[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Rules and Regulations]
[Pages 15894-15947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6907]



[[Page 15893]]

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Part III





Department of Transportation





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National Highway Traffic Safety Administration



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49 CFR Part 575



Tire Fuel Efficiency Consumer Information Program; Final Rule

  Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Rules 
and Regulations  

[[Page 15894]]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. NHTSA-2010-0036]
RIN 2127-AK45


Tire Fuel Efficiency Consumer Information Program

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

ACTION: Final rule.

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SUMMARY: This document establishes the test procedures to be used by 
tire manufacturers in a new consumer information program to generate 
comparative performance information to inform consumers about the 
effect of their choices among replacement passenger car tires on fuel 
efficiency, safety, and durability. When this program is fully 
established, this information will be provided to consumers at the 
point of sale and online. This information will encourage the purchase 
of better performing replacement tires.
    In order to provide this agency with time needed to conduct 
additional consumer testing and resolve important issues raised by 
public comments on the agency's proposal regarding the program, this 
rule does not specify how the information will be explained and 
provided to consumers. After a public meeting regarding the agency's 
draft plan for additional testing, NHTSA will proceed with the testing 
and then develop and publish a new proposal for these aspects of the 
new program.

DATES: Today's final rule is effective June 1, 2010. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of June 1, 2010.
    The various compliance dates for these regulations are set forth, 
as applicable, in Sec.  575.106(e)(1)(iii).
    Petitions for reconsideration must be received by May 14, 2010.

ADDRESSES: Petitions for reconsideration must be submitted to: 
Administrator, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION, CONTACT: 
    For policy and technical issues: Ms. Mary Versailles, Office of 
Rulemaking, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-0846.
    For legal issues: Ms. Sarah Alves, Office of the Chief Counsel, 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue, 
SE., Washington, DC 20590. Telephone: (202) 366-2992.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Overview
    A. Summary
    B. Energy Independence and Security Act of 2007
    C. Summary of NPRM
    1. Proposed Test Procedures
    2. Proposed Rolling Resistance Rating Metric
    3. Proposed Label
    4. Proposed Information Dissemination and Reporting Requirements 
for Tire Manufacturers and Tire Retailers
    5. Uniform Tire Quality Grading Standards
    6. Proposed Consumer Education Program
    7. Benefits and Costs
    8. Lead Time
    D. Brief Summary of Public Comments on the NPRM
    E. Final Rule
    1. Test Procedures
    2. Rolling Resistance Rating Metric
    3. Label
    4. Information Dissemination and Reporting Requirements for Tire 
Manufacturers and Tire Retailers
    5. Uniform Tire Quality Grading Standards
    6. Consumer Education Program
    7. Benefits and Costs
    8. Lead Time
II. Background
    A. Contribution of Tire Maintenance and Tire Fuel Efficiency to 
Addressing Energy Independence and Security
    1. Tire Fuel Efficiency and Rolling Resistance
    2. Relationship Between Tire Maintenance and Tire Fuel 
Efficiency and Vehicle Fuel Economy
    3. 2006 National Academy of Sciences Report
    B. Efforts by Other Governments To Establish Consumer 
Information Programs To Address These Issues
    1. California
    2. European Union
    3. Japan
    C. Mandates in Energy Independence and Security Act of 2007 for 
a Consumer Tire Information Program
    1. Tires Subject to the Consumer Information Program
    2. Mandate To Create a National Tire Fuel Efficiency Rating 
System
    3. Communicating Information to Consumers
    4. Specification of Test Methods
    5. Creating a National Consumer Education Program on Tire 
Maintenance
    6. Consultation in Setting Standards
    7. Application With State and Local Laws and Regulations
    8. Compliance and Enforcement
    9. Reporting to Congress
III. Scope of the Tire Fuel Efficiency Consumer Information Program
    A. Which Tires Must Be Rated?
    1. Passenger Car Tires
    2. Replacement Tires
    3. Tires Excluded
    4. Voluntary Rating of Tires Not Subject to the Program
    5. Each Different Stock Keeping Unit Must Be Rated
    B. Entities Subject to Requirements of the Program
    1. Tire Manufacturers
    2. Tire Retailers
    C. EISA Does Not Give NHTSA Authority To Establish a Rolling 
Resistance Performance Standard for Replacement Passenger Car Tires
IV. Rolling Resistance Test Procedure
    A. Test Procedure
    B. Lab Alignment Procedure
V. Rolling Resistance Rating Metric
VI. Rating System
    A. What Information Will the Rating System Convey to Consumers?
    1. Fuel Efficiency
    2. Safety
    i. Potential Safety Consequences
    ii. Test Procedure
    3. Durability
    B. How Will the Rating System Information be Conveyed to 
Consumers?
VII. Information Dissemination and Reporting Requirements for Tire 
Manufacturers and Retailers
    A. Requirements for Tire Retailers
    1. NHTSA Will Re-Propose Information Dissemination Requirements 
for Tire Retailers
    2. NHTSA Will Re-Propose Requirements Regarding the Label
    B. Requirements for Tire Manufacturers
    1. NHTSA Will Re-Propose Requirements Regarding Communication of 
Ratings
    2. Data Reporting
    C. Uniform Tire Quality Grading Standards
    D. Advertising
VIII. NHTSA's Consumer Education Program
IX. Benefits and Costs
    A. Benefits
    B. Costs
X. Lead Time
XI. Enforcement
XII. Regulatory Alternatives
XIII. Conforming Amendments to Part 575
XIV. Regulatory Notices and Analyses
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B National Environmental Policy Act
    C. Regulatory Flexibility Act
    D. Executive Order 13132 (Federalism)
    E. Executive Order 12988 (Civil Justice Reform)
    F. Unfunded Mandates Reform Act
    G. Paperwork Reduction Act
    H. Executive Order 13045
    I. National Technology Transfer and Advancement Act
    J. Executive Order 13211
    K. Regulation Identifier Number (RIN)
    L. Plain Language
    M. Privacy Act

I. Executive Overview

A. Summary

    This final rule is being issued pursuant to the Energy Independence

[[Page 15895]]

and Security Act of 2007 (EISA),\1\ which was enacted in December 2007. 
EISA includes a requirement that NHTSA develop a national tire fuel 
efficiency consumer information program to educate consumers about the 
effect of tires on automobile fuel efficiency, safety, and durability. 
Consumers currently have little, if any, convenient way of determining 
the effect of tire choices on fuel economy or the potential tradeoffs 
between tire fuel efficiency and tire safety and durability.
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    \1\ Public Law 110-140, 121 Stat. 1492 (Dec. 18, 2007).
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    The collective effects of the choices consumers make when they buy 
tires are matters of public interest and concern. The 240 million 
passenger cars and light trucks in the United States consume about 135 
billion gallons of motor fuel annually.\2\ Finding ways to reduce this 
energy consumption is a national goal for reasons ranging from ensuring 
economic and national security to reducing greenhouse gas emissions and 
improving local air quality. Rolling resistance, or the force required 
to make the tires roll, differs from tire to tire and is a 
characteristic that indicates a tire's fuel efficiency. Consumers, if 
sufficiently informed and interested, could bring about a reduction in 
average rolling resistance of replacement tires by adjusting their tire 
purchases, and as a consequence, significantly reduce the amount of 
fuel consumed annually. While the handling, traction, and other 
operating characteristics of tires are of particular interest to people 
buying them to place on their own vehicles, they are also matters of 
even broader public interest as they may influence the safety 
performance of vehicles on the nation's highways.
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    \2\ Transportation Energy Data Book, Edition 27, Tables 4-1 and 
4-2, available at http://cta.ornl.gov/data/index.shtml (last 
accessed Mar. 5, 2009).
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    Congress required NHTSA to establish a tire fuel efficiency 
consumer information program, including a replacement tire fuel 
efficiency rating system. To better inform consumers, EISA requires 
that NHTSA develop requirements for providing this information to 
consumers, and a national tire maintenance consumer education program. 
Consumers need to inflate and maintain their tires properly so that 
they can achieve their intended levels of efficiency, safety, wear, and 
operating performance. NHTSA has previously addressed the importance of 
proper tire inflation to safety and fuel efficiency in various public 
service campaigns. NHTSA has also mandated that tire pressure 
monitoring systems (TPMSs) be installed on new motor vehicles.\3\ 
However, TPMSs are not a substitute for proper tire maintenance. 
Motorists must be reminded of the fact that even small losses in 
inflation pressure can reduce tire treadwear life, fuel efficiency, and 
operating performance.\4\
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    \3\ See Final Rule, Federal Motor Vehicle Safety Standards, Tire 
Pressure Monitoring Systems, Controls and Displays, 70 FR 18136 
(April 8, 2005).
    \4\ Transportation Research Board Special Report 286, Tires and 
Passenger Vehicle Fuel Economy, National Research Council of the 
National Academies, 5 (2006) (hereinafter ``2006 NAS Report'').
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    The tire fuel efficiency consumer information program will require 
tire manufacturers to rate their replacement tires for fuel efficiency, 
safety, and durability based on test procedures specified in this final 
rule. These test procedures address three aspects of tire performance: 
rolling resistance, wet traction and treadwear life. As noted above and 
described in further detail below, rolling resistance is a measurement 
of fuel efficiency. A measurement of wet traction is intended to 
indicate a tire's ability to stop on wet pavement. Thus, wet traction 
is a metric that measures an aspect of safety. A treadwear rating 
measures a tire's wear rate compared with that of control tires. 
Treadwear life, therefore, is a measure of durability.
    Comparing the three different ratings for different replacement 
tires will enable consumers to see how different replacement tires can 
affect the fuel economy they are getting from their vehicles. This will 
also enable consumers to see the tradeoffs they may be facing between 
fuel efficiency, safety (i.e., wet traction), and durability (i.e., 
treadwear life), and how the balance of these factors may differ from 
tire to tire. Providing information regarding all three types of 
performance will help to ensure that no single aspect is given 
disproportionate attention. NHTSA's research found that while changing 
tire construction to improve fuel efficiency need not sacrifice wet 
traction or treadwear, maintaining the same wet traction performance 
and treadwear while increasing the fuel efficiency of a given tire 
often entails higher costs.\5\ Thus, if a manufacturer seeks to improve 
the fuel efficiency of a given replacement tire construction while 
keeping cost constant, there is a substantial chance that the 
construction will be changed in ways that sacrifice other factors.
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    \5\ See National Highway Traffic Safety Administration, NHTSA 
Tire Rolling Resistance Rating System Test Development Project: 
Phase 2--Effects of Tire Rolling Resistance Levels on Traction, 
Treadwear, and Vehicle Fuel Economy (February 2009). Docket No. 
NHTSA-2009-0121-0035.
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    In developing the rule, the agency conducted tire testing research 
to determine which test procedure would best standardize a fuel 
efficiency rating and provide accurate discrimination among replacement 
tires. The agency is specifying the test procedure by which NHTSA will 
evaluate the accuracy of the rolling resistance rating assigned by the 
tire manufacturer. For the safety and durability rating, this final 
rule specifies that the agency will use previously established test 
procedures for wet traction and treadwear to evaluate the accuracy of 
the safety and durability ratings assigned by the tire manufacturer, 
respectively.
    NHTSA is not specifying the content or requirements of the consumer 
information and education portions of the program at this time. In 
light of the important objectives of this rulemaking, we are continuing 
to work to improve the content and format of the consumer information 
so that consumers will, in fact, be adequately informed. Specifically, 
NHTSA will be conducting additional consumer testing to explore how 
consumers will best comprehend information in each of the three 
categories discussed above. After additional consumer testing, NHTSA 
will publish a new proposal for the consumer information and consumer 
education portions of this new program.
    Prompting NHTSA to pursue a deeper examination of consumers' 
comprehension of comparative tire information, several comments on the 
notice of proposed rulemaking (NPRM) suggested the agency consider 
additional indicators for the proposed label that would provide some 
understanding of what the ratings meant in terms of the choices 
available to a consumer. These suggestions included the use of an icon 
or mark on the labels to help consumers at a glance identify the most 
fuel efficient tire--an idea NHTSA had sought comment on in the NPRM--
and suggestions that the ratings show high and low demarcations 
reflecting the range of ratings within the same size so that consumers 
and retailers would not become disenchanted with the system if they 
could not purchase or provide any top-rated tires in the size for the 
consumer's vehicle. Another commenter expressed concern with the idea 
of a mark for the best performers in the fuel efficiency rating 
category, as it could imply government endorsement and the commenter 
stated such endorsement should not be given unless it was to the safest 
tire.

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    These comments, as well as comments from other Federal agencies, 
have led NHTSA to recognize that a revised consumer research 
methodology could provide advanced understanding of how the 
presentation of relative rating information affects consumers' 
perceptions of the relevance of the information, and what motivates 
consumers to act in accordance with the information they have learned. 
Through additional consumer research, and a continued open dialog with 
interested stakeholders, NHTSA will consider how to best promote 
consumer understanding of the real-world benefits and possible 
tradeoffs involved in selecting tires at various points along relevant 
scales.
    To further the development of the consumer information and consumer 
education portions of the tire fuel efficiency consumer information 
program, NHTSA recently announced that it will hold a public meeting on 
a new draft consumer research plan on Friday March 26, 2010 at the U.S. 
Department of Transportation Headquarters building.\6\ The agency has 
opened a new docket for the public meeting, Docket No. NHTSA-2010-0018, 
and on that docket interested members of the public can access the 
draft research plan, early agency consumer research, and any written 
comments submitted at the meeting or in response to the meeting notice. 
NHTSA will consider the public comments received in developing a 
research plan to aid in the development of consumer information 
requirements and NHTSA's consumer education plan regarding tire fuel 
efficiency. NHTSA will also continue to consider comments received on 
the NPRM relating to the consumer information and education portions of 
the tire fuel efficiency consumer information program. A continued open 
dialog will allow interested stakeholders to further explicate their 
ideas of what they believe should be included in a successful tire fuel 
efficiency consumer information program, and how this information can 
best be communicated. The new consumer research will further inform 
these concepts by indicating in what form consumers are most likely to 
understand information, and act in accordance with what they have 
learned.
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    \6\ Notice of Public Meeting; Tire Fuel Efficiency, 75 FR 11806 
(March 12, 2010), Docket No. NHTSA-2010-0018-0001.
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    In developing this final rule, the agency consulted with the U.S. 
Department of Energy (DOE) and the U.S. Environmental Protection Agency 
(EPA) on many issues. Since the NPRM, the agency has received nearly 
600 pages of comments, which have been carefully reviewed and 
considered. When developing the supplemental NPRM for the consumer 
information requirements, NHTSA will continue to consider and evaluate 
comments received on the NPRM. NHTSA will also continue to consult with 
EPA, DOE, and other Federal agencies experienced with energy efficiency 
consumer information programs on the development of the tire fuel 
efficiency consumer information program.
    NHTSA has also prepared a companion Final Regulatory Impact 
Analysis (FRIA) that provides an analysis on the potential economic 
impacts of this consumer information program, which is available in the 
docket for this final rule.

B. Energy Independence and Security Act of 2007

    The provision of EISA that mandates the consumer tire information 
program built on a legislative proposal originally introduced in 2006 
after a National Academy of Sciences (NAS) report was issued suggesting 
that a tire fuel efficiency consumer information program could increase 
vehicle fuel economy by an average of 1 to 2 percent.\7\ Many factors 
affect a vehicle's fuel economy, including its tires' rolling 
resistance, i.e., the force needed to make the tires roll. The 2006 NAS 
report estimated that 4 percent (urban) to 7 percent (highway) of the 
energy created by a vehicle's fuel usage is used to overcome the 
rolling resistance of the tires. Therefore, reducing rolling resistance 
can reduce a vehicle's fuel consumption. As one of many strategies to 
meet the Federal corporate average fuel economy (CAFE) standards for 
new passenger cars and light trucks, automobile manufacturers often 
equip vehicles with low rolling resistance tires. However, consumers 
often unknowingly purchase higher rolling resistance tires when 
replacing their vehicle tires because information on the comparative 
rolling resistance of replacement tires and its impact on vehicle fuel 
economy is not readily available.
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    \7\ Previous attempts to establish a national tire fuel 
efficiency program can be found in proposed amendments to various 
energy bills in prior years. See e.g., S. Amdt. 3083, 108th Cong., 
150 Cong. Rec. S4710 (2004) (proposing to amend S. 150); S. Amdt. 
1470, 108th Cong., 149 Cong. Rep. S10707 (2003) (proposing to amend 
S. 14). These amendments proposed regulating the fuel efficiency of 
tires in addition to a tire fuel efficiency grading system and 
consumer information program, and were not adopted.
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    One of the most significant of the EISA mandates is the setting of 
separate maximum feasible standards for passenger cars and for light 
trucks at levels sufficient to ensure that the average fuel economy of 
the combined fleet of all passenger cars and light trucks sold by all 
manufacturers in the U.S. in model year (MY) 2020 equals or exceeds 35 
miles per gallon. Per the President's May 19, 2009 announcement, on 
September 28, 2009, NHTSA and the Environmental Protection Agency (EPA) 
issued a joint NPRM, with NHTSA proposing CAFE standards under the 
Energy Policy and Conservation Act (EPCA), as amended by EISA, and EPA 
proposing greenhouse gas emissions standards under the Clean Air 
Act.\8\ This joint proposal reflects a carefully coordinated and 
harmonized approach to implementing these two statutes. The new 
standards propose a significant increase in fuel economy by 2016. This 
consumer tire information program is one of the actions that will 
contribute towards the larger goals of energy independence and 
security. In comparison to CAFE standards, which apply to new vehicle 
fuel economy, this rule has goals of improving fuel economy for the 
existing fleet of vehicles, as replacement tires are purchased and 
installed.
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    \8\ Proposed Rulemaking to Establish Light-Duty Vehicle 
Greenhouse Gas Emission Standards and Corporate Average Fuel Economy 
Standards, 74 FR 49454 (Sept. 28, 2009).
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    Section 111 of EISA added section 32304A to Chapter 323 of title 
49, United States Code. This chapter codifies consumer information 
requirements initially established by the Motor Vehicle Information and 
Cost Savings Act of 1972 (Pub. L. 92-513). The new section 32304A is 
titled ``Consumer tire information'' and specifies as follows:
     Within 24 months of the enactment of EISA, NHTSA is to 
promulgate rules establishing a national tire fuel efficiency consumer 
information program for replacement tires to educate consumers about 
the effect of tires on fuel efficiency, safety, and durability.
     The program must include a national tire fuel efficiency 
rating system for replacement tires to assist consumers in making more 
educated tire purchasing decisions.
     NHTSA must specify requirements for providing information 
to consumers, including information at the point of sale and other 
potential dissemination methods, including the Internet.
     NHTSA must also specify the test methods that 
manufacturers are to use in assessing and rating tires to avoid

[[Page 15897]]

variation among test equipment and manufacturers.
     As a part of the consumer information program, NHTSA must 
develop a national tire maintenance consumer education program, which 
must include information on tire inflation pressure, alignment, 
rotation, and treadwear to maximize fuel efficiency, safety and 
durability of replacement tires.

C. Summary of NPRM

1. Proposed Test Procedures
    The NPRM proposed to require tire manufacturers to rate the fuel 
efficiency of their tires using a measurement obtained with a test 
procedure recently finalized by the International Organization for 
Standardization (ISO), ISO 28580:2009(E), Passenger car, truck and bus 
tyres--Methods of measuring rolling resistance--Single point test and 
correlation of measurement results (hereinafter referred to as ISO 
28580).\9\ The choice of which test procedure to specify for measuring 
rolling resistance is important because measuring rolling resistance 
requires precise instrumentation, calibration, test conditions, and 
equipment alignment for repeatable results. As explained in detail in 
the NPRM, agency research shows that all of the available test 
procedures could meet these requirements. However, the ISO 28580 test 
method is unique in that it specifies a procedure to correlate results 
between laboratories and test equipment, which our research shows is a 
significant source of variation. Because other established test methods 
lack such a procedure, NHTSA would have to develop a new procedure to 
address this variation before any of those test methods could be 
considered. Further, the ISO 28580 test procedure is the specified test 
method in the proposed European Union Directive, allowing manufacturers 
to do one test to determine ratings for both proposed regulations.
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    \9\ See Notice of Proposed Rulemaking, Tire Fuel Efficiency 
Consumer Information Program, 74 FR 29542 (June 22, 2009); Docket 
No. NHTSA-2009-0121-0014 (hereinafter ``Tire Fuel Efficiency 
NPRM'').
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    As for the safety and durability ratings, due to the statutory 
timeline within which this rulemaking must be completed, NHTSA proposed 
to use traction and treadwear test procedures that are already 
specified under another tire rating system, the uniform tire quality 
grading standards (UTQGS).\10\
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    \10\ See 49 CFR 575.104 (2008).
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2. Proposed Rolling Resistance Rating Metric
    The NPRM proposed to base a tire's fuel efficiency rating on 
rolling resistance force (RRF) as measured by the ISO 28580 test 
procedure. This is in contrast to basing a fuel efficiency rating on 
rolling resistance coefficient (RRC), or RRF divided by test load. The 
proposed European tire fuel efficiency rating system specifies tire 
ratings based on RRC. NHTSA proposed to base the rolling resistance 
rating on the RRF metric because such a rating translates more directly 
to the fuel required to move a tire, and based on the goals of EISA, 
appears to be a more appropriate metric.
3. Proposed Label
    To convey information to consumers, the NPRM proposed a label that 
contains an individual tire's ratings for fuel efficiency (i.e., 
rolling resistance), safety (i.e., wet traction), and durability (i.e., 
treadwear), and which was similar to a ratings label that tested well 
in consumer research conducted by NHTSA. Prior to the NPRM, NHTSA 
conducted focus group studies in which it presented several labels 
using different graphics and scales to relay the ratings. The proposed 
label showed all the ratings on a scale of 0 to 100, with 100 being the 
best rating. Consumers expressed an understanding of this 0 to 100 
scale, and reacted positively to red and green shading, with red 
indicating lower/worse ratings and green indicating higher/better 
ratings. Other graphics presented in NHTSA's consumer research were 
discussed in the NPRM.
4. Proposed Information Dissemination and Reporting Requirements for 
Tire Manufacturers and Tire Retailers
    For tire manufacturers, NHTSA proposed that manufacturers be 
required to report various data to the agency. This is necessary both 
for enforcement of the rating system, and for development of NHTSA's 
tire fuel efficiency Web site, which will contain a database of tire 
information with a fuel savings estimator tool that allows easy 
comparison of fuel savings between various replacement tires. Regarding 
labeling, we proposed to require tire manufacturers to print the tire 
fuel efficiency graphic in color along with any other information 
manufacturers include on an existing paper label on the tire.\11\
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    \11\ Manufacturers are required to print UTQGS information on a 
paper label pursuant to 49 CFR 575.104(d)(1)(B). Many manufacturers 
include other information on this paper label as well. Note that 
NHTSA uses the term ``paper label'' in the colloquial sense; many 
labels on tires are actually made of plastic.
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    As for requirements for tire retailers, we proposed a requirement 
that the paper label containing the new rating information must remain 
on the tire until the sale of the tire. The label refers consumers to 
the agency's Web site for further information about the ratings. We 
also proposed a requirement that tire retailers must display a poster 
that NHTSA would print and distribute that would explain the rating 
system and encourage consumers to compare ratings across tires. 
Finally, for tire manufacturers and retailers that maintain a Web site, 
the agency proposed to require those Web sites to link to the 
comprehensive tire Web site we will be developing as part of the 
national tire maintenance consumer education program. The agency also 
sought comments on any other information dissemination requirements 
that would ensure that easy-to-understand information is conveyed in a 
way that is most likely to impact consumers' decisions and, thus, 
affect their behavior and save them and our nation fuel and money.
5. Uniform Tire Quality Grading Standards
    In the NPRM, the agency considered the need and appropriateness of 
continuing the current UTQGS requirements. NHTSA explained that if the 
agency maintained the current safety and treadwear UTQGS ratings, there 
would be concerns about consumer confusion as well as unnecessary 
duplication. For this and other reasons explained in the NPRM, the 
agency tentatively concluded that the current UTQGS requirements should 
either be removed, once tires meet the new EISA requirements, or 
amended to conform to the approach in today's rule.
6. Proposed Consumer Education Program
    The NPRM identified and sought comment on various ways that NHTSA 
plans to implement a consumer education program to inform consumers 
about the effect of tire properties and tire maintenance on vehicle 
fuel efficiency, safety, and durability. Some of NHTSA's ideas for 
consumer education included informational posters or brochures that 
NHTSA would distribute at trade shows and other events, and which tire 
retailers could display at the point of sale and a centralized 
government Web site on tires containing a database of all tire rating 
information. NHTSA also

[[Page 15898]]

announced that we are planning to develop a comparative fuel savings 
estimator that would show the amount of money a consumer would save 
annually or over the estimated lifetime of the tires of varying fuel 
efficiency ratings. Using the estimator, a consumer could select tires 
to compare, enter the fuel economy of their vehicle (miles per gallon 
or mpg) and the average number of miles they drive each year and even 
the dollar amount they are paying for fuel and get a calculation of 
differences in fuel usage and/or money saved for the tires under 
comparison.
    Finally, the NPRM announced plans to develop and form new 
partnerships to distribute educational messages about tire fuel 
efficiency and tire maintenance. NHTSA explained that we will seek to 
partner with any interested tire retailers, and State or local 
governments, as well as manufacturers who share NHTSA's goal of 
promoting the importance of proper tire maintenance. The NPRM also 
stated that we will seek to partner with universities, colleges and 
high schools that may wish to educate students regarding tire fuel 
efficiency or proper tire maintenance. These various innovative tools 
and education measures will assist consumers in making better-informed 
tire purchasing and maintenance decisions.
7. Benefits and Costs
    As explained in the NPRM, it is intended that the rule will have 
benefits in terms of fuel economy, safety, and durability. At the very 
least, the rule should enable consumers to make more informed decisions 
about these variables, thus increasing benefits of the factors that 
most matter to them. Because the agency could not foresee precisely how 
much the proposed consumer information program would affect consumer 
tire purchasing behavior and could not foresee the reduction in rolling 
resistance among improved tires, the Preliminary Regulatory Impact 
Analysis (PRIA) estimated benefits using a range of hypothetical 
assumptions regarding the extent to which the tire fuel efficiency 
consumer information program affects the replacement tire market. 
Specifically, the PRIA developed estimates assuming that between 2 
percent and 10 percent of targeted tires are improved and that the 
average reduction in rolling resistance among improved tires is between 
5 percent and 10 percent. Under these hypothetical assumptions, the 
PRIA estimated that the proposal would save 7.9 to 78 million gallons 
of fuel and prevent the emission of between 76,000 and 757,000 metric 
tons of carbon dioxide (CO2) annually. The values of the 
fuel savings were between $22 and $220 million at a 3 percent discount 
rate and between $20 and $203 million at a 7 percent discount rate.
    The PRIA estimated the annual cost of NHTSA's proposal to be 
between $18.9 and $52.8 million. This included testing costs of 
$22,500, reporting costs of around $113,000, labeling costs of around 
$9 million, costs to the Federal Government of $1.28 million, and costs 
of between $8.4 and $42 million to improve tires. In addition, NHTSA 
anticipated one-time costs of around $4 million, including initial 
testing costs of $3.7 million and reporting start-up costs of $280,000.
8. Lead Time
    NHTSA proposed to require tire manufacturers to meet applicable 
requirements for all existing replacement tires within 12 months of the 
issuance of a final regulation. For new tires introduced after the 
effective date of this rule, NHTSA proposed to require reporting of 
information at least 30 days prior to introducing the tire for sale, as 
is currently required for UTQGS information.
    Regarding the poster, in retailers that have a display room, the 
agency proposed to make this poster available within 12 months of the 
issuance of a final regulation. At that time NHTSA would publish a 
Federal Register notice announcing the availability of the poster. The 
agency proposed that a tire retailer must have the poster on display 
within 60 days of the issuance of the notice of availability in the 
Federal Register. We proposed that a tire retailer would be able to 
comply with the requirement of displaying the poster either by 
downloading and printing it, in color and with the specifications from 
NHTSA's Web site, or by contacting the agency and requesting that we 
send the retailer a copy of the poster. For tire retailers and tire 
manufacturers with an Internet presence, NHTSA proposed that those Web 
sites link to NHTSA's tire Web site within 12 months of the issuance of 
a final regulation.

D. Brief Summary of Public Comments on the NPRM

    Scope of the program: Some consumer and safety groups suggested 
that NHTSA require that tire manufacturers include the new tire ratings 
in advertisements for tires. Further, these groups, a tire 
manufacturer, and ExxonMobil Chemical Company (ExxonMobil) urged NHTSA 
to contemplate a standard for tire fuel efficiency performance. 
ExxonMobil also suggested that NHTSA establish a minimum inflation 
pressure retention loss rate for tires to minimize the air loss 
characteristics of tires. Various commenters sought confirmation of 
which entities would be considered tire manufacturers and tire 
retailers under the tire fuel efficiency consumer information program, 
as well as confirmation of the different tires types of tires that were 
not required to be rated under the program. Multiple commenters also 
asked whether tires that were not required to be included under the 
program could be voluntarily rated under the program.
    Rolling resistance test procedure: Various commenters urged us to 
adopt the full ISO 28580 test procedure. MTS Systems Corp. (MTS), a 
test equipment manufacturer, suggested a different test method using a 
flat surface test machine rather than a road wheel. Several commenters 
also noted the need for NHTSA to specify a reference test machine since 
the ISO test procedure needs one for the alignment of results between 
different measurement machines, but the ISO has not yet designated one.
    Rolling resistance rating metric: Tire Rack (an online tire 
retailer), Consumers Union (non-profit publisher of Consumer Reports 
magazine), and ExxonMobil expressed support for using RRF as the metric 
on which the agency should base the fuel efficiency rating. The tire 
manufacturers, a tire test equipment manufacturer, the European 
Commission, Japan Automobile Tyre Manufacturers Association (JATMA), 
the Natural Resources Defense Council (NRDC, an environmental group), 
and General Motors (GM) commented that RRC would be a better metric for 
a fuel efficiency rating than RRF. These commenters argued that basing 
a fuel efficiency rating on RRC would spread out ratings for tires 
available to a single consumer so that the consumer would be able to 
get a top rated tire.
    Safety: Advocates for Highway and Auto Safety (Advocates) supported 
the inclusion of tire safety information in the tire fuel efficiency 
consumer information program, and stated that the program should not 
promote cost savings at the expense of safety. JATMA supported the use 
of the current UTQGS traction grading test method as the basis for a 
safety rating for purposes of the tire fuel efficiency consumer 
information program. Tire Rack stated that NHTSA should base the safety 
rating on an average of the slide and peak coefficients of friction, 
the measurements of traction obtained via the traction test procedure. 
Consumers Union stated that the safety (wet

[[Page 15899]]

traction) rating scale should be revised to define a span that is most 
appropriate to the level of performance commonly found in current 
replacement tires while still leaving room for future improvement. The 
Rubber Manufacturers Association (RMA, a tire industry trade 
association) argued that EISA did not give NHTSA the authority to 
establish a new rating system for consumer information on tire safety. 
RMA contended that the derivation of the safety rating formula from the 
wet traction test measurements was not explained well in the NPRM and 
that they were unable to comment on it.
    Durability: Michelin North America (Michelin, a tire manufacturer) 
commented that NHTSA should specify changes to the UTQGS treadwear 
procedure to yield more truly representative wear results. Michelin 
also commented that the durability (treadwear) rating scale should be 
adjusted because the ratings of some current replacement tires would 
far exceed the top rating on the scale. RMA argued that EISA did not 
give NHTSA the authority to establish a new rating system for consumer 
information on tire durability.
    Overall rating: The tire manufacturers, MTS, Tire Rack, Advocates, 
and NRDC did not support an overall rating. Consumers Union, as well as 
other consumer and safety groups (Public Citizen et al.) \12\ did 
support some form of an overall rating.
---------------------------------------------------------------------------

    \12\ Public Citizen, Center for Auto Safety, Consumer Federation 
of America, and Safe Climate Campaign submitted joint comments to 
the NPRM. See Docket No. NHTSA-2008-0121-0043.1. Throughout this 
notice, we will refer to these as Public Citizen et al. comments.
---------------------------------------------------------------------------

    Label: NRDC, a private citizen, and Public Citizen et al. suggested 
the inclusion of a best-in-class (EnergyStar-type) endorsement for the 
most fuel efficient tires. Relatedly, to facilitate comparisons, 
Consumers Union and Tire Rack suggested the ratings show high and low 
demarcations reflecting the range of ratings for tires of the same 
size. Public Citizen et al. supported providing all the ratings on the 
same scale. Ford Motor Company (Ford) and Advocates suggested using the 
UTQGS scales for the traction and treadwear ratings, as opposed to the 
proposed 0-100 scale. Advocates expressed support for the green-red 
color coding, while Michelin stated that the transfer of information to 
consumers cannot be wholly dependent upon color. Tire manufacturers 
supported a five category tire efficiency rating system, as opposed to 
the proposed 0-100 rating scale. RMA argued that EISA does not give 
NHTSA authority to provide consumer information on a tire's greenhouse 
gas (GHG) emissions. Numerous commenters submitted suggestions about 
terminology on the label, the ordering of the rating scales, the 
required size of the tire label, additional disclaimers to place on the 
label, and alternate graphic icons for the rating scales. RMA and the 
European Commission opposed the inclusion of tire manufacture date on 
the tire label, an issue on which NHTSA sought comment in the NPRM, but 
did not propose regulatory language. Public Citizen et al. suggested 
that the tire identification number (TIN), which NHTSA's safety 
standards require be molded onto the tire, be included on the paper 
label. Public Citizen et al., as well as the Tire Industry Association 
(TIA), expressed concern that the paper label may not provide consumers 
with information at a useful time in influencing purchasing decisions.
Information Dissemination and Reporting Requirements
     Tire manufacturer requirements: Tire manufacturers 
expressed support of the interpolation of test values for purposes of 
data reporting. Other commenters generally opposed the interpolation of 
test values. RMA opposed the proposed data reporting requirements. NRDC 
supported requiring manufacturers to report rolling resistance data. 
The International Council on Clean Transportation (ICCT) agreed with 
the proposal that manufacturers should be required to report which 
tires are exempted, and the basis for the exemption. Similarly, 
Michelin expressed support for requiring tire manufacturers to report 
which tires qualify for the low volume exemption and are not labeled.
     Tire retailer requirements: Consumers Union suggested that 
NHTSA provide further guidance on how best to ensure that consumers can 
see the educational poster at the point of sale. RMA suggested that 
instead of requiring the proposed ratings graphic appear on a tire 
label, NHTSA should require that the rating information be made 
available to consumers at the point of sale. TIA commented that NHTSA 
underestimates the importance of dialogue between sales associates and 
consumers at the point of sale, and suggested that sales associates 
should be trained to communicate the information provided in the new 
rating system. Similarly, Public Citizen et al., Ford, the National 
Automobile Dealers Association (NADA) and ICCT encouraged the adoption 
of additional requirements beyond requiring the retailer keep the label 
on the tire until it is sold, reasoning that relatively few consumers 
see tires before they buy them as there are limited number of tires on 
display in tire retailers.
    Uniform tire quality grading standards: Tire manufacturers, Tire 
Rack, and Consumers Union expressed support for the idea of replacing 
the UTQGS requirements with the requirements created under the tire 
fuel efficiency consumer information program. These commenters cite the 
facts that this new rating system will be on a different scale and will 
be based on different test measurements than the UTQGS grading system, 
which may cause consumer confusion. Public Citizen et al. supported 
NHTSA's continuing to provide the temperature resistance rating along 
with the other UTQGS ratings, and stated that the temperature 
resistance rating should be incorporated into the new tire fuel 
efficiency consumer information program rating system.
    Consumer education program: Numerous commenters suggested various 
messages that NHTSA should be communicating to promote the success of 
the consumer education program. Many commenters stated that much of the 
effectiveness of this rating system will depend on the success and 
reach of the consumer education program, informing consumers of the 
meaning of the new rating system and of the importance of proper tire 
inflation and maintenance.
    Benefits and costs: NRDC and ICCT commented that our benefits are 
underestimated due to NHTSA's underestimation of the impact of reduced 
rolling resistance on fuel economy. RMA predicted higher testing, 
labeling, and tire improvement costs than NHTSA. RMA also commented 
that NHTSA overestimates benefits.
    Lead time: Tire manufacturers, the European Commission, and JATMA 
requested more lead time than the twelve months NHTSA proposed in the 
NPRM.
    Enforcement: ICCT and MTS commented that NHTSA should tighten the 
compliance tolerance bands that it gave in the NPRM, and emphasized 
that compliance tolerances are important because consumers should have 
confidence that the tires they are buying are accurately labeled. RMA 
expressed support for requiring reported ratings must be less than or 
equal to the rating determined by the agency in compliance testing. RMA 
opposed the tolerance band concept for compliance. RMA also requested 
clarification of how NHTSA intends to apply the new civil penalties 
provision.

[[Page 15900]]

E. Final Rule

    The final rule adopts the test procedure provisions of the NPRM 
summarized above in section I.C, with the changes discussed below made 
in response to the public comments on the NPRM. This final rule also 
clarifies the scope of the tire fuel efficiency consumer information 
program, and responds to numerous comments on related issues.
    As explained above, NHTSA is not specifying the content or 
requirements of the consumer information and education portions of the 
program at this time, but will be issuing a new proposal on these 
portions of the program after engaging in additional consumer research. 
NHTSA is also not finalizing information dissemination requirements for 
tire manufacturers or tire retailers in this final rule, as further 
consumer research may indicate how consumers best comprehend ratings 
and other consumer information. However, as discussed further below, 
this final rule does specify that NHTSA will require tire manufacturers 
to report ratings, but not test data, to the agency as part of the data 
reporting requirements of the tire fuel efficiency consumer information 
program.
1. Test Procedures
    EISA mandates that this rulemaking include ``specifications for 
test methods for manufacturers to use in assessing and rating tires to 
avoid variation among test equipment and manufacturers.'' \13\ As 
proposed in the NPRM, this final rule requires tire manufacturers to 
rate the fuel efficiency of their tires. To test for compliance with 
this requirement, NHTSA will use a measurement obtained using the 
recently approved test procedure ISO 28580:2009(E), Passenger car, 
truck and bus tyres--Methods of measuring rolling resistance--Single 
point test and correlation of measurement results.\14\
---------------------------------------------------------------------------

    \13\ 49 U.S.C. 32304A(a)(2)(C).
    \14\ See http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=44770 (last accessed Sept. 24, 2009).
---------------------------------------------------------------------------

    As explained in detail in the NPRM, the ISO 28580 test method is 
unique in that it specifies a procedure to correlate results between 
different test equipment (i.e., different rolling resistance test 
machines). This is important because our research shows that machine-
to-machine differences are a significant source of variation. As 
discussed below, the ISO has not yet completed all aspects of this 
procedure. NHTSA is nonetheless specifying the ISO 28580 test procedure 
in this final rule because EISA specifically directs the agency to 
avoid the type of significant variation that the ISO 28580 lab 
alignment procedure takes into account, but other established test 
methods do not. Further, the ISO 28580 test procedure is the specified 
test method in the European Union Directive and in the staff 
recommendations for a California regulation, allowing manufacturers to 
do one test to determine ratings for multiple regulations.
    As commenters pointed out, under ISO 28580, use of the lab 
alignment procedure depends on the specification of a reference test 
machine against which all other labs will align their measurement 
results. Because the ISO has not yet specified a reference lab for the 
ISO 28580 test procedure, NHTSA must specify this laboratory for the 
purposes of implementing this rule so that tire manufacturers know the 
identity of the machine against which they may correlate their test 
results. In the near future, NHTSA will announce one or more private 
laboratories to operate the reference test machine(s) for the tire fuel 
efficiency consumer information program.\15\
---------------------------------------------------------------------------

    \15\ It is not the intent of NHTSA to unilaterally establish the 
reference machine for ISO or other global regions. Rather, the 
agency must define a ``regional'' reference machine for the tire 
fuel efficiency consumer information program that is independent of 
entities we regulate and is accessible to the agency by standard 
contractual mechanisms. This will allow reporting under the program 
and agency compliance testing that meet the requirements of EISA. It 
is our understanding that the output of a given ``candidate'' 
machine can be corrected using the appropriate correlation equations 
and, therefore, different entities/rating systems could also 
designate their own reference machines.
---------------------------------------------------------------------------

    Under the ISO 28580 lab alignment procedure, machine alignment is 
conducted using batches of alignment tires of two models with defined 
differences in rolling resistance that are certified on the reference 
test machine. ISO 28580 specifies requirements for these alignment 
tires (``Lab Alignment Tires'' or LATs), but specific sizes or models 
of LATs are not specifically identified in ISO 28580. Therefore, NHTSA 
must also specify which LATs tire manufacturers should use to align 
other rolling resistance machines to the reference lab. Since 
specifications and source of supply for these LATs has not yet been 
finalized, NHTSA will postpone the specification of LATs to a later 
date. NHTSA will address available LAT options in the forthcoming 
supplemental NPRM relating to the consumer information requirements and 
consumer education portions of the program.
    Because bias ply tires are included in the scope of the tire fuel 
efficiency consumer information program, NHTSA is also specifying a 
break-in procedure for bias ply tires, in order to warm up these types 
of tires up before ISO 28580 testing.\16\ This roadwheel break-in 
procedure that will be used for bias ply tires is adopted from already 
established Federal motor vehicle safety standards.
---------------------------------------------------------------------------

    \16\ Bias ply tire design is an older internal construction tire 
design. Radial ply construction of tires has been the industry 
standard for the past 20 years, and the vast majority of passenger 
car tires on the market today are of radial construction.
---------------------------------------------------------------------------

    As for the safety and durability ratings, NHTSA is specifying the 
use of the test procedures that are already specified under the UTQGS. 
For the traction test, because we are requiring the collection of 
slightly different data than under the UTQGS traction test method, a 
one-time modification in the software used in the test equipment may be 
necessary. The agency will continue to examine other metrics to see if 
they could prove more effective in providing consumer information about 
safety and durability.
2. Rolling Resistance Rating Metric
    Based on the large number of comments received on this issue, and 
to retain flexibility to use what the agency learns about consumer 
comprehension from the future consumer research, NHTSA will defer a 
decision on which rolling resistance metric should be used for the fuel 
efficiency rating and consider that matter further in the future 
supplemental NPRM and final rule that will finalize the consumer 
information and education portions of the program.
3. Consumer Information Program Requirements
    NHTSA is not specifying the content or requirements of the consumer 
information program at this time. In light of the important objectives 
of this rulemaking, we are continuing to work to improve the content 
and format of the consumer information so that consumers will, in fact, 
be adequately informed. After additional consumer testing, NHTSA will 
publish a new proposal for the consumer information portion of this new 
program in a supplemental NPRM.
4. Information Dissemination and Reporting Requirements for Tire 
Manufacturers and Tire Retailers
    NHTSA is requiring that tire manufacturers report the three ratings 
for each tire to the agency. Unlike the proposed data reporting 
requirements, NHTSA is not requiring manufacturers to report test 
measurements. This is due to concerns that this information being 
public could cause competitive harm to tire manufacturers. Requiring 
the

[[Page 15901]]

submission of such data would make public each manufacturer's 
statistical approach to risk in terms of how each manufacturer is 
rating tires to prevent the possibility of non-compliance.\17\ NHTSA 
will also require tire manufacturers to report which tire models and 
sizes are excluded from the scope of this program, and thus not rated, 
because this information would be useful to consumers who wish to 
understand which tires are not rated and why. NHTSA will make this 
information available on its tire Web site. For manufacturers that are 
otherwise required to report ratings data, this information should be 
included with those data submissions. For manufacturers that only 
produce limited production tires, or other tires that are excluded from 
the applicability of today's program, these manufacturers must provide 
a one-time list of each one of its tire models/sizes, and a statement 
that every one of its tire models/sizes is excluded from the 
applicability of this regulation and, thus, is not rated. NHTSA will 
make this information on which tires are excluded from the new rating 
system available on its tire Web site.
---------------------------------------------------------------------------

    \17\ Although NHTSA neither proposed to publish such data 
submitted to the agency, nor to post such data on the comprehensive 
tire Web site, such information in the possession of the agency 
would be subject to Freedom of Information Act requests and the 
agency does not believe it could deny such a request.
---------------------------------------------------------------------------

    Regarding labeling, as noted above, NHTSA is not specifying the 
content or requirements of the consumer information program at this 
time. In light of the important objectives of this rulemaking, we are 
continuing to work to improve the content and format of the label so 
that consumers will, in fact, be adequately informed. After additional 
consumer testing, NHTSA will publish a new proposal for the consumer 
information portion of this new program in a supplemental NPRM.
    As for requirements for tire retailers, for similar reasons 
discussed above, in order to have the full benefit of any new 
understanding of how consumers best comprehend information gained from 
the agency's new consumer research, NHTSA will re-propose requirements 
for tire retailers in the supplemental NPRM on the consumer information 
and education portion of the tire fuel efficiency consumer information 
program.
5. Uniform Tire Quality Grading Standards
    NHTSA is retaining the UTQGS requirements at this time, including 
the UTQGS treadwear, traction, and temperature resistance ratings. 
However, if a future final rule finalizes that ratings under the tire 
fuel efficiency consumer information program must be printed on a paper 
label on each passenger car replacement tire, NHTSA will consider 
removing the UTQGS requirement of molding UTQGS ratings onto tires, and 
the UTQGS requirement of printing UTQGS information on the paper tire 
label when a tire is labeled in accordance with the tire fuel 
efficiency consumer information program requirements. The requirements 
to report UTQGS grading information to NHTSA would remain. As such, the 
UTQGS ratings would still be available to interested consumers, vehicle 
manufacturers, and tire retailers, but a consumer looking at a tire 
would not be confronted with different and confusing rating scales. 
NHTSA wants to study further the likely consequences of discontinuing 
the temperature resistance rating before making a decision about the 
future UTQGS requirements. NHTSA is making no changes to UTQGS 
requirements in this final rule.
6. Consumer Education Program
    For similar reasons discussed above, in order to have the full 
benefit of any new understanding of how consumers best comprehend 
information gained from the agency's new consumer research, NHTSA will 
re-propose its ideas for the consumer education portion of the program 
in the supplemental NPRM on the consumer information and education 
portions of the tire fuel efficiency consumer information program. The 
supplemental NPRM will newly propose and seek comment on numerous ways 
that NHTSA could implement a consumer education program to inform 
consumers about the effect of tire properties and tire maintenance on 
vehicle fuel efficiency, safety, and durability. The supplemental NPRM 
will also discuss some of the messages that NHTSA believes will be key 
to a successful tire fuel efficiency consumer information program.
    Within the next year, NHTSA will begin developing a new government 
Web site on tires, which will be linked directly from http://www.safercar.gov/. It will contain all the information on NHTSA's 
current tire Web site (also located within http://www.safercar.gov), as 
well as links to other useful Web sites that contain educational 
information about tire maintenance.\18\ In furtherance of the 
objectives of consumer education program, the supplemental NPRM will 
seek comment on the structure and content of the tire Web site. NHTSA's 
tire Web site will eventually contain a database of all tire rating 
information.
---------------------------------------------------------------------------

    \18\ NHTSA's current online tire information can be found at 
http://www.nhtsa.gov/portal/site/nhtsa/menuitem.c6b5d461a04337a1ba7d9d1046108a0c/and http://www.safercar.gov/portal/site/safercar/menuitem.13dd5c887c7e1358fefe0a2f35a67789/?vgnextoid=0e0aaa8c16e35110VgnVCM1000002fd17898RCRD (last accessed 
Sept. 24, 2009).
---------------------------------------------------------------------------

7. Benefits and Costs
    It is hoped that the final rule will have benefits in terms of fuel 
economy, safety, and durability. At the very least, the final rule 
should enable consumers to make more informed decisions about these 
variables, thus increasing benefits in ways that most matter to them. 
It is possible that the rule will help promote innovation that will 
provide benefits to consumers in all three areas of tire performance. 
Because the agency cannot foresee precisely how much today's consumer 
information program will affect consumer tire purchasing behavior and 
cannot foresee the reduction in rolling resistance among improved tires 
(we estimate the potential range of rolling resistance improvement to 
be between 5 and 10 percent), the FRIA estimates benefits using a range 
of hypothetical assumptions regarding the extent to which the tire fuel 
efficiency consumer information program affects the replacement tire 
market. For example, if we assume that 1 percent of targeted tires (1.4 
million tires) are improved and that the average reduction in rolling 
resistance is 5 percent, then under these hypothetical assumptions, the 
proposal is estimated to save 3 million gallons of fuel and prevent the 
emission of 29,000 metric tons of CO2 annually. The value of 
these savings is $11.6 million at a 3 percent discount rate.
    If 1 percent of targeted tires are improved at an average cost of 
$3 per tire, the annual cost of NHTSA's final rule is estimated to be 
$9.4 million. This includes annual testing costs of $3.8 million, 
annual reporting costs of around $113,000, annual costs to the Federal 
Government of $1.3 million, and annual costs of $4.23 million to 
improve tires. This does not include annual costs for labeling. Since 
this final rule does not require a label, NHTSA will account for costs 
of a label when the requirement is re-proposed in the supplementary 
NPRM addressing consumer information requirements. In the first year, 
NHTSA anticipates one-time costs of $34.8 million, including the same 
costs noted above except changes in initial testing costs of $33.1 
million, no one-time costs to improve

[[Page 15902]]

tires (NHTSA only assumes this as a subsequent annual cost, not an 
initial cost), and reporting start-up costs of almost $400,000.
    Table 1 shows cost and benefit estimates developed to date, which 
may change based on further study on the design of the consumer 
information requirements. The assumptions are that silica technology is 
used at a cost of $3 per tire, that this technology improves rolling 
resistance and has no or slightly favorable impacts on wet traction and 
treadwear. The estimates below assume that 1 percent of targeted tires 
are sold with improved rolling resistance.

