replaced the vehicle's recommended tire size 
designation with the tire size designation for the tires 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 is indicated by the headings ``original tire size'' or 
``original size'' on the placard or label.
    The final rule required 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 will 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 are required to be affixed to the inward 
facing surface of the vehicle next to the driver's seating position.
1. Content
    Numerous petitioners requested that the agency allow or require 
certain additional information on the vehicle placard. Majority of 
these requests had been previously considered and addressed by the 
agency in previous stages of this rulemaking. These issues are 
addressed below.
    The Alliance and RMA asked the agency to amend the final rule to 
allow the service description (load index and speed-category rating) to 
be placed on the placard or label. In the final rule, NHTSA stated that 
it had decided to prohibit placing the service description on the 
placard and label because it ``does not provide readily apparent or 
available information to consumers and would make it necessary for a 
vehicle operator to look to an index in the owner's manual or a tire 
industry publication to determine the actual tire maximum load.'' The 
Alliance, in its petition, stated that because this information is only 
pertinent to tire replacement and not important for everyday 
maintenance, consumers need not understand the meaning of the symbols 
but only need to match the symbols when replacing tires. The Alliance 
also stated that only allowing this information to be contained in the 
owner's manual means that it is less likely that the information will 
stay with the vehicle for its entire life. RMA similarly argued that, 
even with the maximum load rating listed on the consumer's existing 
tires, replacement tires are less likely to be mismatched if

[[Page 31311]]

the tire service description is included on the placard and/label.
    VW petitioned the agency to amend the final rule to allow the 
following on the vehicle placard or tire inflation pressure label: (1) 
Optional tire sizes and applicable inflation pressures, (2) different 
tire pressures for various loading conditions or driving speeds, (3) 
references to the presence and location of additional labels in other 
locations with inflation pressure information, and (4) multiple tire 
size and rim designation with analogous GAWRs and GVWRs.
    Similarly, the Alliance asked the agency to clarify whether the 
listing of optional tire sizes and applicable inflation pressures and 
different tire pressure for various loading conditions or driving 
speeds is permitted. The Alliance also requested that the agency allow 
multiple tire size and rim designations to appear on the placard and 
label.
    With regard to its requests concerning optional tire sizes and 
applicable inflation pressures and multiple tire size/rim designations, 
VW stated that it currently uses pre-printed labels that include all 
available tire options and that it would be costly to separately print 
labels for each option. Also, VW stated that for its non-passenger 
cars, it has been providing this information on either the 
certification label or another label that largely mirrors the 
certification label and to change the format of these labels would be 
costly to it. Additionally, it stated that a dealer may change the 
tires that were installed on the vehicle at the time of manufacture, 
and thus the information on that tire on the placard would be 
incorrect. Lastly, VW argued that vehicle owners may not be aware that 
tire option information or multiple tire size/rim designations are 
available on a separate label or in the owner's manual.
    ETRTO petitioned NHTSA to amend the final rule to allow the actual 
front and rear axle weight to appear on the vehicle placard. NTEA 
suggested that the placard make it clear that axle overloading by 
consumers relying upon the loading information provided on the placard 
is not a safety defect. These commenters asserted that maximum load 
capacity is of no use if the customer cannot check compatibility with 
the GAWR and that consumers, with the information provided on the 
placard, could still overload one of the axles without exceeding the 
vehicle capacity weight.
    The agency continues to believe that allowing the additional 
information such as optional tire and rim sizes, inflation pressures, 
alternative label locations, and axle weights, on the placard and label 
is not appropriate because listing such information in addition to the 
original tire size designation and the corresponding recommended 
inflation pressure would overcrowd the already content rich vehicle 
placard.
    The agency considered the arguments presented by petitioners with 
respect to dealers possibly installing optional tires or rims that 
differ from those installed by the manufacturer, and consequently, the 
placard may not accurately reflect the correct inflation pressures or 
loading characteristics for that vehicle. First, we note that optional 
tire sizes recommended by vehicle manufacturers often have the same 
recommended inflation pressures as the original equipment tires. 
Second, dealers are not permitted to sell non-complying vehicles or 
take actions which would take a vehicle out of compliance with the 
applicable safety standards.\12\ Therefore, if a dealer substitutes 
tires in such a way that the placard was no longer accurate, the dealer 
would need to affix a new placard. To make this clear, we have amended 
the language of S4.3(d) of FMVSS 110.
---------------------------------------------------------------------------

    \12\ See 49 U.S.C. 30122, which prohibits ``making inoperative, 
in whole or in part'' any part of a device or element of design 
installed on or in a motor vehicle in compliance with an applicable 
motor vehicle safety standard.
---------------------------------------------------------------------------

    With regard to the request to include axle weights on the placard, 
the agency points out that this information is provided on the 
certification label and, if the manufacturer chooses, can be included 
in the owner's manual.
    The agency, similarly, continues to view the service description as 
non-critical information that should not appear on the placard or 
label. Petitioners have not been able to demonstrate to the agency that 
the two labeling items contained in the service description, speed-
category symbol and load index,\13\ effectively communicate everyday 
tire maintenance and safety information to the U.S. public. Both these 
items provide the sort of information that is not intuitive to 
consumers and would require vehicle operators to look to the owner's 
manual in order to determine the actual maximum load and maximum rated 
speed of the tire. We note that manufacturers may continue labeling 
tires with this optional information, but the agency will not permit 
this information to be placed on the vehicle placard and label.\14\
---------------------------------------------------------------------------

    \13\ Under these regulations, the speed-category symbol and the 
load index are to be placed together near the size designation. For 
example, the sidewall would contain the size designation ``P215/
65R15 89H'' where ``H'' is the speed-category symbol and ``89'' is 
the load index.
    \14\ We note that Figure 2 of the November 2002 final rule 
incorrectly contained the load index and the speed category symbol. 
This document contains corrected figures depicting the tire 
information label and the tire placard. The load index and the speed 
category symbol have been excluded from the revised figures.
---------------------------------------------------------------------------

    In sum, the agency believes that overcrowding the vehicle placard 
and tire inflation pressure label with information considered non-
critical for regular maintenance would discourage the use of tire 
inflation pressure information on the placard and/or the label. 
Additionally, vehicle manufacturers may place this information on the 
certification label or include it in the owner's manual. Accordingly, 
the agency is not amending its general prohibition against ``other 
information'' being added to the vehicle placard and label.
    Several petitioners presented novel requests for changes and 
clarifications of the new labeling requirements that have not been 
previously contemplated by this agency. These issues are discussed 
below.
    The Alliance stated that since the vehicle placard would now be 
required on vehicles that contain more than one rear seating area/row, 
the agency should clarify whether manufacturers may show rear seating 
capacity individually by row rather than as a total for all rear rows.
    NHTSA does not believe that it is necessary for manufacturers to 
separate rear seat information by rows because the presence of seat 
belts will indicate to vehicle operators the number of designated 
seating positions in each row. Additionally, the agency anticipates 
that seating designation information would be contained in the owner's 
manual. Because this information is non-critical and otherwise 
available to the vehicle operator, the vehicle placard may not indicate 
the rear seating capacity by row. Instead, the placard must indicate 
the total number of rear seats, i.e. all seats located in rear 
designated seating positions.
    The Alliance and VW requested that NHTSA allow a barcode or partial 
number of the VIN to be added to the placard. They stated that because 
many vehicles will require unique labeling under this final rule, this 
type of information is needed to manage and track the accuracy of the 
placard or label application.
    NHTSA agrees with these petitioners that tracking and coordinating 
the correct application of unique placards and labels to vehicles has 
become more

