[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Proposed Rules]
[Pages 60036-60064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24347]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2010-0132]
RIN 2127-AK17


Federal Motor Vehicle Safety Standards; New Pneumatic Tires for 
Motor Vehicles With a GVWR of More Than 4,536 Kilograms (10,000 Pounds) 
and Motorcycles

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This NPRM proposes to upgrade Federal Motor Vehicle Safety 
Standard (FMVSS) No. 119, which specifies requirements for new truck 
tires. We propose to amend FMVSS No. 119 to adopt more stringent 
endurance test requirements and a new high speed test for several heavy 
load range tires for vehicles with gross vehicle weight rating (GVWR) 
of more than 4,536 kilograms (10,000 pounds). We are also proposing 
that FMVSS No. 119 require that the tire sidewall be labeled with the 
tire's maximum speed rating.

[[Page 60037]]


DATES: You should submit your comments early enough to ensure that the 
Docket receives them not later than November 29, 2010.

ADDRESSES: You may submit comments (identified by the NHTSA Docket ID 
Number above) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the Supplementary Information section of this 
document. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may call 
George Soodoo, NHTSA Office of Rulemaking (Telephone: 202-366-2720) 
(Fax: 202-493-2739). For legal issues, you may call Steve Wood, NHTSA 
Office of Chief Counsel (Telephone: 202-366-2992) (Fax: 202-366-3820). 
The mailing address for these officials is: National Highway Traffic 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue, SE., West Building, Washington, DC 20590.

SUPPLEMENTARY INFORMATION

Table of Contents

I. Background
II. Overview of Endurance Test and High Speed Test Proposals
    a. Endurance Test
    b. High Speed Test
III. NHTSA Tire Testing
    a. Test Program
    b. Summary
IV. Proposed Endurance Test
    a. Test Speed
    b. Load
    c. Inflation Pressure
    d. Duration
    e. Ambient Temperature
    f. Endurance Test Conclusions
V. Proposed High Speed Test
    a. Test Speed and Break-In Procedure
    b. Load
    c. Inflation Pressure
    d. Duration
    e. Ambient Temperature
VI. Tire Maximum Speed Marking
VII. Other Issues
    a. Alternatives Considered
    1. International Standards
    2. ASTM Truck/Bus Tire Test Development Task Group
    3. Rubber Manufacturers Association
    b. Deep Tread Truck Tires
    c. Correction of Table III
    d. Separate Standard
VIII. Proposed Effective Date
IX. Costs and Benefits
X. Rulemaking Analyses and Notices
XI. Public Participation

I. Background

    This NPRM proposes to upgrade Federal Motor Vehicle Safety Standard 
(FMVSS) No. 119 (49 CFR 571.119) which, prior to the passage of the 
Transportation Recall Enhancement, Accountability and Documentation 
(TREAD) Act of 2000, had a wide application to new pneumatic tires for 
vehicles other than passenger cars. In response to the TREAD Act,\1\ a 
June 26, 2003 final rule upgraded the standard's requirements \2\ for 
tires designed for multipurpose passenger vehicles, trucks and buses 
with a GVWR of 4,536 kilograms (kg) (10,000 pounds (lb)) or less, and 
moved those enhanced requirements to a new Federal Motor Vehicle Safety 
Standard No. 139 for new pneumatic radial tires for light vehicles. 
Requirements for load range C, D, and E tires used on light trucks and 
vans formerly set forth in FMVSS No. 119 were thus moved from that 
standard to FMVSS No. 139.\3\ The June 26, 2003 final rule changed the 
title, scope, purpose and application sections of FMVSS No. 119 to 
reflect that the standard thereafter applied to only tires for 
motorcycles and vehicles with a GVWR greater than 4,536 kg (10,000 lb), 
but made no changes to FMVSS No. 119's performance requirements for 
those tires.\4\
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    \1\ Section 10 of the TREAD Act stated that the Secretary of 
Transportation shall conduct a rulemaking to revise and update the 
tire standards published at 49 CFR 571.109 and 49 CFR 571.119. The 
Act provided that the Secretary shall complete the rulemaking under 
this section not later than June 1, 2002. November 1, 2000, Public 
Law 106-414, 114 Stat. 1800.
    \2\ 68 FR 38116; June 26, 2003, Docket NHTSA-03-15400; response 
to petitions for reconsideration, 71 FR 877, January 6, 2006, Docket 
2005-23439; technical amendments, 72 FR 49207, August 28, 2007, 
Docket 2007-29083. See also final rule, correcting amendments, 73 FR 
72357; November 28, 2008, Docket 2007-29083.
    \3\ The term ``load range'' with a letter (C, D, E, etc.) is 
used to identify the load and inflation limits of tires used on 
light or heavy trucks, which increase in alphabetical sequence. For 
example, a load range E tire is able to handle greater loads and 
higher inflation pressures than a load range D tire.
    \4\ FMVSS No. 119 has been in effect since the original rule was 
published in 1973. The original standard applied to tires used on 
vehicles other than passenger cars, which included pickup trucks, 
multipurpose passenger vehicles, vans, and heavy vehicles. As a 
result of the TREAD Act mandate to upgrade FMVSS No. 109 and FMVSS 
No. 119, the agency revised the applicability of the tire standards 
to reflect the weight of the vehicle on which the tire is used. 
Given the increased consumer use to light trucks and vans (LTVs) for 
passenger transportation purposes over the past 20 years, the agency 
believed it was important to revise the applicability of the 
standards. As a result, the new tire standard for light vehicle 
tires, FMVSS No. 139, which was published in 2003, applies to tires 
used on vehicles with a gross vehicle weight rating of 4,536 kg 
(10,000 pounds) or less, and FMVSS No. 119 now applies to tires for 
vehicles with a gross vehicle weight rating of over 4,536 kg (10,000 
pounds). (It is noted that other tires required to comply with No. 
119 are new pneumatic light truck tires with tread depth of 18/32 
inch or greater, light truck bias-ply tires, bias-ply tires used on 
vehicles with a GVWR of more than 4,536 kg (10,000 lb), and tires 
for use on special-use trailer (ST, farm implement and 8-12 rim or 
lower diameter code). The tires affected by this rulemaking are 
those used on heavy vehicles with a GVWR of more than 4,536 kg 
(10,000 lb) that are not for speed-restricted service.)
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    NHTSA stated in the NPRM developing FMVSS No. 139 that the TREAD 
Act deadline to complete the tire upgrade by June 2002 did not allow 
the agency time to study and analyze sufficiently the different issues 
presented by medium and heavy vehicle tires, and that NHTSA will 
examine these types of tires after completion of the FMVSS No. 139 
rulemaking (67 FR 10050, 10061; March 5, 2002). In today's document, we 
are proceeding to propose to make more stringent FMVSS No. 119's 
endurance test, adopt a new high speed test for several load range 
tires used on heavy vehicles, and require that the tire sidewall be 
labeled with the tire's maximum speed rating.
    The agency is initiating this rulemaking to upgrade radial truck 
tires that have a load range of F, G, H, J, and L, and that are not for 
speed-restricted service (``non-speed-restricted service tires''). 
Tires used for speed-restricted service, known as ``speed-restricted 
service tires,'' are those with a maximum speed rating of 90 km/h (55 
mph) or less. Non-speed-restricted service tires