                                   Table 1--Total Benefits and Costs Estimates
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                      3 Percent discount rate
                                                      7 Percent discount rate
----------------------------------------------------------------------------------------------------------------
Fuel Efficiency Improvement.....................              5%             10%              5%             10%
Costs (first year)..............................           $34.8           $34.8           $34.8           $34.8
Costs (annual)..................................            $9.4            $9.4            $9.4            $9.4
Benefits \a\....................................           $11.6           $23.2           $10.6           $21.2
Annual Net Benefits (Costs) \b\.................            $2.2           $13.8            $1.2           $11.8
----------------------------------------------------------------------------------------------------------------
\a\ Average annual benefit through 2050.
\b\ Counting only annual costs in the future; assuming 1% of replacement tires are sold with improved fuel
  efficiency.

8. Lead Time
    Lead time will be determined based on the timing of the final rules 
that will specify the requirements and content of the consumer 
information and the specification of a reference laboratory or 
laboratories. If the later of the final rules is the one in which NHTSA 
announces the selection of a reference laboratory or laboratories with 
the capability to test LATs, NHTSA will require tire manufacturers to 
meet applicable requirements for replacement tires they manufacture in 
stages, by tire size. In that case, tire manufacturers must meet 
applicable requirements for 15 and 16-inch tires, the most popular rim 
sizes,\19\ first; tire manufacturers must meet applicable requirements 
for other passenger car tire sizes at a later date. That phase in would 
be tied to the publication of a final rule specifying the availability 
of certified LATs from the reference laboratory or laboratories. As 
noted above, in the near future NHTSA will announce one or more private 
laboratories to operate the reference test machine(s). The agency is 
working expeditiously to establish and implement procedures for the 
selection of a reference laboratory or laboratories. Soon after, NHTSA 
will publish a Federal Register notice of the readiness of the 
reference laboratory or laboratories to provide LATs under ISO 28580.
---------------------------------------------------------------------------

    \19\ The RMA Preliminary 2010 Factbook estimated that 15 and16-
inch passenger replacement tires constituted about 22% of the 
replacement passenger tire sales in the U.S. in 2009. See Rubber 
Manufacturers Association, Tire Industry Factbook, available at 
http://www.rma.org/rma_resources/market_information/tire_industry/ (last accessed March 11, 2010).
---------------------------------------------------------------------------

    If the final rule specifying the requirements and content of the 
consumer information portion of the program occurs after the final rule 
specifying the reference laboratory or laboratories, NHTSA may 
establish a lead time different from the phase in described above since 
tire manufacturers will have had since the final rule specifying the 
reference laboratory or laboratories to begin testing to the test 
procedures specified in this final rule.
    In that case, NHTSA would also announce in the final rule 
specifying the requirements and content of the consumer information and 
consumer education portion of the program the first date by which tire 
manufacturers must submit required data to NHTSA on replacement tires, 
and the compliance dates for any other tire manufacturer or tire 
retailer requirements established in that rulemaking. For new tires 
introduced after those compliance dates, NHTSA is requiring reporting 
of information at least 30 days prior to introducing the tire for sale, 
as is currently required for UTQGS information.
    The lead time is longer than the 12 months proposed in the NPRM for 
several reasons. First, as commenters correctly pointed out, tire 
manufacturers will need some additional time to validate correlation 
equations between ISO 28580 and other rolling resistance test methods 
many manufacturers presently use if they are using laboratories other 
than Smithers Scientific Services, Inc. (Smithers) and Standards 
Testing Laboratories (STL).
    Second, because the safety rating test requires recording of the 
peak coefficients of friction, it is unlikely that manufacturers have 
established much (if any) correlation of their peak traction 
measurements to the peak values at NHTSA's San Angelo test facility. 
Therefore, it will likely take tire manufacturers more than a year to 
test enough tires to establish a correlation for all of their tire 
sizes to include estimated values in the reporting formula.
    Finally, manufacturers cannot start rating for fuel efficiency 
until they can obtain certified reference tires from a reference lab so 
that they can use the ISO 28580 lab alignment procedure. NHTSA has 
determined that upon the availability of certified LATs, manufacturers 
will be able to accurately rate all tires within 24 months. However, 
recognizing that the deadlines imposed by EISA indicate a desire to 
have information available to consumers as quickly as possible, NHTSA 
would phase in the availability of this consumer information. Because 
tires with 15 and 16 inch rim sizes make up more than 22 percent of 
sales in the replacement passenger car tire market, NHTSA believes 
there will be a significant benefit for requiring these most popular 
tire sizes to be rated as soon as possible. Recognizing the uncertainty 
of the rulemaking timeline for finalizing the requirements and content 
of the consumer information and consumer education portions of the tire 
fuel efficiency program, NHTSA will tie all compliance dates to the 
latter of the consumer information and education final rule, or the 
final rule announcing the availability of the reference laboratory or 
laboratories to test LATs under ISO 28580.

[[Page 15903]]

II. Background \20\
---------------------------------------------------------------------------

    \20\ This discussion is substantially the same as the Background 
discussion in the NPRM, but is repeated here to provide context for 
this new regulatory program and for the convenience of the reader. 
Comments on EISA section 111's preemption provision are discussed in 
this section. Discussions of the European Union's efforts towards 
increasing on-road fuel economy by reducing average rolling 
resistance is also updated. See Tire Fuel Efficiency NPRM, supra 
note 9, at 29547-29552.
---------------------------------------------------------------------------

A. Contribution of Tire Maintenance and Tire Fuel Efficiency To 
Addressing Energy Independence and Security

1. Tire Fuel Efficiency and Rolling Resistance
    Without the continual addition of energy, a vehicle will slow down. 
This effect is due to many forces, including aerodynamic drag, 
driveline losses, brake drag, and tire rolling resistance. The first 
three of these are vehicle properties; they will not be discussed 
further. The fourth, rolling resistance, is the effort required to keep 
a given tire rolling. That is, rolling resistance is the energy loss 
during the continuation of rotational movement of the tire. As such, it 
always opposes the vehicle's longitudinal, or forward/backward, 
movement. Since this rolling resistance force (RRF) opposes the 
direction of travel of the rotating tire, it directly reduces the 
efficiency of a vehicle in converting the chemical energy in the fuel 
to motion of the vehicle. Therefore, tire rolling resistance is the 
most effective metric for rating the ``fuel efficiency'' of a tire.
    In general, vehicle efficiency affects the conversion of chemical 
energy in motor fuel into mechanical energy and the transmission of 
energy to the axles to drive the wheels. Figure 1 illustrates the 
energy uses and losses for a midsize passenger car. Part of the energy 
supplied to the wheels of the vehicle is lost due to energy converted 
to heat within the structure of the tire as well as friction between 
the tire and the road, which creates resistance, decreasing fuel 
efficiency.
[GRAPHIC] [TIFF OMITTED] TR30MR10.019

    As noted above, a tire's rolling resistance is the energy consumed 
by a rolling tire, or the mechanical energy converted into heat by a 
tire, moving a unit distance on the roadway.\22\ The magnitude of 
rolling resistance depends on the tire used, the nature of the surface 
on which it rolls, and the operating conditions--inflation pressure, 
load, and speed.\23\
---------------------------------------------------------------------------

    \21\ See http://www.fueleconomy.gov/feg/atv.shtml (last accessed 
Sept. 24, 2009); 2006 NAS Report, supra note 4, at 29.
    \22\ Rolling resistance is, thus, defined as energy per unit 
distance, which is the same units as force (Joules/meter = Newtons). 
However, unlike force, rolling resistance is a scalar quantity with 
no direction associated with it. National Highway Traffic Safety 
Administration, The Pneumatic Tire, DOT HS 810 561, at 477 (February 
2006).
    \23\ Id.
---------------------------------------------------------------------------

2. Relationship between tire maintenance and tire fuel efficiency and 
vehicle fuel economy
    Tires with reduced inflation pressure exhibit more sidewall bending 
and tread shearing. This increased deformation causes increased energy 
loss by the flexing of the rubber. Further, tires with less than 
optimal inflation pressure have a larger footprint of the tire on the 
road, creating more contact between the tire and the road, also 
increasing rolling resistance. Therefore, properly inflated tires have 
less rolling resistance and higher fuel efficiency than under-inflated 
tires. Moreover, all tires need proper inflation and proper maintenance 
to achieve their intended levels of efficiency, safety, wear, and 
operating performance. Thus, a strong message urging vigilant 
maintenance of inflation must be a central part of communicating 
information on the fuel efficiency performance of tires to 
motorists.\24\
---------------------------------------------------------------------------

    \24\ 2006 NAS Report, supra note 4, at 5, 97.
---------------------------------------------------------------------------

    In addition to proper tire inflation pressure, combinations of 
differences in tire dimensions, design, materials, and construction 
features will cause tires to differ in rolling resistance as well as in 
many other attributes such as traction, handling, noise, wear 
resistance, and appearance.\25\ Thus, when choosing among replacement 
tires, consumers choose among tires varying in price, style, and many 
aspects of performance, including rolling resistance, treadwear life, 
and traction. Every year Americans spend approximately $20 billion 
replacing about 200 million passenger

[[Page 15904]]

car tires.\26\ Thus, the tires consumers purchase will not only affect 
the handling, traction, ride comfort, and appearance of their cars, but 
also the fuel economy.\27\
---------------------------------------------------------------------------

    \25\ Id. at 1.
    \26\ H.R. Rep. No. 109-537, at 3 (June 28, 2006); 2006 NAS 
Report, supra note 4, at 1.
    \27\ Most passenger tires are replaced every 3 to 5 years 
because of wear. Id.
---------------------------------------------------------------------------

    Fuel economy improvements are a large part of ensuring a more 
secure energy future.\28\ EISA will help reduce America's dependence on 
oil by reducing U.S. demand for oil by requiring the light duty vehicle 
industry to achieve a national average fuel economy of at least 35 
miles per gallon by 2020 for passenger cars and light trucks combined. 
Achieving this will entail increasing fuel economy standards by 40 
percent and resulting in saving billions of gallons of fuel. In 
accordance with the President's May 19, 2009 announcement, on September 
28, 2009, NHTSA and EPA issued a joint NPRM, with NHTSA proposing CAFE 
standards under EPCA, as amended by EISA, and EPA proposing greenhouse 
gas emissions standards under the Clean Air Act.\29\ This proposal 
would require a fleet-wide fuel economy of 34.1 miles per gallon (mpg) 
by 2016, thus nearly reaching the EISA target four years earlier than 
the EISA deadline. Today's rule complements that proposal by 
establishing a tire fuel efficiency rating system and consumer 
education program that will contribute to increases in actual on-road 
fuel economy achieved, even for vehicles currently in service.
---------------------------------------------------------------------------

    \28\ See Proposed Rulemaking to Establish Light-Duty Vehicle 
Greenhouse Gas Emissions Standards and Corporate Average Fuel 
Economy Standards, 74 FR 49454, 49631 (Sept. 28, 2009).
    \29\ Id.
---------------------------------------------------------------------------

    Further, improving fuel economy reduces the amount of tailpipe 
emissions of CO2. CO2 emissions are directly 
linked to fuel consumption because CO2 is an ultimate end 
product of burning gasoline. The more fuel a vehicle burns, the more 
CO2 it emits. Since the CO2 emissions are 
essentially constant per gallon of fuel combusted, the amount of fuel 
consumption per mile is directly related to the amount of 
CO2 emissions per mile. Thus, improvements in fuel economy 
necessarily reduce tailpipe emissions of CO2.\30\ The need 
to take action to reduce greenhouse gas emissions, e.g., motor vehicle 
tailpipe emissions of CO2, in order to forestall and even 
mitigate climate change is well recognized.\31\
---------------------------------------------------------------------------

    \30\ Id. at 24356.
    \31\ IPCC (2007): Climate Change 2007: Mitigation of Climate 
Change. Contribution of Working Group III to the Fourth Assessment 
Report of the Intergovernmental Panel on Climate Change [B. Metz, O. 
Davidson, P. Bosch, R. Dave, and L. Meyer (eds.)]. Cambridge 
University Press, Cambridge, United Kingdom and New York, NY, USA.
---------------------------------------------------------------------------

3. 2006 National Academy of Sciences report
    In the Consolidated Appropriations Act of 2004,\32\ Congress 
provided funding through the USDOT/NHTSA to the National Academy of 
Sciences (NAS) to develop and perform a national tire fuel efficiency 
study and literature review.\33\ The NAS was to assess the feasibility 
of reducing rolling resistance in replacement tires and the effects of 
doing so on vehicle fuel consumption, tire wear life and scrap tire 
generation, and tire operating performance as it relates to motor 
vehicle safety. Congress asked that the assessment include estimates of 
the effects of reductions in rolling resistance on consumer spending on 
fuel and tire replacement.
---------------------------------------------------------------------------

    \32\ H.R. Rep. No. 108-401, at 971 (Nov. 25, 2003) (Conf. Rep.).
    \33\ Ultimately the task was given to the Committee for the 
National Tire Efficiency Study of the Transportation Research Board, 
a division of the National Research Council that is jointly 
administered by the National Academy of Sciences, the National 
Academy of Engineering, and the Institute of Medicine.
---------------------------------------------------------------------------

    In April 2006, the Transportation Research Board and the Board on 
Energy and Environmental Systems, part of the National Academies' 
Division on Engineering and Physical Sciences, released Special Report 
286, Tires and Passenger Vehicle Fuel Economy: Informing Consumers and 
Improving Performance (2006 NAS Report).\34\ The 2006 NAS Report 
concluded that reduction of average rolling resistance of replacement 
tires by 10 percent was technically and economically feasible, and that 
such a reduction would increase the fuel economy of passenger vehicles 
by 1 to 2 percent, saving about 1 to 2 billion gallons of fuel per year 
nationwide.\35\
---------------------------------------------------------------------------

    \34\ Transportation Research Board Special Report 286, Tires and 
Passenger Vehicle Fuel Economy, National Research Council of the 
National Academies (2006). Docket No. NHTSA-2008-0121-0008.
    \35\ Id. at 2-3.
---------------------------------------------------------------------------

    A reduction in the average rolling resistance of replacement tires 
in the vehicle fleet can occur through various means. Consumers could 
purchase more tires that are now available with lower rolling 
resistance, tire designs could be modified, and new tire technologies 
that offer reduced rolling resistance could be introduced. More 
vigilant maintenance of tire inflation pressure may further this 
outcome as well.\36\ The 2006 NAS Report concluded that consumers, if 
sufficiently informed and interested, could bring about a reduction in 
average rolling resistance by adjusting their tire purchases and by 
taking proper care of their tires once in service, especially by 
maintaining recommended inflation pressure.\37\
---------------------------------------------------------------------------

    \36\ Id. at 3.
    \37\ Id.
---------------------------------------------------------------------------

    The 2006 NAS Report observed that consumers currently have little, 
if any, practical way of assessing how tire choices can affect vehicle 
fuel economy. Recognizing this market failure, the Report recommended 
that Congress authorize and make sufficient resources available for 
NHTSA to prompt and work with the tire industry in gathering and 
reporting information on the influence of passenger tires on vehicle 
fuel consumption.\38\ The 2006 NAS Report recognized the challenge of 
changing consumer preference and behavior, but recommended 
Congressional action nonetheless because of the potential societal 
benefits associated with increasing effective on-road fuel economy by 
even 1 to 2 percent.\39\ This ambitious undertaking must begin with 
information concerning the tire's influence on fuel efficiency being 
made widely and readily available to tire buyers and sellers. The 
consumer tire information program mandated by EISA and promulgated in 
today's notice begins this undertaking.
---------------------------------------------------------------------------

    \38\ Id. at 2, 4.
    \39\ Id.
---------------------------------------------------------------------------

B. Efforts by Other Governments To Establish Consumer Information 
Programs To Address These Issues

    Other countries have also begun working towards increasing on-road 
fuel economy by reducing average rolling resistance. These countries 
include those of the European Union and Japan. In addition, the State 
of California has also initiated a program to increase vehicle fuel 
economy using tire efficiency ratings.
1. California
    In 2001, California Senate Bill 1170 authorized the California 
Energy Commission (CEC) to conduct a study to investigate opportunities 
for increasing usage of low rolling resistance tires in California.\40\ 
The study concluded that there was a potential for substantial vehicle 
fuel savings from an increase in the use of properly inflated, low 
rolling resistance tires. As a result of this study,

[[Page 15905]]

in October 2003, the California state legislature adopted Assembly Bill 
No. 844 (AB 844),\41\ which required the CEC to develop a comprehensive 
fuel efficient tire program.\42\
---------------------------------------------------------------------------

    \40\ See Cal. Pub. Res. Code Sec. Sec.  25000.5, 25722-25723 
(2009); 2001 Cal. Legis. Serv. Ch. 912 (S.B. 1170) (West).
    \41\ See Cal. Pub Res. Code Sec. Sec.  25770-25773; 2003 Cal. 
Legis. Serv. Ch. 645 (A.B. 844) (West).
    \42\ Specifically, AB 844 required the State Energy Resources 
Conservation Board ``to adopt, on or before July 1, 2007, and 
implement, no later than July 1, 2008, a replacement tire fuel 
efficiency program of Statewide applicability for replacement tires 
for passenger cars and light-duty trucks, that is designed to ensure 
that replacement tires sold in the State are at least as energy 
efficient, on average, as the tires sold in the State as original 
equipment on those vehicles.'' Cal. Pub. Res. Code Sec.  25772.
---------------------------------------------------------------------------

    The program would consist of three phases. In the first phase, the 
CEC will develop a database with information on the fuel efficiency of 
replacement tires sold in California, develop a rating system for the 
energy efficiency of replacement tires, and develop a manufacturer 
reporting requirement for the energy efficiency of replacement 
tires.\43\ In the second phase, the CEC will consider whether to adopt 
standards for replacement tires to ensure that replacement tires sold 
in the State are at least as energy efficient, on average, as original 
equipment tires.\44\ In deciding whether to adopt standards, the CEC 
must ensure that a standard:
---------------------------------------------------------------------------

    \43\ See id. at Sec.  25771.
    \44\ See id. at Sec.  25772. By contrast, EISA does not provide 
NHTSA with the authority to directly regulate the fuel efficiency of 
tires. EISA's mandates to NHTSA regarding replacement tire fuel 
efficiency relate only to developing ratings and disseminating 
information to consumers.
---------------------------------------------------------------------------

     Is technically feasible and cost effective;
     Does not adversely affect tire safety;
     Does not adversely affect the average life of replacement 
tires; and
     Does not adversely affect the State effort to manage scrap 
tires.\45\
---------------------------------------------------------------------------

    \45\ See id. at Sec.  25773.

If standards are adopted, the CEC will also develop consumer 
information requirements for replacement tires for which standards 
apply. In the third phase, the CEC must review and revise the program 
at least every three years.\46\
---------------------------------------------------------------------------

    \46\ Id.
---------------------------------------------------------------------------

    On June 10, 2009, the Transportation Policy Committee of the CEC 
conducted a workshop regarding the Energy Commission Fuel Efficient 
Tire Program. As part of that workshop, the CEC staff draft regulation 
was made public.\47\ The draft regulation would specify testing and 
reporting requirements for manufacturers, and describes the database 
the CEC will maintain. The draft regulation would define a ``fuel 
efficient tire'' as a tire with ``a declared fuel efficiency rating 
value no higher than 1.15 times the lowest declared fuel efficiency 
rating value for all tires in its combined tire size designation and 
load index.'' \48\
---------------------------------------------------------------------------

    \47\ See http://www.energy.ca.gov/transportation/tire_efficiency/documents/index.html#061009 (last accessed Sept. 24, 
2009).
    \48\ Publication  CEC-600-2009-010-SD (posted May 29, 
2009), available at http://www.energy.ca.gov/2009publications/CEC-600-2009-010/CEC-600-2009-010-SD.PDF (last accessed Nov. 12, 2009).
---------------------------------------------------------------------------

2. European Union
    Europe is approaching the issue of tire fuel efficiency from two 
directions. On July 13, 2009, Regulation (EC) No 661/2009 of the 
European Parliament and of the Council of the European Union concerning 
new type-approval requirements for the general safety of motor vehicles 
was adopted.\49\ One of the new requirements in this regulation will 
gradually prohibit original equipment and replacement tires with a 
rolling resistance coefficient (RRC) above certain levels beginning 
November 1, 2012.
---------------------------------------------------------------------------

    \49\ Commission Regulation 661/2009, 2009 O.J. (L 200) 1, 
available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:200:0001:0024:EN:PDF (last accessed Nov. 
12, 2009).
---------------------------------------------------------------------------

    On April 22, 2009, the European Parliament adopted another 
Commission proposal, ``Fuel Efficiency: Labeling of Tyres.'' The new 
regulation will require original equipment and replacement tires to be 
rated for rolling resistance, wet grip and noise.\50\ The rolling 
resistance rating is determined using the same test procedure as in ISO 
28580:2009(E), Passenger car, truck and bus tyres--Methods of measuring 
rolling resistance--Single point test and correlation of measurement 
results. The ratings must be provided to consumers in a label on the 
tire, or at the point of sale (e.g., in cases where the tire itself is 
not visible at the point of sale), and also in technical promotional 
literature, including Web sites. The label design is the same A to G 
scale as that used to rate the energy efficiency of household 
appliances in Europe.\51\ It will apply to tires fitted to passenger 
cars as well as light and heavy duty vehicles. Tire manufacturers are 
required to have a link on their Web site to the European Commission 
Web page covering the new Regulation. The new regulation will go into 
effect on November 1, 2012, but tire manufacturers are encouraged to 
comply earlier.
---------------------------------------------------------------------------

    \50\ See http://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=COD/2008/0221 (last accessed Nov. 
12, 2009). Mandatory requirements are also proposed to begin in 
October 2010 for wet grip and external rolling noise.
    \51\ See Council Directive 1992/75/EEC, 1992 O.J. (L 297) 16-19 
(on the indication by labeling and standard product information of 
the consumption of energy and other resources by household 
appliances).
---------------------------------------------------------------------------

3. Japan
    In late 2008 the Ministry of Economy, Trade and Industry (METI) and 
the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) 
announced a decision to establish a fuel efficient tire program.\52\ 
The stated objectives are to include standards for measuring rolling 
resistance, providing information to consumers, and consideration of 
ways to ensure proper tire pressure management (either through tire 
pressure monitoring systems or consumer education).\53\ Japan has been 
participating in the development of ISO 28580.
---------------------------------------------------------------------------

    \52\ See http://www.meti.go.jp/english/press/data/20081226_01.html (last accessed Nov. 12, 2009).
    \53\ Tire manufacturers in Japan have recently proposed a 
voluntary rating system that includes rolling resistance and wet 
grip. Rolling resistance is divided into five categories labeled 
AAA, AA, A, B, and C. Wet grip is divided into four categories 
labeled a, b, c, and d. For additional information, see http://translate.google.com/translate?u=http%3A%2F%2Fwww.tftc.gr.jp%2Ftirepark%2Fperformance%2Flabel%2Flabel.html&sl=ja&tl=en&hl=&ie=UTF-8 (last accessed March 11, 
2010).
---------------------------------------------------------------------------

C. Energy Independence and Security Act of 2007 Mandated Consumer Tire 
Information Program

    The legislation that eventually became section 111 of EISA 
mandating the tire fuel efficiency consumer education program was 
originally introduced by itself in the U.S. House of Representatives as 
H.R. 5632 \54\ following the recommendations in the 2006 NAS 
Report.\55\ The bill was introduced on June 16, 2006, and on June 28, 
2006, the House Committee on Energy and Commerce reported on a slightly 
amended version of the bill.\56\ It was never acted upon by the 109th 
Congress, but it was inserted into a comprehensive energy bill as the 
110th Congress began to develop it in May 2007.
---------------------------------------------------------------------------

    \54\ H.R. 5632, 109th Cong. (2d Sess. 2006).
    \55\ Previous attempts to establish a national tire fuel 
efficiency program can be found in proposed amendments to various 
energy bills in prior years. See e.g., S. Amdt. 3083, 108th Cong., 
150 Cong. Rec. S4710 (2004) (proposing to amend S. 150); S. Amdt. 
1470, 108th Cong., 149 Cong. Rep. S10707 (2003) (proposing to amend 
S. 14). These amendments proposed regulating the fuel efficiency of 
tires in addition to a tire fuel efficiency grading system and 
consumer information program, and were not adopted.
    \56\ See H.R. Rep. No. 109-537 (2006).
---------------------------------------------------------------------------

    The Motor Vehicle Information and Cost Savings Act, which was 
enacted in 1972, mandated a Federal program to provide consumers with 
accurate information about the comparative safety and damageability of 
passenger cars. These requirements were codified in Chapter 323 of 
Title 49 of the United

[[Page 15906]]

States Code (U.S.C.). EISA added section 32304A to Title 49 U.S.C., 
Chapter 323 which gives authority to the Department of Transportation 
(DOT) to establish a new consumer tire information program to educate 
consumers about the effect of tires on automobile fuel efficiency, 
safety, and durability. The DOT has delegated authority to NHTSA at 49 
CFR 1.50. We have summarized below the requirements of title 49 U.S.C. 
32304A, the consumer tire information program provision enacted by 
EISA.
1. Tires Subject To the Consumer Information Program
    The national tire fuel efficiency consumer information program 
mandated by EISA and established in this notice is applicable ``only to 
replacement tires covered under section 575.104(c) of title 49, Code of 
Federal Regulations'' (CFR), as that regulation existed on the date of 
EISA's enactment.\57\ Section 575.104 of title 49 CFR is the Federal 
regulation that requires motor vehicle and tire manufacturers and tire 
brand name owners to provide information indicating the relative 
performance of passenger car tires in the areas of treadwear, traction, 
and temperature resistance. This section of NHTSA's regulations 
specifies the test procedures to determine uniform tire quality grading 
standards (UTQGS), and mandates that these standards be molded onto 
tire sidewalls.
---------------------------------------------------------------------------

    \57\ 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------

    Section 575.104 applies only to ``new pneumatic tires for use on 
passenger cars * * * [but] * * * does not apply to deep tread, winter-
type snow tires, space-saver or temporary use spare tires, tires with 
nominal rim diameters of 12 inches or less, or to limited production 
tires as defined in [49 CFR 575.104(c)(2)].'' \58\ Accordingly, the 
tire fuel efficiency consumer information program described in today's 
notice applies only to replacement passenger car tires with the same 
exclusions as the UTQGS regulation.
---------------------------------------------------------------------------

    \58\ 49 CFR 575.104(c)(1).
---------------------------------------------------------------------------

2. Mandate to Create a National Tire Fuel Efficiency Rating System
    EISA requires NHTSA to ``promulgate rules establishing a national 
tire fuel efficiency consumer information program for replacement tires 
designed for use on motor vehicles to educate consumers about the 
effect of tires on automobile fuel efficiency, safety, and 
durability.'' \59\ EISA specifies that the regulations establishing the 
program are to be issued not later than December 19, 2009.\60\
---------------------------------------------------------------------------

    \59\ 49 U.S.C. 32304A(a)(1).
    \60\ EISA was signed into law on December 19, 2007. EISA 
specifies that ``[n]ot later than 24 months after the date of 
enactment * * * [NHTSA] shall, after notice and opportunity for 
comment, promulgate rules establishing a national tire fuel 
efficiency consumer information program for replacement tires 
designed for use on motor vehicles to educate consumers about the 
effect of tires on automobile fuel efficiency, safety, and 
durability.'' 49 U.S.C. 32304A(a)(1).
---------------------------------------------------------------------------

    Section 111 of EISA specifically mandates ``a national tire fuel 
efficiency rating system for motor vehicle replacement tires to assist 
consumers in making more educated tire purchasing decisions.'' \61\ 
However, NHTSA may ``not require permanent labeling of any kind on a 
tire for the purpose of tire fuel efficiency information.'' \62\
---------------------------------------------------------------------------

    \61\ 49 U.S.C. 32304A(a)(2)(A).
    \62\ Id. at Sec.  32304A(d).
---------------------------------------------------------------------------

    The only Committee Report commenting on the legislation that 
eventually became section 111 of EISA explained that the need for this 
program was established by the 2006 NAS Report, which concluded that if 
consumers were sufficiently informed and interested, they could bring 
about a reduction in average rolling resistance (and thus an increase 
in average on-road fuel economy) by adjusting their tire purchases and 
by taking proper care of their tires once in service.\63\ Thus, NHTSA 
reviewed conclusions and recommendations in the 2006 NAS Report 
regarding how best to inform consumers using a tire fuel efficiency 
rating system.
---------------------------------------------------------------------------

    \63\ H.R. Rep. No. 109-537, at 3 (2006).
---------------------------------------------------------------------------

    Specifically, the 2006 NAS Report concluded that rolling resistance 
measurement of new tires can be informative to consumers, especially if 
they are accompanied by reliable information on other tire 
characteristics such as treadwear and traction.\64\ The 2006 NAS Report 
further stated that consumers benefit from the ready availability of 
easy-to-understand information on all major attributes of their 
purchases, and that tires are no exception. A tire's influence on 
vehicle fuel economy is an attribute that is likely to be of interest 
to many tire buyers.\65\ NHTSA has attempted to keep these key 
observations in mind in the development of this final rule.
---------------------------------------------------------------------------

    \64\ 2006 NAS Report, supra note 4, at 4. The 2006 NAS Report 
specifically noted that ``[i]deally, consumers would have access to 
information that reflects a tire's effect on fuel economy averaged 
over its anticipated lifetime of use, as opposed to a measurement 
taken during a single point in the tire's lifetime, usually when it 
is new.'' Id. However, ``[n]o standard measure of lifetime tire 
energy consumption is currently available, and the development of 
one deserves consideration. Until such a practical measure is 
developed, rolling resistance measurements of new tires can be 
informative to consumers * * *'' Id.
    \65\ 2006 NAS Report, supra note 4, at 4.
---------------------------------------------------------------------------

3. Communicating Information to Consumers
    EISA specifies that this rulemaking to establish a national tire 
fuel efficiency consumer information program must include 
``requirements for providing information to consumers, including 
information at the point of sale and other potential information 
dissemination methods, including the Internet.'' \66\ While there is 
little to no legislative history of EISA itself, the legislation that 
eventually became section 111 of EISA was originally introduced in June 
2006 with this identical requirement.\67\
---------------------------------------------------------------------------

    \66\ 49 U.S.C.32304A(a)(2)(B).
    \67\ See H.R. 5632, 109th Cong. (2d Sess. 2006).
---------------------------------------------------------------------------

    As noted above, on June 28, 2006, the House Committee on Energy and 
Commerce reported on a slightly amended version of the bill and noted 
that ``[t]he bill * * * would require tire retailers to provide 
consumers with information on the tire fuel efficiency rating of motor 
vehicle tires at the point of sale.'' \68\ Thus, NHTSA believes that 
the suggestion of point of sale requirements indicates that Congress 
intended NHTSA's authority to establish information dissemination 
requirements to be broad enough to include requirements for both tire 
manufacturers, which by statute includes importers,\69\ and tire 
dealers/retailers and distributors.
---------------------------------------------------------------------------

    \68\ See H.R. Rep. No. 109-537, at 5 (2006).
    \69\ See 49 U.S.C. 32101(5) (defining manufacturer as ``a person 
(A) manufacturing or assembling passenger motor vehicles or 
passenger motor vehicle equipment; or (B) importing motor vehicles 
or motor vehicle equipment for resale.''). For purposes of the 
statute, the importer of any tire is a manufacturer. An importer is 
responsible for every tire it imports and is subject to civil 
penalties in the event of any violations. The U.S. Customs and 
Border Protection may deny entry at the port to items that do not 
conform to applicable requirements.
---------------------------------------------------------------------------

4. Specification of Test Methods
    Section 111 of EISA also mandates that this rulemaking include 
``specifications for test methods for manufacturers to use in assessing 
and rating tires to avoid variation among test equipment and 
manufacturers.'' \70\ See section IV of this notice for a discussion of 
NHTSA's specification of the ISO 28580 test procedure to measure 
rolling resistance.
---------------------------------------------------------------------------

    \70\ 49 U.S.C. 32304A(a)(2)(C).
---------------------------------------------------------------------------

    We note that the 2006 NAS Report, the recommendations from which 
formed the basis for the legislation that became section 111 of EISA, 
indicated

[[Page 15907]]

that ``[a]dvice on specific procedures for measuring and rating the 
influence of individual passenger tires on fuel economy and methods of 
conveying this information to consumers [was] outside the scope of this 
study.'' \71\ Accordingly, after publication of the 2006 NAS Report and 
in anticipation of Congressional legislation based off its 
recommendations, NHTSA embarked on a large-scale research project in 
July 2006 to evaluate existing tire rolling resistance test 
methods.\72\
---------------------------------------------------------------------------

    \71\ 2006 NAS Report, supra note 4, at 4.
    \72\ See NHTSA Tire Rolling Resistance Rating System Test 
Development Project: Phase 1--Evaluation of Laboratory Test 
Protocols (October 2008). Docket No. NHTSA-2008-0121-0019.
---------------------------------------------------------------------------

5. Creating a National Consumer Education Program on Tire Maintenance
    Section 111 of EISA further directs NHTSA to establish in this 
rulemaking ``a national tire maintenance consumer education program 
including, information on tire inflation pressure, alignment, rotation, 
and treadwear to maximize fuel efficiency, safety, and durability.'' 
\73\ NHTSA already has some information regarding tire maintenance on 
its safercar.gov Web site.\74\
---------------------------------------------------------------------------

    \73\ 49 U.S.C. 32304A(a)(2)(D).
    \74\ See generally http://www.safercar.gov/portal/site/safercar/menuitem.13dd5c887c7e1358fefe0a2f35a67789/?vgnextoid=0e0aaa8c16e35110VgnVCM1000002fd17898RCRD (last accessed 
Sept. 24, 2009).
---------------------------------------------------------------------------

    The 2006 NAS Report, the recommendations from which formed the 
basis for the legislation that became section 111 of EISA, noted that 
consumers benefit from the ready availability of easy-to-understand 
information on all major attributes of their purchases, and that 
replacement tires' influence on vehicle fuel economy is an attribute 
that is likely to be of interest to many tire buyers.\75\ NHTSA has 
focused on these principles in determining the best way to make the 
information in this program both of interest to consumers and easy to 
understand. The 2006 NAS Report further noted that ``industry 
cooperation is essential in gathering and conveying tire performance 
information that consumers can use in making tire purchases.'' \76\ 
NHTSA agrees that cooperation with the tire manufacturer and tire 
retailer industries, as well as other interested parties will be vital 
to the success of this program. The agency has held initial 
consultations with various groups of industry and the environmental 
community, as well at other Government agencies, to seek their views.
---------------------------------------------------------------------------

    \75\ 2006 NAS Report, supra note 4, at 96.
    \76\ Id.
---------------------------------------------------------------------------

6. Consultation in Setting Standards
    Section 111 of EISA provides that NHTSA is to consult with the 
Department of Energy (DOE) and Environmental Protection Agency (EPA) 
``on the means of conveying tire fuel efficiency consumer 
information.'' \77\ One of the recommendations of the 2006 NAS Report, 
which formed the basis for the legislation that became section 111 of 
EISA, stated that NHTSA should consult with the EPA ``on means of 
conveying the information and ensure that the information is made 
widely available in a timely manner and is easily understood by both 
buyers and sellers.'' \78\ NHTSA has fulfilled the statutory 
consultation requirement in a way that best serves the goals of EISA.
---------------------------------------------------------------------------

    \77\ 49 U.S.C. 32304A(b). In addition, Executive Order No. 13432 
provides that a Federal agency undertaking a regulatory action that 
can reasonably be expected to directly regulate emissions, or to 
substantially and predictably affect emissions, of greenhouse gasses 
from motor vehicles, shall act jointly and consistently with other 
agencies to the extent possible and to consider the views of other 
agencies regarding such action.
    \78\ 2006 NAS Report, supra note 4, at 4.
---------------------------------------------------------------------------

    NHTSA consulted with representatives of DOE, EPA, and the Federal 
Trade Commission (FTC) \79\ who work in energy efficiency consumer 
information and rating programs. These agencies provided feedback on 
NHTSA's draft final rule which included valuable comments and insight 
based on their experiences communicating information on the energy 
efficiency of consumer products.
---------------------------------------------------------------------------

    \79\ The Federal Trade Commission (FTC) developed the 
EnergyGuide label to enable consumers to compare the energy use of 
different models as consumers shop for an appliance. See http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea14.shtm (last accessed 
Sept. 24, 2009). Section 321(b) of EISA directs the FTC to consider 
the effectiveness of current lamp disclosures and to consider 
whether alternative labeling disclosures would be more effective in 
helping consumers make purchasing decisions.
---------------------------------------------------------------------------

7. Application With State and Local Laws and Regulations
    Section 111 of EISA contains both an express preemption provision 
and a savings provision that address the relationship of the national 
tire fuel efficiency consumer information program to be established 
under that section with State and local tire fuel efficiency consumer 
information programs. Section 111 provides:

    Nothing in this section prohibits a State or political 
subdivision thereof from enforcing a law or regulation on tire fuel 
efficiency consumer information that was in effect on January 1, 
2006. After a requirement promulgated under this section is in 
effect, a State or political subdivision thereof may adopt or 
enforce a law or regulation on tire fuel efficiency consumer 
information enacted or promulgated after January 1, 2006, if the 
requirements of that law or regulation are identical to the 
requirement promulgated under this section. Nothing in this section 
shall be construed to preempt a State or political subdivision 
thereof from regulating the fuel efficiency of tires (including 
establishing testing methods for determining compliance with such 
standards) not otherwise preempted under this chapter.\80\

    \80\ 49 U.S.C. 32304A(e).

