Federal Register, Volume 74 Issue 209 (Friday, October 30, 2009)

[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Proposed Rules]
[Pages 56166-56171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26135]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-09-0117]
RIN 2127-AK42

Federal Motor Vehicle Safety Standards; New Pneumatic and Certain
Specialty Tires

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This NPRM proposes to amend Federal Motor Vehicle Safety
Standard (FMVSS) No. 109, New pneumatic and certain specialty tires, to
change the test pressure for the physical dimensions test for T-type
tires (temporary use spare tires) from 52 pounds per square inch (psi)
to 60 psi. A 60-psi test pressure for the physical dimensions test
would marginally increase the stringency of the test while harmonizing
FMVSS No. 109 with international and voluntary consensus standards.
This NPRM responds to a petition for rulemaking from the Tire & Rim
Association.

DATES: You should submit your comments early enough to ensure that the
Docket receives them no later than December 29, 2009.

ADDRESSES: You may submit comments (identified by the DOT Docket ID
Number above) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
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 (65 FR 19477-78), or at http://www.dot.gov/privacy.html.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Santiago Navarro or George Soodoo,
NHTSA Office of Rulemaking, telephone 202-366-2720, fax 202-493-2739.
For legal issues, you may call Deirdre Fujita, NHTSA Office of Chief
Counsel, telephone 202-366-2992, fax 202-366-3820. You may send mail to
these officials at the National Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE., West Building, Washington, DC, 20590.

SUPPLEMENTARY INFORMATION:

I. Background

a. T-Type Spare Tires

NHTSA regulates ``T-type'' spare tires under FMVSS No. 109, New
pneumatic and certain specialty tires. A ``T-type'' spare tire refers
to a type of spare tire that is manufactured to be used as a temporary
substitute by the consumer for a conventional tire that failed. For T-
type spare tires, FMVSS No. 109 specifies tire dimensions and
laboratory test requirements for bead unseating resistance, strength,
endurance, and high speed performance. The standard also defines tire
load ratings and specifies labeling requirements for the tires.
NHTSA amended FMVSS No. 109 to permit the manufacture of T-type
(then known as ``60-psi'') spare tires in 1977, describing them as
``differ[ing] substantially in specification and construction from
conventional tires * * * [with] a higher inflation pressure (60 psi),
different dimensions, and a shorter treadwear life than conventional
tires.'' \1\ The agency adopted endurance and high-speed performance
tests, strength requirements, a resistance to bead unseating test, and
a physical dimensions test, which were appropriate for the temporary
use tires. Today's NPRM proposes an amendment to the physical
dimensions test.
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\1\ 42 FR 12869, 12870 (March 7, 1977).
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b. Physical Dimensions Test

The purpose of the physical dimensions test is to measure the
tire's growth under inflated conditions and to determine if it is
within allowable growth limits. If a tire exceeds allowable growth
limits in the physical dimensions test, that indicates that there could
be a safety risk from that tire not matching well with its rim, or not
fitting well with the vehicle to which it is attached. Either of these
mis-matches could present safety risks.
All T-type tires must comply with growth limits as specified by
S4.2.2.2 of FMVSS No. 109, which states that the tire's actual section
width and overall width may not exceed the specified section width \2\
by more than 7 percent or 10 millimeters (0.4 inches),

[[Page 56167]]

whichever is greater. The ``section width'' of a tire is defined in S3
of FMVSS No. 109 as ``the linear distance between the exteriors of the
sidewalls of an inflated tire, excluding elevations due to labeling,
decoration, or protective bands.''
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\2\ S4.2.2.2 states that the measured section width ``shall not
exceed the section width specified in a submission made by an
individual manufacturer, pursuant to S4.4.1(a) or in one of the
publications described in S4.4.1(b) for its size designation and
type * * *.'' (Emphasis added.) The ``publications described in
S4.4.1(b)'' refer to the year books published by various tire
manufacturer associations, such as T&RA. As a practical matter,
individual tire manufacturers generally submit section width
information to associations like T&RA for inclusion in the year
books, rather than submitting such information directly to NHTSA,
although FMVSS No. 109 allows the latter option.
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The test procedure for the physical dimensions test is specified in
S5.1 of FMVSS No. 109. That section states that the tire is mounted on
the appropriate test rim and inflated to the pressure listed in Table
II of the standard, which for 60-psi tires is 52 psi. The tire is then
conditioned at ambient temperature for 24 hours, at which point the
inflation is checked and adjusted back to 52 psi if necessary, and then
the tire is measured again. The later measurement is then compared with
the initial measurement to determine the tire's growth.