[[Page 60038]]

are those with a maximum speed rating above 90 km/h (55 mph). ``Maximum 
speed rating'' is the maximum speed, as specified by the manufacturer, 
at which the tire can carry a load corresponding to its maximum load 
rating for single usage at the corresponding inflation pressure.\5\ We 
have commenced this rulemaking primarily because we have tentatively 
determined that the FMVSS No. 119 performance tests developed in 1973 
should be updated to reflect the increased operational speeds and 
duration of truck tires in commercial service. NHTSA has tentatively 
determined that this NPRM would have a beneficial effect on safety in 
that it would increase tire durability as tires are held to more 
stringent standards than currently required.
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    \5\ This NPRM would define these terms in FMVSS No. 119 to 
differentiate the types of service for which tires are used and the 
requirements in the standard that would apply to the different types 
of tire.
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FMVSS No. 119

    FMVSS No. 119 specifies performance and marking requirements for 
tires for use on motorcycles and on motor vehicles with a GVWR of more 
than 4,536 kg (10,000 lb). Heavy vehicle tires regulated by FMVSS No. 
119 are used in a wide variety of vehicle applications, such as 
delivery trucks, line haul trucks, transit buses, and logging trucks. 
FMVSS No. 119 includes a static test for tire strength, and dynamic 
tests for tire endurance and high-speed performance. The endurance test 
evaluates resistance to heat buildup when the tire is run at stepped-up 
loads at or near its rated load nonstop for a total of 47 hours. A 
high-speed test evaluates resistance to heat buildup when the tire is 
run at a certain percentage of its maximum load at stepped-up speeds 
for a specified interval at each speed.\6\ FMVSS No. 119's high-speed 
performance requirement applies only to motorcycle tires and those with 
a rim diameter code of 14.5 or less (tires made to fit rims of diameter 
of 14.5 inches or less). Since this size restriction excludes all heavy 
vehicle tires currently listed in the Tire and Rim Association 2009 
Year Book, the endurance test is currently the only dynamic test to 
which heavy vehicle tires must comply.
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    \6\ See, e.g., S6.2 of FMVSS No. 139.
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    Today's NPRM would upgrade FMVSS No. 119 by proposing to adopt a 
more stringent endurance test, add a new high speed test, and include 
maximum speed rating labeling requirements for new radial tires used on 
heavy truck and bus applications, i.e., load range F, G, H, J, and L 
tires that are not for speed-restricted service, which the agency 
believes comprise about 98 percent of the truck tires sold in the 
United States. These load range tires are typically used on heavy 
trucks for regional haul and long haul operations as well as on 
motorcoaches, and these load range tires have speed ratings ranging 
from 55-81 mph. Higher load range tires (i.e., load ranges M and N) are 
more often used in heavy mixed-use service (on/off-road operations in 
lower speed applications), such as construction, logging, crane, and 
rigging operations. However, the agency is also considering requiring 
non-speed-restricted, load range M radial tires to comply with the 
upgraded endurance and new high speed test because some of these tires 
are used in similar applications in which the load range L tires are 
used. The agency is not proposing to upgrade non-speed-restricted 
service load range N radial tires since they represent less than 1 
percent of the heavy vehicle tire market and are typically used in 
lower speed operations.