    In the NPRM, NHTSA sought public comment on the scope of Section 
111 generally, and in particular on whether, and to what extent, 
Section 111 would or would not preempt tire fuel consumer information 
regulations that the administrative agencies of the State of California 
may promulgate in the future pursuant to California's Assembly Bill 844 
(AB 844).\81\ We discuss these comments in section XIV.D below.
---------------------------------------------------------------------------

    \81\ Cal. Pub Res. Code Sec. Sec.  25770-25773; 2003 Cal. Legis. 
Serv. Ch. 645 (A.B. 844) (West). This California legislation 
mandated that the California Energy Commission (CEC) develop and 
implement both a tire efficiency program and a corresponding 
consumer information program, and was passed on October 1, 2003.
---------------------------------------------------------------------------

8. Compliance and Enforcement
    Section 111 of EISA added a new sub-provision to 49 U.S.C. 32308 
(General prohibitions, civil penalty, and enforcement) which reads as 
follows:

    Any person who fails to comply with the national tire fuel 
efficiency information program under section 32304A is liable to the 
United States Government for a civil penalty of not more than 
$50,000 for each violation.

    The RMA recommended that NHTSA clarify how it intends to enforce 
this provision and subject its interpretation to comment. See section 
XI for more detail on RMA's comments on this provision and NHTSA's 
response.
9. Reporting to Congress
    EISA also requires that NHTSA conduct periodic assessments of the 
rules promulgated under this program ``to determine the utility of such 
rules to consumers, the level of cooperation by industry, and the 
contribution to national goals pertaining to energy consumption.'' \82\ 
NHTSA must ``transmit periodic reports detailing the findings of such 
assessments to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Energy and 
Commerce.'' \83\
---------------------------------------------------------------------------

    \82\ 49 U.S.C. 32304A(c).
    \83\ Id.
---------------------------------------------------------------------------

III. Scope of the Tire Fuel Efficiency Consumer Information Program

A. Which tires must be rated?

    As explained above in section II.C.1 of this notice, EISA specifies 
that the tire

[[Page 15908]]

fuel efficiency requirements are to ``apply only to replacement tires 
covered under [49 CFR] section 575.104(c)'' (NHTSA's UTQGS 
regulation).\84\ Title 49 CFR, section 575.104 applies only to ``new 
pneumatic tires \85\ for use on passenger cars'' with some exclusions 
of particular types of tires.\86\ All terms in 49 CFR Part 575 are as 
defined by the Safety Act or in 49 CFR Part 571, Federal Motor Vehicle 
Safety Standards (FMVSSs).\87\ Some commenters had questions about 
whether or not certain tires were excluded from the program. Others 
asked about the voluntary rating of tires not covered under the 
program. These comments are addressed in the sections below.
---------------------------------------------------------------------------

    \84\ 49 U.S.C. 32304A(a)(3).
    \85\ The term pneumatic tires is a broad one that essentially 
means air-filled tires. Section 571.139 of title 49 CFR (or FMVSS 
No. 109, New Pneumatic Radial Tires for Light Vehicles) defines 
pneumatic tire broadly as ``a mechanical device made of rubber, 
chemicals, fabric and steel or other materials, which, when mounted 
on an automotive wheel, provides the traction and contains the gas 
or fluid that sustains the load.'' By contrast, a non-pneumatic tire 
is a ``mechanical device which transmits * * * the vertical load and 
tractive forces from the roadway to the vehicle, generates the 
tractive forces that provide the directional control of the vehicle 
and does not rely on the containment of any gas or fluid for 
providing those functions.'' 49 CFR 571.129, New Non-pneumatic Tires 
for Passenger Cars.
    \86\ 49 CFR 575.104(c)(1).
    \87\ 49 CFR 575.2, Definitions.
---------------------------------------------------------------------------

1. Passenger Car Tires
    Section 571.139 of title 49 CFR (or FMVSS No. 139, New Pneumatic 
Radial Tires for Light Vehicles) defines ``passenger car tire'' as ``a 
tire intended for use on passenger cars, multipurpose passenger 
vehicles, and trucks, that have a gross vehicle weight rating (GVWR) of 
10,000 pounds or less.'' Accordingly, as stated in the NPRM, the tire 
fuel efficiency consumer information program applies only to 
replacement passenger car tires, which are tires intended for use on 
passenger cars, multipurpose passenger vehicles, and trucks, that have 
a GVWR of 10,000 pounds or less.\88\
---------------------------------------------------------------------------

    \88\ This FMVSS No. 139 definition of ``passenger car tires'' is 
consistent with past agency interpretations of the scope of 49 CFR 
575.104. See April 24, 1980 Letter to Mr. Robert A. Eddy (McCreary 
Tire & Rubber Company) (explaining that tires ``which are 
manufactured solely for use on a traction test trailer would not 
fall within the application of the UTQG Standards''); October 27, 
1978 Letter to Mr. Ken Yoneyama (Bridgestone) (explaining that 
``UTQGS applies to a tire type whose predominant contemplated use is 
on passenger cars, even if the manufacturer knows the tire type is 
also used as original equipment on multi-purpose passenger 
vehicles'').
---------------------------------------------------------------------------

    These tires often have a tire size designation beginning with a 
``P,'' indicating that they are for use on passenger cars. However, 
they may be designated without the P, sometimes referred to as ``hard 
metric'' sizes. Many smaller sport utility vehicles (SUVs), pickup 
trucks, and vans are equipped with passenger car tires, even though 
these vehicles are classified as light trucks by NHTSA.\89\ Ordinarily, 
the kinds of light- and medium-duty trucks used in commercial service, 
including full-size pickups and vans, have a GVWR of more than 6,000 
pounds. These vehicles are usually equipped with tires having the 
letters ``LT'' molded into the sidewall.\90\ EISA excludes replacement 
LT tires from the tire fuel efficiency consumer information 
program.\91\ JATMA asked for confirmation of their understanding that 
LT tires are not included in the scope of the tire fuel efficiency 
consumer information program.\92\ As explained in this section, that 
understanding is correct.
---------------------------------------------------------------------------

    \89\ 2006 NAS Report, supra note 4, at 14.
    \90\ Id.
    \91\ 49 U.S.C. 32304A(a)(3).
    \92\ Docket No. NHTSA-2008-0121-0031.1 at 1.
---------------------------------------------------------------------------

    Providing information on LT tires: ICCT asked that NHTSA, since 
EISA does not appear to contain any restriction on NHTSA providing 
information to consumers, investigate whether our data combined with 
California and European Union tire testing data would provide enough 
data for NHTSA to provide consumers with information on LT tires on the 
agency's online Web site.\93\ ICCT commented that this is especially 
important given the high rolling resistances that NHTSA reported for LT 
tires.\94\
---------------------------------------------------------------------------

    \93\ Docket No. NHTSA-2008-0121-0042.1 at 2.
    \94\ See Tire Fuel Efficiency NPRM, supra note 9, at 29553.
---------------------------------------------------------------------------

    Agency response: NHTSA agrees that educating consumers about the 
general qualities and trends of rolling resistance for tires excluded 
under the program, including LT tires, is worthwhile because consumers 
currently do not have any information about the relative fuel 
efficiency between different types of tires. While section 111 of EISA 
is limited to ``only * * * replacement tires covered under [NHTSA's 
UTQGS regulation],'' \95\ nothing in EISA appears to restrict NHTSA 
from educating the public about motor vehicles and motor vehicle 
equipment using information generated by the agency, as it already does 
for many different tire characteristics. As noted in the NPRM, the 
agency expects test data to be available for many LT tires, as these 
tires are covered by the Europe and California programs, in addition to 
some LT tires having been included in NHTSA's Phase 1 research for this 
rulemaking.\96\ NHTSA tested some LT tires in its Phase 1 research 
because that research was initiated in July 2006, subsequent to the 
release and based on the recommendations in the 2006 NAS Report, before 
the passage of EISA. Moreover, by educating consumers about what type 
of comparative fuel efficiency they can expect between replacement 
passenger car tires and original equipment (OE) tires or LT tires, the 
agency would not be mandating anything of tire manufacturers or tire 
retailers, but merely using information that has already been generated 
by NHTSA and other government regulatory bodies, and is available under 
the Freedom of Information Act.
---------------------------------------------------------------------------

    \95\ 49 U.S.C. 32304A(a)(3).
    \96\ See Tire Fuel Efficiency NPRM, supra note 9, at 29552-
29553.
---------------------------------------------------------------------------

    Passenger car tires used on trailers: The National Association of 
Trailer Manufacturers (NATM) commented it did not believe Congress 
intended to include replacement tires sold for use on trailers to be 
within the scope of the tire fuel efficiency consumer information 
program.\97\ NATM explained that some of its trailer manufacturer, 
trailer dealer, and trailer-parts distribution members sell ``P'' tires 
to consumers for replacement use on light-duty trailers, particularly 
small utility trailers. NATM believes that NHTSA's proposed definition 
of passenger car tire could be read to include those replacement ``P'' 
tires sold by NATM members for use on light-duty trailers. 
Specifically, NATM stated that the ``intended for use'' language in the 
passenger car tire definition could be interpreted to bring under the 
jurisdiction of this program ``P'' tires that may have been designed 
and manufactured primarily for use on passenger cars but that 
ultimately are sold for use on trailers. NATM suggests that NHTSA 
modify the definition of passenger car tire to read: ``Passenger car 
tire means a tire sold for use on passenger cars, multipurpose 
passenger vehicles, and trucks, that have a gross vehicle weight rating 
(GVWR) of 10,000 pounds or less.''
---------------------------------------------------------------------------

    \97\ Docket No. NHTSA-2008-0029.1.
---------------------------------------------------------------------------

    Agency response: NHTSA disagrees with NATM's suggested definition 
for passenger car tires. The statute provides that the tire fuel 
efficiency consumer information program is ``for replacement tires 
designed for use on motor vehicles.'' \98\ The statute's applicability 
section states that this section shall apply ``only to replacement 
tires covered under [49 CFR] section 575.104(c)'' as of December 19, 
2007, when the Ten-in-

[[Page 15909]]

Ten Fuel Economy Act \99\ became law.\100\ For this reason, NHTSA 
believes Congress intended the agency look to the UTQGS regulation for 
appropriate definitions of different types of tires. Section 575.104(c) 
provides that section 575.104, Uniform tire quality grading standards, 
apply ``to new pneumatic tires for use on passenger cars,'' subject to 
some exclusions, such as for winter-type snow tires, space-saver or 
temporary use spare tires, and tires with nominal rim diameters of 12 
inches or less.
---------------------------------------------------------------------------

    \98\ 49 U.S.C. 32304A(a)(1).
    \99\ The ``Ten-in-Ten Fuel Economy Act'' is the short title of 
EISA Title I, Energy Security Through Improved Vehicle Fuel Economy. 
Public Law 110-140, Sec.  101.
    \100\ 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------

    The definitions governing 49 CFR Part 575 are contained in 49 CFR 
575.2. This section states that all terms in 49 CFR Part 575 are as 
defined by the Safety Act or in the Federal Motor Vehicle Safety 
Standards, 49 CFR Part 571. Neither ``passenger car tires'' nor ``tires 
for passenger cars'' is defined in the Safety Act.\101\ Therefore, 
NHTSA looked to the FMVSSs for definitions. As of December 2007, NHTSA 
had regulations on passenger car tires.\102\ Those regulations define 
passenger car tire as follows: ``Passenger car tire means a tire 
intended for use on passenger cars, multipurpose passenger vehicles, 
and trucks, that have a gross vehicle weight rating of (GVWR) of 10,000 
pounds or less.'' \103\ In view of the applicability statement in EISA 
referring to the UTQGS regulations (Sec.  575.104), the UTQGS 
definitional reference to the Federal Motor Vehicle Safety Standards 
(Sec.  575.2), and the fact that passenger car tire is defined in a 
FMVSS, NHTSA interprets the consumer tire information program in EISA 
as applying to passenger car tires as defined in 49 CFR 571.139. For 
these reasons, NHTSA's definition of passenger car tires is taken from 
FMVSS No. 139. This FMVSS No. 139 definition of ``passenger car tires'' 
is consistent with past agency interpretations of the scope of the 
UTQGS regulations.\104\
---------------------------------------------------------------------------

    \101\ See 49 U.S.C. 30102.
    \102\ See FMVSS No. 139, New Pneumatic Radial Tires for Light 
Vehicles, 49 CFR 571.139.
    \103\ 49 CFR 571.139 S3.
    \104\ See April 24, 1980 Letter to Mr. Robert A. Eddy (McCreary 
Tire & Rubber Company) (explaining that tires ``which are 
manufactured solely for use on a traction test trailer would not 
fall within the application of the UTQG Standards''); October 27, 
1978 Letter to Mr. Ken Yoneyama (Bridgestone) (explaining that 
``UTQGS applies to a tire type whose predominant contemplated use is 
on passenger cars, even if the manufacturer knows the tire type is 
also used as original equipment on multi-purpose passenger 
vehicles'').
---------------------------------------------------------------------------

    However, based on EISA's applicability only to replacement 
passenger car tires (with some limited exclusions), NHTSA does agree 
with NATM that EISA did not contemplate that the tire fuel efficiency 
consumer information program would include information to educate 
consumers about tires they are purchasing for trailers.\105\ 
Accordingly, tire retailers that sell only replacement passenger car 
tires for use on trailers, and not for use on any other motor vehicles, 
would not be considered tire retailers for the purposes of today's 
final rule. See section III.B.2 below.
---------------------------------------------------------------------------

    \105\ See 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------

2. Replacement Tires
    In this final rule, NHTSA is retaining the proposed definition of 
replacement passenger car tire as ``any passenger car tire other than a 
passenger car tire sold as original equipment on a new vehicle.'' \106\ 
As explained in the NPRM, while most UTQGS requirements apply to all 
passenger car tires, whether sold as original equipment with a new 
automobile (OE tires) or as a replacement tire, some apply only to 
replacement tires. For example, the requirement for a paper label on 
the tire tread excludes tires ``sold as original equipment on a new 
vehicle.'' \107\ NHTSA is using this language as the basis of a 
definition of replacement tires for the purposes of the tire fuel 
efficiency consumer information program because EISA specifies that the 
tire fuel efficiency consumer information program ``shall only apply to 
replacement tires covered under [the UTQGS regulations].'' \108\ For 
this reason, NHTSA believes Congress intended the agency look to the 
UTQGS regulation for appropriate definitions of different types of 
tires.
---------------------------------------------------------------------------

    \106\ Tire Fuel Efficiency NPRM, supra note 9, at 29553, 29584.
    \107\ 49 CFR 575.104(d)(1)(i)(B).
    \108\ 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------

    The agency believes the definition of what a replacement tire is 
(as distinguished from an OE tire) needs to be in terms of the actual 
sale of the tire, not the intention when manufactured.\109\ NHTSA 
understands that some tires that are manufactured for the OE tire 
market could be sold as replacement tires, either because the vehicle 
manufacturer does not purchase all that are manufactured for that 
purpose, or because the vehicle manufacturer sells excess stock.
---------------------------------------------------------------------------

    \109\ NATM inappropriately cited this statement from the NPRM in 
its rationale for its request that NHTSA change the definition of 
passenger care tire addressed above in section III.A.1. The agency 
used this rationale as a way to ensure that a manufacturer could not 
state that it intended a passenger car tire to be original 
equipment, but then it just ended up being sold as a replacement car 
tire, allowing it to fall outside of the scope of ``replacement 
passenger car tire.'' The concern NATM attempted to analogize would 
be a manufacturer manufacturing a tire intending its use only on 
trailers, but then eventually the tire gets sold for use on a 
passenger car. NHTSA does not believe that this is a likely 
situation that outweighs the inefficiencies that would be created 
using the ``sold for use'' language in the passenger car tire 
definition described above.
---------------------------------------------------------------------------

    Original equipment tires: Michelin commented that it supported the 
application of this rulemaking to OE tires. Michelin stated that it is 
in the best interest of consumers to have the tire performance grading 
information available for OE tires and clearly displayed on a new 
vehicle because it will be meaningful for the consumer to have such 
tire performance information on the vehicle at the point of sale.\110\ 
Public Citizen et al. similarly stated that it supports molding \111\ 
the ratings on all tires, both OE and replacement tires.\112\
---------------------------------------------------------------------------

    \110\ Docket No. NHTSA-2008-0121-0048.1 at 13.
    \111\ Section 111 of EISA explicitly prohibits NHTSA from 
requiring the molding of anything for the purposes of tire fuel 
efficiency information onto tire sidewalls. 49 U.S.C. 32204A(d).
    \112\ Docket No. NHTSA-2008-0121-0043.1 at 4.
---------------------------------------------------------------------------

    Agency response: NHTSA proposed a definition of replacement 
passenger car tire to be ``any passenger car tire other than a 
passenger car tire sold as original equipment on a new vehicle.'' As 
indicated above, NHTSA interprets EISA's repeated use of the word 
``replacement tires''--including in the statute's applicability 
provision--to indicate that EISA does not give NHTSA authority to 
mandate a rating system for any tires other than replacement tires; 
that is, tires sold for use on a new vehicle (OE tires). Therefore, as 
NHTSA interprets the statute, the agency does not have the authority 
under EISA section 111 to require vehicle manufacturers to display tire 
performance information for OE tires. Likewise, EISA expressly forbids 
NHTSA from requiring any permanent labeling of this information on 
tires, so the Public Citizen et al. comment is not adopted.\113\
---------------------------------------------------------------------------

    \113\ 49 U.S.C. 32304A(d).
---------------------------------------------------------------------------

    However, if tire manufacturers submit rating information on OE 
tires to NHTSA, the agency will post that information on its tire Web 
site for consumers to look up by vehicle make and model, or by size 
designation. NHTSA notes that if OE tires are not rated, consumers will 
not be able to compare replacement tires with the tires that were 
originally on their vehicle. Therefore, the agency encourages tire 
manufacturers to voluntarily report OE tire rating information to NHTSA 
so that consumers are able to compare the performance of their OE tires 
with what they can expect from potential replacement tires.

[[Page 15910]]

    Original equipment tires sold as replacement tires: Tire Rack 
commented that it is an independent tire dealer selling OE and 
replacement tires and that it believes that the fuel efficiency rating 
of all OE tires under the scope of the program should be made public to 
provide consumers with a basis of comparison from which they can begin 
their search and selection.\114\
---------------------------------------------------------------------------

    \114\ Docket No. NHTSA-2008-0121-0026.1 at 2-3.
---------------------------------------------------------------------------

    Agency response: NHTSA notes that for purposes of the tire fuel 
efficiency consumer information program, ``OE'' passenger car tires 
sold to consumers at a tire retailer are considered replacement tires 
under the definition above because they are not being sold as original 
equipment on a new vehicle. These tires were sold from tire 
manufacturers to Tire Rack for resale. Hence, the manufacturers must 
provide all of this consumer information for those tires and consumers 
will be able to look up ratings for those tires on the agency's tire 
Web site. Although NHTSA is not requiring consumers be provided with 
the tire ratings mandated today when they purchase a new passenger car, 
retailers like Tire Rack could choose to tell consumers what fuel 
efficiency rating they are currently operating under by finding a 
replacement passenger car tire that is identical to the specifications 
of the original tires on their vehicle. Additionally, consumers could 
look up ratings for these tires on the tire Web site.
3. Tires Excluded
    NHTSA's UTQGS regulation excludes ``deep tread, winter-type snow 
tires, space-saver or temporary use spare tires, tires with a nominal 
rim diameter of 12 inches or less, [and] limited production tires.'' 
\115\ 49 CFR 575.104(c)(1). Since EISA specifies that the tire fuel 
efficiency requirements are to ``apply only to replacement tires 
covered under [NHTSA's UTQGS regulation],'' these exclusions were 
included in the NPRM and are included in the new regulations for the 
tire fuel efficiency consumer information program established in 
today's final rule.\116\
---------------------------------------------------------------------------

    \115\ For UTQGS, a limited production tire is defined as ``a 
tire meeting all of the following criteria, as applicable:
    (i) The annual domestic production or importation into the 
United States by the tire's manufacturer of tires of the same design 
and size as the tire does not exceed 15,000 tires;
    (ii) In the case of a tire marketed under a brand name, the 
annual domestic purchase or importation into the United States by a 
brand name owner of tires of the same design and size as the tire 
does not exceed 15,000 tires;
    (iii) The tire's size was not listed as a vehicle manufacturer's 
recommended tire size designation for a new motor vehicle produced 
in or imported into the United States in quantities greater than 
10,000 during the calendar year preceding the year of the tire's 
manufacture; and
    (iv) The total annual domestic production or importation into 
the United States by the tire's manufacturer, and in the case of a 
tire marketed under a brand name, the total annual domestic purchase 
or purchase for importation into the United States by the tire's 
brand name owner, of tires meeting the criteria of paragraphs 
(c)(2)(i), (ii), and (iii) of this section, does not exceed 35,000 
tires.'' 49 CFR 575.104(c)(2).
    \116\ 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------

    Public Citizen et al. commented that it supported requiring deep 
tread, winter-type snow tires, and space-saver or temporary use spare 
tires to be rated under the tire fuel efficiency consumer information 
program.\117\ Public Citizen et al. explained that deep tread tires are 
sometimes not intended for sustained highway use, and may create 
handling problems when used in normal driving, and that NHTSA has not 
addressed whether improper operation on these specialized tire types is 
more dangerous. Public Citizen et al. stated that consumers may be 
interested in performance characteristics of these specialized tire 
types.
---------------------------------------------------------------------------

    \117\ Docket No. NHTSA-2008-0121-0043.1 at 11.
---------------------------------------------------------------------------

    Agency response: As indicated above, because the applicability 
provision of EISA section 111 specifically limits this program to 
replacement tires covered under NHTSA's UTQGS regulation, and the UTQGS 
regulations specifically exclude requiring deep tread, winter-type snow 
tires, and space-saver or temporary use spare tires,\118\ as NHTSA 
interprets EISA and its UTQGS regulation, NHTSA does not have the 
authority under EISA to require vehicle manufacturers to display tire 
performance information for these specialty tires. To the extent the 
agency has the information, NHTSA will include information on deep 
tread, winter-type snow tires, and space-saver or temporary use spare 
tires on the tire Web site.
---------------------------------------------------------------------------

    \118\ 49 CFR 575.104(c)(1).
---------------------------------------------------------------------------

    Regarding the use of tires not intended for sustained highway use 
in normal driving, NHTSA has historically recognized that improper 
operation of any tire can be dangerous. For instance, the recent 
``What's your PSI'' campaign and the brochure Tire Safety: Everything's 
Riding on It, available on http://www.safercar.gov stress the 
importance of proper tire selection and maintenance.
4. Voluntary Rating of Tires Not Subject to the Program
    As noted above in section III.A.1 and III.A.2, EISA excludes LT 
tires and OE tires from the tire fuel efficiency consumer information 
program.\119\ Some commenters noted concerns with the exclusion of OE 
tires and LT tires from the EISA mandated tire fuel efficiency consumer 
information program.\120\ For instance, Tire Rack commented that 
``[w]hile not required by the rulemaking, it is hoped there would be a 
future opportunity for tire manufacturers producing LT-sized tires to 
voluntarily provide rolling resistance information.'' \121\
---------------------------------------------------------------------------

    \119\ 49 U.S.C. 32304A(a)(3).
    \120\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
2-3; ICCT Comments, Docket No. NHTSA-2008-0121-0042.1 at 2; Public 
Citizen et al. Comments, Docket No. NHTSA-2008-0121-0043.1 at 4.
    \121\ Docket No. NHTSA-2008-0121-0026.1 at 2-3.
---------------------------------------------------------------------------

    Agency response: NHTSA's research included testing of LT tires even 
though we are not authorized to regulate them through this tire fuel 
efficiency consumer information program because NHTSA's Phase 1 
research was initiated in July 2006, subsequent to the release of the 
2006 NAS Report and prior to the passage of EISA.\122\ LT tires 
represented approximately 16.7 percent of the U.S. replacement tire 
market in 2007.\123\ NHTSA notes that it expects test data to be 
available for many LT tires, as these tires are covered by the Europe 
and California programs. Nothing in this regulation would prohibit 
manufacturers from voluntarily rating or reporting data for LT or other 
excluded tires, as required for covered tires. The same would be true 
for other tires excluded from the tire fuel efficiency consumer 
information program including original equipment tires, or any other 
excluded tires. That is, while these tires are not required to be rated 
under today's final rule, NHTSA has no objection to voluntary rating by 
manufacturers or importers, and would include any tires voluntarily 
reported in its database.
---------------------------------------------------------------------------

    \122\ Specifically, of the 25 different models of tires tested 
in NHTSA's Phase 1 research, 16 tire models were passenger, 9 were 
light truck tire models; one of the passenger car tires was the ASTM 
F 2493-06 P225/60R16 97S Standard Reference Test Tire (SRTT).
    \123\ Rubber Manufacturers Association, Preliminary 2008 
Factbook, see https://www.rma.org/publications/market_information/index.cfm?CFID=23483353&CFTOKEN=70640000 (last accessed Sept. 26, 
2009).
---------------------------------------------------------------------------

5. Each Different Stock Keeping Unit Must Be Rated
    As the agency proposed in the NPRM, this final rule is requiring 
each different stock keeping unit (SKU), or each size within each model 
within each brand, to be rated separately for fuel efficiency (using a 
rolling resistance value), safety (using a wet traction test value), 
and durability (using a treadwear test value).

[[Page 15911]]

As explained in the NPRM, tire manufacturers may have different brands, 
and within each brand different tire models (or tire lines),\124\ and 
tire models are often available in different sizes. For example, 
Michelin is the manufacturer for the Michelin, BFGoodrich and Uniroyal 
brands. A popular Michelin brand model is the Pilot, but other models 
include the Energy or the HydroEdge. Each of these brands is available 
in different tire sizes, for example a 185/65R14 or a 215/70R15. See 
Figure 2.\125\ The model of tire (Pilot) then may be available in 
several performance levels. Figure 2 illustrates there are three 
different speed ratings for the Pilot model. Performance ratings may 
also include All-Season, Competition, Touring, Grand Touring, etc. Each 
of these tires may also have different treadwear, traction, temperature 
and warranty ratings. These models are then available in different tire 
sizes, for example an Exalto A/S is available in sizes 185/60R14 to 
235/40R17. Similarly, a Pilot Sport A/S Plus is available in sizes 205/
55R16 to 245/45R20, and the Pilot Sport PS2 is available in sizes 225/
55R16 to 295/25R22.
---------------------------------------------------------------------------

    \124\ For purposes of the tire fuel efficiency consumer 
information program, the phrase ``tire line'' and ``tire model'' can 
be used interchangeably. The agency will generally use the word 
``model'' to refer to a particular line of tires.
    \125\ Although this figure was in the NPRM, this discussion is 
repeated here because the agency believes a proper understanding of 
the replacement tire market is key to the understanding of certain 
requirements of the tire fuel efficiency consumer information 
program.
[GRAPHIC] [TIFF OMITTED] TR30MR10.020

    The NPRM also explained that in passenger car tire sizes (e.g., 
185/65R14), the first three numbers indicate the nominal width of the 
tire, i.e., the width in millimeters from sidewall edge to sidewall 
edge (185). In general, the larger the nominal width, the wider the 
tire. The second two numbers in the size designation indicate the ratio 
of tire height to tire width, or the aspect ratio (65). For aspect 
ratio, numbers of 70 or lower indicate a short sidewall for improved 
steering response and better overall handling on dry pavement. The 
``R'' indicates that this particular tire is a radial tire, as opposed 
to bias ply construction, which is indicated by a ``D'' in the size 
specification, or bias-belted construction, which is indicated by a 
``B'' in the size specification. Radial ply construction of tires has 
been the industry standard for the past 20 years. The last two numbers 
in the size designation indicate the rim diameter code (14), or the 
wheel or rim diameter in inches. A change in any of these three numbers 
indicates a different size specification for a replacement tire.
    Rolling resistance varies among tires of the same size. In NHTSA's 
testing, tires of a size 225/60R16, but manufactured by different 
companies, and having various performance ratings (e.g., speed rating, 
all-season specification) had rolling resistance values ranging from 
9.8 to 15.2 pounds.\126\ Rolling resistance can also vary widely across 
different sized tires in a brand. In data reported by the California 
Energy Commission (CEC), passenger car tires of the same brand and 
model with different sizes ranged in rolling resistance from 7.5 to 
22.8 pounds.\127\ For these reasons, NHTSA is requiring each SKU, or 
each size within each model of each brand, to be rated separately for 
fuel efficiency (using a rolling resistance test value), safety (using 
a wet traction test value), and durability (using a UTQGS treadwear 
test value). Consumers researching tires should be able to compare tire 
models and sizes with some reliability.
---------------------------------------------------------------------------

    \126\ See NHTSA Rolling Resistance Rating System Test 
Development Project: Phase 1--Evaluation of Laboratory Test 
Protocols (October 2008). Docket No. NHTSA-2008-0121-0019.
    \127\ To examine California's rolling resistance test data, 
please contact Ray Tuvell of the California Energy Commission. See 
http://www.energy.ca.gov/transportation/tire_efficiency/index.html 
(last accessed Feb. 13, 2009).
---------------------------------------------------------------------------

    Research done for the CEC to evaluate test facility capacity to 
conduct rolling resistance testing indicated that there are well over 
20,000 different brand/

[[Page 15912]]

model/size combinations (or SKUs) \128\ of replacement passenger car 
tires sold in the United States.\129\ The CEC research also indicated 
that it could take up to 2.7 years to test one tire of each SKU 
once.\130\ Additionally, a tire manufacturer has the ability to 
estimate with relative accuracy the rolling resistance test value of a 
tire with a given size specification if it knows the rolling resistance 
test value of a tire in the same model line (i.e., the ability to 
estimate values by interpolating or extrapolating test values for 
certain SKUs from knowing the actual test values of other SKUs). Tire 
manufacturers have this same ability to estimate UTQGS traction test 
values and UTQGS treadwear test values by having actual traction and 
treadwear test values of other, similar tires of different SKUs. For 
these reasons, NHTSA concludes, as the agency did in the NPRM, that it 
is not reasonable or necessary to require a physically-tested value of 
rolling resistance, traction, or treadwear test value for every 
combination of tire model, construction, and size (SKU). NHTSA is not 
requiring tire manufacturers to report a test procedure value for 
rolling resistance, traction, and treadwear for each different SKU, as 
proposed in the NPRM. NHTSA explained that a tire manufacturer would be 
free to reasonably estimate the test values it would report, and the 
agency sought comment on this approach.
---------------------------------------------------------------------------

    \128\ A SKU, or stock keeping unit, is a specific market brand 
and tire design and size combination. A different SKU can also be 
indicated by a different specified load rating or speed rating for a 
particular tire. Specifically, NHTSA will define stock keeping unit 
as ``the alpha-numeric designation assigned by a manufacturer to 
uniquely identify a tire product. This term is sometimes referred to 
as a product code, a product ID, or a part number.'' See the 
Regulatory Text section at the end of this notice.
    \129\ The CEC research estimated 20,708 different replacement 
passenger car tire SKUs and 3,296 replacement LT tire SKUs. This 
research was done by Smithers Scientific Services, Inc. (Smithers) 
and was presented at a CEC staff workshop on February 5, 2009. This 
presentation is available through the CEC's Web site and was also 
posted to the NPRM docket. See http://www.energy.ca.gov/transportation/tire_efficiency/documents/index.html (last accessed 
Sept. 28, 2009); Docket No. NHTSA-2008-0121-0007.
    \130\ The Smithers' research conducted for CEC was estimating 
various scenarios for testing three of each different replacement 
passenger and LT tire SKU (because California's tire fuel efficiency 
program covers passenger car and LT replacement tires). The eight 
different scenarios varied workdays per year, percent capacity 
available, and hours per day of test operation. Based on estimates 
of test capacities, the CEC research estimated average test years 
required to test three tires of each SKU to be between 0.7 and 8.2 
years. Thus, for the purposes of testing one of each different 
replacement passenger car tire SKU, we estimate this would take a 
maximum of 8\2/3\ years, or 2.7 years.
---------------------------------------------------------------------------

    Interpolation versus required testing: RMA commented that it 
supports the ability for tire manufacturers to provide predicted 
(interpolated) tire ratings.\131\ RMA stated that tire manufacturers 
routinely develop and utilize accurate computer models to predict tire 
performance of tires not physically tested, using proprietary 
information about tire chemistry, design, construction, and test data 
available for similar tires. RMA commented that permitting 
interpolation-based ratings would allow a tire manufacturer to 
efficiently rate affected tires while minimizing costs. RMA recommended 
that NHTSA modify the regulatory text to make clear that interpolation 
is acceptable as a basis for tire ratings.
---------------------------------------------------------------------------

    \131\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 12.
---------------------------------------------------------------------------

    NRDC, Ford, and Alan Meier each expressed concern with NHTSA's 
proposal to allow manufacturers to report a tire's ratings without 
running a test. NRDC commented that requiring tire manufacturers to 
submit actual test values would ensure that reported data is accurate 
and not requiring actual testing threatens to undermine the rating 
system credibility and the program's effectiveness.\132\ Further, NRDC 
stated that not specifying a limit on the number of SKUs that can be 
reported with estimated, non-tested values would overburden NHTSA's 
compliance testing obligation, which they call NHTSA's only accurate 
validation mechanism. Ford stated that it did not support interpolating 
test values from one tire to another because of potential significant 
differences in tire construction from one tire to another, even within 
a tire line.\133\ Alan Meier of the University of California, Davis 
argued that requiring a direct measurement of each tire is a vital 
element of the program because a measurement for each tire model is 
essential for the credibility of any information system.\134\ Mr. Meier 
also stated that only if NHTSA could substantiate and verify the idea 
that test values can be accurately interpolated should a simulation 
model be allowed. Similarly, Consumers Union commented that NHTSA 
should require a standard statistical process and corresponding sample 
size for verifying that the assigned test value is determined with 
sufficient significance that no production tire will exceed the maximum 
test value assigned.\135\
---------------------------------------------------------------------------

    \132\ NRDC Comments, Docket No. NHTSA-2008-0121-0040.1 at 2, 4.
    \133\ Ford Comments, Docket No. NHTSA-2008-0121-0038.1 at 3.
    \134\ Alan Meier Comments, Docket No. NHTSA-2008-0121-0037.1 at 
1-2.
    \135\ Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 
at 2.
---------------------------------------------------------------------------

    Agency response: As an initial point, as discussed in section 
VII.B.2 below, NHTSA is not requiring tire manufacturers to report test 
values to the agency, but merely the actual ratings it is assigning to 
each tire SKU. The agency will continue to not require any amount of 
actual testing in the regulations for this rating program. First, EISA 
does not require particular tests. Second, as noted above, a tire 
manufacturer has the ability to estimate with relative accuracy the 
test values of a tire with a given size specification if it knows the 
test value of a tire in the same model line. NHTSA agrees with RMA's 
understanding of the industry that tire manufacturers routinely develop 
and utilize accurate computer models to predict tire performance of 
tires not physically tested, using information available for similar 
tires. Additionally, the CEC research discussed above indicates that 
requiring testing of all tire SKUs would cause a significant delay in 
the implementation of this program and would increase the cost burden 
of this regulatory program on tire manufacturers unnecessarily.
    Finally, not specifically requiring testing is consistent with the 
enforcement mechanism known as ``self certification,'' which was 
established by statute for Federal motor vehicle safety standards,\136\ 
and is the process NHTSA follows to ensure compliance with its other 
programs and regulations as well. Under self certification, the burden 
for ensuring that all new vehicles and equipment (e.g., tires) comply 
with Federal regulations is borne by the manufacturer. NHTSA does not 
perform any pre-sale testing, approval, or certification of vehicles or 
equipment, whether of foreign or domestic manufacture, before 
introduction into the U.S. retail market. To ensure compliance with 
agency regulations, NHTSA randomly tests certified vehicles or 
equipment (in accordance with the test procedures laid out in the 
regulations) to determine whether the vehicles or equipment fails to 
comply with applicable standards. For such enforcement checks, NHTSA 
purchases vehicles and equipment and tests according to the procedures 
specified in the standards. If the vehicle or equipment passes the 
test, no further action is taken. If the vehicle or equipment fails, 
NHTSA has the authority to request additional information from the 
manufacturer on the basis for certification and to assess

[[Page 15913]]

civil penalties for any confirmed violation.\137\
---------------------------------------------------------------------------

    \136\ 49 U.S.C. 30115.
    \137\ See, e.g., 49 U.S.C. 30165, 30166 (safety standards); 49 
U.S.C. 32308, 32309 (consumer information); 49 U.S.C. 32507 (bumper 
standards); 49 U.S.C. 32706, 32709 (odometer fraud).
---------------------------------------------------------------------------

    Neither EISA (nor other statutes NHTSA administers) nor NHTSA 
standards and regulations require that a manufacturer base its 
certifications (or ratings) on any particular tests, any number of 
specified tests or, for that matter, any tests at all. A manufacturer 
is required to exercise due care in certifying its tires. It is the 
responsibility of the tire manufacturer to determine initially what 
test results, computer simulations, engineering analyses, or other 
information it needs to enable it to certify that its tires comply with 
applicable Federal safety standards. The enforcement of the UTQGS 
rating system follows the same concept, and the rating system 
established under the tire fuel efficiency consumer information program 
will do the same.
    For instance, the UTQGS do not require that manufacturers test 
their tires at NHTSA's test track at San Angelo, Texas. Manufacturers 
may test their tires where they choose, and may even choose not to test 
their products at all. However, the specification in the UTQGS 
regulations that testing is done at San Angelo means that NHTSA must 
use that track in any compliance testing of tires. In order to protect 
themselves against the possibility that the agency will find a 
noncompliance based on testing at San Angelo and initiate an 
enforcement action, it would be prudent for tire manufacturers to base 
their assigned grades on their own testing at San Angelo or on some 
substitute means whose results demonstrably correlate with the results 
of testing at San Angelo.
    Mr. Meier commented that there is considerable evidence that 
identical models and SKUs manufactured in different facilities (or at 
different times) will have significantly different rolling resistances. 
For this reason, Mr. Meier stated a clear and unambiguous audit trail 
is needed to link a manufacturer's claimed values to tires that 
actually exist. This is not necessary. Since NHTSA conducts annual 
compliance testing and could buy and test a tire at any time to compare 
to the ratings a manufacturer has reported to the agency, tire 
manufacturers are responsible for monitoring the consistency and 
accuracy of its ratings throughout the production run. It is in the 
best interest of manufacturers, thus, to establish a comprehensive 
quality control program to periodically test tires randomly selected to 
ensure the accuracy of the rating through the entire production cycle.
    Therefore, consistent with self certification and in the spirit of 
other NHTSA standards, tire manufacturers may use their judgment to 
determine how many and which tires they must test to be able to 
accurately report rolling resistance ratings. Because this is the 
agency's general practice, NHTSA does not think it is necessary to make 
this clear in the regulatory text, as suggested by RMA. A tire 
manufacturer will be responsible for the accuracy of the ratings they 
report to NHTSA and otherwise communicate to consumers. That is, for 
compliance purposes, NHTSA will test any rated tire according to the 
test procedures specified in the regulation (regardless of whether or 
not the tire manufacturer has tested this tire), and if the rolling 
resistance, traction, or treadwear test value falls outside of NHTSA's 
specified tolerance range, the agency will consider that rating a 
noncompliance.
    Manufacturers currently rate treadwear by tire line: RMA commented 
that since many manufacturers currently rate tires for UTQGS treadwear 
by tire line, it is difficult to assess how tires would be rated for 
UTQGS treadwear under the proposed SKU-based rating system.\138\
---------------------------------------------------------------------------

    \138\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 11.
---------------------------------------------------------------------------

    Agency response: Tire manufacturers will be able to use their 
judgment to determine how many and which tires they must test to enable 
them to accurately assign ratings. The manufacturer ultimately bears 
the responsibility for establishing ratings considering the variability 
of its tire line and the variability of the testing process for that 
category.

    Notice: Lastly, RMA commented that it was unable to understand 
the tire selection for rating protocol due to an inconsistency 
between the preamble and the proposed regulatory text. RMA claimed 
it was unclear as to whether NHTSA is proposing that each SKU be 
rated, or whether each tire of a different size is to be rated. RMA 
stated that this inconsistency obstructed its ability to comment on 
which tires are to be rated for rolling resistance, and that this--
along with other alleged concerns--caused RMA to be uncertain about 
what was being proposed or NHTSA's intent. Therefore RMA stated that 
it was unable to meaningfully comment on the NPRM and requested that 
NHTSA issue a supplemental NPRM.