[[Page 31312]]

complicated under the final rule and that enabling this task to be done 
correctly is an important concern. For these reasons, we are allowing 
vehicle manufacturers to place an optional identifier on the placard 
and label. This optional identifier (as indicated in the revised 
Figures 1 and 2 of FMVSS No. 110), must be located in the lower right 
hand corner of the placard or label and orientated vertically to the 
right of the ``See Owner's Manual for Additional Information'' block of 
text.
    RMA and the Alliance petitioned the agency to amend the final rule 
to allow placement of a load identification, e.g., ``XL'' or 
``Reinforced,'' on the placard or label. The Alliance stated that it is 
not clear under the final rule whether the designation for reinforced 
or extra load tires is included in the description for ``tire size 
designation.'' RMA argued that the designation of extra load passenger 
tires is critical information to communicate with consumers so they are 
able to make appropriate, safety based decisions in the selection and 
use of replacement tires.
    NHTSA anticipates that there are very few vehicles in the affected 
weight category that would be equipped with these types of tires as 
original equipment. However, the agency agrees with petitioners that 
when the vehicles are equipped with these tires, consumers should be 
made aware of this information so that they know to replace them with 
tires capable of holding a similar load. Therefore, NHTSA is amending 
the final rule to allow load identification, labeled as ``XL'' or 
``reinforced'', after the tire size designation.
    NTEA asked NHTSA to clarify the calculation of wheelchair seating 
designations for the purpose of determining ``vehicle capacity weight'' 
on the placard and label, because Sec.  571.3 specifies that a 
wheelchair position be counted as 4 designated seating positions. NTEA 
asserts that consumers will become confused if manufacturers are 
required to indicate a seating capacity that counts a wheelchair 
position as 4 positions. NHTSA provides the following clarification. 
Each wheelchair designation will be counted as only 1 seating position 
for the purposes of labeling. However, in determining the vehicle 
capacity weight, NHTSA expects that manufacturers will allocate extra 
weight necessary for the wheelchair in the calculation of the load that 
the vehicle and tires must be capable of carrying.
    VW, the Alliance, and NTEA made several requests regarding the 
labeling of spare tire information on the placard and/or label. VW 
asked the agency to amend the final rule to allow spare tire 
information to be optional. NTEA asked to be allowed to include the 
word ``none'' under the spare tire heading if no spare tire is included 
on the vehicle. NTEA and the Alliance requested that the agency clarify 
differences in headings in figures, e.g., ``compact spare tire'' and 
``spare'' and requested that the agency use ``spare'' consistently 
since some vehicles are equipped with full-size spare tires. The 
Alliance further stated that NHTSA needs to clarify whether pneumatic 
spare tire information is permitted on the placard since this is not 
specified as required information in the regulatory text, and the rule 
specifies that non-required information is not permitted on the label. 
The Alliance also requested that the agency amend the final rule so 
that all references in the regulatory text to non-pneumatic tires refer 
to ``non-pneumatic spare tire assembly'' instead of non-pneumatic 
assembly.
    The agency believes that consumers need to be aware of the 
inflation characteristics of spare tires so that they can be maintained 
properly. Accordingly, we will continue to require that both the 
placard and the labels contain spare tire information. However, in 
response to industry requests, the agency will clarify the spare tire 
information requirements. Specifically, we are amending the final rule 
to permit the use of word ``none'' under the spare tire heading, in 
those instances where original equipment on the vehicle does not 
include a spare tire. To provide further clarification regarding spare 
tires, NHTSA is amending its heading on the placard and the label to 
require the use of either ``spare tire'' or ``spare.'' We agree with 
petitioners that the term ``compact spare tire'' would not be 
appropriate or could be potentially confusing if a vehicle was equipped 
with a full size spare tire.
    NHTSA is also amending the regulatory text of FMVSS No. 110 so that 
the spare tire information included on the label is correctly 
represented as required information. Additionally, we are amending 
paragraph S4.3(g) to reference ``non-pneumatic spare tire assembly'' 
instead of ``non-pneumatic assembly'' as stated in the final rule. The 
analogous provision in the current version of FMVSS No. 110 refers to 
``non-pneumatic spare tire assembly.'' The agency inadvertently omitted 
the words ``spare tire'' from this phrase when drafting the final rule 
and is now correcting this error.
    Finally, after reviewing petitions for reconsideration of the 
November 2002 final rule, we decided to modify the Vehicle Placard in 
Figure 1 so that the chart within the placard is formatted identically 
to the chart within the Tire Inflation Pressure Label in Figure 2. We 
conclude that the chart currently found within Figure 2 is better 
organized than the chart currently found within Figure 1. We believe 
that the uniform use of a single chart format will enable consumers to 
better understand the necessary tire information. Additionally, in 
those rare instances where a vehicle is equipped with front and rear 
tires of different sizes, the chart format from the Figure 2 will allow 
a manufacturer to identify different tires sizes for front and rear 
tires. The Vehicle Placard in Figure 1 has been revised accordingly. 
This rule contains updated examples of the Vehicle Placard and the Tire 
Inflation Pressure Label.\15\
---------------------------------------------------------------------------

    \15\ Please see Figure 1 and Figure 2 respectively.
---------------------------------------------------------------------------

2. Location
    Paragraph S4.3 of FMVSS No. 110 requires the placard be permanently 
affixed to the driver's side B-pillar. If the vehicle lacks a B-pillar 
on the driver's side, the placard must be permanently affixed to the 
edge of the driver's side door. If the vehicle lacks a driver's side B-
pillar and either has a driver's side door whose edge is too narrow to 
permit the affixing of the placard or lacks a driver's side door, the 
placard must be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This paragraph also requires the 
tire inflation pressure label, if present, to be permanently affixed 
and proximate to the placard.
    The Alliance petitioned the agency to amend the final rule to allow 
alternate locations for the vehicle placard and tire label. The 
Alliance stated that the B-pillars of some vehicle do not have 
sufficient flat surface to design a placard that is ``legible, visible 
and prominent.'' They also stated that some vehicles lack a 
conventional B-pillar and are equipped with 2 doors opening in opposite 
directions. In these vehicles, the Alliance argues, the front-facing 
edge of the rear door is in a vehicle position similar to the B-pillar. 
The Alliance asserted that if manufacturers were required to design a 
label that would fit the available space, it might result in a label 
that is difficult to read due to size or angle. The Alliance requested 
the following alternatives to the B-pillar for placement of the placard 
and label: (1) Edge of driver's side door, (2) the leading edge of the 
driver's side rear door if the two doors on the same side of the 
vehicle open in opposite directions, (3) the inward facing surface