II. Overview of Endurance Test and High Speed Test Proposals

    The proposed upgrade to the endurance test and the proposed 
adoption of a high speed test are based on the results of NHTSA's heavy 
truck tire tests, discussed later in the ``NHTSA Tire Testing'' section 
of this preamble.

a. Endurance Test

    The purpose of the endurance test is to evaluate heavy truck tire 
performance at highway speeds for a long duration. The endurance test 
in FMVSS No. 119 applies to truck tires with load ranges F through N 
that are not for speed-restricted service. The test parameters used for 
the endurance test in FMVSS No. 119 include test speed, load, inflation 
pressure, duration, and ambient temperature. This NPRM proposes to 
upgrade the endurance test by changing some of these parameters to 
achieve more stringent conditions when testing load range F, G, H, J, 
and L radial tires that are not for speed-restricted service. Current 
endurance test parameters for load range N radial tires, load range F, 
G, H, J, L, M, and N tires that are for speed-restricted service, bias-
ply tires, light truck tires (tread depth 18/32 inch or more), and 
motorcycle tires, would remain unchanged in the standard.
Test Speed
    The current test speed for the endurance test in FMVSS No. 119 
depends on the load range of the tire. Load range F tires are tested at 
64 km/h (40 mph) on the 67-inch diameter test road wheel; load range G 
tires are tested at 56 km/h (35 mph); and tires with a load range H, J, 
L, M, or N are tested at 48 km/h (30 mph). NHTSA proposes to raise the 
test speed for the endurance test to 80 km/h (50 mph) for load range F, 
G, H, J, and L tires. This represents a 25 percent increase in speed 
for a load range F tire, a 43 percent increase for a load range G tire, 
and a 67 percent increase for load range H, J, and L tires that are not 
for speed-restricted service.
Load
    The current test loads for the endurance test in FMVSS No. 119, 
identical for all the load ranges F through N, are specified as a 
percentage of the maximum load rating of the tire, and are 66 percent, 
84 percent, and 101 percent. The loads are applied in a stepped fashion 
for durations of 7 hours, 16 hours, and 24 hours, respectively. NHTSA 
proposes to change the load combination for the endurance test to 85/
90/100 percent of the tire's maximum load rating labeled on the tire's 
sidewall, from the 66/84/101 percent combination currently required.
Inflation Pressure
    The current test inflation pressure specified in FMVSS No. 119 is 
the inflation pressure corresponding to the maximum load rating labeled 
on the tire's sidewall. NHTSA proposes to set the test inflation 
pressure at 80 percent of the sidewall-labeled inflation pressure that 
corresponds to the tire's maximum load rating. This represents a 20 
percent decrease from the current endurance test, which requires tires 
to be fully inflated.
Duration
    The current duration for the endurance test in FMVSS No. 119 is 47 
hours: 7 hours at 66 percent load, 16 hours at 84 percent load, and 24 
hours at 101 percent load. NHTSA proposes to leave FMVSS No. 119's 
endurance test duration at 47 hours.
Ambient Temperature
    The ambient temperature specified for the endurance test in FMVSS 
No. 119 is 35 [deg]C (95 [deg]F). NHTSA proposes to add an ambient 
temperature tolerance, and thus proposes an ambient of 35 [deg]C  3 [deg]C (95 [deg]F  5 [deg]F) for the endurance 
test.

b. High Speed Test

    The high speed test evaluates tire performance at higher speeds for 
shorter durations. FMVSS No. 119's high speed test currently applies 
only to motorcycle tires and to tires with rim diameters of 14.5 inches 
or below, and does not

[[Page 60039]]

apply to truck tires. The test parameters used for the high speed test 
in FMVSS No. 119 and in other tire standards include speed, load, 
inflation pressure, duration, and ambient temperature. This NPRM 
proposes to adopt a high speed test for load range F, G, H, J, and L 
tires that are not for speed-restricted service, as these are typically 
installed on vehicles in regional or long-haul service. The high-speed 
test would be initiated after a 2-hour break-in at 80 km/h (50 mph) and 
85 percent of maximum load rating, with inflation pressure at 90 
percent of maximum.
Test Speed
    NHTSA proposes to set the test speed for the high-speed test at the 
tire's maximum speed less 20 km/h (12 mph) for step 1, maximum speed 
less 10 km/h (6 mph) for step 2, and at maximum speed for the final 
step. This would be a new approach for testing tires under the Federal 
motor vehicle safety standards, as motorcycle and passenger car tires 
are tested to one unvarying set of test speeds. The approach proposed 
in this NPRM is similar to that used by the United Nations Economic 
Commission for Europe (ECE) tire Regulations which establish tire test 
speeds based on the maximum rated speed of the tire, and is along the 
lines of a suggestion from the Rubber Manufacturers Association 
(RMA).\7\
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    \7\ See Docket No. NHTSA 2002-13707-0016.1, RMA Perspective on 
the FMVSS 119 Revisions and Updates Mandated by the TREAD Act.
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Load
    NHTSA proposes to set the test load for the high-speed test at 85 
percent of the maximum load rating for the tire. The maximum load 
rating would be based on the tire sidewall marking per single tire use 
application.
Inflation Pressure
    NHTSA proposes that the high-speed test inflation pressure be set 
at 90 percent of the sidewall-labeled inflation pressure that 
corresponds to the tire's maximum load rating.
Duration
    NHTSA proposes a 90-minute duration for FMVSS No. 119's high-speed 
test, consisting of three 30-minute speed steps at the proposed test 
speeds.
Ambient Temperature
    NHTSA proposes an ambient temperature range of 35 [deg]C  3 [deg]C (95 [deg]F  5 [deg]F) for the FMVSS No. 119 
high speed test upgrade.