    Agency response: As noted by RMA in its comments, the 
Administrative Procedure Act (APA) rulemaking provisions require that 
general notice of a proposed rule must be published in the Federal 
Register and must include ``either the terms or substance of the 
proposed rule or a description of the subjects and issues involved.'' 
\139\ NHTSA satisfied this APA requirement in the NPRM.
---------------------------------------------------------------------------

    \139\ 5 U.S.C. 553(b)(3).
---------------------------------------------------------------------------

    The U.S. Court of Appeals for the District of Columbia Circuit has 
explained that the APA's notice requirements ``are designed (1) to 
ensure that agency regulations are tested via exposure to diverse 
public comment, (2) to ensure fairness to affected parties, and (3) to 
give affected parties an opportunity to develop evidence in the record 
to support their objections to the rule and thereby enhance the quality 
of judicial review.'' \140\ Thus, adequate notice and opportunity for 
comment exists ``if it affords interested parties a reasonable 
opportunity to participate in the rulemaking process, and if the 
parties have not been deprived of the opportunity to present relevant 
information by lack of notice that the issue was there.'' \141\ An 
agency NPRM ``must provide sufficient detail and rationale for the rule 
to permit interested parties to comment meaningfully.'' \142\
---------------------------------------------------------------------------

    \140\ Environmental Integrity Project v. EPA, 425 F.3d 992, 996 
(DC Cir. 2005) (quoting Int'l Union, United Mine Workers of Am. v. 
Mine Safety & Health Admin., 407 F.3d 1250, 1259 (DC Cir. 2005)).
    \141\ American Radio Relay League v. Federal Communications 
Commission, 524 F.3d 227, 236 (DC Cir. 2008) (citing WJG Tel. Co., 
Inc. v. Federal Communications Commission, 675 F.2d 386, 389 (DC 
Cir. 1982)).
    \142\ Fertilizer Institute v. EPA, 935 F.2d 1303, 1311 (DC Cir. 
1991) (quoting Florida Power & Light Co. v. United States, 846 F.2d 
765, 771 (DC Cir. 1988)).
---------------------------------------------------------------------------

    RMA commented that the inconsistencies between the preamble and the 
proposed regulatory text deny RMA and other interested parties a 
meaningful opportunity to comment because it was difficult to 
understand exactly what was being proposed. NHTSA's notice of proposed 
rulemaking consisted of a lengthy preamble discussion and proposed 
regulatory text. Courts have found sufficient APA notice where the NPRM 
was not entirely clear on what was being proposed, but where the NPRM 
at least discussed an issue such that interested parties had reason to 
comment on it.\143\ This is the case here. RMA was on notice of the 
subject and issues involved. It knew the possible outcomes under 
discussions in the preamble to the NPRM and under the proposed 
regulation. It also knew

[[Page 15914]]

that a logical outgrowth of either was possible.
---------------------------------------------------------------------------

    \143\ See Nat'l Small Shipments Traffic Conference, Inc. v. 
Civil Aeronautics Board, 618 F.2d 819, 833 (DC Cir. 1980) (finding 
sufficient notice where a NPRM was not ``a paragon of clarity'' but 
the preamble implied the prohibition that was ultimately adopted in 
the final rule).
---------------------------------------------------------------------------

    RMA commented that contradictions between the preamble and 
regulatory text means that the final rule runs a risk of not being a 
``logical outgrowth'' of the proposed rule. ``A rule is deemed a 
logical outgrowth if interested parties `should have anticipated' that 
the change was possible, and thus reasonably should have filed their 
comments on the subject during the notice-and-comment period.'' \144\ 
NHTSA disagrees with RMA that NHTSA's requirement that each SKU must be 
rated separately is not a ``logical outgrowth'' of the NPRM merely 
because the proposed regulatory text stated something different, i.e., 
that ``every size designation must be rated separately.'' \145\ The 
preamble discussed at length why NHTSA was considering it important to 
require each tire SKU to be rated separately.\146\ Further, as 
indicated above, many commenters had something to say about this aspect 
of the NPRM, which serves as evidence that the rest of the interested 
public was sufficiently aware of the possibility that the agency may 
adopt such a requirement. In fact, RMA commented on this aspect of the 
proposal, even though it asserted it was confused about what NHTSA was 
actually proposing.\147\
---------------------------------------------------------------------------

    \144\ Miami-Dade County v. EPA, 529 F.3d 1049, 1059 (11th Cir. 
2008) (quoting Northeast Md. Waste Disposal Auth. v. EPA, 358 F.3d 
936, 952 (DC Cir. 2004)) (quotation and citation omitted); see also 
First Am. Discount Corp. v. Commodity Futures Trading Comm'n, 222 
F.3d 1008, 1015 (DC Cir. 2000) (explaining that notice must be 
``sufficient to advise interested parties that comments directed to 
the controverted aspect of the Final Rule should have been made.'') 
(quotation and citation omitted).
    \145\ Tire Fuel Efficiency NPRM, supra note 9, at 29585.
    \146\ Id. at 29553-29554.
    \147\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 11 
(commenting that since many manufacturers currently rate tires for 
UTQGS treadwear by tire line, it is difficult to assess how tires 
would be rated for UTQGS treadwear under the proposed SKU-based 
rating system).
---------------------------------------------------------------------------

    Elsewhere, RMA commented that it was unable to meaningfully comment 
on all aspects of the proposed rule because the proposed regulations 
were inconsistent with the rulemaking's preamble and are, thus, not a 
logical outgrowth of the preamble. With this argument RMA misapplies 
the ``logical outgrowth'' principle. As noted above, courts have 
established the principle that to satisfy the notice requirement under 
the APA, a final rule must be a ``logical outgrowth'' of the agency 
proposal. The proposal is not limited to a particular part of the NPRM. 
As a general matter, where RMA professes confusion as to whether, for 
example, option A or option B was proposed in the NPRM, NHTSA has fully 
satisfied the APA notice requirements because even if the NPRM was 
ambiguous, both options were presented for comment, thus sufficiently 
apprising the public of the possibility that the agency was considering 
each option.\148\
---------------------------------------------------------------------------

    \148\ In addition to the SKU/size designation confusion, RMA 
alleged other inconsistencies between the NPRM preamble and the 
proposed regulatory text including the following: inconsistent 
figures regarding fuel savings; NPRM is unclear about what 
compliance approach is proposed in the NPRM versus where comments 
are sought on potential alternative approaches; confusion as to 
whether NHTSA intends to allow tire manufacturers to estimate values 
or whether NHTSA intends to require the testing of all tires; using 
the term fuel efficiency rating and RRF rating interchangeably; and 
inconsistent and inadequate use of terms (i.e., citing typos). RMA 
Comments Appendix 3, Docket No. NHTSA-2008-0121-0036.4 at 46-50. 
This response is intended to respond to all of those allegations of 
being unable to meaningfully comment on the proposal.
---------------------------------------------------------------------------

B. Entities Subject to Requirements of the Program

1. Tire Manufacturers
    Ford commented that tire importers and private label manufacturers 
were not considered tire manufacturers under the proposed requirements 
in the NPRM but that they should be held to the same requirements.\149\
---------------------------------------------------------------------------

    \149\ Ford Comments, Docket No. NHTSA-2008-0121-0038.1 at 2.
---------------------------------------------------------------------------

    Agency response: As noted in the NPRM, which entities are 
considered tire manufacturers for purposes of the tire fuel efficiency 
consumer information program is determined by statute. EISA codified 
section 111 by adding section 32304A to Chapter 323 (Consumer 
Information) of Part C (Information, Standards, and Requirements) of 
Subtitle VI (Motor Vehicle and Driver Programs) of Title 49 of the 
United States Code (U.S.C.). Section 32101 of Title 49 of the U.S.C. 
contains the definitions that are to apply to the Part C noted above. 
Section 32101(5) defines manufacturer as ``a person (A) manufacturing 
or assembling passenger motor vehicles or passenger motor vehicle 
equipment; or (B) importing motor vehicles or motor vehicle equipment 
for resale.'' Thus, for all sections under Part C, including section 
32304A, the importer of any tire is a tire manufacturer. An importer is 
responsible for every tire it imports and is subject to civil penalties 
in the event of any violations. The U.S. Customs and Border Protection 
may deny entry at the port to items that do not conform to applicable 
requirements.
    As to private label manufacturers, NHTSA assumes that Ford is 
referring to when tire manufacturers produce tires under contract with 
private companies such as Sears, Pep Boys, Discount Tire, etc. These 
private entities then sell those tires under its house-brand trade 
names, e.g., Sears brand tires, Pep Boys brand tires, etc. NHTSA 
intended this regulation to treat a tire brand name owner as a 
manufacturer in the case of tires marketed under a brand name different 
from the manufacturer name. This is clear in the regulation which 
requires tire manufacturers and tire brand name owners to rate all 
replacement passenger car tires for fuel efficiency (i.e., rolling 
resistance), safety (i.e., wet traction), and durability (i.e., 
treadwear), and submit those ratings to NHTSA. In the final regulatory 
text, NHTSA has added a definition of brand name owner for clarity.
2. Tire Retailers
    When confronted with the need to replace the tires on their 
vehicles, consumers may choose from national Internet and mail order 
companies, tire dealers, manufacturer outlets, or retail department 
stores. Typically, the tires bought in the replacement market are 
balanced and mounted by the tire dealer or retailer.\150\ NHTSA 
proposed a definition of tire retailer to be ``a person or business 
with whom a replacement passenger car tire manufacturer or brand name 
owner has a contractual, proprietary, or other legal relationship, or a 
person or business who has such a relationship with a distributor of 
the replacement passenger car tire manufacturer or brand name owner 
concerning the tire in question.'' \151\ The agency used this language 
because this is how Part 575 of Title 49 of the Code of Federal 
Regulations (CFR) refers to the locations where tires are offered for 
sale.\152\
---------------------------------------------------------------------------

    \150\ 2006 NAS Report, supra note 4, at 21.
    \151\ Tire Fuel Efficiency NPRM, supra note 9, at 29585.
    \152\ See 49 CFR 575.6(c).
---------------------------------------------------------------------------

    The National Automobile Dealers Association (NADA) commented that 
this proposed definition is inconsistent with references to tire 
retailer requirements in 49 CFR Part 574, Tire Identification and 
Recordkeeping, and suggested that NHTSA reconcile the terms and 
definitions used to address tire dealers in Part 574 and the new 
regulatory text.
    Agency response: Although the agency believes that the proposed 
definition of tire retailer would encompass franchised automobile and 
truck dealers that sell tires, NHTSA agrees with NADA's suggestion. 
Part 574 requires tire retailers to distribute and report information, 
just as this regulation will. Accordingly, NHTSA

[[Page 15915]]

believes that the definition of ``tire retailer'' in the new 
regulations promulgated today should be consistent with that of Part 
574. Thus, consistent with Part 574, this final rule defines tire 
retailer to mean a dealer or distributor of new tires and adds the 
following definitions of dealer and distributor:
    Dealer means a person selling and distributing new motor vehicles 
or motor vehicle equipment primarily to purchasers that in good faith 
purchase the vehicles or equipment other than for resale.
    Distributor means a person primarily selling and distributing motor 
vehicles or motor vehicle equipment for resale.
    As mentioned above, NATM commented they did not believe Congress 
intended to include replacement tires sold for use on trailers to be 
within the scope of the tire fuel efficiency consumer information 
program.\153\ NATM explained that some of its trailer manufacturer, 
trailer dealer, and trailer-parts distribution members sell ``P'' tires 
to consumers for replacement use on light-duty trailers, particularly 
small utility trailers. NATM believes that NHTSA's proposed definition 
of passenger car tire could be read to include those replacement ``P'' 
tires sold by NATM members for use on light-duty trailers. NATM stated 
that the proposed tire retailer definition may be read to encompass 
trailer retailers who offer a tire for sale and have a legal 
relationship with businesses defined in the rule as replacement car 
tire manufacturers, but that EISA does not contemplate subjecting these 
trailer retailers to the rule's requirements.
---------------------------------------------------------------------------

    \153\ Docket No. NHTSA-2008-0029.1.
---------------------------------------------------------------------------

    Agency response: As explained above, NHTSA concludes that all 
passenger car tires, even those sold for use on other vehicles, must 
have the information provided by the tire manufacturer. However, we 
agree that dealers that sell passenger car tires only for use on 
trailers should not be considered tire retailers for this program, 
since EISA did not mandate a tire fuel efficiency consumer information 
program to educate consumers about replacement tires for trailers. 
Accordingly, NHTSA is modifying the definition of tire retailer as 
suggested by NATM to be in terms of the purpose of the sale of the 
tire. Today's final rule defines tire retailer to mean ``a dealer or 
distributor of new replacement passenger car tires sold for use on 
passenger cars, multipurpose passenger vehicles, and trucks, that have 
a gross vehicle weight rating (GVWR) of 10,000 pounds or less.'' A 
retailer that sells tires only for use on trailers would not be within 
this definition.

C. EISA Does Not Give NHTSA Authority To Establish a Rolling Resistance 
Performance Standard for Replacement Passenger Car Tires

    A few commenters urged NHTSA to consider establishing a maximum 
rolling resistance standard that would prohibit sale of the worst 
rolling resistance tires.\154\ The European Union has adopted a maximum 
rolling resistance standard and California's fuel efficient tire 
program requires that the CEC consider whether to adopt standards for 
replacement tires to ensure that replacement tires are at least as 
energy efficient as original equipment tires.\155\ As estimated by 
ExxonMobil, the reduction in the average rolling resistance of 
replacement tires that would result from such a maximum rolling 
resistance standard would increase on-road fuel economy obtained in 
motor vehicles and, thus, result in fuel savings (and GHG 
reductions).\156\
---------------------------------------------------------------------------

    \154\ Public Citizen et al. Comments, Docket No. NHTSA-2008-
0121-0043.1 at 11; ExxonMobil Chemical Company Comments, Docket No. 
NHTSA-2008-0121-0044.1 at 10; Michelin North America Comments, 
Docket No. NHTSA-2008-0121-0043.1 at 6.
    \155\ Cal. Pub. Res. Code Sec.  25772.
    \156\ Docket No. NHTSA-2008-0121-0044.1 at 10.
---------------------------------------------------------------------------

    Agency response: Such a standard is not within the scope of the new 
authority granted to NHTSA under EISA. EISA mandates NHTSA must 
``promulgate rules establishing a national tire fuel efficiency 
consumer information program for replacement tires * * * to educate 
consumers about the effect of tires on automobile fuel efficiency, 
safety, and durability.'' \157\ NHTSA cannot interpret the mandate to 
establish a consumer information program as providing it with the 
authority to regulate the fuel efficiency of replacement tires.
---------------------------------------------------------------------------

    \157\ 49 U.S.C. 32304A(a)(1). EISA states what that rulemaking 
must include: (1) A tire fuel efficiency rating system for 
replacement tires; (2) requirements for providing information to 
consumers; (3) specifications for test methods for manufacturers to 
use in assessing and rating tires; and (4) a tire maintenance 
consumer education program. Id. at 32304A(a)(2).
---------------------------------------------------------------------------

IV. Rolling Resistance Test Procedure

A. Test Procedure

    As in the NPRM, today's final rule specifies that tire 
manufacturers must rate the fuel efficiency of their tires. To test for 
compliance with this requirement, NHTSA will use rolling resistance 
force measurements that would be achieved using the recently finalized 
test procedure ISO 28580:2009(E), Passenger car, truck and bus tyres--
Methods of measuring rolling resistance--Single point test and 
correlation of measurement results.\158\ Today's final regulations 
further specify that NHTSA will conduct the ISO 28580 test procedure 
using certain methodology and equipment options available in the test 
procedure as further discussed below.
---------------------------------------------------------------------------

    \158\ See http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=44770 (last accessed Sept. 24, 2009).
---------------------------------------------------------------------------

    As explained above, rolling resistance is simply the manifestation 
of all of the energy losses associated with the rolling of a tire under 
load.\159\ Accordingly, in a laboratory, rolling resistance is measured 
by running a tire under load on a test wheel (referred to as 
``roadwheel''). At constant speed, the energy consumed by the rolling 
tire is directly proportional to the reaction forces in the form of 
torque on the roadwheel, or force on the axle. These forces are then 
used to calculate the forces at the tire-roadwheel interface. The less 
force, the less energy converted to heat and, thus, the more fuel 
efficient the tire.
---------------------------------------------------------------------------

    \159\ National Highway Traffic Safety Administration, The 
Pneumatic Tire, DOT HS 810 561, at 483 (February 2006).
---------------------------------------------------------------------------

    As discussed in the NPRM, NHTSA examined five test methods to 
measure rolling resistance of light vehicle tires (Phase 1 
Research).\160\ The choice of which test procedure to specify for 
measuring rolling resistance is important because measuring rolling 
resistance requires precise instrumentation, calibration, speed control 
and equipment alignment for repeatable results. As explained in detail 
in the NPRM, agency research shows that all of the available test 
procedures could meet these requirements. Among these, the ISO 28580 
test procedure is one of the preferred test procedures because, unlike 
some others, it evaluates a tire's rolling resistance at a single 
combination of load, pressure, and speed (i.e., a single-point test 
method). A single-point test method is sufficient for rating tires 
against each other yet is less costly to conduct than a multi-point 
test method. For additional detail on NHTSA's Phase 1 Research and 
background on the test equipment and methodologies used to measure 
rolling resistance, see the NPRM.\161\
---------------------------------------------------------------------------

    \160\ See NHTSA Rolling Resistance Rating System Test 
Development Project: Phase 1--Evaluation of Laboratory Test 
Protocols (October 2008). Docket No. NHTSA-2008-0121-0019.
    \161\ Tire Fuel Efficiency NPRM, supra note 9, at 29555-29559.
---------------------------------------------------------------------------

    The ISO 28580 test procedure is also unique because it specifies a 
procedure

[[Page 15916]]

to correlate results between different test equipment (i.e., different 
rolling resistance test machines), which our research shows is a 
significant source of variation. Because other established test methods 
lack such a procedure, NHTSA would need to develop a new procedure to 
address this variation before any of those test methods could be 
required.\162\ As mentioned above, EISA mandates that this rulemaking 
include ``specifications for test methods for manufacturers to use in 
assessing and rating tires to avoid variation among test equipment and 
manufacturers.'' \163\ Further, the ISO 28580 test procedure is the 
specified test method in the proposed European Union Directive and the 
California draft staff regulation, allowing manufacturers to do one 
test to determine ratings for both proposed regulations.
---------------------------------------------------------------------------

    \162\ Since there was development and validation of the ISO 
28580 lab alignment procedure, NHTSA believes that using ISO 28580 
with its lab alignment procedure is preferable to developing a new 
lab alignment process from scratch. See Transcript of Staff Workshop 
Before the California Energy Resources Conservation and Development 
Commission, at 104 (April 2009), available at  http://energy.ca.gov/transportation/tire_efficiency/documents/2009-04-08_workshop/2009-04-08_TRANSCRIPT.PDF (last accessed Nov. 11, 2009).
    \163\ 49 U.S.C. 32304A(a)(2)(C).
---------------------------------------------------------------------------

    NHTSA's proposed regulations included the specification of only two 
of four energy loss measurement methods, as well as the use of a 1.7-
meter indoor roadwheel with a grit surface, as opposed to a bare steel 
roadwheel. All four force measurement methods are permitted under ISO 
28580, as is testing on roadwheels with diameters greater than 1.7 
meters using either roadwheel surface.
    Many commenters misinterpreted the specification of two particular 
methods by NHTSA, the roadwheel diameter, and the specification of the 
grit surface as indication that we were proposing to prohibit the other 
options allowed under ISO 28580. These commenters stated that they 
support ``full adoption'' of the ISO 28580 test procedure.\164\ This 
indicates a misunderstanding of the purpose of NHTSA's regulations and 
of NHTSA's enforcement mechanism generally. The procedures specified in 
NHTSA's standards and regulations specify the precise procedures NHTSA 
will follow when conducting enforcement checks. As explained above in 
section III.A.5, this enforcement approach does not require that a 
manufacturer base its certifications (or ratings) on any particular 
tests, any number of specified tests or, for that matter, any tests at 
all. A manufacturer is only required to exercise due care in certifying 
its tires. It is the responsibility of the tire manufacturer to 
determine initially what test results, computer simulations, 
engineering analyses, or other information it needs to enable it to 
certify that its tires comply with applicable Federal standards.
---------------------------------------------------------------------------

    \164\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
1; European Commission Comments, Docket No. NHTSA-2008-0121-0028.1 
at 2; JATMA Comments, Docket No. NHTSA-2008-0121-0031.1 at 2-3; 
Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 at 2; RMA 
Comments, Docket No. NHTSA-2008-0121-0036.1 at 8-9; Michelin 
Comments, Docket No. NHTSA-2008-0121-0048.1 at 2-3.
---------------------------------------------------------------------------

    NHTSA has selected specific sections of ISO 28580 to allow 
compliance testing in the United States on existing independent 
laboratory equipment. Also, specifying the equipment and variant of 
testing NHTSA will use for compliance testing provides users of other 
equipment or variants of testing with a better known target for 
comparison of their testing. Therefore adopting only part of the 
specification does not hinder companies from using ``in-house'' 
equipment of another design that meets the ISO 28580 specification. ISO 
28580 has more provisions available for testing based on worldwide 
equipment availability and therefore has set specifications and 
procedures to permit using all the different types of equipment and 
test variants. NHTSA, therefore, agrees with commenters who call for 
full adoption of ISO 28580 as a global test procedure. Equipment and 
test variants once aligned using the provisions in ISO 28580 can be 
compared. Therefore correlations can be established by the users of the 
other types of equipment to the type of equipment and test variants 
used by NHTSA.
    For example, NHTSA agrees with the comment that both the bare steel 
roadwheel and 80 grit surface are scientifically equivalent.\165\ As 
alignment and correlation procedures are available in ISO 28580 testing 
on bare versus the grit, force measurements can be corrected to report 
the same. NHTSA suggested grit as the surface for compliance testing so 
that companies would know exactly what they need to compare their 
result against. Companies testing on a bare roadwheel can develop 
correlations to adjust the numbers they report. The agency is 
specifying the use of an 80-grit surface on the roadwheel used in its 
compliance testing, instead of a bare steel roadwheel. The grit surface 
is the most common surface used in the laboratories available to NHTSA. 
NHTSA in its research found that the use of the 80-grit surface 
produced a slightly higher test measurement than using the bare steel 
surface. However, there was some evidence of potential problems for 
smooth steel-surfaced roadwheels in NHTSA Phase 1 testing.\166\ In that 
testing, the rolling resistance of deep-lug tires exhibited a 
relatively linear behavior on grit surfaces over a range of test loads 
but dropped off consistently at high loads on smooth steel roadwheels. 
Since the discrepancy in results between a smooth and steel roadwheel 
could lead to rating compliance disputes, today's final rule specifies 
the use of the grit surface since it was found to be more repeatable 
and is the most common surface in the laboratories available to NHTSA.
---------------------------------------------------------------------------

    \165\ However, ISO 28580 indicates that the skim test reading 
accuracy can be improved by use of a ``textured'' (i.e., grit) 
roadwheel surface. See ISO 28580:2009(E), Passenger car, truck and 
bus tyres--Methods of measuring rolling resistance--Single point 
test and correlation of measurement results, section 5.1.2, Surface.
    \166\ We note that these wheels did not have the micro-texture 
required by ISO 28580 for steel-surfaced roadwheels.
---------------------------------------------------------------------------

    Similarly, test equipment available in the United States at this 
time for compliance testing is limited to 1.7-meter rolling resistance 
test machines that use the force or torque measurement method. ISO 
28580 has configured the alignment and correlation processes to take 
into account differences in roadwheel size and measurement methods. As 
alignment and correlation procedures are available, testing on a 2.0-
meter roadwheel, or with the power or deceleration measurement methods, 
can be corrected to report the same values as measured using the force 
or torque methods on a 1.7-meter roadwheel. NHTSA suggested force or 
torque for compliance testing so that companies would know exactly what 
they need to compare and correlate the result against. With the machine 
tolerance, calibration, and alignment procedures specified in ISO 
28580, NHTSA has confidence that correlations can be made with the 
power and deceleration methods.
    Commenters generally supported adoption of the ISO 28580 test 
procedure.\167\ However, MTS, a tire test equipment manufacturer, 
questioned a single-point test (as opposed to a multi-point test) \168\ 
and the use of a curved

[[Page 15917]]

test surface. As for ISO 28580 being a single point test, MTS commented 
that a single reading for one tire is a small sample size and there is 
no corroborating data to provide assurance the test value is truly 
representative of the tire.\169\ As RMA pointed out and as NHTSA 
explained in the NPRM, research conducted by both NHTSA and the CEC 
show that both single point and multi point tests can accurately 
produce tire rolling resistance data and that tires tested using either 
type of test procedure rank order the same for those conditions. 
Equations were derived to accurately convert data from any one test to 
the expected data from any other test at a single load and pressure. 
NHTSA's research has shown that both types of tests essentially produce 
the same rating if results are normalized as a percentage of RRF 
measured at each lab for the 16-inch Standard Reference Test Tire 
(SRTT), the ASTM F 2493.\170\ Single-point tests are less expensive and 
shorter than multi-point test methods. Additionally, with single-point 
tests, data from any method can be correlated to data from any other 
method. Accordingly, NHTSA still believes that a single-point, rather 
than a multi-point, test will better serve the purposes of this 
program.\171\
---------------------------------------------------------------------------

    \167\ See id.
    \168\ The term ``multi-point'' refers to a method that uses more 
than one set of conditions to test a tire, usually varying speed, 
pressure, and/or load. Passenger car and light truck tires generally 
have different test conditions and can have even a different number 
of test points in the set of conditions. The goal of multi-point 
testing is to allow the use of statistical techniques to reduce 
rolling resistance force measurement variability and to allow 
prediction of the effect of changes in inflation pressure, tire load 
and speed on rolling resistance force. The term ``single-point'' 
refers to a method that uses a single set of test conditions. These 
conditions are designed to be near the average conditions that a 
tire would see in its intended service.
    \169\ MTS Comments, Docket No. NHTSA-2008-0121-0027.1 at 2.
    \170\ See NHTSA Rolling Resistance Rating System Test 
Development Project: Phase 1--Evaluation of Laboratory Test 
Protocols (October 2008). Docket No. NHTSA-2008-0121-0019.
    \171\ Tire Fuel Efficiency NPRM, supra note 9, at 29558.
---------------------------------------------------------------------------

    As for the use of a curved test surface, MTS questions the use of 
1.7 and 2.0-meter test wheel machines for the ISO 28580, as opposed to 
their flat surface test machine because of curvature effects that 
result from using a curved surface to measure rolling resistance. MTS 
states that rolling resistance measurements made on flat surface test 
equipment would be more accurate measurements because flat surface test 
equipment more closely resembles actual usage conditions.\172\ NHTSA 
agrees that a more accurate measurement of rolling resistance force 
could be made using flat surface test equipment. NHTSA could not 
evaluate flat surface rolling resistance equipment during the research 
and testing as none were available in independent laboratories. Thus, 
NHTSA believes that the industry as a whole does not have the capacity 
to rate tires on a flat laboratory machine at this point in time. ISO 
28580 was developed by industry experts and does have provisions for 
conversion from flat to the 2.0-meter curved reference surface.\173\ 
However MTS itself questions these conversion equations. Therefore 
NHTSA suggested 1.7-meter as the surface for compliance testing so that 
companies would know exactly what they need to compare their result 
against.
---------------------------------------------------------------------------

    \172\ MTS Comments, Docket No. NHTSA-2008-0121-0027.1 at 6-9.
    \173\ The Clark equation to correct for the effect of diameter 
is an accepted approximation. Deviations from total accuracy for 
correction to a flat surface are introduced by differences in tire 
construction such as aspect ratio and stiffness of the tire 
construction, especially sidewalls.
---------------------------------------------------------------------------

    MTS also questioned the use and meaning of capped inflation 
pressure. As explained in the NPRM, NHTSA Phase 1 Research examined 
differences resulting from the method of inflation maintenance, 
specifically whether inflation pressure was capped \174\ or 
regulated.\175\ The Phase 1 Research showed that the pressure rise in 
the tire during testing using a capped inflation procedure reduced the 
rolling resistance compared to maintaining the pressure at a constant 
pressure during the test. Therefore, the choice of a test that uses 
capped inflation pressure for some or all of the test points should 
provide a more accurate representation of in-service behavior. The use 
and definition of ``capped air'' is defined in ISO 28580 as follows: 
``The test consists of a measurement of rolling resistance in which the 
tire is inflated and the inflation pressure allowed to build up (i.e., 
``capped air'').'' The purpose is to evaluate the tire and its reaction 
to flexing and running in the same environment as other tires as if 
they are on the highway.
---------------------------------------------------------------------------

    \174\ Capped inflation is achieved by inflating the tire to the 
required pressure prior to testing, while the tire is at ambient 
temperature of the test area, and then sealing the air in the tire 
during testing with a valve, cap or some other seal.
    \175\ Regulated inflation pressure is achieved by inflating the 
tire to the required pressure independent of its temperature, and 
maintaining this inflation pressure during testing. This is usually 
performed by using a regulated air (gas) supply external to the 
spindle, or axle, and connected with a low friction rotary union.
---------------------------------------------------------------------------

    One change that NHTSA is adding to its test procedure specified in 
the regulation, is that the agency must specify a break-in procedure 
for bias ply tires, since these tires are included within the scope of 
the tire fuel efficiency consumer information program.\176\ Older tire 
rolling resistance standards contain an option for an addition break-in 
for tires that ``undergo significant permanent change in their 
dimensions or material properties with first dynamometer test 
operation,'' (SAE J1269/SAE J2452) which the agency interprets to apply 
to bias-ply or belted-bias tires. Modern radial tire designs, which 
constitute over 99 percent of the current replacement passenger tire 
market, have sufficient dimensionally stability to not require the 
optional break-in.\177\ The greater dimensional stability of radial 
tires is a result of their construction with inextensible belts. 
Similarly, bias-belted tires are dimensionally stable due to their 
construction with inextensible belts. The body ply materials have been 
improved to enhance the overall dimensional stability of tires. 
Therefore, the dimensional stability of bias-construction tires depends 
upon the body-ply fabric used in their construction. Nonetheless, the 
agency must establish provisions for bias-construction tires that may 
use less dimensionally stable fabric technologies since bias ply tires 
are covered under the scope of the tire fuel efficiency consumer 
information program.
---------------------------------------------------------------------------

    \176\ In tire size terminology, bias ply construction is 
indicated by a ``D'' in the size specification, as opposed to an 
``R'' in a tire size specification, which indicates that a 
particular tire is a radial tire. Radial ply construction of tires 
has been the industry standard for the past 20 years.
    \177\ See National Highway Traffic Safety Administration, The 
Pneumatic Tire, DOT HS 810 561, at 80 (February 2006).
---------------------------------------------------------------------------

    The break-in procedure we are specifying for bias ply tires is one 
that is found in FMVSS No. 109, New Pneumatic and Certain Specialty 
Tires, and FMVSS No. 139, New Pneumatic Tires for Light Vehicles.\178\ 
However, we are specifying that the roadwheel break-in need only be for 
one hour, as opposed to two hours as in FMVSS Nos. 109 and 139, because 
one hour is found to be generally sufficient to achieve initial break-
in and achieve thermal stabilization.\179\ We do not believe that ISO 
28580 was developed with bias ply tires in mind. Radial ply 
construction of tires has been the industry standard for the past 20 
years. However, bias ply tires do still exist and are included within 
the statutorily defined scope of the tire fuel efficiency consumer 
information program. Therefore, the agency's test procedure must 
specify how we would test bias ply tires.
---------------------------------------------------------------------------

    \178\ See 49 CFR 571.109, S5.5.1, S5.5.2, S5.5.3; 49 CFR 
571.139, S6.2.1.2.
    \179\ See National Highway Traffic Safety Administration, The 
Pneumatic Tire, DOT HS 810 561, at 500 (February 2006).
---------------------------------------------------------------------------

B. Lab Alignment Procedure

    As discussed in the NPRM, some of the technical challenges involved 
in selection of a test procedure to measure rolling resistance include 
specifying a test method that avoids variation among laboratories/
machines. NHTSA's Phase 1 Research evaluation indicated that all

[[Page 15918]]

five of the rolling resistance test methods had very low variability 
and could be cross-correlated to provide the same information about 
individual tire types.\180\ There was a significant and consistent 
difference in the data generated by the two laboratories/machines used 
in NHTSA's Phase 1 Research. Therefore, development of a method to 
account for lab-to-lab variability is required.
---------------------------------------------------------------------------

    \180\ For this program, each manufacturer will ``self-certify'' 
the ratings for its tires. The test procedure specified in this 
proposal is what NHTSA will use for compliance testing. Even if 
rolling resistance test data were gathered using other test methods, 
NHTSA's research shows that equations can translate the data to the 
test procedure specified in this rule.
---------------------------------------------------------------------------

    One significant difference between ISO 28580 and the other test 
methods is that ISO 28580 includes a procedure which uses two reference 
tires to correlate any laboratory/machine to a reference rolling 
resistance test machine (``Reference Machine''). NHTSA's research 
showed a significant difference between the two laboratories' machines 
used, and therefore addressing this variation is a significant 
advantage for the ISO standard. Use of any other rolling resistance 
test procedure would have required NHTSA to develop its own procedure 
to address lab-to-lab variation, which would also necessitate the 
specification of a reference rolling resistance test machine.
    Reference machine: As commenters points out, under ISO 28580, use 
of the lab alignment procedure requires the specification of a 
``Reference Machine'' against which other machines will align their 
measurement results.
    Because the ISO has not yet specified a Reference Machine for the 
ISO 28580 test procedure, NHTSA must specify this machine so that tire 
manufacturers know which test machine they must correlate their test 
results against. In the near future NHTSA will announce one or more 
private laboratories to operate the Reference Machine.\181\ The 
selected reference laboratory or laboratories will meet the conditions 
for a reference machine specified in ISO 28580, and may be required to 
meet other conditions specified by NHTSA.\182\ The agency is working 
expeditiously to establish and implement procedures for the selection 
of a reference laboratory or laboratories to operate the Reference 
Machine(s).\183\
---------------------------------------------------------------------------

    \181\ It is not the intent of NHTSA to unilaterally establish 
the reference machine for ISO or other global regions. Rather, the 
agency must define a ``regional'' reference machine for the tire 
fuel efficiency consumer information program that is independent of 
entities we regulate and is accessible to the agency by standard 
contractual mechanisms. This will allow reporting under the program 
and agency compliance testing that meet the requirements of EISA. It 
is our understanding that the output of a given ``candidate'' 
machine can be corrected using different correlation equations and 
therefore different entities/rating systems could also designate 
their own reference machines.
    \182\ See ISO 28580:2009(E), Passenger car, truck and bus 
tyres--Methods of measuring rolling resistance--Single point test 
and correlation of measurement results, section 10.2, Conditions for 
reference machine.
    \183\ If NHTSA selects more than one private laboratory to 
operate the ``Reference Machine,'' the agency would work with those 
laboratories to implement a program that would establish initial 
correlations between the machines, and that would continuously 
monitor the variability in the correlation between the two machines.
---------------------------------------------------------------------------

    In order for other test machines to align with the reference 
laboratory or laboratories, the reference laboratory will test two 
alignment tires in accordance with ISO 28580 test procedures, and 
convey the tires to the testing laboratory with the data produced 
during the testing of those tires. The specification of specific 
alignment tires is discussed immediately below.
    Alignment tires: Under the ISO 28580 lab alignment procedure, 
laboratories seeking to correlate its machines' results with the 
Reference Machine would use sets of two alignment tire models, for 
which ISO 28580 also specifies requirements, as discussed below.\184\ 
These alignment tires (``Lab Alignment Tires,'' or LATs) are used to 
align other ``candidate'' machines with the Reference Machine by 
comparing the measured rolling resistance results for those tires 
measured on the candidate machine to their stated values measured on 
the Reference Machine. An alignment formula is then established and is 
used to translate the results obtained on a candidate machine into 
results aligned with the Reference Machine. Since the requirements for 
LATs are specified in ISO 28580, but specific sizes or models of LATs 
are not specifically identified, NHTSA must specify which LATs tire 
manufacturers should use to align other rolling resistance machines to 
the Reference Machine.
---------------------------------------------------------------------------

    \184\ See ISO 28580:2009(E), Passenger car, truck and bus 
tyres--Methods of measuring rolling resistance--Single point test 
and correlation of measurement results, section 10.4, Alignment tyre 
requirements. In the ISO 28580 test procedure, rolling resistance 
test machines other than the Reference Lab machine are referred to 
as ``candidate machines.''
---------------------------------------------------------------------------

    The agency has been aware that ISO has been working to certify two 
passenger car alignment tire models, and when completed, the identity 
and a source for procurement by interested rolling resistance 
laboratories would be promulgated in a technical report to ISO 28580. 
In its NPRM comments, RMA noted that tires that qualify as LATs under 
ISO 28580 would be available by the end of 2009. However, in January 
2010, the ISO Technical Committee 31 Working Group 6 Convenor notified 
NHTSA and other interested parties by memo of the identity and source 
for the tires that it intends to certify as LATs under ISO 28580, but 
that its official promulgation by technical report has been delayed 
until June 2010.\185\
---------------------------------------------------------------------------

    \185\ This memo will be placed in the final rule docket.
---------------------------------------------------------------------------

    Since specifications and source of supply for these LATs has not 
yet been officially promulgated by ISO, NHTSA will postpone the 
specification of LATs to a later date. NHTSA will address available LAT 
options in the forthcoming supplemental NPRM relating to the consumer 
information requirements and consumer education portions of the 
program.
    During the development of this final rule, NHTSA did consider the 
option of specifying existing reference tires as LATs for purposes of 
NHTSA's tire fuel efficiency consumer information program. However, the 
agency determined that specifying existing reference tires as LATs was 
not the optimal approach. NHTSA examined three established and widely 
available ASTM reference tires, as shown in Table 2.\186\ These 
reference tires are widely used for monitoring a wide variety of tire 
performance measurements, but the agency has no knowledge of them 
having been used as a standard or reference tire for tire rolling 
resistance testing.
---------------------------------------------------------------------------

    \186\ Reference tires are specially designed and built to 
American Society for Testing and Materials (ASTM) standards to have 
particularly narrow limits of variability. For instance, the 
designation ``F 2493'' refers to the standard specification of 
materials and construction practices codified by ASTM as suitable 
for control tires for scientific experimentation.
---------------------------------------------------------------------------

    As noted above, ISO 28580 specifies requirements for LATs in 
section 10.4, Alignment tyre requirements. These specifications are as 
follows:
    (1) RRC values of the two LATs must have a minimum range of 3 
Newtons per Kilonewton (N/kN).
    (2) The LAT section width \187\ should be less than or equal to 245 
millimeters (mm).
---------------------------------------------------------------------------

    \187\ A tire's section width (the measurement in millimeters 
from the widest point of a tire's outer sidewall to the widest point 
of its inner sidewall) is indicated by the first three numbers of a 
tire's size designation.
---------------------------------------------------------------------------

    (3) The LAT outer diameter should be between 510 mm and 800 mm.
    (4) Load index values of the two LATs should adequately cover the 
range for the tires to be tested, ensuring that the

[[Page 15919]]

RRF values of the LATs also cover the range for the tires to be tested.
---------------------------------------------------------------------------

    \188\ This tire is not rated by Load Index, however the maximum 
sidewall load of 1620 pounds is similar to a 97 Load Index.

                                          Table 2--ASTM Reference Tires
----------------------------------------------------------------------------------------------------------------
                 Tire                         ASTM E 501              ASTM E 1136              ASTM F 2493
----------------------------------------------------------------------------------------------------------------
                                                                     P195/75R14 for       P225/60R16 ``modern''
                                          G78 15 Bias/belted     monitoring performance    radial tire proposed
           Tire description             grooved tire used for     including treadwear,       for performance
                                         traction monitoring       and snow traction            monitoring
----------------------------------------------------------------------------------------------------------------
Section width........................  212 mm.................  196 mm.................  228 mm.
Outer diameter.......................  648 mm.................  648 mm.................  676 mm.
Load Index...........................  Unknown\188\...........  92.....................  97.
RRF, lbf.............................  19.....................  11.....................  12.
RRC, N/kN............................  14.8...................  9.8....................  9.3.
----------------------------------------------------------------------------------------------------------------

    All three ASTM reference tires satisfy the above ISO 28580 LAT 
specifications for section width and outer diameter. As for the first 
and fourth specifications above, the RRF values of the ASTM E 501 and 
ASTM E 1136 tires cover the middle portion of the range of RRF values 
of the tires to be rated under this program, and their load index 
values are similar, both of which seem to run contrary to the intent of 
the fourth ISO 28580 alignment tire criterion listed above.
    Additionally, the properties that are specified and reportedly 
tightly controlled in the three ASTM reference tires are meant to 
provide repeatable results in traction, treadwear, and like tests. This 
does not necessarily assure that the tires will have good repeatability 
for rolling resistance, which is not explicitly controlled for in their 
specifications and is a product of many different facets of a tire's 
design and construction. Therefore, the agency is investigating how 
tightly specified and controlled the rolling resistance properties are 
in the proposed ISO Alignment Rolling Resistance Reference Tire (ARRRT) 
models (LATs), which the agency will confirm with independent testing. 
For these reasons, in the agency's expert judgment, it is preferable to 
postpone the specification of LATs under the tire fuel efficiency 
consumer information program, in the hopes that ISO finalizes the 
specification of rolling resistance alignment tires in the anticipated 
timeframe, rather than specifying a pair of existing reference tires 
that were not developed specifically to be rolling resistance LATs.
    As indicated above, reference tires specifically designed for use 
as rolling resistance LATs are expected to be widely available in the 
near future. The agency believes this will occur on a timeline that 
will allow NHTSA to address available LAT options in the forthcoming 
supplemental NPRM relating to the consumer information requirements and 
consumer education portions of the program, and the agency will do so 
at that time.