[[Page 31313]]

of the vehicle next to the driver's seating position, or (4) the 
outboard side of the instrument panel on the driver's side of the 
vehicle. In addition to placard location, the Alliance raised several 
other issues for clarification. First, they asked whether the ``inward-
facing surface of the vehicle next to the driver's seating position'' 
means the driver's door. They asserted that this surface is often 
carpeted or textured, making permanent attachment of a label difficult. 
Second, the Alliance asked whether the placard and label could be 
placed on the back wall of the cab behind the driver's seat and 
immediately adjacent to the B-pillar or on the driver's seat pedestal.
    The agency stated in the final rule that an important and 
overriding element of the placard and label location requirements is 
that they are placed in an accessible and predictable location in motor 
vehicles. Keeping this goal in mind, the agency has decided to slightly 
expand the flexibility provided to manufacturers for the location of 
the placard and label.
    For vehicles that lack a conventional B-pillar and have two doors 
on the same side opening in opposite directions, the agency agrees with 
the Alliance's argument that the front-facing edge of the rear door is 
in a vehicle position similar to the B-pillar. In fact, the agency 
believes that this location is visually equivalent. Therefore, while 
the agency will continue to require that the placard be permanently 
affixed to the driver's side B-pillar, it will, in the case of a 
vehicle with no B-pillar and two side doors opening in opposite 
directions, specify that the placard be located on the forward edge of 
the rear door.
    However, if the B-pillar or the front-facing edge of the rear door, 
in vehicle without a B-pillar, does contain surface sufficient to 
permit affixing of a placard that is legible, visible and prominent, 
the agency will specify that the placard be located on the edge of the 
driver's side door. Finally, if this location still does not permit 
affixing of a placard that is legible, visible and prominent, the 
agency will specify that the placard be affixed to the inward facing 
surface of the vehicle next to the driver's seating position.
    We note that these alternative locations are available only in the 
event that placement of the placard on the B-pillar, or in vehicle with 
no B-pillar and two side doors opening in opposite directions, the 
forward edge of the rear door, is not feasible. The agency continues to 
believe that a standardized location, with limited alternatives to 
accommodate special designs, will contribute to consumer awareness of 
recommended tire inflation pressure and load limits. The agency also 
notes, as it did in the final rule, that it has provided manufacturers 
with great flexibility concerning the size, shape and dimension of the 
placard. This flexibility provides manufacturers with considerable 
latitude to design the placard and label in a manner that can be 
configured to different vehicle designs.
    In response to the Alliance's request for clarification of whether 
the ``inward-facing surface of the vehicle next to the driver's seating 
position'' means the driver's door, the answer is yes. This surface 
could include the driver's side door or, if a driver's side door does 
not exist, it would be the surface located directly to the left of the 
driver's position. The agency does not agree, however, with the 
Alliance's assertion that permanent attachment of a placard and label 
to this surface is difficult because this surface is often carpeted or 
textured. We note that vehicle manufacturers have, for years, been 
required to permanently affix rollover and airbag warning labels to sun 
visors, which are often covered with fabric or textured. It is our 
understanding that achieving permanency when applying a label to a 
fabric surface is easily accomplished by heat transferring the labels 
directly to the material surface. Therefore, NHTSA will not amend the 
final rule to delete the ``inward-facing surface of the vehicle next to 
the driver's seating position'' location for placement of the placard 
and label.
3. Color
    The November 2002 final rule requires that the placard and label 
conform in color to examples set forth as Figures 1 and 2 of FMVSS No. 
110. As indicated in those figures, the agency requires that the tire 
inflation pressure information be visually separated by a red border 
from other information on the vehicle placard. The final rule also 
requires that the tire inflation pressure information appear in black 
text on a white background and that the phrases ``Tire and Loading 
Information,'' ``Tire Information,'' and ``See Owner's Manual For 
Additional Information'' appear in yellow text on a black background.
    In its petition, the Alliance requested that the agency amend the 
final rule to allow black text on a yellow background in those 
instances in which yellow text is required on a black background. The 
Alliance asserted that this revision would be consistent with current 
color schemes on other warning labels. Also, this requested amendment 
would allow manufacturers to stock pre-printed backgrounds for labels 
that could then be overwritten with black ink using existing laser 
printers. Lastly, the Alliance argued that the intent of using yellow 
to attract attention to the labels is preserved by this request.
    The agency has decided to adopt the Alliance's request. The agency 
agrees that black text on a yellow background would be as noticeable as 
yellow text on a black background. Therefore, we are amending the final 
rule to allow manufacturers the option of printing these areas on the 
placard and label as either black text on a yellow background or yellow 
text on a black background.
    With regard to the use of red ink for print on the placard, NTEA 
requested clarification of whether the headings and tire pressures 
listed on the placard and label are required to be in red ink. NTEA 
also stated that red ink is more susceptible to UV fading and that a 
significant minority of the population is red/green color blind.
    We wish to clarify that the November 2002 final rule required only 
that the tire inflation pressure information on the vehicle placard be 
visually separated by a red border from all other information. There 
were no additional requirements for use of red ink anywhere on the 
placard or the label.
    In sum, the color scheme of the label is black ink on a white 
background, except for: (a) The tire inflation pressure information on 
the vehicle placard must be visually separated by a red border; and (b) 
the phrases ``Tire and Loading Information'' and ``See Owner's Manual'' 
on the vehicle placard, and the phrases ``Tire Information'' and ``See 
Owner's Manual'' on the vehicle label must both appear in yellow text 
on black background or black text on yellow background.\16\
---------------------------------------------------------------------------

    \16\ Please see Figure 1 and Figure 2 accompanying this 
rulemaking. The figures indicate when use of color is required.
---------------------------------------------------------------------------

4. Trailers
    The November 2002 final rule extended application of vehicle 
labeling provisions to trailers. Several petitioners asked for 
clarification or presented requests regarding the manner in which the 
vehicle labeling provisions apply to trailers. NTEA requested that the 
agency remove the requirement for the ``occupant weight'' designation 
from trailer placards. It asserted that this statement implies that 
trailers are suitable for occupancy during transport and that this 
implication is dangerous. Similarly, RVIA, NMMA, and NATM suggested 
that NHTSA, with regards to trailers, delete the reference to occupants 
in the owner's manual