III. NHTSA Tire Testing

a. Test Program

    After passage of the TREAD Act, NHTSA began testing new heavy truck 
tires to assess the performance of current tires in endurance and high 
speed tests, and how load, inflation pressure, speed and duration 
affect tire performance. We tested more than 430 new heavy truck tires 
with load ranges G through N that were designed for commercial vehicle 
applications. The tires selected included a mixture of tire brands, 
models and sizes.
    Testing was performed in two phases. In Phase I, new load range G 
tires were tested for durability (``endurance'') and robustness at 
speed (``high speed''). Since the purpose of Phase I testing was to 
assess the current level of performance for truck tires, the test 
matrix for this phase included both destructive (extended duration) and 
non-destructive tests. The purpose of Phase II testing was to generate 
data with which specific proposals could be developed for an NPRM to 
upgrade FMVSS No. 119. In Phase II, the test conditions were further 
refined from Phase I, and the group of tires tested was expanded to 
include load ranges H, J, L and N. Additional testing was also 
conducted for tires with load ranges F, J, and L, and speed ratings 
less than 75 mph.
    All of the tires tested were commercially available at the time of 
testing. For both Phases I and II, NHTSA developed test matrices that 
included the performance parameters of speed, load, inflation pressure, 
and test duration. The test matrices were developed with a series of 
test conditions that increased in severity for tire performance. The 
ambient temperature used in the testing for both Phase I and Phase II 
was 35 [deg]C  3 [deg]C (95 [deg]F  5 [deg]F). 
All tires were conditioned at the ambient temperature of 35 [deg]C 
 3 [deg]C (95 [deg]F  5 [deg]F) for 3 hours 
prior to testing. Testing was conducted on a 67-inch diameter curved 
test road wheel.\8\
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    \8\ Throughout this preamble, we use test speeds in miles per 
hour (mph) when presenting the test matrices, the test conditions, 
and the test results for the baseline tests, as specified in the 
current FMVSS No. 119. However, for the other tests in both the 
endurance and high speed test matrices, we selected test speeds in 
kilometers per hour (km/h) to be consistent with the metrification 
of the Federal motor vehicle safety standards. Some of the Tables 
presented in the preamble show speeds in miles per hour only, to 
facilitate comparison with the baseline test speeds.
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Phase I Testing
    In Phase I, NHTSA conducted testing on 180 new, size 11R22.5, load 
range G, heavy truck tires with a rib-type tread.\9\ The 11R22.5 tire 
size was chosen due to its use in on-road applications for heavy 
vehicles: tire size 11R22.5 represents approximately 24 percent and 22 
percent of the original equipment and replacement tire markets, 
respectively. We tested tires from brands Hankook, Dayton, Bridgestone, 
and General, all with tire size 11R22.5, load range G, and rib-type 
treads. Based on suggestions \10\ from the Rubber Manufacturers 
Association (RMA), the Tire Industry Association (TIA), and the Tread 
Rubber/Tire Repair Materials Manufacturers Group (TRMG), we tested only 
rib-type tires, typically used on steer axle and trailer axle 
positions, to focus on a single tread type. Tires were tested to 
determine levels of endurance and high-speed performance under a 
variety of test conditions.
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    \9\ In the tire size description, the ``11'' represents the tire 
section width in inches, the ``R'' identifies the tire as a radial 
tire, and the ``22.5'' represents the tire rim diameter code, which 
equates to a rim diameter of 22.5 inches.
    \10\ See Docket No. NHTSA-2002-13707.
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    Phase I Endurance Test:
    For the endurance test, we selected 120 new load range G tires from 
Hankook, Dayton, Bridgestone and General. The Phase I endurance test 
matrix consisted of 10 groups of varied test conditions, or ``Test 
Methods,'' \11\ as shown below in Table 1, ``Phase I Endurance Test 
Matrix.'' Other than in Test Methods 1 and 1A, three samples of each 
tire brand were tested for each Test Method (TM) in the matrix. Test 
Method 1 used one sample of each tire brand, and Test Method 1A used 
two samples of each tire brand.
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    \11\ Test Method 1A is considered a part of Test Method 1.
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    Each TM consisted of a combination of the selected tire load, 
inflation pressure, test speed, and a specified duration at each load 
condition. Testing was performed so that each TM varied in severity by 
changing the load, inflation pressure or speed.
    The applied test loads ranged from 66 percent of the maximum load 
rating to 110 percent of the maximum load rating. The loads used are 
similar to those used in the light vehicle tire research program that 
was conducted in 2001-2002 to support the upgrade of the endurance test 
for FMVSS No. 139. The stepped-up load combinations included 85, 90, 
and 100 percent; 90, 100, and 110 percent; and 100, 110, and 115 
percent, which allowed the agency to understand limits of performance 
for light vehicle tires, including light truck tires with load ranges 
C, D, and E. For this research on medium and heavy duty truck tires, 
the agency also wanted

[[Page 60040]]

to understand the upper limits of performance for these tires when they 
are tested at normal loading conditions and at loads beyond their 
maximum load rating. As a result, we included stepped-up loads to 90/
100/110 percent of the maximum load rating of the tires, since this 
represents an overloading condition for a truck tire on the test road-
wheel.
    Inflation pressures ranged from 80 to 100 percent of the maximum 
inflation pressure stated on the sidewall of the tires. The current 
endurance test in FMVSS No. 119 requires that the tire be tested at 100 
percent of its maximum inflation pressure, but the agency sought to 
evaluate truck tires' performance when tested at some level of under-
inflation, because that condition is occurring in real-world 
operation.\12\ We chose 80 percent of the maximum inflation pressure as 
the lowest value for this testing, primarily because the truck industry 
considers a tire at that level of under-inflation to be significantly 
under-inflated.
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    \12\ See Federal Motor Carrier Safety Administration, Final 
Report, ``Commercial Vehicle Tire Condition Sensors,'' November 
2003, at 7.
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    The test speeds ranged from 56 km/h (35 mph) to 120 km/h (75 mph), 
which we believe represented the typical operating range of speeds for 
trucks using tires with the specified load ranges. Each tire was 
conditioned at the ambient test temperature of 35 [deg]C  3 
[deg]C (95 [deg]F  5 [deg]F) for three hours. No break-in 
procedure was performed on tires tested for endurance performance since 
none is performed in the existing FMVSS No. 119 endurance test 
procedure. Table 1, ``Phase I Endurance Test Matrix,'' below shows the 
test parameters used for the endurance test in Phase I and the 
structure of the test duration for the three samples in each Test 
Method. We note that for TMs 2-9, tire sample number 3 was tested for 
an additional amount of time after the rest of the TM was completed, 
which is why Table 1 shows an extra line for sample number 3 for these 
TMs.