c. Test Pressure

NHTSA requires tire manufacturers to specify both a ``recommended''
pressure and a ``maximum permissible inflation pressure.'' The
recommended inflation pressure is the operational inflation pressure
needed to support the weight of the vehicle when loaded to its gross
vehicle weight rating. The maximum permissible inflation pressure,
which is required to be molded on the tire's sidewall, is the maximum
pressure beyond which the tire should not be inflated. Usually a
manufacturer's recommended inflation pressure is lower than the tire's
maximum pressure labeled on the tire sidewall.
Since most tires have a recommended inflation pressure that is
lower than the specified maximum pressure for the tire, the test
pressure that NHTSA uses to test tires dynamically on a test wheel is
generally lower than the maximum pressure labeled on the sidewall.
Further, most tires are operated at some level of under-inflation
during normal service. To reflect this real-world use, FMVSS No. 109's
dynamic test procedures generally specify under-inflating a tire when
testing the tire on the road-wheel. Moreover, dynamic tests are more
stringent when the tire is tested at an inflation pressure lower than
the pressure required to support the given test load. Under-inflating a
tire eventually results in greater heat build-up due to over-deflection
of a tire's sidewall, which increases the likelihood of tire failure.
Consistent with this approach, in the 1977 final rule NHTSA
determined that T-type (60 psi) tires should be tested to all of the
FMVSS No. 109 tests at a test pressure lower than the tire's maximum
permissible inflation pressure of 60 psi. For the physical dimensions
test, the agency determined that a 52-psi value reflects an operational
inflation pressure appropriate for use in the test. The 52-psi maximum
permissible inflation pressure adopted in 1977 has not been changed
since that final rule.

II. Tire & Rim Association Petition

In a July 13, 2007 petition, the Tire & Rim Association (T&RA)
requested that the agency make a technical correction \3\ to Table II
of FMVSS No. 109 regarding T-type tires. Specifically, T&RA requested
that ``the inflation pressure for the measurement of physical
dimensions in Table II be changed from 52 psi to 60 psi.'' T&RA stated
that ``There is only one application inflation pressure for T-type
tires, 60 psi,'' and that therefore ``this is the appropriate pressure
for the subject measurement.'' The petitioner also stated that the
inflation pressure for the bead unseating, tire strength, and tire
endurance test should remain at 52 psi.
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\3\ The agency believes that the petition should be addressed by
this notice and comment rulemaking rather than by way of a technical
correction.
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III. Agency Proposal