V. Rolling Resistance Rating Metric

    The output of the rolling resistance test machines is used to 
calculate the rolling resistance force (RRF) in pounds of force (lbf) 
or Newtons (N) at the interface of the tire and drum, or the force at 
the axle in the direction of travel required to make a loaded tire 
roll. Rolling resistance is often expressed and reported in terms of 
Rolling Resistance Coefficient (RRC) (N/kN, kg/tonne, lbf/kip), which 
is the rolling resistance force divided by the test load on the 
tire.\189\ Since rolling resistance changes with the load on the tire, 
this makes direct comparisons between the tires tested at different 
loads difficult. The pending European rating system uses RRC as the 
metric for a rolling resistance rating/score. In the NPRM, NHTSA 
proposed to base the tire fuel efficiency rating on the RRF metric. 
NHTSA had tentatively concluded that a rating based on RRF is more 
descriptive and would provide more information to consumers, than a 
rating based on RRC.
---------------------------------------------------------------------------

    \189\ Most test procedures specify test load as a percentage of 
the maximum load rating of the tire being tested. For example, the 
ISO 28580 test procedure specifies a load of 80% of the maximum 
sidewall load.
---------------------------------------------------------------------------

    Tire Rack and ExxonMobil commented that RRF is the appropriate 
metric since it directly relates to the tire's contribution to vehicle 
fuel consumption.\190\ Tire Rack commented that RRF is the most 
intuitive value available to educate consumers about the influence 
tires have on vehicle fuel consumption because tire RRF is directly 
related to the energy required to maintain a vehicle in motion and 
offers a scale that can be applied to all tires within the rulemaking's 
scope. Michelin, although it expressed support for RRC, stated that 
NHTSA was correct that RRF is more directly related to fuel 
consumption.\191\ Consumers Union expressed support for using RRF as 
the fuel efficiency rating metric and commented that RRF is appropriate 
for comparing tires of the same size, load index, and speed rating 
designation.\192\ Consumers Union also pointed out that it is the 
metric that is consistent with California's proposed regulations. 
ExxonMobil explained that because RRC is RRF divided by the test load 
(generally 80 percent of the maximum load rating for the tire), RRCs 
can only be compared within a single load rating/tire size. ExxonMobil 
further noted that since larger tires generate more rolling resistance 
and have greater test loads, the resulting RRCs for those tires can 
sometimes be lower than those of smaller tires (i.e., they would get a 
higher fuel efficiency rating than the small tire in a rating system 
based on RRC).\193\
---------------------------------------------------------------------------

    \190\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
1; ExxonMobil Chemical Company Comments, Docket No. NHTSA-2008-0121-
0044.1 at 2, 9.
    \191\ Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 4.
    \192\ Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 
at 2.
    \193\ ExxonMobil Chemical Company Comments, Docket No. NHTSA-
2008-0121-0044.1 at 2, 9.
---------------------------------------------------------------------------

    MTS, the European Commission, JATMA, RMA, NRDC, GM, and Michelin 
supported basing the fuel efficiency rating on RRC. RMA, Michelin, and 
GM commented that they support basing a rolling resistance rating on 
RRC because using RRF will cause the ratings for tires available to a 
consumer (i.e., those of the same size) to be clustered. They state 
that because RRF is an absolute rating, ratings for small tires will be 
clustered around high ratings, ratings for large tires will be

[[Page 15920]]

clustered around low ratings.\194\ These commenters stated that 
consumers may be discouraged to find no highly-rated tires for large 
vehicles. They contend that RRC would spread out all ratings for tires 
available to a single consumer so that they would be able to get a top 
rated tire.
---------------------------------------------------------------------------

    \194\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 3; GM 
Comments, Docket No. NHTSA-2008-0121-0046.1 at 3-4; Michelin 
Comments, Docket No. NHTSA-2008-0121-0048.1 at 3-4.
---------------------------------------------------------------------------

    MTS and Michelin commented that a fuel efficiency rating system 
based on RRF yields an artificial advantage for the lower load index 
tire.\195\ These commenters noted that RRF will tend to rank tires with 
less load capacity higher than tires with high load capacity and that a 
RRC-based rating would rank tires by the relative technology applied to 
the tire to reduce rolling resistance. These commenters stated that 
this is because RRF is dependent on the load capacity of the tire, and 
RRC is independent from tire load carrying capacity or the size of the 
tire.\196\
---------------------------------------------------------------------------

    \195\ MTS Comments, Docket No. NHTSA-2008-0121-0027.1 at 2-3; 
Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 5-6.
    \196\ See id.; GM Comments, Docket No. NHTSA-2008-0121-0046.1 at 
3-4.
---------------------------------------------------------------------------

    Commenters in support of RRC additionally noted that RRC is the 
metric that the European system bases its tire fuel efficiency rating 
system on,\197\ and Michelin and GM stated that RRC is the industry 
standard for measurement of rolling resistance. The European Commission 
and JATMA supported RRC because they stated RRC is more appropriate to 
compare tires of different size and load indexes.\198\ NRDC commented 
that the fact that larger tires will have lower ratings may discourage 
consumers from seeking fuel efficient tires for those vehicles.\199\ 
Some commenters also stated that a rating based on RRF will encourage 
people to undersize, or purchase tires with too low of a load 
index.\200\
---------------------------------------------------------------------------

    \197\ MTS Comments, Docket No. NHTSA-2008-0121-0027.1 at 2-3.
    \198\ European Commission Comments, Docket No. NHTSA-2008-0121-
0028.1 at 3; JATMA Comments, Docket No. NHTSA-2008-0121-0031.1 at 1.
    \199\ NRDC Comments, Docket No. NHTSA-2008-0121-0040.1 at 6-10.
    \200\ MTS Comments, Docket No. NHTSA-2008-0121-0027.1 at 2-3; 
RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 4; RMA Comments, 
Appendix 6, Docket No. NHTSA-2008-0121-0036.7 at 24-25; GM Comments, 
Docket No. NHTSA-2008-0121-0046.1 at 3; Michelin Comments, Docket 
No. NHTSA-2008-0121-0048.1 at 5.
---------------------------------------------------------------------------

    Agency response: Based on the large number of comments received on 
this issue, and to retain flexibility to use what the agency learns 
about consumer comprehension from the future consumer research, NHTSA 
will defer a decision on which rolling resistance metric should be used 
for the fuel efficiency rating and consider that matter further in the 
future supplemental NPRM and final rule that will finalize the consumer 
information and education portions of the program. However, to aid in 
guiding further discussion, in the FRIA we have analyzed some of the 
issues addressed by commenters relating to basing a fuel efficiency 
rating on RRF versus RRC.\201\
---------------------------------------------------------------------------

    \201\ See FRIA, section IV. The companion Final Regulatory 
Impact Analysis (FRIA) to this final rule provides an analysis on 
the potential economic impacts of this consumer information program 
and is available in the docket for this final rule.
---------------------------------------------------------------------------

VI. Rating System

A. What Information Will the Rating System Convey to Consumers?

1. Fuel Efficiency
    As explained above in section II.A, the national tire fuel 
efficiency rating system will communicate tire fuel efficiency 
information in the form of a rolling resistance rating, because rolling 
resistance corresponds to the amount of fuel used in the form of 
mechanical energy dissipated to move the tire. No commenter challenged 
these statements in the NPRM and no commenter suggested an alternate 
method by which to directly compare the fuel efficiency of replacement 
tires. Therefore, NHTSA still plans on basing the fuel efficiency 
rating of a given replacement passenger car tire on the rolling 
resistance force test value measured using the ISO 28580 test 
procedure. The form of the rating and how it will be communicated to 
consumers will be determined in the near future in the rulemaking to 
finalize the content of the required tire fuel efficiency consumer 
information program label.
2. Safety
i. Potential Safety Consequences
    As noted in the NPRM, there is still a limited understanding of how 
tire traction, wear resistance, and rolling resistance relate to the 
practical outcomes of vehicle fuel consumption, crash incidence, and 
tire service life. One of the past concerns about rolling resistance is 
that traction and/or treadwear could be negatively impacted by changes 
made to improve rolling resistance.
    As part of the research in support of this rulemaking, NHTSA 
performed and analyzed additional testing with the tires that were used 
to evaluate the rolling resistance test methods. This testing included 
UTQGS traction and treadwear testing, additional wet and dry traction 
testing on an outdoor track, indoor dry traction and treadwear testing, 
and EPA dynamometer fuel economy testing.\202\ This research, with one 
exception discussed below, did not show that this tradeoff is a given 
and must occur. However, it may cost more to maintain traction or 
treadwear with an improvement in rolling resistance. Commenters to the 
NPRM confirmed that a tradeoff in traction or treadwear need not occur 
to achieve higher fuel efficiency for a given tire.\203\
---------------------------------------------------------------------------

    \202\ See NHTSA Tire Rolling Resistance Rating System Test 
Development Project: Phase 2--Effects of Tire Rolling Resistance 
Levels on Traction, Treadwear, and Vehicle Fuel Economy (February 
2009). Docket No. NHTSA-2008-0121-0035.
    \203\ Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 8, 
NRDC Comments, Docket No. NHTSA-2008-0121-0040.1 at 7; see also 
California Energy Commission, California State Fuel-Efficient Tire 
Report: Volume II, 1 (2003), Docket No. NHTSA-2008-0121-0010.
---------------------------------------------------------------------------

    By providing information on all three parameters, a consumer could 
factor any possible tradeoffs between rolling resistance, traction, and 
treadwear, and/or cost differences between tires. That is, with all 
three ratings, a consumer could see whether they were opting for a 
decrease in traction and treadwear to gain improved fuel efficiency. 
Advocates agreed that because tire design and manufacture involve an 
interdependent relationship between fuel efficiency and durability on 
the one hand, and tire safety, adhesion to the roadway or traction, on 
the other, it is vitally important that safety information also be 
communicated to the public as part of any tire consumer information 
program.\204\
---------------------------------------------------------------------------

    \204\ Advocates Comments, Docket No. NHTSA-2008-0121-0049.1 at 
1-2.
---------------------------------------------------------------------------

    Technical literature extensively indicates that the tradeoff 
between fuel economy and safety performance can be significantly 
reduced with advanced compounding technologies, which are usually more 
expensive and proprietary. However, many aspects of the tire's 
construction and manufacture affect how much tradeoff remains, and the 
results of implementing new technologies, such as silica treads, will 
vary between manufacturers (which ranges from manufacturers who have 
decades of experience with the technology to manufacturers who have 
none). It is hoped that increased consumer awareness may help to spur 
technological innovation to promote simultaneous improvements along 
several dimensions.
    Therefore, NHTSA is concerned about the potential negative safety 
consequences that may occur if

[[Page 15921]]

consumers, motivated by potential fuel savings, begin to purchase tires 
with better rolling resistance ratings but are unwilling to spend 
additional money to also maintain wet traction levels. Despite having 
the wet traction rating on the same sticker, some manufacturers may 
defer the use of the more expensive silica tread technologies and 
instead optimize tires to lower rolling resistance and treadwear 
(another important purchase motivator) at the expense of wet traction 
in order to gain a price advantage.
    Also, as was detailed in the 2006 NAS Report, manufacturers can 
generate an improvement in a conventional tire tread by reducing 
initial tread depth.\205\ However, the committee determined that due to 
the economics, ``reductions in tread depth and other measures to reduce 
rolling resistance that have significant impacts on tire wear life 
could be unwise and may be unacceptable.'' \206\ Regarding safety 
implications, the committee ultimately concluded: ``Discerning the 
safety implications of small changes in tire traction characteristics 
associated with tread modifications to reduce rolling resistance may 
not be practical or even possible. The committee could not find safety 
studies or vehicle crash data that provide insight into the safety 
impacts associated with large changes in traction capability, much less 
the smaller changes that may occur from modifying the tread to reduce 
rolling resistance.'' \207\ ``As tread depth is reduced due to tire 
wear, reductions in driving and braking forces occur in wet, snow and 
muddy conditions compared to dry road performance. The critical speed 
for the onset of hydroplaning on rain covered highways is similarly 
lowered with increasing tire wear due to the reduced drainage capacity 
of the grooves, sipes (kerfs), and slots in the tread design.'' \208\ 
Results from a 2006 survey by the RMA of more than 14,000 scrap tires 
showed that, excluding the first year of service, 59 percent of tires 
were replaced due to wear out (had tread at or below wear 
indicators).\209\ Therefore, the study suggests that a large percentage 
of consumers use tread wear indicators to signal the need for tire 
replacement. However, the agency is aware that some consumers may have 
expectations of achieving a certain number of miles or years of use for 
a given set of tires, and starting with less initial tread depth could 
result in some increase in the operation of tires at or below 
recommended removal depths. In those cases, consumers may fail to 
perceive that the reductions in the treadwear grade from reducing 
initial tread depth can result in less safety. Therefore, the new FMVSS 
No. 139 continues to require treadwear indicators to be molded into the 
tread of a light vehicle tire to allow a person visually inspecting the 
tire to determine that it has worn to \1/16\ (\2/
32\).
---------------------------------------------------------------------------

    \205\ 2006 NAS Report, supra note 4, at 74.
    \206\ Id. at 93.
    \207\ Id. at 3.
    \208\ National Highway Traffic Safety Administration, The 
Pneumatic Tire, DOT HS 810 561, at 657 (February 2006).
    \209\ See Rubber Manufacturers Association News Release, Tire 
Industry Study: Chronological Age Alone Does Not Determine When 
Tires Are Removed From Service (May 23, 2006), available at http://www.betiresmart.org/newsroom/release.cfm?ID=185 (last accessed March 
11, 2010).
---------------------------------------------------------------------------

    A survey of the current marketplace was undertaken to estimate what 
information consumers currently have for choices in wet traction, 
price, and, where available, rolling resistance performance of tires. 
From the NHTSA ratings in safercar.gov and tires available at 
TireRack.com, approximately 20 percent of tires currently have traction 
ratings of AA, 70 percent have ratings of A, and 10 percent have 
ratings of B. There were no C-rated tires for on-road passenger vehicle 
use. From the NHTSA data and the data from the California Energy 
Commission and the Consumer Reports magazine, it appears that tire 
makers design most tires with AA wet traction rating for flag-brand and 
high-performance tires with correspondingly high average selling 
prices. Data for rolling resistance, wet traction, and list price 
performance indicate that tires with both A-traction rating and low 
rolling resistance performance are available at all list price levels.
    NHTSA's recent consumer research indicates that consumers care more 
about the durability and safety characteristics than the fuel 
efficiency of a replacement tire.\210\ Specifically, more than two-
thirds of survey respondents are willing to pay more for tires with 
above average performance ratings for traction (70 percent of survey 
respondents), treadwear (70 percent of survey respondents), and fuel 
efficiency (67 percent of survey respondents). When asked ``when you 
think about tire performance, what attributes or performance measures 
are most important to you personally,'' 47 percent of survey 
respondents stated some form of durability (e.g., tread life, 
reliability) and 37 percent of survey respondents answered that 
traction/handling were important to them (e.g., all season usage, wet 
road handling). Fourteen percent of survey respondents specifically 
responded with the words safety or security. All other responses got 
much less significant results, including performance, which includes 
the words mileage and general performance, accounting for 17 percent of 
those surveyed. Additionally, when asked how important are each of the 
following tire performance metrics to you personally, 93 percent of 
respondents stated that tire traction was either extremely important or 
very important to them, 91 percent of respondents stated that tire 
treadwear was either extremely important or very important to them, 
while 80 percent of respondents stated that fuel efficiency was either 
extremely important or very important to them. These survey results 
mitigate the concerns about potential negative safety consequences 
resulting from consumers sacrificing traction to maximize the fuel 
efficiency of replacement tires.
---------------------------------------------------------------------------

    \210\ NHTSA conducted additional consumer research after the 
notice of proposed rulemaking (NPRM) was issued to improve 
understanding of the typical tire purchaser and the tire purchasing 
process for the average consumer. See NHTSA Rolling Resistance 
Survey (Aug. 19, 2009). This and other reports relied on in the 
final rule will be placed into the docket.
---------------------------------------------------------------------------

    Advocates expressed concern that due to the fact that only the most 
expensive tires may be able to maintain a high traction rating while 
improving fuel efficiency, consumers may be misled into choosing tires 
with good fuel efficiency and durability but poor or inadequate safety. 
Thus, Advocates commented that NHTSA must carefully conceive and format 
a tire label to ensure that it does not promote cost savings at the 
expense of safety.
    Agency response: NHTSA agrees with Advocates on the need to not 
emphasize the fuel efficiency rating above the traction rating and will 
consider this when finalizing the consumer information and consumer 
education portions of the program. However, the concerns expressed by 
Advocates and NHTSA in the NPRM about the possibility that consumers 
might sacrifice safety for improved fuel efficiency are certainly 
mitigated by the results of recent NHTSA consumer research.
ii. Test Procedure
    Although rolling resistance is a standard measurement for 
characterizing and comparing tire energy performance, less 
comprehensive data exist in the public domain for accurate 
characterizations of tire traction. There are different methods of 
evaluating traction. For example, the UTQGS rating or the European wet 
grip rating use different test procedures that do not evaluate the same 
elements.

[[Page 15922]]

    In the NPRM, NHTSA proposed to use the traction test procedure 
specified in the agency's UTQGS regulation to rate tires for 
safety,\211\ reasoning that this test procedure for measuring wet 
traction is the only metric for which consistent data are widely 
available for a range of tires.\212\ NHTSA explained that the wet 
traction test procedure measures a tire's coefficient of friction 
during braking. In the context of tires on a passenger vehicle, the 
amount of force available to the braking system to decelerate the 
vehicle is determined by the tire, the road surface, and the conditions 
of their interaction. This value is measured by the coefficient of 
friction, [mu] (mu), which is the ratio of the longitudinal force 
divided by the vertical load on the tire. The higher the coefficient of 
friction is for a given tire, the more friction available to decelerate 
the vehicle. The choice of tire can affect the amount of reduction in 
friction on wet surfaces.\213\ Thus, different tires' measurements of 
the coefficients of friction during a braking test provide objective 
comparative information on tire's traction performance.
---------------------------------------------------------------------------

    \211\ See 49 CFR 575.104(f).
    \212\ Tire Fuel Efficiency NPRM, supra note 9, at 29560-29561.
    \213\ The instantaneous level of friction that can be developed 
by a tire-road surface pair is dependent on parameters such as the 
amount of lubrication (water, ice, snow, etc.) between the surfaces, 
speed, temperature, and many other factors. The effects of these 
parameters can be significant. For instance, in the case of the wet 
friction coefficients measured in the agency's tire traction safety 
rating, the water on the road surface substantially reduces the 
intermolecular adhesion of the tire rubber to the road surface 
aggregate, yielding a 20 to 30 percent reduction in available 
friction compared to dry conditions.
---------------------------------------------------------------------------

    The UTQGS traction test procedure measures a tire's coefficient of 
friction when it is tested on wet asphalt and concrete surfaces. The 
test tire is installed on an instrumented axle of a traction trailer, 
which is towed by a truck at 40 miles per hour (mph) over wet asphalt 
and concrete surfaces. The tow truck is equipped with an on-board water 
supply system that sprays water in front of the test tire. The brakes, 
from the test tire only, are momentarily locked, and sensors on the 
axle measure the longitudinal and vertical forces as it slides in a 
straight line. The coefficient of friction for the pair, test tire and 
surface, is then determined as the ratio of the longitudinal and 
vertical forces.
    Which test procedure: Michelin suggested an alternate test method 
for measuring traction because it stated the measurement of a tire's 
wet traction capability with a traction trailer is an attempt to 
quantify the tire's role in the vehicle stopping distance, which is the 
actual tire performance experienced by the consumer.\214\ Michelin 
commented that the poor reproducibility of the UTQGS traction test can 
result in misrepresentation of tire traction. Michelin stated that this 
poor repeatability has a lot to do with the fact that the ASTM E 501 
ribbed bias ply tire is used as a reference to ensure that the grip of 
the test lane is within tolerance and to correct test data for 
evolution of test conditions. Michelin commented that because the 
evolution of the E 501 tire between two test days is significantly 
different than the change in test tire performance, this causes poor 
repeatability.
---------------------------------------------------------------------------

    \214\ Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 7-
8.
---------------------------------------------------------------------------

    Accordingly, Michelin suggested an ISO test method that it argued 
better measures the tire's role in vehicle stopping distance: ISO 
23671, Passenger car tyres--Method for measuring relative wet grip 
performance--Loaded new tyres. Michelin argued that this ISO 23671 test 
method is better than the UTQGS test method for several reasons 
including: (1) The standard provides for flexibility of test location 
(allowing manufacturers the possibility of self-certification); (2) 
either traction trailer or on-vehicle braking can be used for 
measurement, allowing for greater flexibility; and (3) the design and 
materials of the control tire (14-inch Standard Reference Test Tire 
(SRTT), ASTM E 1136) more closely resemble modern passenger car tires 
(than the tire used in the UTQGS test method). Michelin urges NHTSA to 
consider a vehicle braking method for measuring traction based on its 
greater imitation of in-service conditions and on its superior 
repeatability and reproducibility.
    Agency response: NHTSA declines to use a test procedure other than 
a modified version of what is already specified for UTQGS. Based on the 
tight statutory deadline for this program, NHTSA cannot perform the 
research necessary to validate and establish a test procedure other 
than the wet traction trailer test that is already specified in another 
NHTSA regulation. Since our equipment and procedure is well known 
throughout the tire industry, we propose using the existing procedure, 
as the primary traction method, but modifying current equipment to 
collect peak coefficient of friction data to rate tires for this 
program, as discussed immediately below.
    The agency did not adopt Michelin's recommendation to use the 14-
inch SRTT (ASTM E 1136) or 16-inch SRTT (ASTM F 2493) as the traction 
test control tire instead of the current ASTM E 501 Standard Rib tire. 
This decision was based on a number of factors. First, Michelin 
provided no data demonstrating that the test results would be more 
accurate or less variable when using a SRTT as the traction control 
tire instead of the E 501 Standard Rib tire. The agency understands 
that the RMA traction data provided in comments was also collected 
using the E 501 tire as the control tire. Therefore, no additional data 
was available for the agency for evaluation. Due to the tight statutory 
deadline for this program, NHTSA does not have the time necessary to 
conduct its own test program to evaluate the performance of either of 
the SRTT tires against the current E 501 tire. Second, the agency has 
not evaluated the durability of the all-season tread pattern of the 14- 
or 16-inch SRTT radial tires as compared to the smooth-ribbed tread 
design of the E 501 tire during prolonged locked-slide traction 
testing. Less durable tires could increase the annual costs of testing. 
Third, the UTQGS traction test includes by reference test procedures 
and apparatus from ASTM E 274-79, ``Standard Method for Skid Resistance 
of Paved Surfaces Using a Full-Scale Tire,'' which itself references 
the E 501 tire as a standard tire (but not E 1136 or F 2493). 
Therefore, the agency recommends that Michelin initially work with ASTM 
to evaluate the suitability of upgrading the E 274 test procedure to 
reference the ASTM E 1136 or F 2493 tires as control tires.
    Regarding the ISO 23671 test procedure recommended by Michelin, 
this ISO procedure offers the option of using a trailer or vehicle as 
the test equipment for means of collecting data to measure peak 
traction. This approach may be practiced elsewhere, but we do not have 
data to base a wet traction rating using this method. Further, this ISO 
test method specifies a high coefficient of friction surface, which is 
currently unavailable for use by the agency. Currently, NHTSA only has 
data for concrete and asphalt surfaces used in the UTQGS testing 
method, which uses a traction trailer.
    Traction testing is preferred over vehicle testing (stopping 
distance) because one traction trailer may be used for various tire 
sizes. Depending on the vertical load applied on the test tire, the 
brake rate application may vary from tire to tire, but it may be 
adjusted when using a traction trailer. Thus, one traction trailer may 
be used to evaluate various tire sizes, while test conditions for 
various tire sizes may be maintained during testing using a trailer. 
Using a vehicle for testing would better imitate real world conditions, 
but would

[[Page 15923]]

introduce vehicle dependent effects (due to the design of the vehicle's 
brakes and suspensions). Also, several vehicles would be needed to 
evaluate different size tires, which may be cost prohibitive.
    Measurements taken: The UTQGS traction rating procedure specifies 
that the traction coefficients for asphalt and for concrete are to be 
calculated using the locked-wheel traction coefficient on the tire, or 
sliding coefficient of friction. More specifically, upon application of 
the brakes, the tire is subjected to shear between the wheel and the 
road surface, and deforms towards the rear of the vehicle. This 
generates a traction force to oppose the motion of the vehicle. As 
braking torque increases, the tire deforms more and tread elements near 
the rear of the contact patch with the road begin to slip rather than 
grip. The coefficient of friction rapidly reaches a maximum value at 
about 10-20 percent slip, and then declines as the longitudinal slip 
values increase to 100 percent, which represents a fully-locked tire. 
The maximum coefficient of friction in the 0-100 percent slip range is 
termed ``peak'' coefficient of friction, and the lower coefficient 
value for the fully-locked tire is termed ``slide'' coefficient of 
friction.
    When UTQGS was designed in the 1960s, the fully-locked slide 
coefficient of friction represented the tire-road friction available to 
conventional braking systems that frequently locked their tires during 
hard braking. However, modern anti-lock braking and stability control 
systems use wheel speed sensors and complex computer algorithms to 
modulate the brake pressure in order to operate near the peak 
coefficient of friction instead of locking the tire (slide), thus 
utilizing more available friction from the tire-road surface pair.
    Because it uses the sliding coefficient of friction, the UTQGS 
traction test procedure indicates the traction or wet pavement behavior 
for a vehicle that is not equipped with anti-lock brakes (ABS) or 
electronic stability control (ESC). A vehicle equipped with ABS or ESC 
reacts to braking and sliding in a more sophisticated way. ABS prevents 
wheel lock-up by pumping the vehicle's brakes repeatedly during braking 
events. ESC may automatically perform activation of the brakes on 
individual wheels in an attempt to slow down a vehicle and point it in 
a different direction if the system senses a directional loss of 
control. NHTSA's tire testing research showed that vehicles equipped 
with ABS or ESC will exhibit safer behavior on wet pavement (i.e., 
better traction) than the sliding coefficient of friction traction 
measurement would indicate in the UTQGS traction test procedure.
    The peak coefficient of friction is a metric that would better 
indicate traction performance for vehicles equipped with these advanced 
braking and handling systems. This is because as soon as ABS causes the 
vehicle to reapply the brakes (and also during many ESC system 
activations), the tires are constantly operating at or near peak 
coefficient of friction. Thus, since most new cars offer ABS as either 
standard or optional equipment, and ESC is being mandated on new light 
vehicles via a phase-in, NHTSA proposed to base the traction rating for 
purposes of the tire fuel efficiency consumer information program on 
the peak coefficients of friction as measured on the asphalt and 
concrete surfaces specified in the UTQGS traction test procedure.\215\ 
The machinery that conducts this test already measures peak coefficient 
of friction, so the NPRM proposed specification of the UTQGS traction 
test method, but using the peak coefficients of friction measured, 
rather than the slide.
---------------------------------------------------------------------------

    \215\ The phase-in electronic stability control (ESC) requires 
100 percent of the fleet to be equipped with ESC by model year 2011, 
i.e., by September 2010. 72 FR 17236, 17291. Since an anti-lock 
braking system (ABS) provides many of the components necessary for 
ESC, NHTSA believes that most manufacturers will likely equip 
vehicles with ABS as they equip them with ESC. See id. at 17256, n. 
49.
---------------------------------------------------------------------------

    However, recognizing that the median age for the U.S. passenger car 
fleet is 9.4 years,\216\ NHTSA requested comments on whether it was 
premature to suggest moving to an ABS-ESC focused rating based on new 
vehicles. The NPRM explained that the agency was considering a safety 
rating taken from the average of the four friction numbers (peak & 
slide on asphalt & concrete), all of which can be collected during the 
same test. The NPRM requested comments on whether it should instead 
consider a composite test, and if the four friction numbers should be 
weighted equally or differently.
---------------------------------------------------------------------------

    \216\ See http://usa.polk.com/News/LatestNews/News_20080215_scrappage.htm (last accessed Sept. 27, 2009).
---------------------------------------------------------------------------

    NHTSA sought comment on an empirically developed traction rating 
formula that included both peak and slide coefficients of friction as 
an example of how the agency might do this.\217\ RMA commented that the 
agency's proposal for an alternate traction rating formula is ad-hoc 
and not science based.\218\ RMA commented that it is no doubt possible 
to devise any number of formulas to provide a 0 to 100 rating for wet 
traction, but in RMA's opinion, unless there is some underlying 
scientific principle to support them, it is not a productive exercise. 
Michelin, in contrast, commented that the alternate traction formula 
more closely follows accepted industry practices for quantifying tire 
performance.\219\ Michelin agreed with the NPRM that peak traction 
values correspond more directly to advanced braking system performance 
and expressed support for this move toward a characterization more in 
line with consumer's needs. JATMA supported adopting the current UTQGS 
traction grading test method, and not using peak coefficient of 
friction.\220\ Tire Rack supported basing the traction rating on a 
combination of peak and slide coefficients of friction.\221\ Tire Rack 
stated that adding the coefficients of friction measured on wet asphalt 
and concrete surfaces better reflects the tire performance available 
through advanced braking technologies.
---------------------------------------------------------------------------

    \217\ Tire Fuel Efficiency NPRM, supra note 9, at 29580.
    \218\ RMA Comments Appendix 7, Docket No. NHTSA-2008-0121-0036.8 
at 8.
    \219\ Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 7-
8.
    \220\ JATMA Comments, Docket No. NHTSA-2008-0121-0031.1 at 1.
    \221\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
3.
---------------------------------------------------------------------------

    Agency response: Based on the fact that vehicles not equipped with 
advanced braking technologies will be on the road for many years, NHTSA 
has determined that the safety rating should be based on a combination 
of slide and peak coefficients of friction on asphalt and concrete. 
However, since the agency will be finalizing the form of the ratings 
and the consumer information requirements in a future rulemaking, we 
will not discuss the comments on the proposed formula for a safety 
rating in this final rule.
    Basing a safety rating on a composite index using both peak and 
slide coefficients of friction measurements creates a safety rating 
that considers the safety performance for both old vehicles without 
advanced braking technologies (wet traction performance correlates to 
slide), and new vehicle types with advanced braking technologies (wet 
traction performance correlates to peak). A safety rating based only on 
slide or only on peak coefficient of friction would be essentially 
meaningless to either vehicles with advanced braking technologies or to 
vehicles with conventional brake technology, respectively. NHTSA 
considered weighing the slide and peak coefficients of friction in the 
rating formula to create an index that reflected the percentage of the 
types of vehicles on the road. The

[[Page 15924]]

agency realizes that the ratio of new braking technology vehicles on 
the road to conventional braking vehicles on the road will persistently 
increase for decades until all conventional brake technology vehicles 
are essentially phased out, at which point peak coefficient of friction 
will be the only measure of traction that is relevant to the way that 
all vehicles brake. NHTSA will continuously monitor the fleet turnover, 
and will likely transfer the safety rating to an index based mostly on 
peak. Until that point, the agency believes it is best to have a rating 
based on a combination of indices that indicate something useful and 
comparative to everyone, as opposed to a rating based only on peak or 
slide, which would mean nothing to some. Continuously changing the 
formula to reflect these shifting percentages would likely cause some 
changes in ratings of existing tires, and NHTSA believes there is a 
benefit to keeping the ratings stable for a period of time, both in 
terms of reducing costs to NHTSA and manufacturers, and reducing 
potential confusion for consumers.
    Additionally, and as will be discussed in the forthcoming 
supplemental NPRM on the consumer information and consumer education 
portions of this program, a combination of peak and slide coefficients 
of friction also reduces the variability of the ratings. A safety 
rating based only on peak coefficient of friction results in ratings 
with high variability.
    RMA suggested that wet traction be weighted for the percentage of 
asphalt and concrete road surfaces in the U.S., since concrete now 
accounts for less than 4 percent of roads. The agency analyzed the 
number of fatal crashes in the Fatality Analysis Reporting System 
(FARS). For the years 2002 to 2008, approximately 8.2 percent of fatal 
crashes occurred on wet concrete road surfaces.\222\ After 
consideration of comments, NHTSA has determined that a safety rating 
should be based on both wet concrete and asphalt road surfaces. While 
wet concrete is likely not a condition that occurs often for any 
particular motorist, it potentially is the most dangerous because 
coefficients of friction can be lower/worse on concrete than on 
asphalt. Thus, wet concrete represents the ``worse case scenario'' in 
terms of the type of roadways on which a motorist might find him/
herself driving. Arguably, if manufacturers will design tires with the 
goal of achieving a higher safety (wet traction) rating, NHTSA should 
include concrete coefficients of friction in the rating index so that 
manufacturers take all likely driving wet surfaces into account when 
designing tires. NHTSA, therefore, believes that concrete coefficients 
of friction should be included in the safety rating as they likely 
represent a ``worse case scenario.''
---------------------------------------------------------------------------

    \222\ This analysis excluded the ``Water (standing or moving)'' 
roadway surface condition category, which was added in 2007 and not 
indicative of the water depths used in UTQGS wet traction testing. 
This analysis also excluded blank, other or unknown roadway surface 
conditions and roadway surface types.
---------------------------------------------------------------------------

    In response to the comments on the alternate traction formula NHTSA 
sought comment on in the NPRM,\223\ since publication of the NPRM the 
agency has realized that the formula it sought comment on is weighted 
by taking the test tire's friction coefficient and divided by a 
weighted sequence of two control tires. Mathematically, it is still a 
fraction number, which is typical for a friction coefficient, but 
unfortunately it no longer means it still represents a ``friction.'' 
Physically, it would just be a ratio or factor. Therefore, the agency 
does not think this is a correct approach. NHTSA believes that an 
empirically developed wet traction index is an appropriate metric for a 
wet traction rating, as NHTSA will discuss in the forthcoming 
supplemental NPRM on the content of the consumer information and 
consumer education portions of the tire fuel efficiency consumer 
information program.
---------------------------------------------------------------------------

    \223\ Tire Fuel Efficiency NPRM, supra note 9, at 29580.
---------------------------------------------------------------------------

    Authority to establish safety and durability ratings: NHTSA's 
proposal provided that alongside a fuel efficiency rating, tire 
manufacturers would provide safety and durability ratings. RMA and Ford 
argued that EISA does not give NHTSA authority to establish a new 
rating system for consumer information on safety or durability. 
According to RMA and Ford, because EISA only directs NHTSA to establish 
a national tire fuel efficiency rating system, NHTSA is not authorized 
by EISA to create new ratings or consumer information requirements for 
the safety and durability of replacement tires.\224\
---------------------------------------------------------------------------

    \224\ RMA Comments, Appendix 3, Docket No. NHTSA-2008-0121-
0036.4 at 2-3; Ford Comments, Docket No. NHTSA-2008-0121-0038.1 at 
2-3.
---------------------------------------------------------------------------

    Agency response: Section 111 of EISA directs NHTSA to promulgate 
rules establishing a ``national tire fuel efficiency consumer 
information program for motor vehicle replacement tires * * * to 
educate consumers about the effect of tires on automobile fuel 
efficiency, safety and durability.'' \225\ RMA recognizes that NHTSA 
has the authority under EISA to require replacement tire fuel 
efficiency rating information. And RMA concedes that EISA gives NHTSA 
the authority to include traction and treadwear ratings in the 
label.\226\ But RMA states that because EISA directs NHTSA to 
promulgate regulations that include ``a national tire fuel efficiency 
rating system,'' EISA provides limited authority regarding new 
``safety'' and ``durability'' ratings. More particularly, RMA contends 
that EISA does not give NHTSA authority to create new ``safety'' or 
``durability'' consumer rating systems or mandate new consumer 
information on these attributes at the point of sale. RMA instead 
suggests that as to these concerns, NHTSA is limited to the UTQGS 
ratings: ``[t]he fact that the UTQGS system already exists enables 
NHTSA to use the existing wet traction and treadwear to satisfy the 
requirements.'' \227\
---------------------------------------------------------------------------

    \225\ 49 U.S.C. 32304A(a)(1).
    \226\ RMA Comments, Appendix 3, Docket No. NHTSA-2008-0121-
0036.4 at 3.
    \227\ Id. at 3.
---------------------------------------------------------------------------

    NHTSA interprets EISA to provide NHTSA authority to establish new 
``safety'' and ``durability'' rating systems and to require consumer 
information on these attributes of tires. The Congress spoke clearly. 
NHTSA is required to establish a national tire fuel efficiency consumer 
information program for replacement tires. Congress specified that this 
program is to educate consumers about the effect of tires on automobile 
fuel efficiency, safety and durability.\228\ Congress further stated 
what the consumer information program is to include. Among others, it 
is to include a national tire fuel efficiency rating system to assist 
consumers in making more educated tire purchasing decisions.\229\ It 
also is to include requirements for providing information at the point 
of sale.\230\ Thus, the scope of the national tire fuel efficiency 
consumer information program is set forth in subsection (a)(1). It 
covers consumer information on automobile fuel efficiency, safety, and 
durability for replacement tires. For each of these attributes, under 
subsection (a)(2), the national tire fuel efficiency consumer 
information program is to include, among others, a national tire fuel 
efficiency rating system and consumer information. This is a new 
program, because the rule was to ``establish'' a program.\231\ EISA 
does not use the terms modify or amend with reference to an existing 
program. For this new program, the rating system under subsection 
(a)(2)

[[Page 15925]]

of Section 32304A is not limited to ``automobile fuel efficiency'' of 
tires because both subsection (a)(1) and subsection (a)(2)(A) refer to 
the rule establishing a ``national tire fuel efficiency'' consumer 
information program, and automobile fuel efficiency is only one 
attribute of the information program. The others are safety and 
durability.\232\ Moreover, subsection (a)(2)(A) does not differentiate 
the agency's authority on that aspect of the consumer information 
program providing a rating on ``automobile fuel efficiency'' and those 
aspects of the program providing ratings on ``safety'' and 
``durability.'' \233\ Accordingly, EISA requires NHTSA to establish a 
new program with ratings on safety and durability.
---------------------------------------------------------------------------

    \228\ 49 U.S.C. 32304A(a)(1).
    \229\ 49 U.S.C. 32304A(a)(2)(A).
    \230\ 49 U.S.C. 32304A(a)(2)(B).
    \231\ 49 U.S.C. 32304A(a)(1).
    \232\ See 49 U.S.C. 32304A(a)(1).
    \233\ See id.
---------------------------------------------------------------------------

    To the extent that the Congress did not speak directly to the 
question whether it intended that NHTSA promulgate rules creating new 
``safety'' or ``durability'' consumer rating systems or mandate new 
consumer information on these attributes at the point of sale, NHTSA 
interprets EISA to provide that authority. As noted above, Section 111 
of EISA requires NHTSA to establish a ``national tire fuel efficiency 
consumer information program for motor vehicle replacement tires * * * 
to educate consumers about the effect of tires on automobile fuel 
efficiency, safety and durability.'' \234\ The statute provides broad 
authority for a consumer information program rule to cover automobile 
fuel efficiency, safety and durability. It does not prescribe the 
contours of the rule covering automobile fuel efficiency, safety and 
durability consumer information. It sets only minimum requirements on 
what the rulemaking shall ``include.'' \235\ Nothing in EISA limits 
NHTSA, in promulgating the national tire fuel efficiency consumer 
information program, to adopting existing ratings from the UTQGS 
program. In fact, the UTQGS ratings are not mentioned in 49 U.S.C. 
32304A. Moreover, as reflected in EISA, tires have a number of 
attributes in which consumers would be interested. In addition to fuel 
economy, these include safety and durability. Congress left it to NHTSA 
how to rate safety and durability. The effectiveness of the consumer 
education program depends in part on having effective and consistent 
methods of rating fuel efficiency, safety, and durability, and by 
including all ratings at the point of sale. In view of the 
Congressional direction that NHTSA establish ``a national tire fuel 
efficiency consumer information program'' that includes a ``rating 
system * * * to assist consumers in making more educated tire 
purchasing decisions,'' NHTSA interprets EISA to give the agency 
authority to establish a rating system that would educate consumers on 
tire characteristics that may offer tradeoffs among the important tire 
characteristics of fuel efficiency, safety, and durability. Under the 
statute, this may or may not be based upon measurements from 
established UTQGS test procedures.
---------------------------------------------------------------------------

    \234\ Id.
    \235\ 49 U.S.C. 32304A(a)(2).
---------------------------------------------------------------------------

3. Durability
    The rolling resistance, traction, and wear characteristics of tires 
are not independent of one another. The tread has a major influence on 
rolling resistance because it contains much of the rubber in the tire 
that causes energy loss. The same tread deformation contributes to the 
tire's traction capabilities. A loss in wet traction capability because 
of treadwear is the main reason for tire replacement.\236\
---------------------------------------------------------------------------

    \236\ 2006 NAS Report, supra note 4, at 58.
---------------------------------------------------------------------------

    For purposes of this program, NHTSA believes that the durability of 
a tire refers to how long a tire is going to last. That is, how long it 
is going to maintain sufficient tread depth for the safe operation and 
to maintain the strength the tire had when it was initially purchased. 
A treadwear rating measures a tire's wear rate compared with that of 
control tires. Treadwear life, therefore, corresponds to treadwear 
durability of a tire. In the NPRM, NHTSA sought comments on other 
potential ways to communicate durability, but no commenter suggested 
anything other than tread life as a measure for durability. Tire Rack 
commented that it believed that treadwear life has been the most 
important rating to consumers under the UTQGS program and is the most 
frequently researched tire rating.\237\
---------------------------------------------------------------------------

    \237\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
3.
---------------------------------------------------------------------------

    NHTSA stated in the NPRM that the UTQGS rating system for treadwear 
is the only metric for which consistent data are widely available for a 
range of passenger car tires. Accordingly, NHTSA proposed to specify 
the UTQGS treadwear procedure to rate tires for durability on the same 
scale and label as fuel efficiency via rolling resistance rating.\238\ 
Consumers Union commented that it disagreed with incorporating the 
UTQGS treadwear rating system into another rating system because in its 
experience, consumers do not understand the current UTQGS treadwear 
rating.\239\ Consumers Union stated that because ratings are assigned 
by the tire manufacturers, tire manufacturers do not always disclose 
the full potential of a tire's treadwear performance. Michelin 
commented that to have the current UTQGS treadwear test method yield 
truly representative wear results, changes to the test procedure are 
necessary.\240\ Michelin conceded that changes of this nature are 
likely beyond the scope of this rulemaking.
---------------------------------------------------------------------------

    \238\ See 49 CFR 575.104(e).
    \239\ Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 
at 5.
    \240\ Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 9.
---------------------------------------------------------------------------

    Agency response: As noted in Michelin's comments, the NPRM 
acknowledged the limits of the existing UTQGS system.\241\ However, 
given the statutory deadline for NHTSA to establish this program, NHTSA 
believes that using already established test procedures specified in 
the UTQGS regulations is the only viable option at this time to fulfill 
the statutory requirement that this consumer information program 
educate consumers about tires' relationships to fuel efficiency, 
safety, and durability. The UTQGS test method for measuring tread life 
is the only metric for which consistent data are widely available for a 
range of passenger car tires. NHTSA will continue, however, to explore 
other test methods that could be used to establish a metric for a 
durability rating. NHTSA will consider future revisions of the 
treadwear test procedure if information suggests those revisions would 
enhance the program.
---------------------------------------------------------------------------

    \241\ Tire Fuel Efficiency NPRM, supra note 9, at 29561, 29573-
29575. The UTQGS is discussed in more detail later in this notice.
---------------------------------------------------------------------------

B. How Will the Rating System Information Be Conveyed to Consumers?

    As noted above, NHTSA is not specifying the content or requirements 
of the consumer information and education portions of the program. In 
light of the important objectives of this rulemaking, we are continuing 
to work to improve the content and format of the consumer information 
so that consumers will, in fact, be adequately informed. Specifically, 
NHTSA will be conducting additional consumer testing to explore how 
consumers will best comprehend information in each of the three 
categories discussed above. After additional consumer testing, NHTSA 
will publish a new proposal for the consumer information and education 
portion of this new program.
    NHTSA will be conducting additional consumer research to identify 
candidate

[[Page 15926]]

label designs (and variations), examine consumer comprehension of such 
concepts, and examine consumer preferences for information transmission 
formats. NHTSA has been reviewing recommendations on regulatory reform 
in a recent White House report to Congress and is taking those ideas 
into consideration in developing the new research plan.\242\ NHTSA has 
also been consulting with other government agencies, including EPA, 
DOE, the Food and Drug Administration, and the Federal Trade 
Commission, to help identify best practices for research for consumer 
education programs. NHTSA is also taking into consideration its own 
previous research before and after the NPRM was published.
---------------------------------------------------------------------------

    \242\ Office of Management and Budget, 2009 Report to Congress 
on the Benefits and Costs of Federal Regulations and Unfunded 
Mandates on State, Local, and Tribal Entities (Jan. 27, 2010), 
available at http://www.whitehouse.gov/omb/assets/legislative_reports/2009_final_BC_Report_01272010.pdf (last accessed March 
10, 2010).
---------------------------------------------------------------------------

    NHTSA received numerous comments in response to the consumer 
information proposals in the NPRM. These included comments for and 
against a combined or overall rating, comments on NHTSA's proposed 0-
100 rating scale, suggestions for alternatives to this scale, and 
comments on providing additional context for the ratings. However, in 
most instances, these comments reflected little other than the 
commenter's opinion on what would constitute an effective consumer 
information program. NHTSA wishes to gather more concrete information 
to guide its decision-making process on these requirements. However, 
NHTSA will take these comments into consideration when developing the 
research plan and also in the future proposal for these requirements.
    To further the development of the consumer information and consumer 
education portions of the tire fuel efficiency consumer information 
program, NHTSA recently announced that it will hold a public meeting on 
a new draft consumer research plan on Friday, March 26, 2010 at the 
U.S. Department of Transportation Headquarters building.\243\ The 
agency has opened a new docket for the public meeting, Docket No. 
NHTSA-2008-0018, and on that docket interested members of the public 
can access the draft research plan, early agency consumer research, and 
any written comments submitted at the meeting or in response to the 
meeting notice. NHTSA will consider the public comments received in 
developing a research plan to aid in the development of consumer 
information requirements and NHTSA's consumer education plan regarding 
tire fuel efficiency. Depending on the results of that meeting, NHTSA 
may conduct some focus groups to help it refine the concepts that will 
be tested.
---------------------------------------------------------------------------

    \243\ Notice of Public Meeting; Tire Fuel Efficiency, 75 FR 
11806 (March 12, 2010), Docket No. NHTSA-2010-0018-0001.
---------------------------------------------------------------------------

    The primary focus of the research will be a comprehension survey, 
the final design of which will depend on the final number of concepts 
and variations identified in the public meeting and focus groups (if 
conducted). The research design may include both within and between-
subjects factors. In particular, the draft research plans specifies 
that subjects will be randomly assigned to a given label, however, 
variations of the same label may be presented within subjects. The main 
factors will be counterbalanced and the presentation order randomized 
as needed to provide internal validity. Performance measures will 
include percent of correct response (response rate) and purchase 
intention. The survey and experimental designs will also consider the 
potential for subject fatigue by keeping the number of questions and 
survey duration as short as possible.
    There is a need to collect quantitative information about consumer 
comprehension of label concepts describing tire attributes, given the 
availability of new information about tires' fuel efficiency. The 
information on consumer comprehension will ensure that the selected 
label will provide accurate, consistent and valuable information to 
consumers purchasing replacement tires. Some of the key questions 
include:
     What information would be provided to consumers of 
replacement tires?
     What is the best format (metric(s), format(s)) to provide 
the information?
     How does the difference in the scale/rating system affect 
consumer comprehension of the information provided?
     Do consumers understand the information provided when 
generalized statements (i.e., caveats) are provided?
    The draft consumer research plan identifies three objectives for 
new consumer research:
     Develop label concepts displaying information on tire fuel 
efficiency, safety, and durability.
     Collect data on consumer comprehension of the information 
provided by various label concepts and data on purchase intention.
     Rank order concept labels based on quantitative data on 
consumer comprehension.
    As discussed above, after additional consumer testing, NHTSA will 
re-propose the consumer information component of this new program. 
These requirements may include labels and retailer requirements such as 
originally proposed, or alternative and/or additional requirements 
based upon the results of the research.