[[Page 60041]]

[GRAPHIC] [TIFF OMITTED] TP29SE10.005


[[Page 60042]]


[GRAPHIC] [TIFF OMITTED] TP29SE10.006

    The test parameters for the baseline tests (Test Method 1, load 
step 1-3) represent the current FMVSS No. 119 level for the endurance 
test. The tires (one sample of each tire brand) were tested at 56 km/h 
(35 mph), with a load of 66 percent of maximum load rating for 7 hours, 
84 percent of maximum load rating for 16 hours, 101 percent of maximum 
load for 24 hours, and with an inflation pressure of 100 percent of the 
maximum inflation pressure value labeled on the sidewall. After the end 
of the 47-hour test, the tires were tested for an additional 48 hours, 
at a load of 110 percent of maximum load rating, and with the test 
parameters of speed, inflation pressure, and ambient temperature 
unchanged. Therefore, the total duration for the baseline endurance 
tests in Test Method 1 was 95 hours (47 hours per FMVSS No. 119 plus an 
additional 48 hours).
    There were no failures in the baseline tests completed on the first 
of three samples for each tire brand. We then conducted a second 
baseline test by increasing the test speed for the remaining two 
samples to 80 km/h (50 mph) for the entire test, as shown in Test 
Method 1A. The inflation pressure and load parameters for the second 
baseline test were the same as in Test Method 1. The test load for the 
remaining two samples was 110 percent of maximum load rating for the 
last 48 hours of the test. The objective of the baseline tests in Test 
Method 1A was to determine how well tires performed under conditions 
slightly more stringent than the current endurance test in FMVSS No. 
119.
    As shown in Test Methods 2 through 9 (Table 1, above), test 
severity was increased by increasing the test speed, increasing the 
test loads, and reducing the inflation pressure. Road-wheel tests (not 
to failure) were conducted for 47 hours on two samples. The third 
sample was tested to 95 hours or until failure, whichever occurred 
first, with the load for the last 48 hours of the test being the same 
load applied in the last step for the 47-hour portion of the test.
    All tires were inspected for belt separation, tread separation, and 
any other visual evidence of damage. For Test Method 10, all three tire 
samples were tested to 95 hours or until failure, whichever occurred 
first.
    Phase I Endurance Test Results:
    Of the 120 new tires tested for endurance performance under a 
variety of test conditions, 24 experienced failures. Of the 24 
failures, 15 failed as a result of tread separation, 2 failed as a 
result of belt separation; 2 failed as a result of shoulder split; and 
2 failed as a result of chunking. The remaining 3 failures consisted of 
other failure types such as tread splitting and sidewall separation. 
Table 2, ``Phase I Endurance Test Results,'' summarizes the results for 
the endurance test on the four tire brands tested. Data for individual 
tests have been placed in the docket (NHTSA-2002-13707).
    The Test Methods included in Table 2 are the same test methods for 
which the test conditions are shown in detail in Table 1. The test 
results in Table 2 show that the first sample for each of the four tire 
brands completed 95 hours for the baseline test in Test Method 1. The 
remaining two tire samples for each brand were tested to Test Method 
1A, using the same test parameters, except for the test speed, which 
was increased from 56 km/h (35 mph) to 80 km/h (50 mph). Also note that 
for Test Methods 2 through 10, the first two samples of each Test 
Method were tested to 47 hours, while the third sample was tested to 95 
hours. Four test errors occurred, where the test road-wheel stopped due 
to equipment or mechanical failure. These test errors are noted in 
Table 2 with an asterisk.

[[Page 60043]]



                                                         Table 2--Phase I Endurance Test Results
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                                                                   Tire brands (hours completed)
                                                         -----------------------------------------------------------------------------------------------
                                      Target (hours)
                                          Hankook
                                          Dayton
                                        Bridgestone
                                          General
                                 -----------------------------------------------------------------------------------------------------------------------
         Test Method No.                                                                Sample No.
                                 -----------------------------------------------------------------------------------------------------------------------
                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................     95   ......  ......     95   ......  ......     95   ......  ......     95   ......  ......     95   ......  ......
1A..............................  ......     95      95   ......     95      95   ......     95      95   ......     95      95   ......     95      95
2...............................     47      47      95      47      47      95      47      47      95      47      47      95      47      47      95
3...............................     47      47      95       1      47      95      47      47      95      47      47      95      47      47      95
4...............................     47      47      95      47      47      95      47      47      37      47      47      37      47      47      95
5...............................     47      47      95      47      47      95      43      44      53      47     44*      95      47      47      95
6...............................     47      47      95      47      47      95      47      47      95      47      47      95      47      47      95
7...............................     47      47      95      47      47      95      47      47      69      47      47      95      47      47      95
8...............................     47      47      95      47     44*      95      47      47      95      47      47      92      47      47      32
9...............................     47      47      95      47      47      95      28      28      23      47      47      95      42      47      41
10..............................     47      47      95      12      50     46*      27       3      14     31*      27      30      25      36      24
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * Test error.