We concur with the petitioner that rulemaking is warranted to
change the inflation pressure for the physical dimensions test,
specified in Table II of the standard, from 52 psi to 60 psi. We are
not persuaded, however, by the petitioner's reasoning that the pressure
should be changed because ``there is only one application inflation
pressure for T-type tires, 60 psi, and consequently we believe that
this is the appropriate pressure for the subject measurement.'' The
agency rejected in 1977 the similar view that because these tires do
not have a ``design'' load level but only a single load level at its
maximum inflation pressure of 60 psi, the single load level (60 psi)
constituted the design load level. The petitioner did not provide
reasons as to why we should change the conclusion we came to in 1977 to
conclude now that a pressure of 60 psi would better reflect those
tires' normal service inflation pressure.\4\
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\4\ Indeed, for the dynamic tests which T-type tires must pass
under FMVSS No. 109, such as the endurance and high-speed tests, we
would not concur that raising the 52 psi inflation pressure to 60
psi would be justified on the basis that ``there is only one
application inflation pressure [of 60 psi].''
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Instead, we are proposing to raise the inflation pressure
specification for the physical dimensions for two other reasons. First,
raising the inflation pressure makes engineering sense because doing so
would increase the stringency of the test under conditions that are
within the realm of real world use. The physical dimensions test is a
static test where the stringency of the test is not greater at lower
inflation pressure but at higher inflation pressures. This is because
the tire expands at higher inflation pressures, which means that it
would be closer to the growth limit of its section width at a higher
inflation pressure. If the physical dimensions test pressure for T-type
tires were increased to 60 psi, then the test would become
incrementally more stringent than at 52 psi, because the additional
growth due to the higher inflation pressure would have to be within the
current limit established in FMVSS No. 109. The physical dimensions
test contrasts, in this respect, with the dynamic tests performed on
the road-wheel. It is also conceivable that the tires would be operated
at a 60 psi (or lower) inflation pressure since that is the inflation
pressure assigned the tire by the manufacturer.
Second, raising the test pressure for the physical dimensions test
for T-type tires from 52 psi to 60 psi is consistent with international
harmonization. The European regulation which covers T-type tires, ECE
Regulation 30, specifies that those tires be tested for physical
dimensions at ``4.2 bar,'' which is 420 kPa or the metric equivalent of
60 psi.\5\ The Japanese regulation, Automobile Type Approval Handbook
for Japanese Certification,\6\ also specifies that the inflation
pressure of the T-type spare tires be 420 kPa when measuring the tire
physical dimensions. Tire manufacturers, and ultimately, consumers, can
expect to achieve cost savings through the harmonization of differing
sets of standards. T-type tires are prepared for the world market. It
would be more economically efficient for manufacturers to use the same
test procedures and meet the same performance requirements worldwide.
This proposal helps to achieve these benefits.
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\5\ ECE Regulation No. 30, Annex 6, para. 1.2.5. Available at
http://www.unece.org/trans/main/wp29/wp29regs/r030r3e.doc.
\6\ Automobile Type Approval Handbook for Japanese
Certification, Safety Regulations for Road Vehicles, Technical
Standards For Pneumatic Tyres For Passenger-Use Motor Vehicles,
Annex 3, 1-2-5.
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We believe that existing 60-psi T-type spare tires will be able to
pass the amended physical dimensions test. Tires are designed to hold a
very stable shape within their possible range of pressure, but
especially at their operating pressure, which for T-type tires is 60
psi. Further, as mentioned above, existing European and Japanese
regulations already specify that T-type tires be tested for physical
dimensions

[[Page 56168]]

at the metric equivalent of 60 psi, and as we believe that tire
manufacturers develop similarly designed T-type tires for the U.S.,
European, and Japanese markets, T-type tires would be able to comply
with the 60-psi requirement. Additionally, we note that the request to
raise the physical dimensions test pressure came from a tire
manufacturer trade association, which indicates that meeting the
amended test is practicable. Thus, we anticipate that the costs of this
proposed change to FMVSS No. 109, if any, would be minimal.

IV. Other Issues

This NPRM proposes other changes to FMVSS No. 109. These changes
are minor and are as follows:
The petitioner T&RA suggested that Table II's references
to CT tires should be deleted. NHTSA tentatively agrees to this change
since CT tires are no longer manufactured for sale in the U.S. Text in
FMVSS No. 109 relating to CT tires (in S3, S4.2.1(b), S4.3.4 (inflation
pressures related to CT tires), and in Table I-C) would also be
removed.
S4.4.1(b) would be revised to update the list of tire
industry organizations, to make the list consistent with that
established in the upgrade of FMVSS No. 139, ``New pneumatic radial
tires for light vehicles.'' \7\
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\7\ 68 FR 38116; June 26, 2003, Docket NHTSA-03-15400; response
to petitions for reconsideration, 71 FR 877, January 6, 2006, Docket
2005-23439; technical amendments, 72 FR 49207, August 28, 2007,
Docket 2007-29083.
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Appendix A would be redesignated ``Appendix'' and moved to
the end of the standard, following the current Table II of the
standard. The first three sentences of the appendix would be corrected
to remove references to any ``tables,'' which are no longer set forth
in the appendix, and to update the address of NHTSA.