[[Page 31314]]

description for determining the correct load limit for the trailer.
    NHTSA agrees with petitioners that the references to occupants are 
not appropriate for determining vehicle load either on the placard or 
in the owner's manual of trailers. Therefore, the agency is amending 
the final rule to specify that trailers should use the phrase ``the 
weight of cargo should never exceed XXX kg or XXX lbs.'' instead of the 
currently required vehicle capacity weight statement. Similarly, NHTSA 
is specifying in the owner's manual descriptions of determining load 
limits for trailers should not reference occupants. NHTSA is also 
amending the final rule to specify that the section of the placard 
containing designated seating capacity information cannot appear on 
trailer placards.
    RVIA petitioned the agency to allow a differently formatted placard 
for trailers. Except for specifying the removal of references to 
occupants and seating positions as discussed above, the agency is not 
granting this request. NHTSA believes that consistency of format will 
improve consumer use and understanding of the placard and label.
    NATM, NMMA, and RVIA asked the agency to specify the location of 
the placard and label. NATM and NMMA requested that NHTSA require that 
the placard and label be placed by the certification label in the area 
specified in Sec.  567.4(d) which states ``[t]he label for trailers 
shall be affixed to a location on the forward half of the left side, 
such that it is easily readable from outside the vehicle without moving 
any part of the vehicle.'' RVIA petitioned for the agency to mandate 
that the placard appear in a ``conspicuous location'' and provided an 
example of the inside of a cabinet in the trailer.
    Prior to NATM's petition, the agency discovered that it had not 
specified a location requirement for the trailer placard and label. 
Thereafter, we published a correcting amendment which, for vehicles 
with a GVWR greater than 10,000 lbs, required the placard and the label 
to be placed in the area specified in Sec.  567.4.\17\ Section 567.4 
states ``[t]he label for trailers shall be affixed to a location on the 
forward half of the left side, such that it is easily readable from 
outside the vehicle without moving any part of the vehicle.'' The 
agency is not adopting RVIA's request that the placard and label be 
placed in a ``conspicuous location.'' NHTSA believes that the placard 
and label should be specified to be in a highly visible and objective 
location viewable from the outside of the trailer, not in a location, 
such as the inside of a cabinet or similar location, where the operator 
would need to know where to look to find the vital information 
contained on the placard and label.
---------------------------------------------------------------------------

    \17\ See 68 FR 37981 (June 26, 2003).
---------------------------------------------------------------------------

5. Multistage Manufacturers
    In the final rule, NHTSA considered labeling issues with respect to 
multi-stage manufactured and altered vehicles and decided that (1) 
Incomplete and intermediate manufacturers need not affix a placard to 
an incomplete vehicle, (2) alterers must affix a new placard, 
containing information accurate for the altered vehicle, over the 
placard installed by the vehicle manufacturer, so as to obscure the 
original placard, and (3) final stage manufacturers must label vehicles 
with vehicle capacity weight and seating designations ``as finally 
manufactured,'' utilizing information contained in the document 
(``IVD'') required by Sec.  568.4 of part 568, Vehicle Manufactured in 
Two or More Stages, to be provided by incomplete and intermediate 
vehicle manufacturers and the information particular to their role in 
the manufacture of the vehicle.
    NTEA petitioned the agency with respect to two multistage 
manufacturer issues. First, the petitioner requested that NHTSA require 
the chassis manufacturer to provide the unloaded vehicle weights for 
the front and rear axles for both complete and incomplete vehicles with 
factory weight options. NTEA stated that not all manufacturers 
currently provide this information and the only alternative to 
calculating weight based on the information provided would be for final 
stage manufacturers and alterers actually to weigh the vehicle 
themselves, which is costly and dangerous to the technicians. Second, 
NTEA asked that NHTSA make it clear that multi-stage manufacturers can 
rely on either the IVD or on the body builder book weights and other 
component supplier information to calculate the vehicle capacity weight 
required to be labeled on the placard.
    With regard to the issues presented by NTEA, NHTSA reiterates what 
it has stated in the final rule, i.e., the final stage manufacturers 
must themselves determine the unloaded vehicle weight, and the vehicle 
capacity weight. Under Sec.  568.4(a)(4) and Sec.  568.4(a)(5), 
incomplete and intermediate vehicle manufacturers are required to 
provide to the final stage manufacturer a document (``IVD'') containing 
GVWR. In the event that the final stage manufacturer cannot determine 
the unloaded vehicle weight and passenger weight, the final stage 
manufacturer is responsible for determining this information by means 
including, but not limited to, weighing the final vehicle and/or 
performing calculations. These calculations cannot be estimated based 
on GVWR provided in IVD or the body builder book. We are concerned that 
imprecise estimates may lead to improper certification of vehicle 
weight and capacity.
    While NHTSA recognizes that body builder books provide a useful 
resource to final stage manufacturers, particularly in instances where 
the IVD might become separated from the incomplete vehicle to which it 
relates, we are not specifying that these books can be relied upon 
instead of the IVD. As stated above, some of the information necessary 
to enable final stage manufacturers to label vehicles pursuant to the 
requirements of the November 2002 final rule is included in the IVD 
provided by incomplete and intermediate manufacturers. NHTSA, however, 
is taking this opportunity to encourage incomplete and intermediate 
manufacturers to include their component weight information in the body 
builder book weights and other component supplier information in order 
to facilitate the calculation of the vehicle capacity weight by the 
final stage manufacturers.
    We also wish to clarify a statement regarding multistage 
manufacturer responsibilities in the preamble of the November 2002 
final rule. The final rule states, ``incomplete and intermediate 
manufacturers need not affix a placard to an incomplete vehicle * * *'' 
We note that incomplete and intermediate manufacturers in fact cannot 
affix a placard to an incomplete vehicle. This clarification mirrors 
the regulatory text of FMVSS No. 110.
6. School Buses
    School buses of 10,000 pounds GVWR or less fall under the 
applicability of FMVSS No. 110 as revised by the final rule. Thomas 
Built petitioned the agency to exclude school buses from the 
requirements of the final rule. Thomas Built argued that the number of 
occupants per seat on a school bus is variable and that professional 
drivers operate school buses so that the informational requirements of 
the rule offer little, if any, value.
    The agency is denying this petition. While, as Thomas Built argues, 
the number of occupants per seat on some school buses may vary, school 
buses with a GVWR of 10,000 pounds or less must, as per paragraph 
S5(b)(1)(B) of FMVSS No. 222, have seat belts installed at each 
designated seating position. In other words, the designated number of 
seating positions on each school bus of 10,000 pounds GVWR or

[[Page 31315]]