VII. Information Dissemination and Reporting Requirements for Tire 
Manufacturers and Tire Retailers

A. Requirements for Tire Retailers

1. NHTSA Will Re-Propose Information Dissemination Requirements for 
Tire Retailers
    Based on NHTSA's pre-NPRM understanding of the average tire 
purchaser and on the tire purchasing process generally, NHTSA proposed 
to require that tire retailers who have a display room, i.e., those 
that present sample tires offered for sale to consumers, display a tire 
fuel efficiency consumer information program poster that NHTSA would 
print and provide to retailers. The NPRM explained that the agency 
believed that this requirement would be the most successful method of 
encouraging consumers to consider the new ratings at the point of sale. 
As for poster content, the NPRM stated that this poster would make 
consumers aware that there are comparative government tire ratings 
available, and would communicate the importance of comparing 
replacement tire ratings as well as the importance of proper tire 
maintenance.
    NHTSA sought comment on the following principles it proposed be 
conveyed in the poster:
     Your choice of tires you buy to put on your vehicles 
affects:
    [cir] The gas mileage your vehicle will get,
    [cir] The traction and other safety characteristics your vehicle 
can achieve, and
    [cir] How long you can reasonably expect it will be before you'll 
need to buy another new set of tires.
     There is a new government program that requires new tires 
for cars, vans, and SUVs to have a paper label on the tire tread to 
show you the tire's rating for fuel efficiency, safety, and durability.
     Ask your dealer for the ratings for the tires you are 
considering for your vehicle.
     More information about this ratings program and a complete 
listing of the ratings for all these tires is available at http://www.nhtsa.gov.
     Whatever tire you choose, you need to keep it properly 
inflated to get the

[[Page 15927]]

best fuel efficiency, safety, and tire life that the tire can deliver.
    RMA commented that NHTSA should require tire retailers to display 
the proposed poster and make the rating information available to 
consumers in the tire retailer showrooms or waiting areas. RMA 
recommended that NHTSA give tire retailers options for making this 
information available and require that each retailer choose one or more 
options that suits their business model and needs.\244\ RMA suggested 
these retailer requirements should be in lieu of requiring the ratings 
on a tire label, for reasons discussed below in section VII.B.1. RMA 
and Consumers Union both suggested that NHTSA produce and distribute to 
tire retailers nationwide a tire fuel efficiency program booklet, as 
NHTSA produces for the UTQGS program.\245\
---------------------------------------------------------------------------

    \244\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 7.
    \245\ Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 
at 3; RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 7.
---------------------------------------------------------------------------

    TIA stated that the proposed tire label and poster requirement are 
passive communication tools and only a starting point for consumer 
education.\246\ TIA commented that it believes NHTSA is underestimating 
the importance of the dialog between the sales associate and the 
consumer at the point of sale. TIA stated that results from NHTSA's 
focus group research and the UC Davis Workshop point out the importance 
of the seller in the process of educating the consumer. Accordingly, 
TIA recommended a training program for tire retailer sales associates, 
which TIA would run ``with proper funding.'' TIA stated that it is in 
the best position to run an education and incentive program for tire 
retailer sales associates.
---------------------------------------------------------------------------

    \246\ TIA Comments, Docket No. NHTSA-2008-0121-0039.1 at 1-10.
---------------------------------------------------------------------------

    Consumers Union commented that NHTSA should provide better guidance 
on how to best ensure that consumers can see the proposed educational 
poster at the point of sale.\247\ Regarding the content of the proposed 
informational poster, Consumers Union recommended that point of sale 
information and posters emphasize the benefits of proper car and tire 
care, including maintaining proper tire inflation pressure, checking 
wheel alignment, and rotating tires to optimize tire fuel efficiency, 
traction, and tread wear.\248\ Public Citizen et al. supported NHTSA's 
proposed ``principles'' as laid out above of what information should be 
included on the poster.\249\ Additionally, Public Citizen et al. 
commented that the proposed informational poster should include at a 
minimum explanations of what each of the ratings categories means, as 
well as direction to NHTSA's Web site and a statement about the 
importance of proper tire inflation.
---------------------------------------------------------------------------

    \247\ Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 
at 6.
    \248\ Consumers Union recommended this language instead of the 
proposed poster language that emphasized tire inflation ``to get the 
best fuel efficiency, safety, and tire life.''
    \249\ Public Citizen et al. Comments, Docket No. NHTSA-2008-
0121-0043.1 at 6.
---------------------------------------------------------------------------

    Agency response: In order to have the full benefit of any new 
understanding of how consumers best comprehend information gained from 
the agency's new consumer research, NHTSA will re-propose requirements 
for tire retailers in the supplemental NPRM on the consumer information 
and education portion of the tire fuel efficiency consumer information 
program.
2. NHTSA Will Re-Propose Requirements Regarding the Label
    The NPRM proposed to require that tire retailers leave the paper 
label which displays the tire fuel efficiency rating graphic on the 
tire until the tire is sold.\250\
---------------------------------------------------------------------------

    \250\ Note that NHTSA uses the term ``paper label'' in the 
colloquial sense; many labels on tires are actually made of plastic.
---------------------------------------------------------------------------

    Ford recommended that NHTSA add a requirement to the proposed 
regulation that explicitly states that tire retailers are required to 
maintain labels on tires through the point of sale similar to 
prohibitions from removing Monroney window labels on vehicles.\251\ 
Ford suggested that an exception to such requirement be made where the 
tires have been installed onto a customer's vehicle, but that NHTSA 
should still require that the tire retailer convey the information on 
the label to the consumer. Ford reasoned that if the regulations do not 
require that the information be explained or even received by the 
consumer the potential benefits of the program will be substantially 
reduced.
---------------------------------------------------------------------------

    \251\ Ford Comments, Docket No. NHTSA-2008-0121-0038.1 at 3. A 
Monroney label is the price sticker label required on new 
automobiles that contains the safety rating information developed by 
NHTSA in its New Car Assessment Program (NCAP). See 49 CFR 575.301.
---------------------------------------------------------------------------

    Similarly, ICCT suggested that NHTSA require tire retailers who 
mount tires provide tire efficiency information to consumers before the 
tire is purchased and mounted.\252\ ICCT stated that providing this 
information at the point of purchase through a label that is in many 
cases visible to the consumer only after installation would undermine 
the effectiveness of the program.
---------------------------------------------------------------------------

    \252\ ICCT Comments, Docket No. NHTSA-2008-0121-0042.1 at 1-2.
---------------------------------------------------------------------------

    Agency response: As noted above, in order to have the full benefit 
of any new understanding of how consumers best comprehend information 
gained from the agency's new consumer research, NHTSA will re-propose 
requirements for tire retailers in the supplemental NPRM on the 
consumer information and education portion of the tire fuel efficiency 
consumer information program.

B. Requirements for Tire Manufacturers

1. NHTSA Will Re-Propose Requirements Regarding Communication of 
Ratings
    In the NPRM, NHTSA proposed two alternatives for tire manufacturers 
to present the required rating information on a paper label affixed to 
each subject replacement tire. A tire manufacturer could fulfill the 
requirement by placing the required rating graphic somewhere on the 
paper labels already required to be affixed to each individual tire by 
UTQGS requirements.\253\ Alternatively, a tire manufacture could 
fulfill the tire fuel efficiency labeling requirements by affixing a 
separate paper label with just the tire fuel efficiency label graphic 
on it.
---------------------------------------------------------------------------

    \253\ See 49 CFR 575.104(d)(i)(B).
---------------------------------------------------------------------------

    RMA opposed the requirement of a tire label as a means of providing 
point of sale information to consumers.\254\ RMA commented that the 
proposed label would be extremely costly to produce, especially in 
color, and would lead to little, if any, benefit, since consumers would 
be unlikely to see the label.\255\ RMA suggested that instead of 
requiring tire manufacturers to put ratings on a tire label, NHTSA 
should require tire retailers to make the ratings information available 
to consumers.
---------------------------------------------------------------------------

    \254\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 7.
    \255\ For a full discussion of RMA's comments on NHTSA's cost 
estimates of the label, see section IX below and the Final 
Regulatory Impact Analysis, which will be placed in this docket and 
will be available on NHTSA's Web site, http://www.nhtsa.gov.
---------------------------------------------------------------------------

    Consumers Union also expressed concerns that a consumer might not 
see a label on the tire they purchase if the tire retailer is 
installing the tires. Consumers Union commented that a paper label 
affixed to a tire may be insufficient because if the tire is purchased 
online, consumers may not have the ability to comparatively view the 
label and compare to labels on other tires.\256\
---------------------------------------------------------------------------

    \256\ Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 
at 3.
---------------------------------------------------------------------------

    TIA similarly commented that a requirement to place rating 
information on the paper tire label would not help

[[Page 15928]]

consumers make a tire choice for their vehicle.\257\ NADA commented 
that rather than requiring the ratings on the tire label, consumers 
would be better served by the comparative tire rating information Web 
site that could be referenced by point of sale posters.\258\
---------------------------------------------------------------------------

    \257\ TIA Comments, Docket No. NHTSA-2008-0121-0039.1 at 1.
    \258\ NADA Comments, Docket No. NHTSA-2008-0121-0041.1 at 1.
---------------------------------------------------------------------------

    Many commenters expressed support for NHTSA's proposed paper label 
requirement. Public Citizen et al. supported ratings appearing on 
individual tires, and stated a preference for requiring molding the 
information on tire sidewalls.\259\ Tire Rack commented that tire 
labels will positively confirm the rating of specific tires.\260\ AAA 
commented that the tire labeling will provide enhanced benefits for 
consumers, but also requires considerable consumer education to achieve 
the full potential of the proposed labeling recommendations.\261\ ICCT 
commented that physically attaching a paper label to each tire is an 
important step forward.\262\ Ford supported the label requirement by 
stating that in addition NHTSA should add the requirement that 
explicitly states that tire retailers must maintain labels on tires 
through the point of sale.\263\ NRDC stated in several places that 
rating and labeling was an important first step towards a comprehensive 
program.\264\
---------------------------------------------------------------------------

    \259\ Public Citizen et al. Comments, Docket No. NHTSA-2008-
0121-0043.1 at 3.
    \260\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
1.
    \261\ AAA Comments, Docket No. NHTSA-2008-0121-0047.1 at 2.
    \262\ ICCT Comments, Docket No. NHTSA-2008-0121-0042.1 at 1.
    \263\ Ford Comments, Docket No. NHTSA-2008-0121-0038.1 at 3.
    \264\ NRDC Comments, Docket No. NHTSA-2008-0121-0040.1.
---------------------------------------------------------------------------

    Several commenters also implicitly supported requiring tire 
manufacturers to print the ratings information on the tire label by 
calling the ratings ``the label'' and by commenting on various proposed 
requirements associated with the content of the label. For instance, 
the European Commission did not oppose the label requirement and 
commented that tires that are already stamped with the week of 
production should not need to print that information on the label. 
Ford, GM, Advocates, and NRDC called the ratings graphic ``the label'' 
on multiple occasions.
    Agency response: As noted above, NHTSA is not specifying the 
content or requirements of the consumer information program at this 
time. In light of the important objectives of this rulemaking, we are 
continuing to work to improve the content and format of the label so 
that consumers will, in fact, be adequately informed. After additional 
consumer testing, NHTSA will publish a new proposal for the consumer 
information portion of this new program.
    In the NPRM, we proposed to specify a minimum size for the tire 
fuel efficiency rating system graphic (4.5 inches high and 5.5 inches 
wide). The minimum size specification was proposed to ensure that the 
rating graphic will be legible on the label. Tire Rack commented that 
even if the label was oriented differently, the proposed 4.5 inch 
requirement would be too wide for many tire sizes.\265\ NHTSA agrees 
with Tire Rack that the proposed size requirement may pose a problem 
for some tires and will explore alternative options in the forthcoming 
supplemental NPRM to re-propose the required label.
---------------------------------------------------------------------------

    \265\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
6.
---------------------------------------------------------------------------

2. Data Reporting
    The NPRM proposed to require tire manufacturers to report to NHTSA 
for each tire SKU that is individually rated under this tire fuel 
efficiency consumer information program the following data:
     Rolling resistance force (RRF), as computed from the ISO 
28580 test (in Newtons) and followed in parenthesis by the equivalent 
pounds-force, e.g., 5 Newtons (1.12 lbf).
     Test load, as specified in the ISO 28580 test procedure 
(in Newtons) and followed in parenthesis by the equivalent pounds-
force, e.g., 5 Newtons (1.12 lbf).
     Rolling resistance rating.
     Wet traction rating.
     Average peak coefficient of friction for asphalt, as 
measured during the UTQGS traction test procedure (49 CFR 575.104(f)).
     Average peak coefficient of friction for concrete, as 
measured during the UTQGS traction test procedure (49 CFR 575.104(f)).
     Adjusted peak coefficient of friction for asphalt 
([micro]APA).
     Adjusted peak coefficient of friction for concrete 
([micro]APC).
     Treadwear rating.
     Wear rate of tested tire, as measured during the UTQGS 
treadwear procedure (49 CFR 575.104(e)).
    NHTSA gave several reasons for proposing that the tire manufacturer 
submit these various measurements to the agency, which included (1) it 
would help with enforcement of the ratings; and (2) it would contribute 
to NHTSA's online tires database.
    Submission of test values: RMA opposed the requirement of reporting 
any measured or calculated test values because they state that 
submission of data are not necessary for either enforcement of a self-
certified rating system or as a method of estimating potential fuel 
savings.\266\ RMA commented that requiring tire test data or calculated 
values to be submitted to NHTSA to assure compliance is overly broad, 
costly, and unnecessary to meet the requirements of the EISA or ensure 
compliance. Further, RMA stated that reporting this type of information 
would cause tire manufacturers to suffer competitive harm because a 
company's approach to risk would be accessible by competitors.
---------------------------------------------------------------------------

    \266\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 11-12; 
RMA Comments Appendix 3, Docket No. NHTSA-2008-0121-0036.4 at 8-17.
---------------------------------------------------------------------------

    From a legal standpoint, the RMA had concerns that direct 
submission of test data values circumvents NHTSA procedures to 
determine whether such information qualifies for confidential treatment 
as is done in safety investigations, is overly burdensome, and 
conflicts with the Paperwork Reduction Act. The RMA contended that 
competitors would not be able to determine RRF rolling resistance 
values, which they consider proprietary, from the fuel efficiency 
rating on the sticker and the published formulas. Therefore, a 
government database would give competitors access to tire 
characteristics without the expense of testing and calculations, thus 
causing competitive harm. RMA expressed worries that competitors could 
send misconstrued data to another producer's dealers, which would 
strain the producer-dealer relationship. RMA also commented that making 
data publicly available is likely to confuse the public and result in 
unintended misuse and misunderstandings of the data, and may be used in 
contexts that prejudice RMA members.
    JATMA did not support the requirement to report average and 
adjusted peak coefficients of friction for asphalt and concrete.\267\
---------------------------------------------------------------------------

    \267\ JATMA Comments, Docket No. NHTSA-2008-0121-0031.1 at 1.
---------------------------------------------------------------------------

    NRDC supported requiring manufacturers to report rolling resistance 
data for all replacement tire models offered for sale.\268\ NRDC 
commented that to correct the lack of consumer information market 
failure effectively, the rating system must be based on credible 
information. NRDC

[[Page 15929]]

further argued that by requiring data reporting, NHTSA can use 
independent testing to verify manufacturer rating claims. Additionally, 
NRDC stated that fully disclosed rolling resistance data will make it 
suitable for widely-recognized endorsement labels like Energy Star or 
SmartWay.
---------------------------------------------------------------------------

    \268\ NRDC Comments, Docket No. NHTSA-2008-0121-0040.1 at 2-4.
---------------------------------------------------------------------------

    Ford recommended that tire's test load information be provided to 
consumers since the test is performed at a fixed percentage of a tire's 
maximum load.\269\ Therefore, the consumer and retailer might be 
confused when they observe significantly different rolling resistance 
rating for different sizes within a tire line.
---------------------------------------------------------------------------

    \269\ Ford Comments, Docket No. NHTSA-2008-0121-0038.1 at 3.
---------------------------------------------------------------------------

    Agency response: Based on comments, the agency is significantly 
decreasing the scope of data manufacturers are required to submit under 
this program from ten items to only the three ratings, eliminating any 
proposed requirements for detailed test data. In specific, the agency 
will require manufacturers to report for each tire rated under this 
program the following data:
     Rolling Resistance rating, based on the rating formula 
established in a future notice finalizing the consumer information 
component of the program.
     Wet Traction rating, based on the rating formula 
established in a future notice finalizing the consumer information 
component of the program.
     Treadwear rating, based on the rating formula established 
in a future notice finalizing the consumer information component of the 
program.
     Which tire models and sizes it manufactures which the 
manufacturer are claiming are excluded under the applicability of this 
rule and, thus, are not rated.
    The agency agrees with the RMA's comments that data submission is 
not specifically required by statute. However, the agency is requiring 
the three ratings for each tire in the system in order to provide 
consumers with a database that allows cross-comparisons of tire brands, 
and for the functioning of the online fuel economy calculator. 
Requiring data submission is not contrary to NHTSA practice, as the 
agency requires data submission in other programs, such as the Early 
Warning Reporting (EWR) data submission requirements for tire 
manufacturers.
    Citing the lack of mandatory data submission for tire safety 
standards as a basis for not requiring data submission for consumer 
information overlooks the purpose of the two types of regulations. The 
purpose of the tire safety standards is to establish minimum safety 
performance requirements for new tires sold in the United States. Self-
certification under the safety standards generates the consumer 
information on performance, as all tires sold in this market must 
achieve a ``Pass'' in a ``Pass/Fail'' test. In contrast, consumer 
information standards additionally contain relative levels of 
performance that must be communicated to consumers.
    In terms of past practice, when UTQGS was designed in the 1960s, 
online databases did not exist. Information for that consumer 
information program was molded on the tire by the manufacturer in hopes 
that consumers would be able to weigh relative choices at the point of 
sale. Today, it is common for consumers to conduct online research in 
advance of purchases, or even purchase tires online. Requiring tire 
manufacturers to submit their ratings for each tire SKU rated will 
allow NHTSA to give consumers one central database for tire ratings. 
With all tire ratings on NHTSA's Web site cross-comparisons of tire 
performance characteristics will be far more effective than if 
consumers had to visit the Web sites of multiple manufacturers and 
vendors. Compliance audits of manufacturers may be sufficient to assure 
that the reported ratings are accurate, but it does not make 
information for all rated tires available to consumers. It is 
significantly more cost-effective to require tire manufacturers to 
submit the ratings to the agency than NHTSA creating the database 
itself due to the time and labor the government would need to expend to 
collect all the ratings for 20,000 tire SKUs.
    In terms of data submission being costly, mandatory submission of 
data does not require any manufacturer to conduct any additional tests 
on top of what they would need to do to self-certify the ratings given 
to the tires.\270\ The only direct costs borne by a manufacturer due to 
a data reporting requirement are those of the actual collection and 
submission of the data. However, each tire manufacturer already 
collects information on each SKU to submit for EWR data submission 
requirements.\271\ Therefore, adding a few more columns onto that 
submission, as discussed immediately below, will not be a significant 
additive cost.
---------------------------------------------------------------------------

    \270\ See section III.A.5 of this notice for a discussion of 
self certification.
    \271\ Responding to the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act requirements in 2002, 
NHTSA issued rules requiring that motor vehicle and equipment 
manufacturers provide communications regarding defective equipment, 
information on foreign safety recalls and certain early warning 
data. 49 CFR Part 579; see Final Rule, Reporting of Information and 
Documents About Potential Defects Retention of Records That Could 
Indicate Defects, 67 FR 45822 (July 10, 2002); Final Rule, Reporting 
of Information About Foreign Safety Recalls and Campaigns Related to 
Potential Defects, 67 FR 63295 (Oct. 11, 2002).
---------------------------------------------------------------------------

    The agency has agreed to not require submission of the base test 
values from which tire manufacturers calculate the ratings based on 
comments that it would make public each manufacturer's statistical 
approach to risk in terms of how each manufacturer is rating tires to 
prevent the possibility of non-compliance. Should a non-compliance of a 
tire arise, the agency has sufficient regulatory processes to obtain 
the base test values from the manufacturers used to generate the 
ratings.
    NHTSA finds technical merit in Ford's request that the actual test 
load of the tire be provided to consumers to provide context on why 
rolling resistance may vary by vehicle application. However, this 
information is far too complex and confusing for the average consumer 
to understand and would add unnecessary cost. The agency's tire Web 
site will note that the tire fuel efficiency rating is derived from a 
measure of a tire's rolling resistance at a fixed percentage of a 
tire's maximum load, and that rolling resistance can vary based on a 
tire's load.
    Excluded tires: In the NPRM, NHTSA requested comments on whether it 
should mandate in the manufacturer reporting requirements that each 
manufacturer include with its reports a list of all tire models and 
sizes that it is claiming are excluded from today's proposed 
requirements. The NPRM explained that the limited production exclusion 
is not obvious just by examining the tire, and requiring manufacturers 
to report this information would allow NHTSA to quickly verify whether 
or not the lack of a label was an enforcement concern.
    The Specialty Equipment Market Association (SEMA) opposed the 
requirement that tire manufacturers report which limited production 
tires they manufacture which are excluded from the label requirements 
of this rule.\272\ SEMA commented that the exclusion of certain tires 
recognizes that the limited production tire manufacturers are small 
businesses and that it would be cost-prohibitive to apply the consumer 
information requirements, in any form, to these companies. Further, 
SEMA commented

[[Page 15930]]

that consumers purchasing specialized tires that fall under the 
exemption will not be seeking comparative fuel efficiency ratings for 
these tires, because consumers purchase these specialized tires based 
on factors and requirements other than fuel efficiency (e.g., style, 
performance, specialized shape and size). Accordingly, SEMA stated that 
there would not be any consumer confusion in the marketplace on why 
these specialized tires do not have fuel efficiency ratings. SEMA 
stated that if NHTSA believes it must require the reporting of excluded 
tires, however, that it should be in the form of a one-time statement 
from tire manufacturers that are claiming the exemption, rather than 
requiring them to submit this information in the EWR data submission.
---------------------------------------------------------------------------

    \272\ SEMA Comments, Docket No. NHTSA-2008-0121-0045.1 at 2.
---------------------------------------------------------------------------

    Michelin expressed support for requiring the reporting of tires 
that qualify for the low volume exemption and are not rated or have 
performance grades substituted.\273\ Michelin commented that making 
public this data will provide better quality information for consumers 
in that it will prevent uncertainties as to why consumers cannot find 
information on a particular tire.
---------------------------------------------------------------------------

    \273\ Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 
13.
---------------------------------------------------------------------------

    ICCT agreed that manufacturers should be required to report which 
tires are exempted, and the basis for the exemption.\274\ ICCT further 
commented that the exemption data should be included in the NHTSA 
database to inform consumers that those tires have been excluded.
---------------------------------------------------------------------------

    \274\ ICCT Comments, Docket No. NHTSA-2008-0121-0042.1 at 2.
---------------------------------------------------------------------------

    Agency response: The agency has decided to require the submission 
of information on excluded tires in the reporting requirements. For 
manufacturers that are otherwise required to report ratings data, this 
information should be included with those data submissions. For 
manufacturers that only produce limited production tires, or other 
tires that are excluded from the applicability of today's program, 
these manufacturers must provide a one-time list of each one of its 
tire models/sizes, and a statement that every one of its tire models/
sizes are excluded from the applicability of this regulation and, thus, 
are not rated. When such a manufacturer introduces a new tire model or 
size that it also believes is excluded under the rule, it must send a 
statement declaring as such to NHTSA 30 days before it is first offered 
for sale.
    NHTSA agrees with Michelin and ICCT that this information would be 
useful to consumers who wish to understand which tires are not rated 
and why. Thus, NHTSA will make this information available on its tire 
Web site.
    Requiring the submission of which tires are not rated because they 
are excluded under the statute will not be an additional burden for 
manufacturers that are already required to submit periodic production 
data under EWR requirements.\275\ Allowing a one-time statement from 
manufacturers who only produce tires that are excluded from 
applicability of this final rule will impose a minimal burden on those 
manufacturers.
---------------------------------------------------------------------------

    \275\ 49 CFR 579.26.
---------------------------------------------------------------------------

    Format of the data submission: The NPRM requested comment on what 
format to require tire manufacturers to submit data. NHTSA proposed 
that the agency will design a Microsoft Excel template for data 
submission and will make this template available for download from the 
agency Web site. The NPRM explained that NHTSA was also looking into 
using an online data submission system and the possibility of creating 
one centralized location where tire manufacturers will submit all 
required data submissions. The agency sought comment on the feasibility 
of using both a spreadsheet template and an online data reporting 
system for having tire manufacturers submit data for the fuel 
efficiency consumer information program ratings. No commenter submitted 
suggestions regarding methods for data submission.
    NHTSA will require that the rating information for each SKU to be 
submitted as new columns in the EWR submission. Tire manufacturers are 
currently required to report quarterly production information 
separately with respect to each tire line, size, SKU, plant where 
manufactured, and model year of tire manufactured during the reporting 
period and the four calendar years prior to the reporting period, 
including tire lines no longer in production.\276\ The required 
production information includes whether the tire is approved for use as 
original equipment on a motor vehicle, if so, the make, model, and 
model year of each vehicle for which it is approved, the production 
year, the cumulative warranty production, and the cumulative total 
production through the end of the reporting period. As such, submitting 
the ratings with the EWR submissions is simply a matter of adding on 
three columns of data for each tire SKU.
---------------------------------------------------------------------------

    \276\ 49 CFR 579.26.
---------------------------------------------------------------------------

    Since the three ratings for the tires will be submitted as new 
columns in the EWR submission, the identifying information for each 
tire will follow the current format specified in EWR. It would also 
mean that this information would be submitted quarterly. The exact 
format of the new reporting requirements (namely the additional 
reporting columns for the three ratings and exemption designation) will 
be issued in a subsequent update to the EWR reporting compendium, which 
is currently available at: http://www-odi.nhtsa.dot.gov/ewr/ewr.cfm. 
NHTSA will take the ratings information from the EWR submissions and 
create a database with all ratings that can be used on NHTSA's 
comprehensive tire Web site to view comparative tire information and so 
that the fuel efficiency rating can be used to estimate fuel savings 
for consumers on the Web site. Accordingly, this submitted data would 
be considered public information. The agency recognizes that some 
information submitted via EWR data submission requirements is non-
public and this new submission would not change the status of those 
categories of data.
    In summary, the data reporting requirements for the final 
regulation are to be reported as extra columns in the EWR submissions 
that each tire manufacturer already submits to the agency. The data 
reported must include the rolling resistance, wet traction, and 
treadwear ratings, which will be based on rating formulas established 
in a future notice finalizing the consumer information and education 
portions of the tire fuel efficiency consumer information program. In 
addition, any tire manufacturer that manufactures tire models and sizes 
it is claiming are excluded under the applicability of this rule must 
report at least once to the agency which tire models and sizes it is 
claiming are excluded. If a manufacturer that is reporting its ratings 
using its periodic EWR submission manufactures tires that are excluded 
from the applicability of this rule, then it may report those tire 
models and sizes as extra rows in its EWR submission. Any manufacturer 
that introduces a new tire brand, model, size, or construction that it 
believes is excluded under this rule, must report to the agency at 
least 30 days before the tire is first offered for sale to consumers.

C. Uniform Tire Quality Grading Standards

    As mentioned above and discussed in the NPRM, NHTSA has a tire 
rating

[[Page 15931]]

system that has been in place since 1975, the uniform tire quality 
grading standards (UTQGS).\277\ NHTSA established the UTQGS to fulfill 
a statutory requirement established by Title II, Tire Safety, of the 
National Traffic and Motor Vehicle Safety Act of 1966.\278\ This 
statutory requirement has been codified and amended to read as follows:
---------------------------------------------------------------------------

    \277\ See 49 CFR 575.104 (2008).
    \278\ See National Traffic and Motor Vehicle Safety Act of 1966, 
Public Law 89-563, Sec.  203, 80 Stat. 718 (1966) (recodified as 
amended at 49 U.S.C. 30123(b)).

    The Secretary shall prescribe through standards a uniform 
quality grading system for motor vehicle tires to help consumers 
make an informed choice when purchasing tires. The Secretary also 
shall cooperate with industry and the Federal Trade Commission to 
the greatest extent practicable to eliminate deceptive and confusing 
tire nomenclature and marketing practices. A tire standard or 
regulation prescribed under this chapter supersedes an order or 
administrative interpretation of the Commission.\279\
---------------------------------------------------------------------------

    \279\ 49 U.S.C. 30123(b).

    The UTQGS, applicable to passenger car tires, require motor vehicle 
and tire manufacturers to provide consumers with information about 
their tires' relative performance regarding treadwear, traction, and 
temperature resistance. Manufacturers are required to rate their tires 
based on performance in specified test procedures,\280\ to report those 
ratings to NHTSA,\281\ to permanently mold those ratings onto 
sidewalls,\282\ to attach a label containing those ratings on 
replacement tires,\283\ and to provide information about the UTQGS with 
tires and new motor vehicles.\284\ As explained in the NPRM, the 
treadwear, traction, and temperature resistance characteristics were 
chosen by NHTSA for rating under the UTQGS because when the UTQGS 
regulations were promulgated the agency believed they provided the best 
balance of tire properties for meaningful evaluation by consumers.
---------------------------------------------------------------------------

    \280\ 49 CFR 575.104(d)(1)(i).
    \281\ 49 CFR 575.6(d)(2).
    \282\ 49 CFR 575.104(d)(1)(i)(A).
    \283\ 49 CFR 575.104(d)(1)(i)(B).
    \284\ 49 CFR 575.104(d)(1)(ii)-(iv).
---------------------------------------------------------------------------

    As NHTSA is basing the safety and durability ratings on the test 
procedures for UTQGS traction and treadwear test procedures, these 
characteristics were discussed above. As explained in the NPRM, the 
UTQGS temperature rating indicates the tire's resistance to the 
generation of heat and its ability to dissipate heat. Sustained high 
temperature can cause the material of the tire to degrade and reduce 
tire life, and excessive temperature can lead to sudden tire failure. 
Tires are tested under controlled conditions on a high-speed laboratory 
test wheel. Tires are graded A, B, or C, with A indicating an ability 
to dissipate heat at higher speeds. While grade C originally 
corresponded to a level of performance required for passenger car tires 
by FMVSS No. 109, new requirements in FMVSS No. 139 mean that few, if 
any, new tires perform below the level of grade B.\285\
---------------------------------------------------------------------------

    \285\ UTQGS requires tires to be rated a C if they perform at 
the lowest level in the UTQGS test. If a tire performs at a higher 
level the manufacturer may rate the tire a B. Therefore, while there 
may still be grade C tires on the market, NHTSA expects that the 
tires could be rated a B, based on the requirements of FMVSS No. 
139. See 49 CFR 571.139.
---------------------------------------------------------------------------

    In 1995, NHTSA proposed amendments to the UTQGS.\286\ At that time, 
NHTSA proposed, based on comments from the public,\287\ to remove the 
temperature resistance rating and to add a fuel efficiency rating. It 
was believed that the temperature resistance rating was not as well 
understood by consumers as the treadwear and traction ratings.\288\ The 
rulemaking was terminated \289\ because Congress placed a condition in 
NHTSA's 1996 Appropriations Act that stated ``none of the funds 
appropriated by this Act may be obligated or expended to plan, 
finalize, or implement any rulemaking to add to [the UTQGS] any 
requirement pertaining to a grading standard that is different from the 
three grading standards (treadwear, traction, and temperature 
resistance) already in effect.'' \290\ This language has been included 
in every DOT Appropriations Act since 1996.
---------------------------------------------------------------------------

    \286\ 60 FR 27472 (May 24, 1995).
    \287\ See Request for Comments, 59 FR 19686 (Apr. 25, 1994).
    \288\ Id. at 19689.
    \289\ See 61 FR 47437 (Sept. 9, 1996).
    \290\ Department of Transportation and Related Agencies 
Appropriations Act for Fiscal Year 1996, Public Law 104-50, 109 
Stat. 436 (1995).
---------------------------------------------------------------------------

    In developing NHTSA's proposal, we considered the need and 
appropriateness of continuing the current UTQGS requirements. The NPRM 
explained that NHTSA tentatively concluded that the current UTQGS 
requirements should either be removed, once tires meet the new EISA 
requirements, or amended to conform to the approach in today's EISA 
proposal.
    RMA, Michelin, Tire Rack, and Consumers Union supported removing 
the UTQGS requirements citing potential confusion with two different 
rating systems.
    RMA supported replacing the existing UTQGS traction and treadwear 
ratings with the ratings imposed under the tire fuel efficiency 
consumer information program and removing the UTQGS temperature 
grading.\291\ RMA agreed with NHTSA's interpretation of the current DOT 
Appropriations Act language that NHTSA has the authority to make the 
changes to the UTQGS regulation contemplated by the NPRM's second UTQGS 
alternative: that the UTQGS requirements could be amended to conform 
with today's requirements. RMA and Michelin both noted that since the 
new safety rating system would be based on different test criteria, 
some products rated highly in the current UTQGS system could rate lower 
under a proposed peak coefficient of friction-based safety rating, 
which may lead to consumer confusion.\292\
---------------------------------------------------------------------------

    \291\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 13.
    \292\ Id. at 11; Michelin Comments, Docket No. NHSTA-2008-0121-
0048.1 at 8-9.
---------------------------------------------------------------------------

    Consumers Union recommended that the new label replace the present 
UTQGS ratings requirements.\293\ Consumers Union commented that 
consumer confusion would result from presenting treadwear in two 
different rating formats. Further, Consumers Union stated that UTQGS 
traction grading and the proposed wet traction rating were different 
and could be misinterpreted by consumers. Consumers Union also 
commented that the current UTQGS grading of temperature is basically a 
two rating system (``As'' and ``Bs'') because virtually no tires are 
awarded a ``C'' rating. Consumers Union, thus, suggested that NHTSA 
remove the UTQGS sidewall molding requirement and replace those 
sidewall ratings with the ratings established today molded onto the 
tire. Consumers Union recognized that legally NHTSA may not be able to 
pursue that approach at this time, but it urged the agency to monitor 
consumer understanding of the labeling system and perhaps seek the 
authority for such a change, if necessary.
---------------------------------------------------------------------------

    \293\ Consumers Union Comments, Docket No. NHTSA-2008-0121-0034 
at 3-4.
---------------------------------------------------------------------------

    Tire Rack suggested that the UTQGS branding and labeling 
requirements be eliminated.\294\ Tire Rack stated that it believes 
maintaining existing UTQGS ratings and tire molding would prove 
confusing to consumers. Further, Tire Rack commented that the proposed 
rating systems for durability (treadwear) and safety (wet traction) 
serve the same purpose as the corresponding existing UTQGS ratings.
---------------------------------------------------------------------------

    \294\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
6.
---------------------------------------------------------------------------

    ExxonMobil commented that since no statistical correlation is found 
between the measured RRF or calculated RRC

[[Page 15932]]

values and the UTQGS ratings, the current UTQGS system cannot be easily 
extended to include a tire fuel efficiency rating.\295\ ExxonMobil 
stated that the new system proposed by NHTSA is more advantageous as an 
educational tool than the UTQGS rating system since it provides actual 
numbers for consumers to judge potential tire quality at the time of 
purchase.
---------------------------------------------------------------------------

    \295\ ExxonMobil Comments, Docket No. NHTSA-2008-0121-0044.1 at 
10.
---------------------------------------------------------------------------

    Public Citizen et al. supported NHTSA continuing to provide the 
temperature resistance rating along with other UTQGS ratings, and 
recommended that temperature resistance should be incorporated into the 
new tire labels.\296\ Public Citizen et al. commented that NHTSA has 
been blocked from making the proposed changes to the UTQGS by the 
condition contained in the DOT Appropriations Act each year since 1996. 
Further, Public Citizen et al. argued that this appropriations rider 
has forestalled more detailed study into the consequences of 
discontinuing the temperature resistance rating. In addition, Public 
Citizen et al. pointed out that Federal Motor Vehicle Safety Standard 
(FMVSS) No. 109, New Pneumatic and Certain Specialty Tires, was 
upgraded in 2003 and that the new standard raised the test speeds, 
which reduces concern that discontinuing the temperature rating 
diminishes information about tire performance at higher speeds.\297\ 
However, Public Citizen et al. stated that the temperature rating 
provides information about tire safety and durability that is 
substantially different from the rolling resistance and treadwear 
ratings. Therefore, Public Citizen et al. commented that the UTQGS 
temperature resistance grading will continue to provide the information 
in a format that is useful to consumers. Public Citizen et al. 
expressed skepticism at the perceived implication in the NPRM that 
temperature ratings are not useful because consumers are not familiar 
with them.
---------------------------------------------------------------------------

    \296\ Public Citizen et al. Comments, Docket No. NHTSA-2008-
0121-0043.1 at 3-4.
    \297\ 68 FR 38117 (June 26, 2003).
---------------------------------------------------------------------------

    Agency response: The agency agrees with commenters that suggested 
that having tires labeled with two different rating scales for safety 
and durability potentially could be confusing to some consumers. NHTSA 
also recognizes, as some commenters pointed out, the potential 
confusion that might be caused if the safety rating established under 
this program is different than the UTQGS safety rating. On the other 
hand, NHTSA also agrees with Public Citizen et al. that NHTSA has not 
recently studied in detailed the consequences of discontinuing the 
temperature resistance rating.
    For these reasons, NHTSA is retaining the UTQGS requirements at 
this time, including the UTQGS treadwear, traction, and temperature 
resistance ratings. However, if a future final rule finalizes that 
ratings under the tire fuel efficiency consumer information must be 
printed on a paper label on each passenger car replacement tire, NHTSA 
will consider removing the UTQGS requirement of molding UTQGS ratings 
onto tires, and the UTQGS requirement printing UTQGS information on the 
paper tire label when a tire is labeled in accordance with the tire 
fuel efficiency consumer information program requirements. The 
requirements to report UTQGS grading information to NHTSA would remain. 
As such, the UTQGS ratings would still be available to interested 
consumers, vehicle manufacturers, and tire retailers, but a consumer 
looking at a tire would not be confronted with different and confusing 
rating scales. NHTSA wants to study further the likely consequences of 
discontinuing the temperature resistance rating before making a 
decision about the future UTQGS requirements. NHTSA is making no 
changes to UTQGS requirements in this final rule.
    Ideally the agency would combine the two programs since both the 
UTQGS statutory authority and the EISA authority call for regulatory 
programs intended to educate consumers about tires. That is, under the 
first alternative discussed in the NPRM (removing the UTQGS ratings), 
NHTSA contemplated announcing that the ratings established under this 
new program satisfied both the EISA statutory directive and the 
statutory authority under which the UTQGS ratings were created. 
However, NHTSA has concerns that the appropriations rider would be 
triggered by the inclusion of the fuel efficiency rating in today's 
rating system.
    As for the second alternative contemplated in the NPRM (amending 
the UTQGS requirements to conform to the new ratings), NHTSA agrees 
with Public Citizen et al. that NHTSA does not have current research to 
show that temperature resistance is not a useful additional piece of 
information for consumers. In a 1995 NPRM, the agency concluded that 
most consumers are not aware of and/or do not understand the 
significance of the temperature resistance rating.\298\ However, the 
agency has not explored the issue of consumer understanding of the 
temperature resistance rating since that time. Further, a 1994 Request 
for Comments on the issue of substituting a rolling resistance rating 
for temperature resistance drew comments from manufacturers who 
insisted that rolling resistance and temperature resistance are 
separate properties.\299\ They asserted that rolling resistance 
measures the energy consumed by the tire, while temperature resistance 
relates to the ability of the tire structure and materials to withstand 
the temperatures generated by the flexing of the rubber and its 
reinforced materials.\300\ The agency decided to propose elimination of 
the temperature resistance grading at that time mainly based on 
consumer research which showed that the temperature resistance rating 
was less understood and less useful to consumers that other tire 
performance ratings when making a decision.\301\ The agency is not 
comfortable deleting a tire grading previously determined by the agency 
to be useful without both recent consumer research testing consumer 
understanding of the rating, and researching the continued need given 
the upgraded tire endurance requirements of FMVSS No. 139.\302\
---------------------------------------------------------------------------

    \298\ See 60 FR 27472, 27478-27481.
    \299\ See 59 FR 19686.
    \300\ 60 FR at 27478.
    \301\ Id. at 27279.
    \302\ See 49 CFR 571.139.
---------------------------------------------------------------------------

VIII. NHTSA's Consumer Education Program

    As noted elsewhere in the notice, section 111 of EISA requires that 
the tire fuel efficiency consumer information program for replacement 
tires include ``a national tire maintenance consumer education program 
including, information on tire inflation pressure, alignment, rotation, 
and treadwear to maximize fuel efficiency, safety, and durability of 
replacement tires.'' 49 U.S.C. 32304A(a)(2)(D). NHTSA believes, and 
many commenters noted, that the consumer education portion of this tire 
fuel efficiency consumer education program will be an important factor 
in the success of the rating system. The consumer education program 
must be implemented in such a way as to get consumers to understand the 
importance of tire choice and tire maintenance, and that tires impact 
vehicle safety, fuel efficiency, and general operation. The new rating 
system will only be effective and useful, if the consumer education 
program is able to cultivate this interest and understanding with 
consumers.

[[Page 15933]]

    For similar reasons discussed above, in order to have the full 
benefit of any new understanding of how consumers best comprehend 
information gained from the agency's new consumer research, NHTSA will 
re-propose its ideas for the consumer education portion of the program 
in the supplemental NPRM on the consumer information and education 
portions of the tire fuel efficiency consumer information program. The 
supplemental NPRM will newly propose and seek comment on numerous ways 
that NHTSA could implement a consumer education program to inform 
consumers about the effect of tire properties and tire maintenance on 
vehicle fuel efficiency, safety, and durability. The supplemental NPRM 
will also discuss some of the messages that NHTSA believes will be key 
to a successful tire fuel efficiency consumer information program.
    Within the next year NHTSA will begin developing a new government 
Web site on tires, which will be linked directly from http://www.safercar.gov/. It will contain all the information on NHTSA's 
current tire Web site (also located within www.safercar.gov), as well 
as links to other useful Web sites that contain educational information 
about tire maintenance.\303\ In furtherance of the objectives of 
consumer education program, the supplemental NPRM will seek comment on 
the structure and content of the tire Web site. NHTSA's tire Web site 
will eventually contain a database of all tire rating information.
---------------------------------------------------------------------------

    \303\ NHTSA's current online tire information can be found at 
http://www.nhtsa.gov/portal/site/nhtsa/menuitem.c6b5d461a04337a1ba7d9d1046108a0c/ and http://www.safercar.gov/portal/site/safercar/menuitem.13dd5c887c7e1358fefe0a2f35a67789/?vgnextoid=0e0aaa8c16e35110VgnVCM1000002fd17898RCRD (last accessed 
Sept. 24, 2009).
---------------------------------------------------------------------------

    NHTSA is using consumer testing research to help maximize consumer 
understanding of the program and to develop communication materials to 
assist consumers in making more educated tire purchasing decisions. In 
the NPRM, NHTSA requested comments on the most effective way to 
establish and implement a consumer education program to fulfill the 
statutory requirements and purposes behind the tire fuel efficiency 
consumer information program. NHTSA received extensive comments about 
the messages the agency should convey and the strategic methods of 
communication NHTSA should employ when embarking on the consumer 
education portion of the tire fuel efficiency consumer information 
program. NHTSA will continue to consider all these comments moving 
forward with the supplemental NPRM discussed above.