V. Proposed Effective Date

NHTSA proposes that a final rule on this rulemaking, assuming one
is issued, would be effective 180 days after publication of the rule in
the Federal Register. Optional early compliance would be permitted.

VI. Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This rulemaking document was not reviewed by the Office of
Management and Budget under E.O. 12866. It is not considered to be
significant under E.O. 12866 or the Department's Regulatory Policies
and Procedures (44 FR 11034; Feb. 26, 1979). This NPRM proposes to
increase slightly the stringency of an existing test applicable to T-
type spare tires for passenger vehicles. The rulemaking would not
affect current costs of testing T-type tires to FMVSS No. 109's
performance requirements. The minimal impacts of today's amendment do
not warrant preparation of a regulatory evaluation.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., NHTSA has evaluated the effects of this action on small entities.
I hereby certify that this proposed rule would not have a significant
impact on a substantial number of small entities. The NPRM would affect
tire manufacturers who manufacture T-type tires, none of which,
according to the agency's knowledge, are small businesses. Even if
there were a substantial number of small businesses manufacturing T-
type tires, these entities would not be significantly affected by a
final rule since to the agency's knowledge all currently manufactured
T-type tires would meet the proposed amendment. The rulemaking would
not affect current costs of testing T-type tires to FMVSS No. 109's
performance requirements.

Executive Order 13132 (Preemption)

NHTSA has examined today's NPRM pursuant to E.O. 13132 (64 FR
43255; Aug. 10, 1999) and concluded that no additional consultation
with States, local governments, or their representatives is mandated
beyond the rulemaking process. The agency has concluded that the
rulemaking would not have federalism implications because a final rule,
if issued, would not have ``substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.''
Further, no consultation is needed to discuss the issue of
preemption in connection with today's proposed rule. The issue of
preemption can arise in connection with NHTSA rules in at least two
ways. First, the National Traffic and Motor Vehicle Safety Act contains
an express preemption provision: ``When a motor vehicle safety standard
is in effect under this chapter, a State or a political subdivision of
a State may prescribe or continue in effect a standard applicable to
the same aspect of performance of a motor vehicle or motor vehicle
equipment only if the standard is identical to the standard prescribed
under this chapter.'' 49 U.S.C. 30103(b)(1). It is this statutory
command that unavoidably preempts State legislative and administrative
law, not today's rulemaking, so consultation would be unnecessary.
Second, the Supreme Court has recognized the possibility of implied
preemption: in some instances, State requirements imposed on motor
vehicle manufacturers, including sanctions imposed by State tort law,
can stand as an obstacle to the accomplishment and execution of a NHTSA
safety standard. When such a conflict is discerned, the Supremacy
Clause of the Constitution makes the State requirements unenforceable.
See Geier v. American Honda Motor Co., 529 U.S. 861 (2000). However,
NHTSA has considered the nature and purpose of today's proposed rule
and does not currently foresee any potential State requirements that
might conflict with it. Without any conflict, there could not be any
implied preemption.

National Environmental Policy Act

NHTSA has analyzed this NPRM for the purposes of the National
Environmental Policy Act (NEPA). The agency has determined that
implementation of this action would not have any significant impact on
the quality of the human environment.

Paperwork Reduction Act

Under the procedures established by the Paperwork Reduction Act of
1995, a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
OMB control number. This NPRM would not establish any new information
collection requirements.