less is known because a seat belt must be installed in those seating 
positions. Therefore, the manufacturers of these vehicles are capable 
of labeling the required seating capacity and calculating the required 
vehicle weight information on the placard.
    In response to petitioner's second point, the agency believes that 
the actual state of knowledge and level of expertise of personnel 
responsible for operating and maintaining school buses may vary 
considerably, especially for the smaller buses covered by this rule. 
For this reason, the agency is not excluding school buses from the 
requirements of this rule, which provide critical loading and inflation 
pressure information to the vehicle operators.
7. Other
    GM, in a March 21, 2003 letter to the docket, highlighted the need 
for two technical corrections to the regulatory text of FMVSS 110 
S4.3.4(b) and S4.3.4(c). GM pointed out that the language of FMVSS 110 
S4.3.4(b) references S4.2 of that standard which, in turn references 
paragraph S5.5 of FMVSS No. 109 and that that paragraph contains a 
performance test only applicable to passenger car tires. Since FMVSS 
No. 110 will now also be applicable to non-passenger car tires, the 
agency is adding a reference to the analogous test, contained in FMVSS 
No. 119 S7.4, for non-passenger cars.
    GM also highlighted the fact that the final rule regulatory text 
for paragraph S4.3.4(c) requires that each tire be capable of holding 
the entire vehicle maximum load and the vehicle normal load. The agency 
is correcting this error by adding the phrase ``on the tire for those 
vehicle loading conditions'' in the regulatory text to make it clear 
that each tire must be capable of holding its share of the loading 
conditions rather than the entire loading condition.
    The agency was asked by a Mitsubishi whether, in providing the 
required verbatim statement in owner's manuals concerning steps for 
determining correct load limit, it is permissible to add metric values 
where they are not specified in the regulatory text.
    In considering this question, we noticed a technical error in the 
regulatory text for the first step (Sec.  575.6(a)(5)). The regulatory 
text specifies that the first step is to ``[l]ocate the statement ``The 
combined weight of occupants and cargo should never exceed XXX pounds'' 
on your vehicle's placard.'' However, the actual statement on the 
placard includes metric as well as English units. We are correcting the 
regulatory text in this rule to accurately reflect the information in 
the placard.
    Mitsubishi's question is also relevant to the fourth step. The 
regulatory text for this step includes the following statement (again, 
to be included in the owner's manual): ``For example, if the ``XXX'' 
amount equals 1400 lbs. and there will be five 150 lb. passengers in 
your vehicle, the amount of available cargo and luggage load capacity 
is 650 pounds (1400 - 750 (5 x 150) = 650 lbs.)''.
    Vehicle owners in the United States are familiar with English 
units, and we do not believe it is necessary to require metric units as 
part of this example. However, if a manufacturer wishes to voluntarily 
include metric units as well as the specified English units in this 
statement, we would not consider additional metric units to be 
inconsistent with the requirement that the statement be ``verbatim.'' 
To avoid confusion, however, the entire equation in parentheses at the 
end of the statement should be provided separately in English and 
metric units, as the addition of a metric value after each English 
value could make it difficult to follow the example.

C. Applicability of FMVSS No. 110 and 120

    Please note that the agency addressed issues related to the 
applicability of FMVSS No. 110 and 120 in a technical amendment 
published on June 26, 2003 (68 FR 37981).

D. Effective Date

    In a notice dated June 5, 2003 (68 FR 33655), the agency extended 
the mandatory compliance date of the vehicle labeling and vehicle 
owner's manual provisions from September 1, 2003, to September 1, 2004. 
As discussed above, we are further extending the effective date of the 
November 2002 final rule to September 1, 2005. The phase-in schedule 
for tire labeling requirements has been revised to reflect the change 
in the initial effective date. Additionally, the manufacturers need not 
comply with the requirement that the full TIN be located on the 
intended outboard sidewall until September 1, 2009.
    JATMA submitted a letter in August 2003, noting that it had not yet 
received a response to its petition for reconsideration, and stating 
that ``[o]ur member companies are currently waiting for the agency's 
reconsideration, and, as a result, we do not have adequate time to 
comply with the phase-in schedule for tire markings commenc[ing] on 
September 1, 2004.'' JATMA requested that the agency provide at least 
12 months lead time for the commencement of the phase-in schedule after 
the agency's response.
    In response to Jamal's petition, we first note that all 
manufacturers affected by the November 2002 final rule should have been 
planning to comply with the requirements of that rule notwithstanding 
the outcome of any petitions for reconsideration. As previously stated 
by this agency, a pending petition for reconsideration does not toll 
the effective date of the subject final rule. NHTSA carefully considers 
all petitions for reconsideration arising from promulgation of new 
rules. After careful review, the agency decides whether to grant the 
petitions and whether to modify the rule. However, NHTSA's response to 
such petitions is prospective, and in the interim, the final rule 
remains effective as originally issued. Because the manufacturers 
cannot assume that the requested changes will be made in response to 
petitions for reconsideration, they must comply or take the necessary 
steps in order to timely comply with the original requirements of the 
subject final rule.
    Notwithstanding our policy, we are extending the effective date to 
September 1, 2005, because this rulemaking makes several changes to the 
Vehicle Placard and Tire Inflation Pressure Label. We anticipate that 
preparing the placards or labels containing the necessary changes may 
require more than 6 months that is currently available until the 
previous effective date of September 1, 2004. Accordingly, the new 
effective date for vehicle labeling requirements is September 1, 2005. 
We note that the phase-in schedule also begins on September 1, 2005.

E. Conforming Amendments

    The November 2002 final rule on tire labeling excluded motorcycle 
tires and specialty tires produced for antique vehicles (vehicles 
produced before 1975) from the applicability of FMVSS No. 139 labeling 
requirements. In the June 2003 final rule on tire performance upgrade, 
the agency additionally decided to exclude bias ply, special tires (ST) 
for trailers in highway service, tires for use on farm implements (FI) 
in agricultural service with intermittent highway use, and tires with 
rim diameters of 8 inches and below from the applicability of FMVSS No. 
139 performance requirements and stated that these tires would continue 
to be covered by FMVSS Nos. 109 and 119. In making the latter decision, 
the agency noted that these tires represent a very small (less than 1 
percent) segment of the market for light vehicle tires, are not

[[Page 31316]]

offered by any vehicle manufacturer on any new passenger car or light 
truck sold in the U.S., and that the number of miles that they are 
driven per year on highways is insignificant. For these same reasons, 
and to maintain consistent labeling and performance requirements for 
tires covered by FMVSS No. 109 and FMVSS No. 139, the agency has 
decided to make conforming amendments to the heading and application 
sections of FMVSS No. 139 in this final rule to exclude these same 
tires, bias ply, ST, FI, and 8-12 rim diameter tires, from the labeling 
provisions of FMVSS No. 139. As determined in the June 2003 final rule, 
these tires will continue to be covered by FMVSS No. 109 and 119.

V. Rulemaking Notices and Analyses

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
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.
    This rulemaking action was not reviewed under Executive Order 
12866. The rulemaking action is not significant under Department of 
Transportation regulatory policies and procedures. The effect of the 
action is to clarify existing requirements. It does not increase or 
decrease the legal obligations of any person under the November 2002 
final rule. Thus, this action does not change the impacts estimated in 
the final regulatory evaluation for that rule.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires agencies to evaluate the potential effects of their proposed 
and final rules on small business, small organizations and small 
governmental jurisdictions. I hereby certify that the amendments would 
not have a significant economic impact on a substantial number of small 
entities.
    The effect of the rulemaking action is to clarify existing 
requirements. Accordingly, this rulemaking will not change the effects 
of the November 2002 final rule on small business, small organizations 
and small governmental jurisdictions.

C. National Environmental Policy Act

    NHTSA has analyzed this final rule for the purposes of the National 
Environmental Policy Act. The agency has determined that implementation 
of this action does not have any significant impact on the quality of 
the human environment.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that it does not have sufficient Federal implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The final rule does not have 
any substantial impact on the States, or on the current Federal-State 
relationship, or on the current distribution of power and 
responsibilities among the various local officials.

E. Unfunded Mandates Act

    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) 
requires 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 aggregate, or by the private sector, of more 
than $100 million annually (adjusted annually for inflation with base 
year of 1995). Adjusting this amount by the implicit gross domestic 
product price deflator for the year 2000 results in $109 million 
(106.99/98.11 = 1.09). The assessment may be included in conjunction 
with other assessments, as it is here.
    This final rule will not result in expenditures by State, local, or 
tribal governments or tire suppliers of more than $109 million 
annually.