    Overall, the tires tested performed well throughout the endurance 
test matrix, particularly Test Methods 1 through 8, for which each tire 
brand had at least one sample that completed 47 hours of those Test 
Methods. The results indicate that decreased inflation pressure and 
increased speed of Test Method 9, and the even higher speed of Test 
Method 10, define the upper boundary of current new tire performance. 
For Test Methods 8 and 9, the inflation pressure was decreased to 80 
percent of maximum inflation pressure, and the test speed was increased 
from 88 km/h (55 mph) to 100 km/h (63 mph). In addition, the test loads 
were increased in Test Method 9 to 90/100/110 percent of the tire's 
maximum load rating. For Test Method 10, inflation was increased to 100 
percent and test speed raised to 120 km/h (75 mph), the same test speed 
used in the endurance test for light vehicle tires in FMVSS No. 139. 
The results indicate that higher speeds and lower inflation pressure 
appear to have the most impact on tire failure compared with changes in 
test load or duration.
    Phase I High Speed Test:
    We tested 60 new load range G tires from major tire manufacturers 
Hankook, Dayton, Bridgestone, and General for high speed performance. 
Since the FMVSS No. 119 high speed requirements currently apply only to 
tires with a rim diameter code of 14.5 or less and to motorcycle tires, 
the performance levels for the high speed baseline tests in our heavy 
truck tire test program (see Test Method A of Table 3 below, ``Phase I 
High Speed Test Matrix'') were set at the FMVSS No. 119 levels of 
performance for those tires, simply as a starting point for the test 
program. Test conditions were varied to produce different levels of 
severity by changing the load, inflation pressure and speed. See Table 
3, ``Phase I High Speed Test Matrix,'' below for a summary of the high 
speed test matrix.

[[Page 60044]]

[GRAPHIC] [TIFF OMITTED] TP29SE10.007

    Test severity, as defined by more severe running conditions (i.e. 
increased load, higher speed, or reduced inflation pressure), increased 
from Test Method A to Test Method E. In Test Method A, the first three 
speed steps represent the current conditions in FMVSS No. 119 
(specified for applicable tires) and the next three test speeds 
represent speed conditions beyond those currently in FMVSS No. 119. The 
tires were tested to a stepped-up speed profile starting at 120 km/h 
(75 mph), with a load condition of 88 percent of maximum load rating 
for 30 minutes. The test speed was increased in 5-mph increments every 
30 minutes until failure or a speed of 160 km/h (100 mph) was achieved, 
whichever occurred first. Therefore, the target completion time for the 
baseline high speed test was 3 hours for a total of six speed steps for 
Test Method A only. The primary reason for testing beyond 137 km/h (85 
mph) in the baseline tests was to assess the upper boundary of high 
speed performance for heavy truck tires.
    The initial test speed for Test Methods B through E was set to 120 
km/h (75 mph), and increased to 130 km/h (81 mph) and 140 km/h (88 mph) 
in 30-minute intervals for a total of three test steps. The 10-km/h 
increments were used to increase the speed severity moderately for tire 
samples as they advanced through the different test methods. For each 
tire brand tested, the first two samples were tested for three 30-
minute speed steps, for a total test duration of 1.5 hours. The third 
sample was tested for an additional hour at the last speed step of 140 
km/h (88 mph), resulting in a test duration of 2.5 hours.
    The test load was based on the maximum load rating for the subject 
tire as labeled on the sidewall. The test load ranged from 80 percent 
of maximum load rating to 90 percent of maximum load rating. Inflation 
pressures ranged from 90 percent to 100 percent of maximum pressure 
labeled on the sidewall.
    Each tire was conditioned for the test at an ambient temperature of 
35 [deg]C  3 [deg]C (95 [deg]F  5 [deg]F) for 
three hours, and then broken in for two hours under 88 percent of 
maximum load and 100

[[Page 60045]]

percent maximum inflation pressure at 80 km/h (50 mph).\13\ The tire 
was allowed to cool to 35 [deg]C  3 [deg]C (95 [deg]F 
 5 [deg]F) and the inflation pressure was adjusted to 
applicable pressure immediately before the test. The break-in procedure 
was performed to bring the tire to operating temperature, which allows 
the tire to flex, expand and contract such that air within the tire may 
fully permeate into the tire cavity. The break-in procedure also 
removes mold release agents and flashings produced by the molding 
process, which could contribute to variability in the test.
---------------------------------------------------------------------------

    \13\ Traditionally, a high speed test has an initial break-in 
step that involves a tire running on the roadwheel under specified 
conditions to allow for tire growth. The endurance test does not 
need a break-in step primarily because the 47-hour test duration 
allows time for break-in during the test.
---------------------------------------------------------------------------

    At the completion of the test, tires were visually inspected for 
belt separation, tread separation, and evidence of damage.
    Phase I High Speed Test Results:
    Of the 60 new tires tested for high speed performance under a 
variety of test conditions, 7 experienced test failures. Of these 7 
failures, 4 failed as a result of tread chunking, 2 failed as a result 
of tread separation, and 1 failed due to belt separation. Most of these 
failures occurred in Test Method A at test speeds of 152 km/h (95 mph) 
or at 160 km/h (100 mph). Table 4 below, ``Phase I High Speed Test 
Results (Hours Completed),'' shows how the tires performed, as tested 
under each test method. The Test Methods included in Table 4 are the 
same Test Methods for which the test conditions are shown in detail in 
Table 3.