IX. Benefits and Costs

    The agency's response to the specific comments about benefits and 
costs calculations are discussed below and in greater detail in the 
agency's Final Regulatory Impact Analysis (FRIA). ICCT and NRDC 
commented that NHTSA underestimated benefits that would result from the 
proposal.\304\ RMA commented that NHTSA overestimated benefits of the 
proposal and underestimated costs.\305\
---------------------------------------------------------------------------

    \304\ NRDC Comments, Docket No. NHTSA-2008-0121-0040.1 at 7-8; 
ICCT Comments, Docket No. NHTSA-2008-0121-0042.1 at 1-2.
    \305\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 14-15; 
RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 at 11-14.
---------------------------------------------------------------------------

A. Benefits

    In the NPRM, the agency identified three categories of potential 
benefits (or disbenefits) from this rule: fuel economy, safety and 
durability.\306\ For each of these categories a significant unknown is 
likely consumer behavior in response to this program, and as a result 
of that, likely manufacturer reaction. For example, if consumers value 
fuel efficiency, but are unwilling to increase the price they pay for 
tires, tires with improved fuel efficiency, but decreased safety and/or 
durability may enter the market. If consumers care most about safety, 
and if tire manufacturers make a tradeoff between fuel economy and 
safety, one effect of this rule may be to increase safety while 
decreasing fuel economy. NHTSA would like to be able to quantify the 
value of all three categories of benefits/disbenefits under such a 
scenario and construct a range of likely scenarios to calculate the 
combined potential benefits of this rule. Other scenarios can also be 
imagined. NHTSA requested comments on how it might reduce the 
uncertainty regarding the anticipated outcomes of this proposal.
---------------------------------------------------------------------------

    \306\ As noted in the preamble, there are also benefits in terms 
of reductions in emissions of CO2. Reductions in fuel 
consumption necessarily and directly result in reductions in those 
emissions.
---------------------------------------------------------------------------

    The NPRM further explained that in addition to the unknown 
reactions of consumers and manufacturers, calculating benefits is 
complicated by several additional factors. We explain these additional 
complications for each of the three rating systems in the remainder of 
this section.
    For fuel efficiency, NHTSA would like the fuel efficiency rating to 
provide meaningful information relevant to their replacement purchase, 
e.g., with a statement such as ``for every 10,000 miles driven, a 
difference of A on the fuel efficiency rating scale equates to B 
gallons of fuel saved when 4 tires are purchased, so a difference of C 
on the fuel efficiency rating scale means a savings of D gallons over 
10,000 miles driven for the average vehicle.'' Given such a statement, 
to calculate benefits for an individual tire purchase, if the driver 
knows the baseline fuel economy of the vehicle the tires will be 
mounted on, the fuel efficiency rating of two different replacement 
tires a consumer is considering purchasing, and the number of miles 
driven annually, the driver can calculate the reduction (or increase) 
in the number of gallons of fuel the driver will need, for one 
replacement tire versus another, to operate the vehicle for 10,000 
miles. By using fuel price forecasts, a consumer could estimate the 
cost of that fuel, and make an economic decision about whether or not 
to buy those replacement tires.
    To calculate fuel savings benefits for this rule, we would need to 
know how many consumers are likely to purchase lower (or higher) fuel 
efficiency rated tires as a result of the information in this program 
and the average reduction (or increase) in rolling resistance of the 
tires they purchase. Because the agency cannot foresee precisely how 
much today's consumer information program will affect consumer tire 
purchasing behavior and cannot foresee the reduction in rolling 
resistance among improved tires (we estimate the potential range of 
rolling resistance improvement to be between 5 and 10 percent), the 
FRIA estimates benefits using a range of hypothetical assumptions 
regarding the extent to which the tire fuel efficiency consumer 
information program affects the replacement tire market. For example, 
if we assume that 1 percent of targeted tires (1.4 million tires) are 
improved and that the average reduction in rolling resistance is 5 
percent, then under these hypothetical assumptions, the proposal is 
estimated to save 3.0 million gallons of fuel and prevent the emission 
of 29,000 metric tons of CO2 annually. The value of these 
savings through 2050 is $11.6 million at a 3 percent discount rate.
    Benefit estimates for the safety rating are more difficult to 
quantify. As noted, definitive information is lacking about likely 
consumer responses to these ratings. Even if such information were 
available, it is not as straight forward as it is for a fuel efficiency 
rating to develop a rule of thumb for the safety rating scale such as 
``each difference of X on the safety rating scale equates to

[[Page 15934]]

Y percent fewer crashes and Z dollars less in resultant economic 
damages.''
    For durability, the UTQGS treadwear test procedure results in a 
relative measurement of tread wear rate as compared to a control tire, 
which would be rated 100 on the UTQGS treadwear scale. A tire with a 
UTQGS treadwear rating of 200 should last twice as long as a tire rated 
a 100, and so forth. Several assumptions would need to be made to 
develop a rule of thumb for a durability rating scale of the form 
``each difference of X on the durability rating scale equates to a 
reduction of $Y in tire purchases over the lifetime of the vehicle.'' 
Tire lifetimes are complicated by factors such as: the vehicle the tire 
is mounted on, driving habits, tire maintenance, weather/environment/
temperature, etc.
    Fuel savings estimates: NRDC and ICCT commented that NHTSA may have 
underestimated the fuel economy benefits of the proposed rule.\307\ 
ICCT commented that benefits may be understated by as much as 40 
percent due to a flaw in the agency's estimate of the impact of reduced 
rolling resistance on fuel economy. ICCT noted that NHTSA's testing 
used a two-wheeled dynamometer to calculate the impact of tire rolling 
resistance on fuel economy at 1 percent and 1.1 percent for city and 
highway driving, respectively. ICCT stated that the 2008 Impala used 
for the testing has 61 percent of its total weight on the drive wheels. 
According to ICCT, that means that the testing would only capture the 
effect of 61 percent of the on-road tire rolling resistance. The other 
39 percent from the rear wheels is incorporated into the dynamometer 
load curve. ICCT stated that when the tires were changed to measure the 
fuel economy impact of tire rolling resistance, its understanding was 
that the 39 percent contribution from the rear wheels contained in the 
dynamometer load curve was not changed to reflect the benefits of 
improved rolling resistance from the rear wheels. ICCT commented that 
if this occurred, the benefits may be under-predicted by about 40 
percent for similar front-wheel drive vehicles and perhaps more for 
rear-wheel drive. ICCT recommended that NHSTA re-assess this test 
method to make sure that the benefits of this important proposed 
program are properly understood.
---------------------------------------------------------------------------

    \307\ NRDC Comments, Docket No. NHTSA-2008-0121-0040.1 at 7-8; 
ICCT Comments, Docket No. NHTSA-2008-0121-0042.1 at 1-2.
---------------------------------------------------------------------------

    NRDC similarly commented that NHTSA's fuel savings estimates from 
reduced rolling resistance could potentially be underestimated in 
dynamometer tests if the results computations account for tire changes 
on only two (instead of all four) of the wheels. NRDC requested that 
NHTSA clarify how it conducted the dynamometer testing and if the 
testing properly accounted for rolling resistance changes to all four 
tires.
    Agency response: Based on data analysis conducted in response to 
these comments, NHTSA agrees with commenters that the effect of tire 
rolling resistance on vehicle fuel economy used in the NPRM and PRIA 
were underestimated. In response to the ICCT comments, we examined 
vehicle coastdown data and analyzed the effects on the fuel economy 
dynamometer coefficients versus changes in tire rolling resistance. We 
integrated these effects over the whole fuel economy cycle. From these 
data, we estimate that total fuel consumption vis-a-vis rolling 
resistance was underestimated by approximately 20 percent for all non-
OE tires--not the 40 percent claimed by ICCT. Thus, we now believe that 
a 10 percent reduction in rolling resistance increases fuel economy by 
1.3 percent, as compared to the 1.1 percent we estimated in the PRIA, 
and have revised the benefits in the FRIA accordingly.
    Since issuance of the NPRM, the Tire Rack has published a study of 
on-road vehicle fuel economy for a 2009 Toyota Prius using seven 
different tire models.\308\ Using the fuel economy results from the 
Prius, and the available tire rolling resistance data from other 
sources \309\ for five of the seven tire models, there was an 
approximate 1.38 percent improvement in fuel economy for a 10 percent 
decrease in RRF. This is only slightly higher than the agency's revised 
estimate of 1.30 percent.
---------------------------------------------------------------------------

    \308\ See http://www.tirerack.com/tires/tests/testDisplay.jsp?ttid=121 (last accessed Oct. 12, 2009).
    \309\ RMA & ExxonMobil comments to the tire rolling resistance 
docket.
---------------------------------------------------------------------------

    Benefits not addressed: NRDC and ICCT commented that NHTSA should 
include the impacts on greenhouse gas (GHG) emissions (from both 
vehicle emissions and upstream refining/production emissions), other 
pollutants, and energy security in quantifying benefits.\310\ These 
commenters stated that these benefits are important and are quantified 
under NHTSA's corporate average fuel economy (CAFE) regulatory impact 
analyses.
---------------------------------------------------------------------------

    \310\ NRDC Comments, Docket No. NHTSA-2008-0121-0040.1 at 2, 7-
8; ICCT Comments, Docket No. NHTSA-2008-0121-0042.1 at 2.
---------------------------------------------------------------------------

    In a somewhat related comment, RMA stated that NHTSA should 
estimate and monetize GHG emissions impacts.\311\ RMA stated that 
because manufacturers will need to do additional tire treadwear 
testing, GHG emissions may increase.
---------------------------------------------------------------------------

    \311\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 20-21.
---------------------------------------------------------------------------

    Agency response: The FRIA contains additional computations of GHG 
impact--both the GHG emissions emitted by manufacturer testing and the 
GHG emission reductions as consumers buy more fuel efficient tires. In 
addition, CO2 is emitted from refineries and other sources 
to produce fuel and deliver it to gas stations, and so less fuel used 
by vehicles also translates to reduced CO2 emissions from 
these sources (i.e., reduced upstream emissions).\312\
---------------------------------------------------------------------------

    \312\ As in the agency's most recent rulemaking on Corporate 
Average Fuel Economy, we only considered upstream emissions that 
would occur in the U.S. (``domestic upstream emissions'').
---------------------------------------------------------------------------

    Projected consumer response: RMA commented that NHTSA has no basis 
for assuming that between 2 and 10 percent of consumers will purchase 
tires with improved rolling resistance.\313\ RMA stated that it 
believes the percent may well be less, since most consumers will not 
see the label until after they have purchased the tire, and the 
informational posters displayed at tire retailers will not contain 
information on the tires the consumer is considering purchasing. Thus, 
RMA contended that the PRIA overestimated benefits.
---------------------------------------------------------------------------

    \313\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 2, 17, 20-21.
---------------------------------------------------------------------------

    Agency response: The PRIA developed hypothetical estimates assuming 
that between 2 percent and 10 percent of targeted tires are improved 
and that the average reduction in rolling resistance among improved 
tires is between 5 percent and 10 percent. We acknowledge that many 
consumers may not see the ratings before they purchase their tires. 
However, we presume that based on consumer information requirements 
implemented in a forthcoming final rule, some will see the ratings when 
purchasing replacement tires, perhaps as a label on display tires, or 
on posters or on dealer advertisements for tires on sales or on other 
promoted tires, or on manufacturer or dealer Web sites for consumers 
who conduct Internet research prior to visiting a dealer. In addition, 
salespersons at tire dealers may discuss the ratings or show ratings to 
consumers to display the favorable properties of tire models they wish 
to promote. In addition, some consumers may see the ratings through 
other facets of NHTSA's consumer education program.
    Based on general economic principles, we expect these sources of

[[Page 15935]]

information about the new rating system to increase demand for tires 
that have some degree of improvement in all three areas of tire 
performance (wet traction, fuel efficiency, and treadwear). However, at 
this point the agency can't predict how the market will react to the 
program. In addition, NHTSA's consumer research results on the amount 
of money consumers would pay for a tire with a higher rating in one of 
the three scales indicate that consumers who see the ratings (through 
one of the sources in the previous paragraph) are likely to buy tires 
with some degree of improvement in all three areas.
    The agency's expert assessment is that the rolling resistance of 
tires can be reduced while sacrificing neither traction nor treadwear 
at a cost of about $3 per tire. NHTSA's recent consumer research 
indicates that buyers would pay between $4 and $5 more per tire for 
improved fuel efficiency. Therefore, we believe that, while there will 
be consumers who, when presented with tire ratings, would choose to 
sacrifice fuel efficiency for traction or treadwear, in general 
consumers will drive a market for tires that have improved fuel 
efficiency with little or no reduction in traction and treadwear.
    For analytical purposes, NHTSA examined a hypothetical example 
assuming that 1 percent of eligible replacement tires would have 5 
percent improved rolling resistance. Other estimates of more tires or 
better reduction in rolling resistance can be determined by simply 
multiplying the results of the example calculations by factors. NHTSA's 
expert assessment continues to be (as in the PRIA) that the average 
rolling resistance of improved tires can be reduced by between 5 
percent and 10 percent.

B. Costs \314\
---------------------------------------------------------------------------

    \314\ All costs discussed below are presented in 2008 economics.
---------------------------------------------------------------------------

    For this final rule, there are three sets of costs involved for 
tire manufacturers: Costs to test tires to obtain rating information, 
costs of reporting ratings to NHTSA, and, assuming the program induces 
consumers to demand and manufacturers to produce improved tires, costs 
to improve tires. If consumers use the ratings information to purchase 
tires and demand different tires, or if manufacturers believe the 
information will have such an effect, there will be costs that 
manufacturers will spend to improve tires.
    The NPRM and the PRIA explained that these costs are difficult to 
estimate. There are many different ways that a manufacturer might chose 
to improve the rolling resistance rating of their tires. The PRIA 
estimated that the increased cost at the consumer level of such 
improvements is $2.00 to $4.00 per tire for tires subject to this 
regulation if all other tire properties were held constant.\315\ 
However, total costs for this category are dependent on market demand 
for different tires as a result of this program. The PRIA assumed that 
between 2 and 10 percent of the targeted tire population will be 
improved as a result of the proposal. Under this assumption and using a 
cost of $3 to improve the rolling resistance of one tire, the agency 
estimated the costs to improve tires to be between $8.5 and $42 
million. The agency requested comments on this cost estimate.
---------------------------------------------------------------------------

    \315\ This is the cost to reduce rolling resistance by 10 
percent from today's average replacement tire rolling resistance, 
holding other tire properties constant. Using silica is a well known 
method. There are a variety of ways to improve rolling resistance 
and not hold other properties constant, with different cost 
implications. That is one reason that the agency believes it is 
important to have rolling resistance, traction, and treadwear on the 
same label.
---------------------------------------------------------------------------

    Based on a report from Smithers Scientific Services, Inc. 
(Smithers) presented at the February 5, 2009 Staff Workshop for the 
California Energy Commission's Fuel Efficient Tire Program, there are 
20,708 tires that would need to be tested initially to provide 
information for each SKU. If each one of these were tested once for 
tire rolling resistance, the initial costs to the industry would be 
$3,727,000. Based upon the average number of reports the agency 
receives under the UTQGS program, the agency estimated that 125 new/
redesigned tires would need to be tested annually, for ongoing testing 
costs of $22,500. Since the UTQGS already requires testing for 
treadwear and traction, the PRIA explained that those costs are already 
in the baseline and were not incremental costs of the agency's 
proposal.
    The PRIA explained that information program costs include 
manufacturer costs to report information to NHTSA and to label tires. 
Since NHTSA is not requiring tire manufacturers label tires at this 
time, the manufacturer costs to label tires is not a consideration in 
the FRIA accompanying this final rule. NHTSA will account for costs of 
a label when the requirement is re-proposed in the supplementary NPRM 
addressing consumer information requirements.
    Tire manufacturers are required to provide information to NHTSA on 
the rating system. NHTSA proposed to require manufacturers to report to 
NHTSA for each tire that is individually rated under the tire fuel 
efficiency consumer information program data on each of the three 
ratings: Fuel efficiency, traction, and treadwear. There are 20 tire 
manufacturers that report to the agency under NHTSA's Early Warning 
Reporting (EWR) data submission requirements. The PRIA and NPRM 
explained that each manufacturer would need to set up the software in a 
computer program to combine the testing information, organize it for 
NHTSA's use, etc. We estimated this cost to be a one-time cost of about 
$10,000 per company. In the analysis of the EWR data submission 
requirements, we estimated the annual cost per report per tire 
manufacturer to be $287.\316\ There are also computer maintenance costs 
of keeping the data up to date, etc. as tests are conducted throughout 
the year. In the EWR analysis, we estimated costs of $3,755 per year 
per company. Thus, the PRIA and NPRM estimated the total annual cost is 
to be $4,042 per company, and $280,000 + $113,176 = $393,176 for the 
first year and $113,176 as an annual cost for all 28 tire 
manufacturers.
---------------------------------------------------------------------------

    \316\ Preliminary Regulatory Evaluation, Tread Act Amendments to 
Early Warning Reporting Regulation Part 579 and Defect and 
Noncompliance Part 573, August 2008 (Docket No. 2008-0169-0007.1).
---------------------------------------------------------------------------

    For tire retailers, the agency estimated that the proposal would 
have no cost. The only proposed requirements for retailers were to 
leave the label on the tire until it is sold and to display a poster. 
Since manufacturers would supply the label, and the NPRM proposed that 
NHTSA would supply the poster, the PRIA estimated there would be no 
cost to retailers. As noted above, because NHTSA is planning to re-
propose the consumer information component of the program, tire 
retailer costs are not a consideration in the FRIA accompanying this 
final rule.
    The PRIA explained that there are three sets of costs to the 
government: Enforcement costs, costs for maintaining the Web site, and 
costs to provide the poster to retailers. As explained above, NHTSA 
will re-propose the consumer information requirements. Thus, NHTSA will 
not be providing posters to tire retailers at this time. NHTSA said it 
anticipated spending $730,000 annually to do compliance testing for 
this program. Based on costs for the existing areas of the NHTSA Web 
site, NHTSA estimated that it would cost approximately $550,000 per 
year to set up and update the part of the Web site to include 
information on 20,000 tires.
    Testing costs: RMA commented that the PRIA underestimated costs of 
additional testing manufacturers would need to conduct under the 
proposed

[[Page 15936]]

rule.\317\ RMA estimates that the costs to its eight member companies 
alone would be $14.7 to $51.1 million in the first year and $10.2 to 
$27.2 million in subsequent years. RMA stated that manufacturers would 
need to do more treadwear and wet traction testing than estimated 
because under ``worst case'' final rule scenario (i.e., if 
manufacturers had to report the specific data values supporting a 
tire's rating and noncompliance was determined using a tolerance band 
approach), tire companies would make upper end assumptions regarding 
equipment and labor needs and more SKUs would need to be tested, rather 
than modeled, and some might even be tested more than once in order to 
narrow the confidence bounds and avoid violating the tolerance bands 
when reporting values. RMA commented that cost increases would involve 
both additional initial costs (testing equipment and costs to test 
existing SKUs) as well as ongoing annual costs (continuing testing 
costs to report values for each SKU). RMA commented that small 
increases in costs would result also from the need to report peak 
instead of slide values for the safety (wet traction) rating.
---------------------------------------------------------------------------

    \317\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 11-14.
---------------------------------------------------------------------------

    Agency response: First of all, as explained above in section 
VII.B.2, NHTSA is requiring only that tire manufacturers report to 
NHTSA the rating, and is not requiring the reporting of the underlying 
test values the rating is based on. We continue to believe that only 
one test per tire SKU will be necessary and that additional testing 
would be at the tire manufacturers' option, and will discuss this 
further in the discussion of enforcement approach in the supplemental 
NPRM on the consumer information component of this program.
    Our concerns with RMA's testing cost estimates are discussed in the 
FRIA. Nonetheless, we acknowledge RMA's points that the PRIA neglected 
to include capital costs to purchase testing equipment, and that the 
agency likely underestimated the number of new SKUs produced annually, 
while overestimating the number of SKUs for sale each year. We used the 
industry estimates of SKU quantities that RMA provided for predicting 
the costs of the final rule. RMA's ``best case'' capital cost estimate 
of a one-time charge of $10.7 million appears reasonable, as a combined 
cost to the industry. Our final testing cost estimates assume one test 
per SKU for rolling resistance, traction, and treadwear, however, it is 
possible that manufacturers could test far fewer tires. We believe that 
RMA's estimates of the cost to test a SKU for traction and treadwear 
are overstated.
    The FRIA contains a full discussion of the agency's cost estimates, 
but in summary, NHTSA believes that we underestimated testing costs in 
the PRIA and are revising them. The FRIA estimates that capital costs 
will increase by $10.7 million in the first year, tire testing costs 
will increase by $22.4 million in the first year and by $3.8 million in 
subsequent years, resulting in total testing costs of $33.1 million in 
the first year and $3.8 million in subsequent years.
    Label costs: RMA commented that NHTSA underestimated label costs to 
manufacturers.\318\ RMA stated that tire manufacturers would have 
initial start-up costs of $22 million to cover design set-up and 
printing equipment, and annual printing costs of $11.5 million.
---------------------------------------------------------------------------

    \318\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 12-14.
---------------------------------------------------------------------------

    Agency response: NHTSA estimated a label cost of $0.05 per tire 
resulting in a net label cost of $9 million in the PRIA which is quite 
comparable with RMA's annual print cost of $11.5 million. Since a final 
label has not been designed, NHTSA will not include label costs in the 
FRIA associated with this final rule. However, NHTSA notes that RMA 
incorrectly thought they would need to spend $11 million labeling their 
existing inventory. The NPRM did not propose a requirement to label 
existing inventory.
    Costs of improving tires: RMA's survey of members generally 
confirms NHTSA's estimates regarding the cost per tire to improve 
rolling resistance without sacrificing traction or treadwear.\319\ 
NHTSA estimated the cost to improve the rolling resistance of tires to 
be between $2 and $4, depending upon the tire size, averaging $3 per 
tire. RMA estimated the cost to improve the rolling resistance of tires 
to be between $2 and $6, depending upon the size, and averaging $3 per 
tire.
---------------------------------------------------------------------------

    \319\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 14-15.
---------------------------------------------------------------------------

    Agency response: NHTSA has changed its range to between $2 and $6. 
This is reasonable because the bigger the tire, the more cost to add 
silica to get the desired effect. There are larger tires in the market 
than we considered with our general cost range, and if you look at the 
extreme, the cost per tire might be up to $6. Regardless of the minimum 
and maximum cost to improve the rolling resistance of tires, everyone 
agrees that the average price to upgrade the average tire is $3 per 
tire.
    Other costs: RMA commented that NHTSA has not estimated the costs 
of the decreased tire safety and durability that may result from the 
rule.\320\ RMA stated that NHTSA needs to do this, and when it does, 
the benefits of the rule will not justify the cost (even using NHTSA's 
values for the other cost estimates). RMA commented that improving 
rolling resistance will decrease traction and treadwear. RMA stated 
that NHTSA acknowledged in the Phase II Research Report (p. 47) that 
improving rolling resistance will worsen wet traction performance. 
Further, RMA pointed to NHTSA's data (p. 43 of Phase II Report) which 
shows that dry traction is also likely to worsen. RMA stated that NHTSA 
acknowledged that its labeling program may effectively exacerbate the 
traction problem by spurring consumers to sacrifice traction to save 
money. Regarding treadwear, RMA commented that NHTSA's PRIA stated that 
tread life may be lessened and a CEC report says tread life will 
lessen. Therefore, RMA commented that NHTSA needs to analyze the impact 
of the rule on fatalities, injuries, property damage, increased 
consumer spending on tires due to decreased tread life, and societal 
costs of producing additional tires.
---------------------------------------------------------------------------

    \320\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 17-20.
---------------------------------------------------------------------------

    RMA also commented that the PRIA does not treat first-year costs 
correctly.\321\ RMA stated that NHTSA estimates first-year costs at $4 
million, but doesn't include them in the net benefits estimates. RMA 
suggested that NHTSA should include them by amortizing or annualizing 
the costs, or by estimating the net present value of the entire 
program. RMA makes specific suggestions on how to do this.
---------------------------------------------------------------------------

    \321\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 21.
---------------------------------------------------------------------------

    Agency response: Regarding RMA's comment that NHTSA does not treat 
first-year costs correctly, all first-year costs are included in 
NHTSA's $3 per tire cost estimate.
    Regarding RMA's request that NHTSA estimate the costs of the 
decreased tire safety and durability that may result from the rule, we 
do not have enough information at the moment to estimate these impacts. 
Michelin provided data \322\ that this tradeoff is not necessary, but 
we do not know with certainty. The NPRM and PRIA noted that this 
scenario would be particularly problematic if consumers are unwilling 
to spend additional money and/or tire manufacturers are unwilling to 
increase the cost of the tire to maintain high levels of wet traction 
and treadwear. We

[[Page 15937]]

recognize there are opportunity costs to reducing rolling resistance 
that impact safety and durability, but we don't have enough data to 
estimate impacts. Thus, we assume the cost of maintaining these 
parameters is already included in the $3 of increased cost per tire. 
However, more information in terms of consumer reaction to the program 
will be developed in the future and will be used in the next analysis.
---------------------------------------------------------------------------

    \322\ Michelin Comments, Docket No. NHTSA-2008-021-0048 at 8.
---------------------------------------------------------------------------

    Overall, RMA commented that because NHTSA effectively projects 
possible negative net benefits, the rule is not justified.\323\ RMA 
stated that NHTSA needs to rework the rule to cut costs or not propose 
the rule. RMA suggested discarding the labeling idea in favor of 
training programs, educational materials provided to dealers, and 
better Web tools for consumers.
---------------------------------------------------------------------------

    \323\ RMA Comments Appendix 8, Docket No. NHTSA-2008-0121-0036.9 
at 2-3, 16-17, 22-24.
---------------------------------------------------------------------------

    Agency response: As noted above, this final rule does not include 
labeling costs because NHTSA is not requiring tire manufacturers to 
label tires at this time. However, NHTSA is likely to re-propose the 
label requirement, and even considering those additional annual 
labeling costs, NHTSA believes that this consumer information program 
is likely to be cost effective, and provide an overall benefit to 
society. NHTSA will, however, consider these RMA comments as it 
develops the next regulatory impact analysis for the supplementary NPRM 
on the consumer information and consumer education portions of the 
program.

X. Lead Time

    Lead time will be determined based on the timing of the final rules 
that will specify the requirements and content of the consumer 
information and the specification of a reference laboratory or 
laboratories. If the later of the final rules is the one in which NHTSA 
announces the selection of a reference laboratory or laboratories with 
the capability to test LATs, based on comments, and the time NHTSA 
needs to select a reference laboratory or laboratories with the 
capability to test lab alignment tires (LATs) for rolling resistance 
testing, NHTSA will require tire manufacturers to meet applicable 
requirements for replacement tires they manufacture in stages, by tire 
size. In that case, tire manufacturers must meet applicable 
requirements for 15 and 16-inch tires, the most popular rim sizes,\324\ 
first; tire manufacturers must meet applicable requirements for other 
passenger car tire sizes at a later date. This phase in would be tied 
to the publication of a final rule specifying the availability of 
certified LATs from the reference laboratory or laboratories. As noted 
above, in the near future NHTSA will announce one or more private 
laboratories to operate the reference test machine(s). The agency is 
working expeditiously to establish and implement procedures for the 
selection of a reference laboratory. Soon after, NHTSA will publish a 
Federal Register notice of the readiness of the reference laboratory or 
laboratories to provide LATs under ISO 28580.
---------------------------------------------------------------------------

    \324\ The RMA Preliminary 2010 Factbook estimated that 15- and 
16-inch passenger replacement tires constituted about 22% of the 
replacement passenger tire sales in the U.S. in 2009. See Rubber 
Manufacturers Association, Tire Industry Factbook, available at 
http://www.rma.org/rma_resources/market_information/tire_industry/ (last accessed March 11, 2010).
---------------------------------------------------------------------------

    If the final rule specifying the requirements and content of the 
consumer information portion of the program occurs after the final rule 
specifying the reference laboratory or laboratories, NHTSA may 
establish a lead time different from the phase in described above since 
tire manufacturers will have had since the final rule specifying the 
reference laboratory or laboratories to begin testing to the test 
procedures specified in this final rule. Recognizing the uncertainty of 
the rulemaking timeline for finalizing the requirements and content of 
the consumer information and consumer education portions of the tire 
fuel efficiency program, NHTSA will tie all compliance dates to the 
latter of the consumer information and education final rule, or the 
final rule announcing the availability of the reference laboratory or 
laboratories to test LATs under ISO 28580.
    The NPRM explained that while manufacturers currently calculate the 
rolling resistance of at least some tires for vehicle manufacturers to 
use when selecting which tires to equip new vehicles with, NHTSA 
believes that lead time is necessary for tire manufacturers to conduct 
additional testing and to prepare rating information for all affected 
tires. In addition, time will be necessary for NHTSA to collect all 
reported rating information into a database and to prepare consumer 
information materials.
    Tire manufacturers: NHTSA proposed to require manufacturers to 
report on all existing tires within 12 months of the issuance of a 
final regulation. For new tires introduced after the effective date of 
the rule, NHTSA proposed to require reporting of information at least 
30 days prior to introducing the tire for sale, as is required for 
UTQGS information.
    As explained in the NPRM, a Smithers Scientific Services, Inc. 
(Smithers) report presented at a February 2009 CEC staff workshop on 
CEC's Fuel Efficient Tire Program suggested that manufacturers need 0.2 
to 2.4 years to test one replacement passenger car tire of each 
different tire SKU. However, NHTSA explained that we believe this 
number may be an over-estimate of the time needed to test and rate all 
tires affected by the proposed program. Based on our research, NHTSA 
estimated it is possible that less than 25 percent of the affected 
tires will need to be tested in accordance with the ISO 28580 
procedures in order to rate them for this program. The NPRM explained 
that it is likely that manufacturers will be able to develop equations 
to calculate the effect of differences in tread pattern, etc., and use 
those equations to compute the test results from ISO 28580 from other 
tires that have been tested. Tire manufacturers will be able to 
extrapolate estimates of the test procedure values from knowing the 
test procedure values of similar sized tires. In addition, NHTSA 
explained that manufacturers already have rolling resistance 
information on many, if not all tires, as this information is used by 
vehicle manufacturers when choosing which tires to install as original 
equipment. The NPRM explained that even if these data were gathered 
using other test methods, NHTSA's research shows that equations can 
translate the data to results that would be obtained from the ISO 28580 
test procedure.
    In comments to the NPRM, the European Commission requested more 
lead time without providing a rationale or a suggestion for an 
effective date.\325\ JATMA requested 2 years of lead time.\326\ JATMA 
commented that manufacturers will wait to test until the final rule is 
issued and that JATMA manufacturers will not want to contract out 
rolling resistance testing.
---------------------------------------------------------------------------

    \325\ European Commission Comments, Docket No. NHTSA-2008-0121-
0028.1 at 3.
    \326\ JATMA Comments, Docket No. NHTSA-2008-0121-0031.1 at 2.
---------------------------------------------------------------------------

    Michelin requested that if the new rating is implemented the 
requirements for UTQGS be modified and that adequate implementation 
times or some other considerations must be allowed to prevent large 
costs for mold replacement.\327\
---------------------------------------------------------------------------

    \327\ Michelin Comments, Docket No. NHTSA-2008-0121-0048.1 at 9.
---------------------------------------------------------------------------

    RMA requested lead time of 24 months after the specification of a 
reference laboratory and availability of certified LATs to correlate 
rolling resistance testing.\328\ RMA commented

[[Page 15938]]

that logistical considerations regarding LATs and the reference 
laboratory indicate that it would be difficult if not impossible to 
meet the compliance date set forth in the proposal. Further, RMA stated 
that restrictive application of ISO 28580 would require significant 
capital investment to acquire sufficient test capacity to test 
applicable tires to the two specified measurement methods using an 80-
grit surface. RMA additionally commented that basing the wet traction 
rating on peak coefficient of friction, rather than the current slide 
coefficient of friction-based wet traction rating under UTQGS will 
require additional testing of existing tires, since tire manufacturers 
do not have peak data available on sufficient existing tires to 
interpolate wet traction rating. RMA estimated that a minimum of 24 
months is required to obtain reference tires, correlate to a reference 
laboratory, conduct sufficient testing, rate existing tires, and report 
ratings to NHTSA. RMA requested that the compliance date for the rule 
be tied to the availability of LATs.
---------------------------------------------------------------------------

    \328\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 9, 13-
14.
---------------------------------------------------------------------------

    RMA also asked for 6 months after the introduction of a new tire to 
report ratings to NHTSA and retailers ``consistent with current UTQGS 
regulations.''
    Agency response: Regarding the requests for additional lead time, 
NHTSA agrees with RMA that the lead time should be after the 
specification of a reference laboratory. As discussed above in section 
IV.B, the ISO 28580 test method specifies lab alignment procedures to 
account for lab-to-lab variability between different rolling resistance 
test machines. ISO 28580 specifies that the test method requires the 
specification of a reference laboratory (``Alignment Lab''), which will 
test LATs against which all other laboratories can align their 
measurements. NHTSA will select one or more private laboratories to be 
the Alignment Lab, but section IV.B explains that the agency will need 
some time to develop and implement the procedures for the selection of 
the Alignment Lab(s). For this reason, tire manufacturers cannot begin 
rating their tires for fuel efficiency until the reference lab is able 
to test and certify LATs. NHTSA will publish a Federal Register notice 
of the reference lab or labs' readiness to test LATs under ISO 28580 
soon after the agency selects an Alignment Lab or Labs.
    Recognizing the uncertainty of the rulemaking timeline for 
finalizing the requirements and content of the consumer information and 
consumer education portions of the tire fuel efficiency program, NHTSA 
will tie all compliance dates to the latter of the consumer information 
and education final rule, or the final rule announcing the availability 
of the reference laboratory or laboratories to test LATs under ISO 
28580. NHTSA intends to also announce in the latter of the two final 
rules noted above the first date by which tire manufacturers must 
submit required data to NHTSA on replacement tires, and replacement 
tires sold by the manufacturer or transferred to tire retailers must be 
labeled or include yet-to-be-determined consumer information material. 
If the later of the final rules is the one in which NHTSA announces the 
selection of a reference laboratory or laboratories with the capability 
to test LATs, for tires with 15 and 16-inch rim sizes, the compliance 
date would be approximately 12 months after the notice, and would 
correspond to the closest Early Warning Reporting (EWR) data submission 
requirement date,\329\ as manufacturers will be able to include the 
required data for this regulation with the EWR reports.\330\ For all 
other passenger car tire rim sizes, this date would be approximately 24 
months after the notice, and would correspond to the closest EWR data 
submission requirement date.
---------------------------------------------------------------------------

    \329\ Responding to the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act requirements in 2002, 
NHTSA issued rules requiring that motor vehicle and equipment 
manufacturers provide communications regarding defective equipment, 
information on foreign safety recalls and certain early warning 
data. 49 CFR Part 579; see Final Rule, Reporting of Information and 
Documents About Potential Defects Retention of Records That Could 
Indicate Defects, 67 FR 45822 (July 10, 2002); Final Rule, Reporting 
of Information About Foreign Safety Recalls and Campaigns Related to 
Potential Defects, 67 FR 63295 (Oct. 11, 2002).
    \330\ NHTSA will expand the production reporting template to 
include the information required for this regulation. Those reports 
are due within 30 days of the end of each calendar quarter.
---------------------------------------------------------------------------

    If the final rule specifying the requirements and content of the 
consumer information portion of the program occurs after the final rule 
specifying the reference laboratory or laboratories, NHTSA may 
establish a lead time different from the phase in described above since 
tire manufacturers will have had since the final rule specifying the 
reference laboratory or laboratories to begin testing to the test 
procedures specified in this final rule.
    NHTSA has determined that upon the availability of LATs, 
manufacturers will be able to accurately rate all tires within 24 
months. However, recognizing that the deadlines imposed by EISA 
indicate a desire to have information available to consumers as quickly 
as possible, NHTSA would phase in the availability of this consumer 
information. Because tires with 15 and 16 inch rim sizes make up more 
than 22 percent of sales in the replacement passenger car tire market, 
NHTSA believes there will be a significant benefit for requiring these 
most popular tire sizes to be rated as soon as possible.\331\ In 2008, 
tires with 15 and 16 inch rim sizes represented approximately 33 
percent of the tire sizes available in the market.\332\ Therefore, 
NHTSA believes that tire manufacturers will be able to rate those tires 
within 12 months after the availability of LAT testing at the Alignment 
Lab or Labs.
---------------------------------------------------------------------------

    \331\ Nine out of the ten most popular tire size designations 
(by sales volume) are tires with 15 inch or 16 inch rim sizes. These 
nine tire size designations represent 23.2% of replacement passenger 
car tire sales. See RMA 2009 Tire Industry Factbook, available at 
https://www.rma.org/publications/market_information/index.cfm?PublicationID=11500 (last accessed Nov. 18, 2009).
    \332\ Id.
---------------------------------------------------------------------------

    To accurately rate all replacement passenger car tires, tire 
manufacturers need more than the 12 months proposed in the NPRM for two 
reasons. First, NHTSA acknowledges that the correlations between other 
rolling resistance tests and ISO 28580 have only been validated for the 
Smithers Scientific Services, Inc. (Smithers) and Standards Testing 
Laboratories (STL) labs, therefore, more time may be needed for 
correlating between other labs and the ISO test. While some 
manufacturers may have already begun testing using ISO 28580, given how 
recent the final ISO procedure was adopted, many probably have 
not.\333\ To have confidence that any prediction of an ISO 28580 test 
score using the other rolling resistance test procedures would be 
within some reasonably specified compliance tolerance band, 
manufacturers will likely need time to validate correlation equations 
if they are using other machines/labs. The equations NHSTA provided in 
the Phase 2 research report to correlate the other SAE and ISO rolling 
resistance test methods have only been validated on the machines at 
Smithers and STL.
---------------------------------------------------------------------------

    \333\ The ISO 28580 final test procedure was published on July 
31, 2009.
---------------------------------------------------------------------------

    Second, NHTSA also agrees that manufacturers may need to correlate 
peak traction coefficients on the test surfaces at the NHTSA San Angelo 
Test Facility (SATF). Whenever tire manufacturers have provided the 
agency with tire traction data, these data have included peak and slide 
coefficients of friction. However, tire manufacturers or the 
laboratories that they hire often do not run test procedures at the 
same speed, water level, surface texture, etc.

[[Page 15939]]

as NHTSA uses at the SATF. As with correlating different rolling 
resistance test data to another test, manufacturers are likely familiar 
enough with this testing to know they can replicate or predict the wet 
slide numbers from the SATF, even if their test procedure is different. 
However, tire manufacturers likely currently have little or no 
correlation to peak friction coefficient values at the SATF, since that 
information would not previously have been used for tire ratings. 
Therefore, it likely will take tire manufacturers more than a year to 
test enough tires to establish a correlation to include estimated 
values in the reporting formula.
    As for the reporting of ratings for a new tire SKU that is 
introduced after the effective date of this regulation, RMA points to 
section 104(d)(A) of Part 575 of Title 49 Code of Federal Regulations 
(CFR) to support its contention that current UTQGS requirements allow a 
tire manufacturer 6 months to report tire ratings to NHTSA and tire 
retailers. We assume RMA is referring to section 104(d)(1)(i)(A), which 
states that ``[e]xcept for a tire of a new tire line, manufactured 
within the first six months of production of the tire line, each tire 
shall be graded with the words, letters, symbols, and figures specified 
in [the UTQGS regulation], permanently molded into or onto the tire 
sidewall * * *.'' Thus, this requirement gives tire manufacturers six 
(6) months from the introduction of a new tire in a tire line to mold 
the ratings onto the sidewall of the tire. However, 49 CFR 
575.6(d)(2)(i) specifies that ``[i]n the case of Sec.  575.104, each 
brand name owner of tires, and each manufacturer of tires for which 
there is no brand name owner shall submit to the Administrator 2 copies 
of the information specified in [the UTQGS regulations] that is 
applicable to the tires offered for sale, at least 30 days before it is 
first provided for examination by prospective purchasers pursuant to 
paragraph (c) of this section.'' In turn, section 575.6(c) states that 
``each brand name owner of tires * * * shall provide for examination by 
prospective purchasers, at each location where its * * * tires are 
offered for sale by a person with whom the * * * brand name owner has a 
contractual, proprietary, or other legal relationship, or by a person 
who has such relationship with a distributor of the * * * brand name 
owner concerning the * * * tire in question, the information specified 
in [the UTQGS regulation] that is applicable to each of the * * * tires 
offered for sale at that location.'' This is the language that the 
proposed regulatory text was based on and NHTSA continues to believe 
that the 30 days prior to sale requirement is appropriate for new 
tires.
    Tire retailers: NHTSA intends to announce in the final rule 
specifying the requirements and content of the consumer information and 
consumer education portion of the program the compliance dates for any 
tire retailer requirements established in that rulemaking.
    Because NHTSA intends to conduct further testing and consultation 
before making decisions regarding consumer information materials, we 
cannot definitively announce at this point when any consumer 
information materials will be available.

XI. Enforcement

    The NPRM explained that the proposed test procedures are the ones 
NHTSA would use for compliance testing. The NPRM also explained that 
while NHTSA was proposing to only consider finding a rating 
noncompliance if agency testing provided data that would give the tire 
in question a rating that was lower than that printed on the tire label 
(minimum requirement or ``one-way zero tolerance''), the NPRM also 
discussed two-way tolerances for RRF, traction, and treadwear. Such a 
system would find a rating noncompliance if agency test results were 
outside of a specified tolerance band on either side of the 
rating.\334\ The two-way tolerances discussed in the NPRM were 
developed after the agency had considered the repeatability of a tire 
tested as well as the variability of machine-to-machine tests, lab-to-
lab tests, rounding errors, and the potential for different results due 
to different manufacturing dates.
---------------------------------------------------------------------------

    \334\ Tire Fuel Efficiency NPRM, supra note 9, at 29580.
---------------------------------------------------------------------------

    The NPRM explained that for UTQGS, NHTSA specifies a test procedure 
for each rating. For traction and temperature resistance, the 
regulation then sets a performance level at which the tire must be 
rated a C, and higher levels at which the manufacturer may rate it a B, 
A, or in the case of traction AA. The regulation was written this way 
as an acknowledgement of some level of necessary variability in the 
manufacture of tires. For tires that perform at a performance level 
that is near the border of two grades, the regulation allows the 
manufacturer to ``underrate'' to allow for the possibility that NHTSA 
might select a tire for compliance testing that would perform at the 
lower level. However, because the regulation does not limit 
manufacturers to ``underrating'' by only a single grade, UTQGS is often 
criticized for not providing consumers with ``accurate'' 
information.\335\
---------------------------------------------------------------------------

    \335\ For example, in the September 1996 final rule that amended 
the UTQGS by revising the treadwear testing procedures to eliminate 
treadwear grade inflation and other related issues, some commenters 
believed that the treadwear grade should be removed from the UTQGS 
because manufacturers treadwear warranties continued to improve and 
the treadwear label under the UTQGS become less significant for tire 
consumers. 61 FR 47437 (Sept. 9, 1996). However, NHTSA disagreed 
with the commenter because as one manufacturer acknowledged that the 
manufacturers warranties are not always based on test results and 
not all tires carry manufacturers' warranties. See also Tire Rack, 
Tire Tech Information/General Tire Information (2009), available at 
http://www.tirerack.com/tires/tiretech/techpage.jsp?techid=48 (last 
accessed Nov. 4, 2009) (``The problem with UTQG Treadwear Grades is 
that they are open to some interpretation on the part of the tire 
manufacturer because they are assigned after the tire has only 
experienced a little treadwear as it runs the 7,200 miles. This 
means that the tire manufacturers need to extrapolate their raw wear 
data when they are assigning Treadwear Grades, and that their grades 
can to some extent reflect how conservative or optimistic their 
marketing department is.'')
---------------------------------------------------------------------------

    Despite such criticisms, NHTSA proposed to require the ratings 
assigned by a manufacturer under the proposed rule to be less than or 
equal to the rating determined by the agency using the specified 
procedures. In part this decision was based on concerns that the 
program would not result in a situation where NHTSA would be taking 
enforcement action against a manufacturer for the safety and durability 
ratings under the new rating program, when enforcement action would not 
be warranted for UTQGS ratings based on the same test procedures. NHTSA 
will discuss comments received on the NPRM enforcement approach in the 
supplemental NPRM re-proposing the consumer information and consumer 
education components of the program, which will include new proposed 
ratings formulas.
    In addition to requiring rulemaking establishing a national tire 
fuel efficiency rating system and related requirements (49 U.S.C. 
32304A), Section 111 of EISA amends 49 U.S.C. 32308 (General 
prohibitions, civil penalty, and enforcement) to provide that a person 
who fails to comply with the national tire fuel efficiency information 
program under section 32304A is liable to the Government for a civil 
penalty of not more than $50,000 for each violation.\336\ RMA 
recommended that NHTSA define ``each violation'' to mean when a tire 
rating is improperly reported to NHTSA for a tire SKU. RMA asked NHTSA 
to clarify its intent and provide opportunity to comment. NHTSA 
declines RMA's

[[Page 15940]]

invitation. To begin, rulemaking on the meaning and scope of the EISA 
penalty provision is not within the directive of EISA's provision on 
what the rulemaking shall include.\337\ Second, the NPRM did not 
propose rulemaking on the meaning and scope of the penalty provision. 
In the absence of notice in the NPRM, it would be inappropriate to 
adopt a final rule on the meaning and scope of the penalty provision. 
RMA implicitly recognizes this, as it recommends that NHTSA provide an 
opportunity for comment. But, in general, the proper vehicle for such a 
request is a petition for rulemaking, not a comment on a NPRM. In the 
context of enforcement, we believe that it is appropriate to address 
the meaning of the EISA penalty provisions in the concrete context of a 
civil action under 49 U.S.C. 32308 before a U.S. District Court. Courts 
have long determined the meaning and application of the terms of civil 
penalty statutes in the course of adjudicating civil penalty 
cases.\338\ In any event, NHTSA takes the position that the Government 
may seek a penalty of not more than $50,000 for any violation of the 
rule that under the law a Court may find to be a separate violation.
---------------------------------------------------------------------------

    \336\ 49 U.S.C. 32308(c).
    \337\ See 49 U.S.C. 32304A(a).
    \338\ United States v. ITT Continental Baking Co., 420 U.S. 223 
(1975); Borden Ranch Partnership v. U.S. Army Corps of Engineers, 
261 F.3d 810, 819 (9th Cir. 2001); Public Interest Research Gp. v. 
Powell Duffryn Terminals, Inc., 913 F.2d 64, 77-80 (3d Cir. 1990); 
Atlantic States Legal Foundation, Inc. v. Tyson Foods, Inc., 897 
F.2d 1128, 1137 et seq. (11th Cir. 1990); United States v. General 
Motors Corp., 565 F.2d 754, 761-62 (DC Cir.1977); United States v. 
Phelps Dodge Indus., Inc., 589 F.Supp. 1340, 1362 (S.D. N.Y. 1984).
---------------------------------------------------------------------------

XII. Regulatory Alternatives

    Throughout this final rule, in sections specific to various 
portions of the tire fuel efficiency consumer information program for 
replacement tires, NHTSA has discussed other options considered by the 
agency.