F. Civil Justice Reform

    This final rule does not have any retroactive effect. Under 49 
U.S.C. 21403, whenever a Federal motor vehicle safety standard is in 
effect, a State may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard, except to the extent that the state requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's use. 49 U.S.C. 21461 sets forth a procedure for judicial 
review of final rules establishing, amending or revoking Federal motor 
vehicle safety standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

G. Paperwork Reduction Act

    This final rule; response to petitions for information contains 
``collections of information,'' as that term is defined at 5 CFR part 
1320 Controlling Paperwork Burdens on the Public. In the NPRM (66 FR 
65535, December 19, 2001) and final rule (67 FR 69500, November 18, 
2002), NHTSA provided the following burden hour estimates for the 
collections of information associated with this rulemaking, and 
provided 60-day public comment periods:
    Revision of a Currently Approved Collection, OMB Clearance No. 
2127-0503, Tires and Rim Labeling, and Vehicle Placard Requirements. In 
the November 18, 2002, document, NHTSA estimated that the final rule 
would result in an additional hourly burden to Clearance No. 2127-0503 
of 111,539 hours for tire labeling and 25,184 hours for the vehicle 
placard requirements. NHTSA estimated the final rule would result in an 
initial cost burden for tire labeling of $23.4 million an annual cost 
burden for tire labeling of $0. The estimated total annual cost burden 
for vehicle placards is approximately $0.7 million.
    In today's final rule, NHTSA is changing the scope of tire labeling 
requirements by permitting tire manufacturers to mark the optional code 
of the TIN on only one side of the tire, and to exclude retreaded tires 
from the requirement to have the TIN information on both sidewalls and 
the full TIN on the ``intended outboard sidewall'' of the tires. The 
changes should result in somewhat fewer burden hours imposed on tire 
manufacturers. However, especially in light of the small market share 
of retreaded tires, NHTSA will continue to ask for a clearance of an 
additional 111,539 hours for tire labeling for Clearance No. 2127-0503, 
to ensure that it is not underestimating its proposed burdens on the 
public. The estimated initial cost burden for tire labeling remains at 
$23.4 million.

[[Page 31317]]

    For the collection of information associated with the vehicle 
placard and label, NHTSA is not changing the scope of the collection of 
information and is not amending its general prohibition against ``other 
information'' added to the vehicle placard and label. Thus, the 
estimated additional collection of information remains at 25,184 burden 
hours and $.07 million in cost burdens for the vehicle placard 
requirements.
    Revision of a Currently Approved Collection, OMB Clearance No. 
2127-0541, Consolidated Vehicle Owner's Manual Requirements of Motor 
Vehicles and Motor Vehicle Equipment. In the November 18, 2002, 
document, NHTSA estimated that the final rule would result in an 
additional hourly burden of 400 hours to Clearance No. 2127-0541, and 
estimated the total annual cost burden for revising the owner's manuals 
to be approximately $1.9 million.
    In today's final rule, NHTSA is permitting the addition of metric 
values to the required statement in owner's manuals in determining the 
correct load limit. Since NHTSA does not believe this change will 
affect the estimated collection of information burden associated with 
the owner's manual requirement, the estimate remains at 400 burden 
hours and approximately $1.9 million in total annual cost burden.
    Request for Approval of a New Collection, No OMB Clearance No, Tire 
Manufacturer Phase-In Reporting Requirements. In the November 18, 2002, 
document, NHTSA announced this new proposed collection of information, 
and estimated that total annual reporting and recordkeeping burden 
would be 6,048 hours. NHTSA estimated that there would be no costs 
resulting from this new collection because manufacturers are already 
compiling annual production information for their own uses. Today's 
final rule would not result in a change in the estimated number of 
burden hours or costs, but each report will be due from manufacturers a 
year later than the dates specified in the November 18, 2002, final 
rule. Thus, the manufacturers of new pneumatic tires for use on 
vehicles with a gross vehicle weight rating of 10,000 pounds or less 
will provide tire production data yearly from September 1, 2005, 
through September 1, 2007.
    NHTSA is preparing its request to OMB for clearance of the 
collections of information associated with this rulemaking. The public 
will have a 30-day period to provide comments on NHTSA's proposed 
collections when NHTSA's request reaches OMB.

H. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (volume 65, number 70; pages 19477-78), or you may visit 
http://dms.dot.gov.

VI. Regulatory Text

List of Subjects in 49 CFR Parts 571, 574, and 575

    Imports, Certification, Consumer information, Motor vehicle safety, 
Motor vehicles, Rubber and rubber products, and Tires.


0
In consideration of the foregoing, the final rule amending 49 CFR parts 
567, 571, 574, 575, and 597, published at 67 FR 69600 (November 18, 
2002), as amended at 68 FR 33655 (June 5, 2003) by delaying the 
effective date, and further amended at 68 FR 37981 (June 26, 2003), is 
further amended by delaying the effective date from September 1, 2004, 
to September 1, 2005. In addition, parts 571, 574, and 575 are amended 
as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 2011, 30115, 30166 and 30177; 
delegation of authority at 49 CFR 1.50.


0
2. Section 571.110 is amended by revising paragraph S4.3, adding 
paragraph S4.3.5, and revising Figures 1 and 2 at the end of Sec.  
571.110, to read as follows:


Sec.  571.110  Standard No. 110--Tire selection and rims for motor 
vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less.

* * * * *
    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through (g), 
and may show, at the manufacturer's option, the information specified 
in S4.3 (h) and (i), on a placard permanently affixed to the driver's 
side B-pillar. In each vehicle without a driver's side B-pillar and 
with two doors on the driver's side of the vehicle opening in opposite 
directions, the placard shall be affixed on the forward edge of the 
rear side door. If the above locations do not permit the affixing of a 
placard that is legible, visible and prominent, the placard shall be 
permanently affixed to the rear edge of the driver's side door. If this 
location does not permit the affixing of a placard that is legible, 
visible and prominent, the placard shall be affixed to the inward 
facing surface of the vehicle next to the driver's seating position. 
This information shall be in the English language and conform in color 
and format, not including the border surrounding the entire placard, as 
shown in the example set forth in Figure 1 in this standard. At the 
manufacturer's option, the information specified in S4.3 (c), (d), and, 
as appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must conform 
in color and format, not including the border surrounding the entire 
label, as shown in the example set forth in Figure 2 in this standard. 
The label shall be permanently affixed and proximate to the placard 
required by this paragraph. The information specified in S4.3 (e) shall 
be shown on both the vehicle placard and on the tire inflation pressure 
label (if such a label is affixed to provide the information specified 
in S4.3 (c), (d), and, as appropriate, (h) and (i)) may be shown in the 
format and color scheme set forth in Figures 1 and 2.
    (a) Vehicle capacity weight expressed as ``The combined weight of 
occupants and cargo should never exceed XXX kilograms or XXX pounds'';
    (b) Designated seated capacity (expressed in terms of total number 
of occupants and number of occupants for each front and rear seat 
location);
    (c) Vehicle manufacturer's recommended cold tire inflation pressure 
for front, rear and spare tires, subject to the limitations of S4.3.4;
    (d) Tire size designation, indicated by the headings ``original 
tire size'' or ``original size,'' and ``spare tire'' or ``spare,'' for 
the tires installed at the time of the first purchase for purposes 
other than resale;
    (e) On the vehicle placard, ``Tire and Loading Information and, on 
the tire inflation pressure label, ``Tire Information'';
    (f) ``See Owner's Manual for Additional Information'';
    (g) For a vehicle equipped with a non-pneumatic spare tire 
assembly, the tire identification code with which that assembly is 
labeled pursuant to the requirements of S4.3(a) of 571.129, New Non-
Pneumatic Tires for Passenger Cars;
    (h) At the manufacturer's option, a bar code or VIN located 
vertically on the right-hand edge of the placard and label; and