                                               Table 4--Phase I High Speed Test Results (Hours Completed)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Tire Brands (hours completed)
                                                         -----------------------------------------------------------------------------------------------
                                       Target hours
                                          Hankook
                                          Dayton
                                        Bridgestone
                                          General
                                 -----------------------------------------------------------------------------------------------------------------------
           Test Method                                                                  Sample No.
                                 -----------------------------------------------------------------------------------------------------------------------
                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................    3.0     3.0     3.0     3.0     3.0     3.0     2.3     2.8     2.5     2.9     3.0     2.9     3.0     3.0     2.8
B...............................    1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5
C...............................    1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5
D...............................    1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     2.5
E...............................    1.5     1.5     2.5     1.5     1.5     2.5     1.5     1.5     1.8     1.5     1.5     2.5     1.5     1.5     2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Test Method A was extended so that samples would be tested to the 
baseline FMVSS No. 119 conditions and then tested at increased speeds. 
For Test Method A, speed was increased beyond the FMVSS No. 119 test 
speeds to 90, 95, and 100 mph, in 30-minute increments (the total test 
duration target was three hours). Inflation pressure and load were 
unchanged. Each sample was tested at 88 percent of maximum load rating, 
100 percent inflation pressure and to speeds that were increased in 30-
minute increments to a stepped profile, initiating at 120 km/h (75 mph) 
and concluding at 160 km/h (100 mph) or failure, whichever occurred 
first.
    Overall, the new tires tested to the high-speed matrix performed 
well, as shown in Table 4. All of the 7 tires that failed completed at 
least 1.5 hours, which represents the first three 30-minute speed steps 
of the targeted test duration. Test Method A was designed to test tires 
to 100 mph or failure, whichever occurred first. The results for Test 
Method A reveal that all of the tires were able to withstand speeds of 
up to 90 mph, when inflated at 100 percent of maximum inflation 
pressure. The results also show that all of the tires tested to Test 
Methods B through E were able to complete the 1.5 hours at test speeds 
of 120, 130, and 140 km/h (75, 81 and 88 mph). In addition, when tested 
to an additional hour at the last speed step of 140 km/h (88 mph), all 
the tires tested, except one Dayton tire, were able to complete the 
entire 2.5 hours of the high-speed test.

Phase II Testing

    While Phase I testing provided NHTSA with a general understanding 
of the current level of performance for new heavy duty truck tires, 
Phase II testing refined the test matrices to develop possible, 
practicable, proposals to upgrade the endurance and high speed tests in 
FMVSS No. 119. In Phase II, NHTSA tested 365 new tires. Testing also 
was expanded to include test tires of additional tire sizes (385/65 R 
22.5 and 315/80 R 22.5), load ranges (F, H, J, L, and N tires, and load 
range G ``bias ply'' type tires), brands from other manufacturers 
(Continental, Goodyear, Michelin, Kumho, and Yokohama), and steer, 
drive, and all-position tread types, as shown in Table 5.
    These tires included speed ratings ranging from 56 mph to 75 mph. 
Most of the tires were tested for both endurance performance and for 
high-speed performance. Some tire models were tested in 2005, and 
certain tire models tested were retested in 2008 to validate their 
performance. In the results section, superscripts were used to identify 
which tires were tested first. FMVSS No. 119 does not apply to speed-
restricted service and bias-ply tires, therefore those tires were not 
included in the costs and benefits analysis section. The data for those 
tires were collected to learn about their performance levels. Of the 
365 tires tested, 159 tires were tested to the proposed methods. 
Seventy-eight tires were tested for Endurance and 81 were tested for 
High Speed performance.

                                       Table 5--Phase II Tire Information
----------------------------------------------------------------------------------------------------------------
                                                                              Max speed
           Group No.                Manufacture/model      Tire size and LR     (mph)          Application
----------------------------------------------------------------------------------------------------------------
1..............................  Goodyear G647 RSS......  225/70R19.5 LR F.          75  Regional/P&D
2..............................  Michelin XRV...........  225/70R19.5 LR F.          75  Long haul
3..............................  Bridgestone R293.......  11R24.5 LR G.....          75  Long haul

[[Page 60046]]

 
4..............................  Bridgestone M1X 711....  11R24.5 LR G.....          75  Long haul
5..............................  General D460...........  11R24.5 LR G.....          75  Long haul
6..............................  Michelin XZY3..........  11R24.5 LR G.....          65  Mixed service
7..............................  General S580...........  11R24.5 LR H.....          75  Long haul
8..............................  Goodyear G167..........  11R24.5 LR H.....          75  Long haul
9..............................  Goodyear G395..........  11R24.5 LR H.....          75  Long haul
10.............................  Goodyear Marathon LHT..  245/70R17.5 LR H.          62  N/A
11.............................  Kumho 943..............  11R24.5 LR H.....          75  Regional/P&D
12.............................  Kumho KRS02............  11R24.5 LR H.....          75  N/A
13.............................  Yokohama TY303.........  11R24.5 LR H.....          75  Long haul
14.............................  Yokohama RY023.........  11R24.5 LR H.....          75  Long haul
15.............................  Bridgestone R184 CZ....  215/75R17.5 LR H.          65  High Load Trailer
16.............................  Bridgestone L320.......  11.00R24.5 LR H..          65  Mixed service
17.............................  Goodyear Unisteel G291.  315/80R22.5 LR J.          75  Regional/P&D
18.............................  Goodyear G286 (wb).....  385/65R22.5 LR J.          68  Mixed service
19.............................  Michelin XZY3 (wb).....  385/80R22.5 LR J.          65  Mixed service
20.............................  Michelin XTA...........  215/75R17.5 LR J.          62  L. haul/Regional
21.............................  Kumho KRT02............  235/75R17.5 LR J.          62  Regional/P&D
22.............................  Yokohama RY253 (wb)....  385/65R22.5 LR J.          65  Long haul
23.............................  Continental HMS 45+....  315/80R22.5 LR L.          56  Mixed service
24.............................  Michelin XZUS..........  315/80R22.5 LR L.          65  Regional/P&D
25.............................  Michelin XZA2 Energy...  315/80R22.5 LR L.          75  Long haul
26.............................  Milestar TRX (bias-ply)  N/A LR G.........         N/A  N/A
27.............................  Prime X Rockmaster.....  N/A LR N.........         N/A  N/A
----------------------------------------------------------------------------------------------------------------
Note: (wb) means it is a wide-base tire; * means speed-restricted service tire.