National Technology Transfer and Advancement Act

Under the National Technology Transfer and Advancement Act of 1995
(NTTAA, Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' This proposal would harmonize FMVSS No. 109 with
several voluntary consensus standards, including the T&RA 2008 Year
Book standard,\8\ the ETRTO standard,\9\ and the JATMA standard,\10\

[[Page 56169]]

all of which specify 60 psi or 420 kPa (or 4.2 bar) as the inflation
pressure for measuring T-type tire dimensions. This proposal would also
harmonize FMVSS No. 109 with ECE Regulation 30 and Japanese Safety
Regulations, which currently require the physical dimensions test for
T-type tires to be conducted at the tire's maximum permissible
inflation pressure, 4.2 bar (420 kPa or 60 psi).
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\8\ The Tire & Rim Association, Inc. (T&RA), Year Book, 2008.
Measuring Procedure for New Tires, at XIII.
\9\ European Tyre and Rim Technical Organization (ETRTO),
Standards Manual, 2005. Table 11.2, Temporary Use Spare Tyres--T
Type, at P.22.
\10\ The Japan Automobile Tyre Manufacturers Association, Inc.
(JATMA), Year Book (Tyre Standards), 2008. Section G-5, ``Measuring
Procedure for Tyres,'' Note 1, at 0-4.
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Civil Justice Reform

With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. This document is consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above in connection with E.O. 13132. NHTSA
notes further that there is no requirement that individuals submit a
petition for reconsideration or pursue other administrative proceeding
before they may file suit in court.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 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 for inflation with base year of 1995). This NPRM
would not result in expenditures by State, local, or tribal
governments, in the aggregate, or by the private sector, in excess of
$100 million annually.

Executive Order 13045

E.O. 13045 (62 FR 19885; Apr. 23, 1997) applies to any rule that:
(1) Is determined to be ``economically significant'' as defined under
E.O. 12866, and (2) concerns an environmental, health, or safety risk
that NHTSA has reason to believe may have a disproportionate effect on
children. This rulemaking is not subject to E.O. 13045 because it is
not economically significant as defined in E.O. 12866.

Executive Order 13211

E.O. 13211 (66 FR 28355; May 18, 2001) applies to any rulemaking
that: (1) Is determined to be economically significant as defined under
E.O. 12866, and is likely to have a significantly adverse effect on the
supply of, distribution of, or use of energy, or (2) that is designated
by the Administrator of the Office of Information and Regulatory
Affairs as a significant energy action. This rulemaking is not subject
to E.O. 13211.

Plain Language

E.O. 12866 and the President's memorandum of June 1, 1998, require
each agency to write all rules in plain language. Application of the
principles of plain language includes consideration of the following
questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
If you have any responses to these questions, please include them
in your comments on this proposal.

Regulation Identifier Number (RIN)

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

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 (65 FR 19477-19478).

VII. Public Participation

How Do I Prepare and Submit Comments?

Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments. Your comments must not be
more than 15 pages long.\11\ We established this limit to encourage you
to write your primary comments in a concise fashion. However, you may
attach necessary additional documents to your comments. There is no
limit on the length of the attachments. Please submit your comments by
a method set forth in the ADDRESSES section at the beginning of this
document.
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\11\ See 49 CFR 553.21.
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Please also note that pursuant to the Data Quality Act, in order
for substantive data to be relied upon and used by the agency, it must
meet the information quality standards set forth in the OMB and DOT
Data Quality Act guidelines. Accordingly, we encourage you to consult
the guidelines in preparing your comments. OMB's guidelines may be
accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html.

How Do I Submit Confidential Business Information?

If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. When you send a comment
containing information claimed to be confidential business information,
you should include a cover letter setting forth the information
specified in our confidential business information regulation. See 49
CFR part 512.
In addition, you should submit a copy, from which you have deleted
the claimed confidential business information, to the Docket by one of
the methods set forth above.

Will the Agency Consider Late Comments?

We will consider all comments received before the close of business
on the comment closing date indicated above under DATES. To the extent
possible, we will also consider comments received after that date.
Therefore, if interested persons believe that any new information the
agency places in the docket affects their

[[Page 56170]]

comments, they may submit comments after the closing date concerning
how the agency should consider that information for the final rule.
If a comment is received too late for us to consider in developing
a final rule (assuming that one is issued), we will consider that
comment as an informal suggestion for future rulemaking action.

How Can I Read the Comments Submitted By Other People?

You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the DOT Docket at the street address listed
above.

List of Subjects in 49 CFR Part 571

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

In consideration of the foregoing, we propose to amend 49 CFR part
571 to read as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

Authority: 49 U.S.C. 322, 20111, 30115, 30166 and 30177;
delegation of authority at 49 CFR 1.50.