[[Page 31318]]

    (i) As appropriate, the tire load identification ``XL'' or 
``reinforced.''
* * * * *
    S4.3.5 Requirements for trailers. Each trailer, except for an 
incomplete vehicle, must show the information specified in S4.3 (c) 
through (g), and may show the information specified in S4.3 (h) and 
(i), on a placard permanently affixed proximate to the certification 
label specified in 49 CFR part 567. Additionally, each trailer must on 
its placard contain a cargo capacity statement expressed as ``The 
weight of cargo should never exceed XXX kilograms or XXX pounds'' in 
the same location on the placard specified for the ``vehicle capacity 
weight'' statement required by this standard. At the manufacturer's 
option, the information specified in S4.3 (c), (d), (h) and (i) may be 
shown, alternatively, on a tire inflation pressure label, and conform 
in color and format, not including the border surrounding the entire 
label, as specified in the example set forth in Figure 2 in this 
standard. The label shall be permanently affixed and proximate to the 
placard required by this paragraph. The information specified in S4.3 
(e) shall be shown on both the vehicle placard and on the tire 
inflation pressure label (if such a label is affixed to provide the 
information specified in S4.3 (c), (d), (h) and (i)) in the format and 
color scheme set forth in Figures 1 and 2.
* * * * *
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TR03JN04.004


[[Page 31319]]


[GRAPHIC] [TIFF OMITTED] TR03JN04.005

BILLING CODE 4910-59-C

0
3. Section 571.117 is amended by revising paragraphs S6.3, S7.1, S7.2 
and S7.3 to read as follows:


Sec.  571.117  Standard No. 117; Retreaded pneumatic tires.

* * * * *
    S6.3. Labeling. Each retreaded tire shall comply, according to the 
phase-in schedule specified in S7 of this standard, with the 
requirements of S5.5 and S5.5.1 of Sec.  571.139.
* * * * *
    S7.1. Tires retreaded on or after September 1, 2005 and before 
September 1, 2006. For tires manufactured on or after September 1, 2005 
and before September 1, 2006, the number of tires complying with S6.3 
of this standard must be equal to not less than 40% of the retreader's 
production during that period.
    S7.2. Tires retreaded on or after September 1, 2006 and before 
September 1, 2007. For tires manufactured on or after September 1, 2006 
and before September 1, 2007, the number of tires complying with S6.3 
of this standard must be equal to not less than 70% of the retreader's 
production during that period.
    S7.3. Tires retreaded on or after September 1, 2007. Each tire must 
comply with S6.3 of this standard.

0
4. Section 571.129 is amended by revising paragraphs S4.3, S7.1, S7.2 
and S7.3 to read as follows:


Sec.  571.129  Standard No. 129; New non-pneumatic tires for passenger 
cars.

* * * * *
    S4.3. Labeling requirements. Each new non-pneumatic tire shall 
comply, according to the phase-in schedule specified in S7 of this 
standard, with the requirements of S5.5 and S5.5.1 of Sec.  571.139.
* * * * *
    S7.1. Tires manufactured on or after September 1, 2005 and before 
September 1, 2006. For tires manufactured on or after September 1, 2005 
and before September 1, 2006, the number of tires complying with S4.3 
of this standard must be equal to not less than 40% of the 
manufacturer's production during that period.
    S7.2. Tires manufactured on or after September 1, 2006 and before 
September 1, 2007. For tires manufactured on or after September 1, 2006 
and before September 1, 2007, the number of tires complying with S4.3 
of this standard must be equal to not less than 70% of the 
manufacturer's production during that period.
    S7.3. Tires manufactured on or after September 1, 2007. Each tire 
must comply with S6.3 of this standard.

0
5. Section 571.139 is amended by revising its heading, S2, S5.5, 
S5.5.1, 5.5.4, S7.1, S7.2 and S7.3 to read as follows:


Sec.  571.139  Standard No. 139; New pneumatic radial tires for light 
vehicles.

* * * * *
    S2. Application. This standard applies to new pneumatic radial 
tires for use on motor vehicles (other than

[[Page 31320]]

motorcycles and low speed vehicles) that have a gross vehicle weight 
rating (GVWR) of 10,000 pounds or less and that were manufactured after 
1975. This standard does not apply to special tires (ST) for trailers 
in highway service, tires for use on farm implements (FI) in 
agricultural service with intermittent highway use, and tires with rim 
diameters of 8 inches and below.
* * * * *
    S5.5 Tire Markings. Except as specified in paragraphs (a) through 
(h) of S5.5, each tire must be marked on each sidewall with the 
information specified in S5.5 (a) through (d) and on one sidewall with 
the information specified in S5.5 (e) through (h) according to the 
phase-in schedule specified in S7 of this standard. The markings must 
be placed between the maximum section width and the bead on at least 
one sidewall, unless the maximum section width of the tire is located 
in an area that is not more than one-fourth of the distance from the 
bead to the shoulder of the tire. If the maximum section width falls 
within that area, those markings must appear between the bead and a 
point one-half the distance from the bead to the shoulder of the tire, 
on at least one sidewall. The markings must be in letters and numerals 
not less than 0.078 inches high and raised above or sunk below the tire 
surface not less than 0.015 inch.
    (a) The symbol DOT, which constitutes a certification that the tire 
conforms to applicable Federal motor vehicle safety standards;
    (b) The tire size designation as listed in the documents and 
publications specified in S4.1.1 of this standard;
    (c) The maximum permissible inflation pressure, subject to the 
limitations of S5.5.4 through S5.5.6 of this standard;
    (d) The maximum load rating;
    (e) The generic name of each cord material used in the plies (both 
sidewall and tread area) of the tire;
    (f) The actual number of plies in the sidewall, and the actual 
number of plies in the tread area, if different;
    (g) The term ``tubeless'' or ``tube type,'' as applicable; and
    (h) The word ``radial,'' if the tire is a radial ply tire.
    S5.5.1 Tire identification number.
    (a) Tires manufactured before September 1, 2009. Each tire must be 
labeled with the tire identification number required by 49 CFR part 574 
on a sidewall of the tire. Except for retreaded tires, either the tire 
identification number or a partial tire identification number, 
containing all characters in the tire identification number, except for 
the date code and, at the discretion of the manufacturer, any optional 
code, must be labeled on the other sidewall of the tire.
    (b) Tires manufactured on or after September 1, 2009. Each tire 
must be labeled with the tire identification number required by 49 CFR 
part 574 on the intended outboard sidewall of the tire. Except for 
retreaded tires, either the tire identification number or a partial 
tire identification number, containing all characters in the tire 
identification number, except for the date code and, at the discretion 
of the manufacturer, any optional code, must be labeled on the other 
sidewall of the tire. Except for retreaded tires, if a tire does not 
have an intended outboard sidewall, the tire must be labeled with the 
tire identification number required by 49 CFR part 574 on one sidewall 
and with either the tire identification number or a partial tire 
identification number, containing all characters in the tire 
identification number except for the date code and, at the discretion 
of the manufacturer, any optional code, on the other sidewall.
* * * * *
    S5.5.4 For passenger car tires, if the maximum inflation pressure 
of a tire is 240, 280, 290, 300, 330, 340, 350 or 390 kPa, then:
    (a) Each marking of that inflation pressure pursuant to S5.5(c) 
must be followed in parenthesis by the equivalent psi, rounded to the 
next higher whole number; and
    (b) Each marking of the tire's maximum load rating pursuant to 
S5.5(d) in kilograms must be followed in parenthesis by the equivalent 
load rating in pounds, rounded to the nearest whole number.
* * * * *
    S7.1 Tires manufactured on or after September 1, 2005 and before 
September 1, 2006. For tires manufactured on or after September 1, 2005 
and before September 1, 2006, the number of tires complying with S4, 
S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this 
standard must be equal to not less than 40% of the manufacturer's 
production during that period.
    S7.2 Tires manufactured on or after September 1, 2006 and before 
September 1, 2007. For tires manufactured on or after September 1, 2006 
and before September 1, 2007, the number of tires complying with S4, 
S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and S5.5.6 of this 
standard must be equal to not less than 70% of the manufacturer's 
production during that period.
    S7.3 Tires manufactured on or after September 1, 2007. Each tire 
must comply with S4, S5.5, S5.5.1, S5.5.2, S5.5.3, S5.5.4, S5.5.5, and 
S5.5.6 of this standard.