XIII. Conforming Amendments to Part 575

    Because this final rule adds a new section to 49 CFR Part 575, the 
agency must modify the table of contents of Part 575. Additionally, we 
have modified the scope and definitions sections at the beginning of 
Part 575, 49 CFR 575.1, 575.2, to be sufficiently broad to apply to all 
regulations contained in Part 575. Since the NPRM, the agency realized 
that the scope and definitions sections appeared to have not been 
modified since Part 575 was first promulgated in the 1970s. Since then 
NHTSA has added additional consumer information regulations to Part 
575, including the agency's new car assessment program (NCAP) 
regulations, 49 CFR 575.301. Thus, the agency believes that the 
generalized scope and definitions sections that apply to all of Part 
575 should be expanded and modified as detailed in the regulatory text 
below. These changes do not substantively affect the regulations in 
Part 575, but merely clarify that Subpart A sections apply to all of 
Part 575, and that definitions in the NCAP regulations should refer to 
statutory definitions from NCAP's authorizing statute, the Automobile 
Information Disclosure Act, 15 U.S.C. Chapter 28, as opposed to the 
Safety Act.
    Further, under 1 CFR part 51, Incorporation by Reference, the 
agency must declare that the Director of the Federal Register has 
approved incorporation by reference of a publication into a regulation. 
In this rule, the agency is amending the incorporation by reference 
provision at Sec.  575.3, Matter incorporated by reference, to include 
a centralized index of all of the publications incorporated into Part 
575. This is not intended to alter the substance any references, but 
merely to centralize all of the incorporation by references contained 
in Part 575. Also in this final rule we are updating the existing 
information in Sec.  575.3 to include updated language in regard to 
incorporation of materials by reference, including new procedures for 
retrieving materials from the National Archives and Records 
Administration and a new format indicating the sections where 
incorporated materials are referenced.
    Finally, this final rule also makes a number of changes to the 
regulatory text throughout the various sections of Parts 575. This is 
being done to standardize the reference to industry consensus standards 
incorporated by reference throughout Part 575, and to provide internal 
cross references back to the centralized incorporation by reference 
section, 49 CFR 575.3, so that readers understand where they can find 
all materials incorporated by reference in Part 575.

XIV. Regulatory Notices and Analyses

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, Oct. 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or Tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    We have considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. The annual effect on the economy of this 
rulemaking depends on consumer and manufacturer responses to the 
program. However, this rulemaking is significant due to public interest 
in the issues. Therefore, this document was reviewed by the Office of 
Management and Budget under E.O. 12866, ``Regulatory Planning and 
Review.''
    This document would amend 49 CFR Part 575 by adding a new section 
for requirements pursuant to the National Tire Fuel Efficiency Consumer 
Information Program. The agency has prepared a Final Regulatory Impact 
Analysis (FRIA) and placed it in the docket and on the agency's Web 
site. If 1 percent of the targeted tire population (1.4 million) are 
improved at an average cost of $3 per tire, the annual cost of NHTSA's 
final rule is estimated to be $9.3 million. This includes annual 
testing costs of $3.7 million, annual reporting costs of around 
$113,000, annual costs to the Federal government of $1.3 million, and 
annual costs of $4.2 million to improve tires. In the first year, NHTSA 
anticipates one-time costs of $34.8 million, including the same costs 
noted above except changes in initial testing costs of $33.1 million, 
no one-time costs to improve tires (NHTSA only assumes this as a 
subsequent annual cost, not an initial cost), and reporting start-up 
costs of almost $400,000. For a further explanation of the estimated 
costs, see the FRIA provided in the docket for this proposal.

B. National Environmental Policy Act

    We have reviewed this rule for the purposes of the National 
Environmental Policy Act and determined that it would

[[Page 15941]]

not have a significant impact on the quality of the human environment.

C. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' 13 CFR 121.105(a). No regulatory 
flexibility analysis is required if the head of an agency certifies the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    In compliance with the Regulatory Flexibility Act NHTSA has 
evaluated the effects of this final rule on small entities. The head of 
the agency has certified that this final rule would not have a 
significant economic impact on a substantial number of small entities. 
The following is NHTSA's statement providing the factual basis for the 
certification (5 U.S.C. 605(b)). Tire manufacturers are not small 
entities. Out of the 60,000 entities that sell tires, there are a 
substantial number of tire dealers/retailers that are small entities. 
Since this final rule does not finalize any requirements pertaining to 
tire retailers, this final rule would not have a significant economic 
impact on a substantial number of small entities.

D. Executive Order 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to Executive Order 
13132 (64 FR 43255, August 10, 1999). Executive Order 13132 requires 
agencies to determine the federalism implications of a proposed rule.
    As noted in section II.C.7 above, Section 111 of EISA contains both 
an express preemption provision and a savings provision that address 
the relationship of the national tire fuel efficiency consumer 
information program to be established under that section with State and 
local tire fuel efficiency consumer information programs. Section 111 
provides:

    Nothing in this section prohibits a State or political 
subdivision thereof from enforcing a law or regulation on tire fuel 
efficiency consumer information that was in effect on January 1, 
2006. After a requirement promulgated under this section is in 
effect, a State or political subdivision thereof may adopt or 
enforce a law or regulation on tire fuel efficiency consumer 
information enacted or promulgated after January 1, 2006, if the 
requirements of that law or regulation are identical to the 
requirement promulgated under this section. Nothing in this section 
shall be construed to preempt a State or political subdivision 
thereof from regulating the fuel efficiency of tires (including 
establishing testing methods for determining compliance with such 
standards) not otherwise preempted under this chapter.\339\
---------------------------------------------------------------------------

    \339\ 49 U.S.C. 32304A(e).

    In the NPRM, NHTSA sought public comment on the scope of Section 
111 generally, and in particular on whether, and to what extent, 
Section 111 would or would not preempt tire fuel consumer information 
regulations that the administrative agencies of the State of California 
may promulgate in the future pursuant to California's Assembly Bill 844 
(AB 844).\340\ Given the ambiguity of the statutory language regarding 
preemption, the agency sent a copy of the NPRM directly to the State of 
California, the National Governor's Association, the National 
Conference of State Legislatures, the Council of State Governments, and 
the National Association of Attorneys General. Of these organizations, 
only the California Energy Commission submitted comments on the NPRM. A 
summary of all comments the agency received on this issue is presented 
here.
---------------------------------------------------------------------------

    \340\ Cal. Pub. Res. Code Sec. Sec.  25770-25773; 2003 Cal. 
Legis. Serv. Ch. 645 (A.B. 844) (West). This California legislation 
mandated that the California Energy Commission (CEC) develop and 
implement both a tire efficiency program and a corresponding 
consumer information program, and was passed on October 1, 2003.
---------------------------------------------------------------------------

    Tire Rack commented that it believes NHTSA's proposed tire fuel 
efficiency consumer information program and the California's AB 844 are 
complementary regulations as currently proposed and can coexist.\341\ 
Tire Rack stated that the NHTSA regulations will provide consumers with 
the ability to compare and contrast a tire's influence on vehicle fuel 
consumption in great detail (as well as information on safety and 
durability), where the State of California bill identifies tires that 
offer the lowest rolling resistance in their size, as well as assures 
meaningful data will be available to tire dealers and consumers. Tire 
Rack also pointed out that both proposed regulations specify ratings 
based on the same tire characteristic (RRF) and test procedure (ISO 
28580). Additionally, Tire Rack noted that California's AB 844 includes 
LT-sized tires fitted to many Jeeps, pickup trucks and sport utility 
vehicles used for personal transportation in the State of California.
---------------------------------------------------------------------------

    \341\ Tire Rack Comments, Docket No. NHTSA-2008-0121-0026.1 at 
2.
---------------------------------------------------------------------------

    The California Energy Commission (CEC) commented that a review of 
general preemption principles and the legislative history of the 
preemption provision in EISA section 111 provide ample evidence that 
California is not preempted from implementing a tire fuel efficiency 
consumer information program.\342\ CEC commented that California did 
have a law on tire fuel efficiency consumer information in effect on 
January 1, 2006. That law directs the Commission to develop a 
replacement tire efficiency program. Thus, CEC commented that the plain 
meaning of the express preemption clause is that California may develop 
and implement such a program without running afoul of Federal law. 
Further, CEC commented that California is the only State that had 
adopted a tire efficiency consumer information law by January 1, 2006. 
Thus, CEC stated that in order to give any practical effect to the 
savings clause, Congress must have intended California's program to be 
exempt from the preemption that was imposed on the other States. 
Additionally, CEC pointed to a House Committee on Energy and Commerce 
Report on the language which stated that ``[t]his language would exempt 
from preemption the 2003 California law that requires the California 
Energy Commission to develop a comprehensive tire energy efficiency 
program.''\343\ CEC recognized that this House Report was prepared in 
response to language that was not enacted,\344\ but commented that 
because the language the non-enacted bill contained is identical to 
that which was ultimately adopted in EISA one year later, the House 
Report is compelling evidence that Congress intended the savings clause 
to apply to California. Thus, CEC requested that NHTSA conclude that 
the savings clause in 49 U.S.C., Sec.  32304A allows California to 
implement its statutory mandate to develop a replacement tire 
efficiency program.
---------------------------------------------------------------------------

    \342\ CEC Comments, Docket No. NHTSA-2008-0121-0033 at 2-4.
    \343\ H.R. Rep. No. 109-537, 2d Sess., p. 6 (2006).
    \344\ See H.R. 5632, 109th Cong., 2d Sess. (2006).
---------------------------------------------------------------------------

    In contrast, RMA commented that EISA, in combination with other 
Federal law, preempts California from promulgating tire fuel efficiency 
information regulations under AB 844.\345\ RMA commented that CEC's 
Staff Draft Proposal, which made public CEC's proposed regulations 
under AB

[[Page 15942]]

844, conflicts with NHTSA's NPRM, and would undermine the Federal 
program and lead to fewer environmental benefits derived from either 
program. RMA commented that California's AB 844 and NHTSA have the same 
goals relating to environmental policy and consumer education with 
regard to fuel economy, but use different means. RMA stated that 
compliance with both NHTSA's and California's proposed regulations is 
impractical, if not impossible and that NHTSA's regulations should, 
therefore, preempt California's regulations. RMA stated that because 
NHTSA proposed a graded rating system while California is proposing a 
binary ratings system,\346\ NHTSA's and California's differing 
proposals would create two rating systems on tires sold in California 
with separate labels displaying ratings on different scales. RMA 
commented that two dissimilar ratings will only serve to confuse rather 
than educate consumers. Further, RMA commented that the California rule 
must be preempted because it would interfere with NHTSA's sole 
authority to regulate tire safety. Finally, RMA commented that by 
attempting to regulate fuel efficiency through tire labels, 
California's standards practically impose a fuel efficiency standard 
and impermissibly intrude in a field already occupied by the Federal 
government. For these and other reasons detailed in RMA's comments, RMA 
urged NHTSA to determine that the proposed rules preempt California 
State regulation under AB 844, other than regulations that are 
identical to the Federal regulations.
---------------------------------------------------------------------------

    \345\ RMA Comments, Docket No. NHTSA-2008-0121-0036.1 at 15; RMA 
Comments Appendix 3, Docket No. NHTSA-2008-0121-0036.4 at 19-40.
    \346\ California is proposing to designate all tires with 
rolling resistance values within 15 percent of tires with the lowest 
rolling resistance as fuel efficient. RMA noted that this, in 
effect, creates a two rating system--fuel efficient tires and all 
other tires.
---------------------------------------------------------------------------

    Given that California has not promulgated final regulations yet, 
NHTSA believes that it is premature to consider the applicability of 
the EISA section 111 preemption provision. Moreover, NHTSA notes that 
it is ultimately a court, not NHTSA, which would determine whether or 
not future regulations established by the State of California are 
preempted under Federal law.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \347\ 
NHTSA has considered whether this rulemaking would have any retroactive 
effect. This proposed rule does not have any retroactive effect.
---------------------------------------------------------------------------

    \347\ 61 FR 4729 (Feb. 7, 1996).
---------------------------------------------------------------------------

F. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires Federal agencies to prepare a written assessment of the costs, 
benefits, and other effects of a proposed or final rule that includes 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 in any one year (adjusted for inflation with base 
year of 1995). Adjusting this amount by the implicit gross domestic 
product price deflator for 2008 results in $133 million (108.483/81.536 
= 1.33).
    Before promulgating a rule for which a written statement is needed, 
section 205 of the UMRA generally requires NHTSA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows NHTSA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
agency publishes with the final rule an explanation why that 
alternative was not adopted.
    This final rule will not result in the expenditure by State, local, 
or Tribal governments, in the aggregate, of more than $133 million 
annually, and will not result in the expenditure of that magnitude by 
tire manufacturers and/or tire retailers.

G. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 
1995 (PRA), a person is not required to respond to a collection of 
information by a Federal agency unless the collection displays a valid 
OMB control number. The final rule establishes a new consumer 
information program at 49 CFR Part 575.106, Tire fuel efficiency 
consumer information program. Tire manufacturers would provide data to 
NHTSA under a reporting requirement. For this new regulation, NHTSA is 
submitting to OMB a request for approval of the following collection of 
information.
    In compliance with the PRA, this notice announces that the 
Information Collection Request (ICR) abstracted below has been 
forwarded to OMB for review and comment. The ICR describes the nature 
of the information collections and their expected burden. This is a 
request for an amendment of an existing collection.
    Agency: National Highway Traffic Safety Administration (NHTSA).
    Title: 49 CFR Part 575.106, Tire fuel efficiency consumer 
information program.
    Type of Request: New collection.
    OMB Clearance Number: Not assigned.
    Form Number: The collection of this information will not use any 
standard forms.
    Requested Expiration Date of Approval: Three years from the date of 
approval.
Summary of the Collection of Information
    NHTSA is adding a new requirement in Part 575 which would require 
tire manufacturers and tire brand name owners to rate all replacement 
passenger car tires for fuel efficiency (i.e., rolling resistance), 
safety (i.e., wet traction), and durability (i.e., treadwear), and 
submit reports to NHTSA regarding the ratings. The ratings for safety 
and durability are based on test procedures specified under the UTQGS 
traction and treadwear ratings requirements. This information would be 
used by consumers of replacement passenger car tires to compare tire 
fuel efficiency across different tires and examine any tradeoffs 
between fuel efficiency (i.e., rolling resistance), safety (i.e., wet 
traction), and durability (i.e., treadwear) in making their purchase 
decisions.
Description of the Need for the Information and Use of the Information
    NHTSA needs the information to provide consumers information to 
allow them to compare tire fuel efficiency across different tires and 
examine any tradeoffs between fuel efficiency (i.e., rolling 
resistance), safety (i.e., wet traction), and durability (i.e., 
treadwear) in making their purchase decisions.
Description of the Likely Respondents (Including Estimated Number, and 
Proposed Frequency of Response to the Collection of Information)
    There are approximately 28 manufacturers of replacement tires sold 
in the United States who would be required to report annually.
Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting From the Collection of Information
    NHTSA estimates that there are 28 tire manufacturers that will be 
required to report. Each of these will need to set up the software in a 
computer program to combine the testing information, organize it for 
NHTSA's use, etc. We

[[Page 15943]]

estimate this cost to be a one-time charge of about $10,000 per 
company. Based on the costs used in the Early Warning Reporting 
Regulation analysis,\348\ we estimate the annual cost per report per 
tire manufacturer to be $287. There are also computer maintenance costs 
of keeping the data up to date, etc. as tests come in throughout the 
year. In the EWR analysis, we estimated costs of $3,755 per year per 
company. Thus, the total annual cost is estimated to be $4,042 per 
company. Thus the total costs would be $280,000 + $113,176 = $393,176 
for the first year and $113,176 as an annual cost for the 28 tire 
manufacturers.
---------------------------------------------------------------------------

    \348\ Preliminary Regulatory Evaluation, Tread Act Amendments to 
Early Warning Reporting Regulation Part 579 and Defect and 
Noncompliance Part 573, August 2008 (Docket No. 2008-0169-0007.1).
---------------------------------------------------------------------------

    The largest portion of the cost burden imposed by the tire fuel 
efficiency program arises from the testing necessary to determine the 
ratings that should be assigned to the tires. As detailed in of the 
FRIA, our revised per-SKU costs to test for rolling resistance, 
traction, and treadwear amount to $1,180 (i.e., $180 + $500 + $500). 
This would result in testing costs of $22,420,000 in the first year 
(19,000 SKUs) and $3,801,960 in subsequent years (3,222 new SKUs 
annually).
    The estimated annual cost to the Federal government is $1.28 
million. This cost includes $730,000 for enforcement testing, and about 
$550,000 annually to set up and keep up to date a Web site that 
includes the information reported to NHTSA.
    Comments are invited on:
     Whether the collection of information is necessary for the 
proper performance of the functions of the Department, including 
whether the information will have practical utility.
     Whether the Department's estimate for the burden of the 
information collection is accurate.
     Ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology.
    A comment to OMB is most effective if OMB receives it within 30 
days of publication. Send comments to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Washington, DC 20503, Attn: NHTSA Desk Officer. PRA comments are 
due within 30 days following publication of this document in the 
Federal Register.
    The agency recognizes that the amendment to the existing collection 
of information contained in today's final rule may be subject to 
revision in response to public comments and the OMB review.

H. Executive Order 13045

    Executive Order 13045 \349\ applies to any rule that: (1) Is 
determined to be economically significant as defined under E.O. 12866, 
and (2) concerns an environmental, health or safety risk that NHTSA has 
reason to believe may have a disproportionate effect on children. If 
the regulatory action meets both criteria, we must evaluate the 
environmental health or safety effects of the proposed rule on 
children, and explain why the proposed regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by us.
---------------------------------------------------------------------------

    \349\ 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

    This rule does not pose such a risk for children. The primary 
effects of this rule are to conserve energy by educating consumers to 
make better informed tire purchasing decisions.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary 
consensus standards in its regulatory activities unless doing so would 
be inconsistent with applicable law (e.g., the statutory provisions 
regarding NHTSA's vehicle safety authority) or otherwise impractical.
    Voluntary consensus standards are technical standards developed or 
adopted by voluntary consensus standards bodies. Technical standards 
are defined by the NTTAA as ``performance-based or design-specific 
technical specification and related management systems practices.'' 
They pertain to ``products and processes, such as size, strength, or 
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus 
standards bodies include the American Society for Testing and Materials 
(ASTM), the Society of Automotive Engineers (SAE), and the American 
National Standards Institute (ANSI). If NHTSA does not use available 
and potentially applicable voluntary consensus standards, we are 
required by the Act to provide Congress, through OMB, an explanation of 
the reasons for not using such standards.
    The rule establishes test procedures for a national tire fuel 
efficiency rating system for replacement passenger car tires to assist 
consumers in making more educated tire purchasing decisions. For 
purposes of the fuel efficiency rating determination, NHTSA will base 
the rating determination on a rolling resistance test method ISO 
28580:2009(E), Tyre Rolling Resistance measurement method--Single point 
test and measurement result correlation--Designed to facilitate 
international cooperation and, possibly, regulation building. The ISO 
is a worldwide federation of national standards bodies that prepares 
standards through technical committees comprised of international 
organizations, governmental and non-governmental, in liaison with 
ISO.\350\ Standards developed by ISO are voluntary consensus standards.
---------------------------------------------------------------------------

    \350\ ISO Central Secretariat, 1, ch. de la Voie-Creuse, Case 
postale 56, CH-1211 Geneva 20, Switzerland, Telephone +41 22 749 01 
11, Fax +41 22 733 34 30, http://www.iso.org.
---------------------------------------------------------------------------

J. Executive Order 13211

    Executive Order 13211\351\ applies to any rule that: (1) Is 
determined to be economically significant as defined under E.O. 12866, 
and is likely to have a significant adverse effect on the supply, 
distribution, 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. If the regulatory action meets either 
criterion, we must evaluate the adverse energy effects of the proposed 
rule and explain why the proposed regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by NHTSA.
---------------------------------------------------------------------------

    \351\ 66 FR 28355 (May 18, 2001).
---------------------------------------------------------------------------

    The rule establishes test procedures for a national tire fuel 
efficiency rating program for the purpose of educating consumers about 
the effect of tires on fuel efficiency, safety and durability, which if 
successful, will likely reduce the rolling resistance of replacement 
passenger car tires and, thus, reduce the consumption of petroleum. 
Therefore, this final rule will not have any adverse energy effects. 
Accordingly, this rulemaking action is not designated as a significant 
energy action.

K. 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.

[[Page 15944]]

L. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Comments from RMA indicated that it was confused about 
what was being proposed in certain respects due to preamble typos and 
alleged inconsistencies between the preamble and the proposed 
regulatory text. NHTSA has clarified the proposals in this preamble and 
has eliminated any inconsistencies between the preamble and the final 
regulatory text. NHTSA has attempted to use plain language in 
promulgating this final rule.

M. 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 organization, 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://www.dot.gov/privacy.html.

List of Subjects in 49 CFR Part 575

    Consumer protection, Incorporation by reference, Motor vehicle 
safety, Reporting and recordkeeping requirements, Tires.

0
In consideration of the foregoing, NHTSA is amending 49 CFR Part 575 as 
follows:

PART 575--CONSUMER INFORMATION

0
1. Revise the authority citation of Part 575 to read as follows:

    Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123, 
30166, and 30168, Pub. L. 104-414, 114 Stat. 1800, Pub. L. 109-59, 
119 Stat. 1144, Pub. L. 110-140, 121 Stat. 1492, 15 U.S.C. 1232(g); 
delegation of authority at 49 CFR 1.50.


0
2. Revise Sec.  575.1 to read as follows:

Subpart A--General


Sec.  575.1  Scope.

    This part contains National Highway Traffic Safety Administration 
regulations relating to consumer information.


0
3. Revise Sec.  575.2 (a) and (c) to read as follows:


Sec.  575.2  Definitions.

    (a) Statutory definitions.--(1) All terms used in this part, 
subject to paragraph (a)(2) of this section, that are defined in 49 
U.S.C. 30102, are used as defined therein.
    (2) All terms used in Subpart D of this part that are defined in 15 
U.S.C. 1231, are used as defined therein.
* * * * *
    (c) Definitions used in this part.
    Owners manual means the document which contains the manufacturers 
comprehensive vehicle operating and maintenance instructions, and which 
is intended to remain with the vehicle for the life of the vehicle.
    Skid number means the frictional resistance measured in accordance 
with ASTM E 274 (incorporated by reference, see Sec.  575.3) at 40 
miles per hour, omitting water delivery as specified in paragraph 7.1 
of ASTM E 274 (incorporated by reference, see Sec.  575.3).


0
4. Revise Sec.  575.3 to read as follows:


Sec.  575.3  Matter incorporated by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the National Highway Traffic Safety 
Administration (NHTSA) must publish notice of change in the Federal 
Register and the material must be available to the public. All approved 
material is available for inspection at the NHTSA Technical Information 
Services Reading Room (http://www.nhtsa.dot.gov/cars/problems/trd/), 
1200 New Jersey Avenue, SE., Washington, DC 20590 (888-327-4236), and 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. All approved material is also available from the 
sources listed below. If you experience difficulty obtaining the 
standards referenced below, contact NHTSA's Office of Rulemaking, 1200 
New Jersey Avenue, SE., Washington, DC 20590, phone number: (202) 366-
0846.
    (b) International Organization for Standardization (ISO), 1, ch. de 
la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland, +41 22 749 01 
11, http://www.iso.org/iso/home.htm. All ISO materials are also 
available from the U.S. ISO member, American National Standards 
Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 
10036-7417, 212-642-4900, http://www.ansi.org/.
    (1) International Organization for Standardization (ISO), ISO 
28580:2009(E) (``ISO 28580''), ``Passenger car, truck and bus tyres--
Methods of measuring rolling resistance--Single point test and 
correlation of measurement results,'' First edition (July 1, 2009), IBR 
approved for Sec.  575.106.
    (2) [Reserved]
    (c) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, 610-832-
9500, http://www.astm.org/.
    (1) ASTM E 1136-93 (Reapproved 2003) (``ASTM E 1136''), ``Standard 
Specification for a Radial Standard Reference Test Tire'' (July 1993), 
IBR approved for Sec.  575.104.
    (2) ASTM E 1337-90 (Reapproved 2002) (``ASTM E 1337''), ``Standard 
Test Method for Determining Longitudinal Peak Braking Coefficient of 
Paved Surfaces Using a Standard Reference Test Tire'' (April 1990), IBR 
approved for Sec.  575.106.
    (d) The following standards are not available from the original 
publisher or a standards reseller. As indicated in paragraph (a) of 
this section, the standards are available for inspection at the NHTSA 
Technical Information Services Reading Room (http://www.nhtsa.dot.gov/cars/problems/trd/), 1200 New Jersey Avenue, SE., Washington, DC 20590 
(888-327-4236), and at NARA. For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. If you 
experience difficulty obtaining the standards referenced below, contact 
NHTSA's Office of Rulemaking, 1200 New Jersey Avenue, SE., Washington, 
DC 20590, phone number (202) 366-0846.
    (1) ASTM E 274-79 (``ASTM E 274''), ``Standard Test Method for Skid 
Resistance of Paved Surfaces Using a Full-Scale Tire'' (February 1980), 
IBR approved for Sec.  575.104.
    (2) ASTM F 377-74 (``ASTM F 377''), ``Standard Method for 
Calibration of Braking Force for Testing of Pneumatic Tires'' (March 
1974), IBR approved for Sec.  575.104.


0
5. Amend Sec.  575.104 by revising paragraphs (e)(2)(ix)(C), 
(f)(1)(ii), (f)(1)(iii), (f)(1)(iv), (f)(1)(v), and (f)(1)(vii), to 
read as follows:


Sec.  575.104  Uniform tire quality grading standards.

* * * * *
    (e) * * *
    (2) * * *
    (ix) * * *
    (C) Determine the course severity adjustment factor by dividing the 
base course wear rate for the course monitoring tires (see Note to this 
paragraph) by the average wear rate for the four course monitoring 
tires.
    Note to paragraph (e)(2)(ix)(C): The base wear rate for the course 
monitoring

[[Page 15945]]

tires will be obtained by the government by running the tire specified 
in ASTM E 1136 (incorporated by reference, see Sec.  575.3) course 
monitoring tires for 6,400 miles over the San Angelo, Texas, UTQGS test 
route 4 times per year, then using the average wear rate from the last 
4 quarterly CMT tests for the base course wear rate calculation. Each 
new base course wear rate will be published in the Federal Register. 
The course monitoring tires used in a test convoy must be no more than 
one year old at the commencement of the test and must be used within 
two months after removal from storage.
* * * * *
    (f) * * *
    (1) * * *
    (ii) The standard tire is the tire specified in ASTM E 501 
(incorporated by reference, see Sec.  575.3).
    (iii) The pavement surface is wetted in accordance with paragraph 
4.7, ``Pavement Wetting System,'' of ASTM E 274 (incorporated by 
reference, see Sec.  575.3).
    (iv) The test apparatus is a test trailer built in conformity with 
the specifications in paragraph 4, ``Apparatus,'' of ASTM E 274 
(incorporated by reference, see Sec.  575.3). The test apparatus is 
instrumented in accordance with paragraph 4.5 of that method, except 
that the ``wheel load'' in paragraph 4.3 and tire and rim 
specifications in paragraph 4.4 of that method are as specified in the 
procedures in paragraph (f)(2) of this section for standard and 
candidate tires.
    (v) The test apparatus is calibrated in accordance with ASTM F 377 
(incorporated by reference, see Sec.  575.3), with the trailer's tires 
inflated to 24 psi and loaded to 1,085 pounds.
* * * * *
    (vii) A standard tire is discarded in accordance with ASTM E 501 
(incorporated by reference, see Sec.  575.3).

* * * * *

0
6. Add Sec.  575.106 to subpart B to read as follows:


Sec.  575.106  Tire fuel efficiency consumer information program.

    (a) Scope. This section requires tire manufacturers, tire brand 
name owners, and tire retailers to provide information indicating the 
relative performance of replacement passenger car tires in the areas of 
fuel efficiency, safety, and durability.
    (b) Purpose. The purpose of this section is to aid consumers in 
making better educated choices in the purchase of passenger car tires.
    (c) Application. This section applies to replacement passenger car 
tires. However, this section does not apply to light truck tires, deep 
tread, winter-type snow tires, space-saver or temporary use spare 
tires, tires with nominal rim diameters of 12 inches or less, or to 
limited production tires as defined in Sec.  575.104(c)(2). Tire 
manufacturers may comply with the requirements in this Sec.  575.106 as 
an alternative to complying with the requirements in Sec.  
575.104(d)(1)(i)(A) and (B).
    (d) Definitions.--(1) All terms used in this section that are 
defined in Section 32101 of Title 49, United States Code, are used as 
defined therein.
    (2) As used in this section:
    Brand name owner means a person, other than a tire manufacturer, 
who owns or has the right to control the brand name of a tire or a 
person who licenses another to purchase tires from a tire manufacturer 
bearing the licensor's brand name.
    CT means a pneumatic tire with an inverted flange tire and rim 
system in which the rim is designed with rim flanges pointed radially 
inward and the tire is designed to fit on the underside of the rim in a 
manner that encloses the rim flanges inside the air cavity of the tire.
    Dealer means a person selling and distributing new motor vehicles 
or motor vehicle equipment primarily to purchasers that in good faith 
purchase the vehicle or equipment other than for resale.
    Distributor means a person primarily selling and distributing motor 
vehicles or motor vehicle equipment for resale.
    Lab alignment tires or LATs means the reference tires which the 
reference lab will test to be used to align other rolling resistance 
machines with the reference lab in accordance with the machine 
alignment procedure in ISO 28580 (incorporated by reference, see Sec.  
575.3), section 10.
    Light truck (LT) tire means a tire designated by its manufacturer 
as primarily intended for use on lightweight trucks or multipurpose 
passenger vehicles.
    Passenger car tire means a tire intended for use on passenger cars, 
multipurpose passenger vehicles, and trucks, that have a gross vehicle 
weight rating (GVWR) of 10,000 pounds or less.
    Reference lab means the laboratory or laboratories that the 
National Highway Traffic Safety Administration designates and which 
maintains and operates a rolling resistance test machine to test LATs 
for rolling resistance so that other testing laboratories may correlate 
the results from its rolling resistance test machine in accordance with 
the machine alignment procedure in ISO 28580 (incorporated by 
reference, see Sec.  575.3), section 10.
    Replacement passenger car tire means any passenger car tire other 
than a passenger car tire sold as original equipment on a new vehicle.
    Size designation means the alpha-numeric designation assigned by a 
manufacturer that identifies a tire's size. This can include 
identifications of tire class, nominal width, aspect ratio, tire 
construction, and wheel diameter.
    Stock keeping unit or SKU means the alpha-numeric designation 
assigned by a manufacturer to uniquely identify a tire product. This 
term is sometimes referred to as a product code, a product identifier, 
or a part number.
    Tire line or tire model means the entire name used by a tire 
manufacturer to designate a tire product, including all prefixes and 
suffixes as they appear on the sidewall of a tire.
    Tire retailer means a dealer or distributor of new replacement 
passenger car tires sold for use on passenger cars, multipurpose 
passenger vehicles, and trucks, that have a gross vehicle weight rating 
(GVWR) of 10,000 pounds or less.
    (e) Requirements.--(1) Information. (i) Requirements for tire 
manufacturers. Subject to paragraph (e)(1)(iii) of this section, each 
manufacturer of tires, or in the case of tires marketed under a brand 
name, each brand name owner shall provide rating information for each 
tire of which it is the manufacturer or brand name owner in the manner 
set forth in paragraphs (e)(1)(i)(A) through (C) of this section. The 
ratings for each tire shall be only those specified in paragraph (e)(2) 
of this section. For the purposes of this section, each tire of a 
different SKU is to be rated separately. Each tire shall be able to 
achieve the level of performance represented by each rating.
    (A) Ratings. Each tire shall be rated with the words, letters, 
symbols, and figures specified in paragraph (e)(2) of this section.
    (B) Tire label. [Reserved.]
    (C) Reporting requirements. The information collection requirements 
contained in this section have been approved by the Office of 
Management and Budget under the provisions of the Paperwork Reduction 
Act (44 U.S.C. 3501 et seq.) and are awaiting an assigned OMB Control 
Number.
    (1) Subject to paragraph (e)(1)(iii) of this section, manufacturers 
of tires or, in the case of tires marketed under a brand name, brand 
name owners of tires subject to this section shall submit to NHTSA 
electronically, either directly or through an agent, the following data 
for

[[Page 15946]]

each rated replacement passenger car tire:
    (i) Rolling resistance rating, as determined in paragraph (e)(2)(i) 
of this section.
    (ii) Wet traction rating, as determined in paragraph (e)(2)(ii) of 
this section.
    (iii) Treadwear rating, as determined in paragraph (e)(2)(iii) of 
this section.
    (2) Format of data submitted. The information required under 
paragraph (e)(1)(i)(C)(1) of this section shall be submitted to NHTSA 
as extra columns in the electronic data submission required under 
section 26 of Part 579.
    (3) Exempted tires. Manufacturers of tires or, in the case of tires 
marketed under a brand name, brand name owners of tires subject to this 
section shall submit to NHTSA all tire lines, size designations, and 
stock keeping units it manufactures which are exempted from this 
section (Sec.  575.106) as determined under paragraph (c) of this 
section. Where a manufacturer is required to report ratings under this 
section, the information required in this paragraph may be submitted 
with the ratings information reported in accordance with paragraph 
(e)(1)(i)(C)(1) of this section. Where a manufacturer of tires, or in 
the case of tires marketed under a brand name, brand name owners of 
tires only manufactures tires that are exempt from this section under 
paragraph (c) of this section, that manufacturer shall submit a one-
time statement listing the tire lines, size designations, and stock 
keeping units it manufactures, and certifying that none of the tires it 
manufactures are required to be rated under this section.
    (4) New ratings information. Whenever the tire manufacturer, or in 
the case of tires marketed under a brand name, the brand name owner 
receives information that would determine new or different information 
required under paragraph (e)(1)(i)(C)(1) of this section for a tire, 
the tire manufacturer or brand name owner shall submit the new ratings 
information to NHTSA on or before the date 30 calendar days after 
receipt by the manufacturer or brand name owner of the new information, 
whichever comes first.
    (5) Voluntary submission of data. Manufacturers of tires or, in the 
case of tires marketed under a brand name, brand name owners of tires 
not subject to this section may submit to NHTSA data meeting the 
requirements of paragraphs (e)(1) and (2) of this section for any tire 
they wish to have included in the database of information available to 
consumers on NHTSA's Web site.
    (ii) Requirements for tire retailers. Subject to paragraph 
(e)(1)(iii) of this section, each tire retailer shall provide rating 
information for each passenger car tire offered for sale in the manner 
set forth in this section.
    (iii) Date for compliance. The requirements of paragraphs (e)(1)(i) 
and (e)(1)(ii) of this section will be implemented as indicated in a 
forthcoming final rule. These dates will be announced in the Federal 
Register.
    (2) Performance.--(i) Fuel efficiency. [Reserved.]
    (ii) Traction. [Reserved.]
    (iii) Treadwear. [Reserved.]
    (f) Fuel efficiency rating conditions and procedures.--(1) 
Conditions. (i) Measurement of rolling resistance force under the test 
procedure specified in paragraph (f)(2) of this section shall be made 
using either the force or the torque method.
    (ii) The test procedure specified in paragraph (f)(2) of this 
section shall be carried out on an 80-grit roadwheel surface.
    (iii) The machine alignment procedure specified in section 10 of 
the test procedure specified in paragraph (f)(2) of this section shall 
be conducted using pairs of the LATs specified in paragraph (f)(1)(iv) 
of this section, and tested by the reference lab.
    (iv) Lab alignment tires. The LATs to be used in the machine 
alignment procedure in section 10 of the test procedure specified in 
paragraph (f)(2) of this section will be specified in this section in a 
forthcoming final rule.
    (v) Break-in procedure for bias ply tires. Before starting the 
rolling resistance testing under the test procedure specified in 
paragraph (f)(2) of this section on a bias ply replacement passenger 
car tire, the tire shall be broken in by running it for one (1) hour 
with the speed, loading, and inflation pressure as specified in 
paragraphs (f)(1)(v)(A), (f)(1)(v)(B), and (f)(1)(v)(C) of this 
section. After the one hour break-in, allow the tire to cool for two 
(2) hours and re-adjust to the required ISO 28580 (incorporated by 
reference, see Sec.  575.3) test inflation pressure, and verify 10 
minutes after the adjustment is made. After break-in, the bias ply tire 
should follow the 30 minute warm-up procedure of ISO 28580 
(incorporated by reference, see Sec.  575.3).
    (A) Speed. The speed shall be 80 kilometer per hour (kph).
    (B) Loading. The tire loading shall be 80 percent of the maximum 
tire load capacity.
    (C) Inflation pressure. The inflation pressure shall be 210 
kilopascals (kPa) for standard load tires, or 250 kPA for reinforced or 
extra load tires.
    (2) Procedure. The test procedure shall be as specified in ISO 
28580 (incorporated by reference, see Sec.  575.3), except that the 
conditions specified in paragraph (f)(1) of this section shall be used.
    (g) Traction rating conditions and procedures. (1) Conditions. Test 
conditions are as specified in Sec.  575.104(f)(1), subject to the 
changes in paragraphs (g)(1)(i) through (g)(1)(iii) of this section to 
additionally measure the peak coefficient of friction.
    (i) The sampling rate of the data acquisition is to be no less than 
100 Hertz in accordance with Section 6.6.1.8 of ASTM E 1337 
(incorporated by reference, see Sec.  575.3).
    (ii) The rate of brake application shall be sufficient to control 
the time interval between initial brake application and peak 
longitudinal force to be between 0.3 and 0.5 seconds, and shall be 
determined in accordance with Section 6.3.2 of ASTM E 1337 
(incorporated by reference, see Sec.  575.3).
    (iii) The peak coefficient of friction (or peak braking 
coefficient) shall be determined in accordance with Section 12 of ASTM 
E 1337 (incorporated by reference, see Sec.  575.3) for each dataset.
    (iv) The slide coefficient of friction will be determined in 
accordance with Sec.  575.104(f)(2)(iii).
    (2) Procedure. (i) Prepare two standard tires as specified in Sec.  
575.104(f)(2)(i).
    (ii) Mount the tires on the test apparatus described in Sec.  
575.104(f)(1)(iv) and load each tire to 1,085 pounds.
    (iii) Tow the trailer on the asphalt test surface specified in 
Sec.  575.104(f)(1)(i) at a speed of 40 mph, lock one trailer wheel, 
and record the slide and peak coefficient of friction on the tire 
associated with that wheel.
    (iv) Repeat the test on the concrete surface, locking the same 
wheel.
    (v) Repeat the tests specified in paragraphs (g)(2)(iii) and (iv) 
of this section for a total of 10 measurements on each test surface.
    (vi) Repeat the procedures specified in paragraphs (g)(2)(iii) 
through (v) of this section, locking the wheel associated with the 
other standard tire.
    (vii) Average the 20 measurements taken on the asphalt surface to 
find the standard tire average peak coefficient of friction for the 
asphalt surface. Average the 20 measurements taken on the concrete 
surface to find the standard tire average peak coefficient of friction 
for the concrete surface. The standard tire average peak coefficient of 
friction so determined may be used in the computation of adjusted peak 
coefficients of friction for more than one candidate tire.
    (viii) Average the 20 measurements taken on the asphalt surface to 
find the

[[Page 15947]]

standard tire average slide coefficient of friction for the asphalt 
surface. Average the 20 measurements taken on the concrete surface to 
find the standard tire average slide coefficient of friction for the 
concrete surface. The standard tire average slide coefficient of 
friction so determined may be used in the computation of adjusted slide 
coefficients of friction for more than one candidate tire.
    (ix) Prepare two candidate tires of the same SKU in accordance with 
paragraph (g)(2)(i) of this section, mount them on the test apparatus, 
and test one of them according to the procedures of paragraphs 
(g)(2)(ii) through (v) of this section, except load each tire to 85 
percent of the test load specified in Sec.  575.104(h). For CT tires, 
the test inflation of candidate tires shall be 230 kPa. Candidate tire 
measurements may be taken either before or after the standard tire 
measurements used to compute the standard tire traction coefficient. 
Take all standard tire and candidate tire measurements used in 
computation of a candidate tire's adjusted peak coefficient and 
adjusted slide coefficient of friction within a single three-hour 
period. Average the 10 measurements taken on the asphalt surface to 
find the candidate tire average peak coefficient and average slide 
coefficient of friction for the asphalt surface. Average the 10 
measurements taken on the concrete surface to find the candidate tire 
average peak coefficient of friction for the concrete surface. Average 
the 10 measurements taken on the concrete surface to find the candidate 
tire average slide coefficient of friction for the concrete surface.
    (x) Repeat the procedures specified in paragraph (g)(2)(viii) of 
this section, using the second candidate tire as the tire being tested.
    (h) Treadwear rating conditions and procedures.--(1) Conditions. 
Test conditions are as specified in Sec.  575.104(e)(1).
    (2) Procedure. Test procedure is as specified in Sec.  
575.104(e)(2).

David L. Strickland,
Administrator.
[FR Doc. 2010-6907 Filed 3-25-10; 11:15 am]
BILLING CODE P