2. Sec. 571.109 is amended by--
A. Removing the definition of CT in S3;
B. Revising S4.2.1(b), the introductory text of S4.3.4, and
S4.4.1(b);
C. Redesignating Appendix A as ``Appendix to Sec. 571.109,''
moving the appendix to the end of Sec. 571.109 (following the tables
to Sec. 571.109), and revising the appendix; and
D. Revising Table I-C and Table II.
The revised and redesignated text, tables, and appendix read as
follows:

Sec. 571.109 Standard No. 109; New pneumatic and certain specialty
tires.

* * * * *
S4.2.1
* * * * *
(b) Its maximum permissible inflation pressure shall be either 32,
36, 40, or 60 psi, or 240, 280, 300, 340, or 350 kPa.
* * * * *
S4.3.4 If the maximum inflation pressure of a tire is 240, 280,
300, 340, or 350 kPa, then:
* * * * *
S4.4.1
* * * * *
(b) Contained in publications, current at the date of manufacture
of the tire or any later date, of at least one of the following
organizations:

Tire and Rim Association
The European Tyre and Rim Technical Organization
Japan Automobile Tire Manufacturers' Association, Inc.
Tyre and Rim Association of Australia
Associacao Latino Americana de Pneus e Aros (Brazil)
South African Bureau of Standards
* * * * *

Table 1-C--For Radial Ply Tires
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum permissible inflation
---------------------------------------------------------------------------------------
Size designation PSI kPa
---------------------------------------------------------------------------------------
32 36 40 240 280 300 340 350
--------------------------------------------------------------------------------------------------------------------------------------------------------
Below 160 mm:
(in-lbs).................................................... 1,950 2,925 3,900 1,950 3,900 1,950 3,900 1,950
(joules).................................................... 220 330 441 220 441 220 441 220
160 mm or above:
(in-lbs).................................................... 2,600 3,900 5,200 2,600 5,200 2,600 5,200 2,600
(joules).................................................... 294 441 588 294 588 294 588 294
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Table II--Test Inflation Pressures
[Maximum permissible inflation pressure to be used for the following test]
--------------------------------------------------------------------------------------------------------------------------------------------------------
psi kPa
Test type --------------------------------------------------------------------------------------------------
32 36 40 60 240 280 300 340 350
--------------------------------------------------------------------------------------------------------------------------------------------------------
Physical dimensions.................................. 24 28 32 60 180 220 180 220 180
Bead unseating, tire strength, and tire endurance.... 24 28 32 52 180 220 180 220 180
High speed performance............................... 30 34 38 58 220 260 220 260 220
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Appendix to Sec. 571.109

Persons requesting the addition of new tire sizes not included
in S4.4.1 (b) organizations may, upon approval, submit five (5)
copies of information and data supporting the request to the Vehicle
Dynamics Division, Office of Crash Avoidance Standards, National
Highway Traffic Safety Administration, 1200 New Jersey Ave SE.,
Washington, DC 20590.
The information should contain the following:
1. The tire size designation, and a statement either that the
tire is an adition to a category of tires listed in the tables or
that it is in a new category for which a table has not been
developed.
2. The tire dimensions, including aspect ratio, size factor,
section width, overall width, and test rim size.
3. The load-inflation schedule of the tire.
4. A statement as to whether the tire size designation and load
inflation schedule has been coordinated with the Tire and Rim
Association, the European Tyre and Rim Technical Organization, the
Japan Automobile Tire Manufacturers' Association, Inc., the Tyre and
Rim Association of Australia, the Associacao Latino Americana de
Pneus e Aros (Brazil), or the South African Bureau of Standards.

[[Page 56171]]

5. Copies of test data sheets showing test conditions, results
and conclusions obtained for individual tests specified in Sec.
571.109.
6. Justification for the additional tire sizes.

Issued: October 22, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.

[FR Doc. E9-26135 Filed 10-29-09; 8:45 am]
BILLING CODE 4910-59-P