PART 574--TIRE IDENTIFICATION AND RECORDKEEPING

0
6. The authority citation for 49 CFR part 574 continues to read as 
follows:

    Authority: 15 U.S.C. 1392, 1401, 1403, 1407, 1411-1420, 1421; 
delegation of authority at CFR 1.50.


0
7. Section 574.5 is amended by revising paragraph (d) to read as 
follows:


Sec.  574.5  Tire identification requirements.

* * * * *
    (d) Fourth grouping. The fourth grouping, consisting of four 
numerical symbols, must identify the week and year of manufacture. The 
first two symbols must identify the week of the year by using ``01'' 
for the first full calendar week in each year, ``02'' for the second 
full calendar week, and so on. The calendar week runs from Sunday 
through the following Saturday. The final week of each year may include 
not more than 6 days of the following year. The third and fourth 
symbols must identify the year. Example: 0101 means the 1st week of 
2001, or the week beginning Sunday, January 7, 2001, and ending 
Saturday, January 13, 2001. The symbols signifying the date of 
manufacture shall immediately follow the optional descriptive code 
(paragraph (c) of this section). If no optional descriptive code is 
used, the symbols signifying the date of manufacture must be placed in 
the area shown in Figures 1 and 2 of this section for the optional 
descriptive code.
* * * * *

PART 575--CONSUMER INFORMATION

0
8. The authority citation for part 575 continues to read as follows:

    Authority: 15 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at CFR 1.50.


0
9. Section 575.6 is amended by revising paragraphs (a)(4) introductory 
text and (a)(5) to read as follows:


Sec.  575.6  Requirements.

* * * * *
    (a) * * *
    (4) When a motor vehicle that has a GVWR of 10,000 pounds or less, 
except a motorcycle or low speed vehicle, and that is manufactured on 
or after

[[Page 31321]]

September 1, 2005, is delivered to the first purchaser for purposes 
other than resale, the manufacturer shall provide to the purchaser, in 
writing in the English language and not less than 10 point type, a 
discussion of the items specified in paragraphs (a)(4)(i) through (v) 
of this section in the owner's manual, or, if there is no owner's 
manual, in a document:
* * * * *
    (5) When a motor vehicle that has a GVWR of 10,000 pounds or less, 
except a motorcycle or low speed vehicle, and that is manufactured on 
or after September 1, 2005, is delivered to the first purchaser for 
purposes other than resale, the manufacturer shall provide to the 
purchaser, in writing in the English language and not less than 10 
point type, the following verbatim statement, as applicable, in the 
owner's manual, or, if there is no owner's manual, in a document:
    (i) For vehicles except trailers: ``Steps for Determining Correct 
Load Limit--
    (1) Locate the statement ``The combined weight of occupants and 
cargo should never exceed XXX kg or XXX lbs.'' on your vehicle's 
placard.
    (2) Determine the combined weight of the driver and passengers that 
will be riding in your vehicle.
    (3) Subtract the combined weight of the driver and passengers from 
XXX kg or XXX lbs.
    (4) The resulting figure equals the available amount of cargo and 
luggage load capacity. For example, if the ``XXX'' amount equals 1400 
lbs. and there will be five 150 lb passengers in your vehicle, the 
amount of available cargo and luggage load capacity is 650 lbs. (1400-
750 (5 x 150) = 650 lbs.)
    (5) Determine the combined weight of luggage and cargo being loaded 
on the vehicle. That weight may not safely exceed the available cargo 
and luggage load capacity calculated in Step 4.
    (6) If your vehicle will be towing a trailer, load from your 
trailer will be transferred to your vehicle. Consult this manual to 
determine how this reduces the available cargo and luggage load 
capacity of your vehicle.''
    (ii) For trailers: ``Steps for Determining Correct Load Limit--
    (1) Locate the statement ``The weight of cargo should never exceed 
XXX kg or XXX lbs.'' on your vehicle's placard.
    (2) This figure equals the available amount of cargo and luggage 
load capacity.''
    (3) Determine the combined weight of luggage and cargo being loaded 
on the vehicle. That weight may not safely exceed the available cargo 
and luggage load capacity.

PART 597--TIRES FOR MOTOR VEHICLES WITH A GVWR OF 10,000 POUNDS OR 
LESS PHASE-IN REPORTING REQUIREMENTS

0
10. The authority citation for part 597 continues to read as follows:

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


0
11. Section 597.6 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec.  597.6  Reporting requirements.

    (a) General reporting requirements. Within 60 days after the end of 
the production years ending August 31, 2006 and August 31, 2007, each 
manufacturer shall submit a report to the National Highway Traffic 
Safety Administration concerning its compliance with Standard No. 139 
(49 CFR 571.139) for its tires produced in that year for motor vehicles 
with a GVWR of 10,000 pounds or less. * * *
* * * * *

    Issued: May 20, 2004.
Jeffrey W. Runge,
Administrator.
[FR Doc. 04-11963 Filed 6-2-04; 8:45 am]
BILLING CODE 4910-59-P