Phase II Endurance Test

    NHTSA tested new tires with load ranges F, G, H, J, L and N from 
several major tire manufacturers. Table 6, ``Phase II Endurance Test 
Matrix,'' shows the endurance test conditions used for Phase II 
testing. These test conditions were selected based on our analysis of 
the Phase I results. We varied the severity of the test conditions by 
adjusting load, inflation pressure and/or speed. For each test method, 
the test load was stepped-up through 85, 90, and 100 percent of maximum 
load rating. Inflation pressures ranged from 80 percent to 90 percent 
of maximum inflation pressure stated on the sidewall. Test speeds 
ranged from 80 km/h (50 mph) to 100 km/h (62 mph). Each tire was 
conditioned at ambient temperature 35 [deg]C  3 [deg]C (95 
[deg]F  5 [deg]F) for three hours. All the tires were 
tested for a total duration of 71 hours consisting of the 47 hours of 
the current FMVSS No. 119 endurance test plus an additional 24 hours.

[[Page 60047]]

[GRAPHIC] [TIFF OMITTED] TP29SE10.008

    The results of the endurance tests for new tires in Phase I 
indicated that higher speeds and lower inflation pressure appear to 
have the most impact on tire failure compared with changes in test load 
or duration. Based on these results, in the Phase II program NHTSA 
decided to moderately increase the severity of its endurance test 
matrix over the current requirements in FMVSS No. 119. The least severe 
test condition, Test Method 1, had the lowest test speed (80 km/h or 50 
mph), and the highest inflation pressure (90 percent of maximum 
inflation pressure). The most severe test condition, Test Method 6, had 
the highest test speed (100 km/h or 62 mph), and the lowest inflation 
pressure (80 percent of maximum inflation pressure).

Phase II Endurance Test Results

    Tables 7 through 14 of this preamble, below, summarize the results 
of the endurance testing in Phase II. The results indicate that as the 
test severity increased, in going from Test Method 1 to Test Method 6, 
tire failure rate increased. Tires tested under Test Method 1 were more 
likely to achieve the target of 71 hours compared to tires tested to 
Test Method 6. All of the load range G (radial) and H tires tested 
under Test Methods 1 and 2 achieved the target of 71 hours, whereas 
only a few of the load range G tires and none of the load range H tires 
tested to Test Methods 5 and 6 were able to achieve the target of 71 
hours. The dashes in the tables represent Test Methods that were not 
performed for that specified tire.
    Three tire groups (Nos. 10, 20, and 21) were speed-rated 62 mph. 
These groups were tested with a variation in speed. Samples 1 
from these three tire groups were tested at 50 mph. If sample 
1 did not complete the 71-hour test, sample 2 was 
tested at 45 mph and sample 3 was tested at 40 mph. If sample 
1 completed the 71-hour test at 50 mph, the remaining samples 
were tested at the same speed.

[[Page 60048]]



                             Table 7--Phase II Endurance Test Results, Load Range F
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                             Proposed (hours)
                                                   Tire Brands (Hours Completed)
                                                                 -----------------------------------------------
 
                                             Goodyear 647 RSS
                                               Michelin XRV
                                         -----------------------------------------------------------------------
             Test Method No.                                            Sample No.
                                         -----------------------------------------------------------------------
                                              1       2       3       1       2       3       1       2       3
----------------------------------------------------------------------------------------------------------------
2.......................................     47      47      47      71      71      71      71      71      71
----------------------------------------------------------------------------------------------------------------


                                                 Table 8--Phase II Endurance Test Results, Load Range G
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                               Tire Brands (Hours Completed)
                                                                                 -----------------------------------------------------------------------
                                                             Proposed (hours)
                                                            Bridgestone R293--
                                                                   Steer
                                                           Bridgestone MIX 711--
                                                                   Drive
                                                            General D460--Drive
                                                         -----------------------------------------------------------------------------------------------
                     Test Method No.                                                                Sample No.
                                                         -----------------------------------------------------------------------------------------------
                                                              1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................................     47      47      47      71      71      71      71      71      71   ......  ......  ......
2.......................................................     47      47      47      71      71      71      71      71      71      71      71      71
3.......................................................     47      47      47      71      71      71      71      71      65   ......  ......  ......
4.......................................................     47      47      47      71      71      71      71      71      71   ......  ......  ......
5.......................................................     47      47      47      71      71      44      40      37      32   ......  ......  ......
6.......................................................     47      47      47      24      71      33      33      33      34   ......  ......  ......
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                     Table 9--Phase II Endurance Test Results, Load Range H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                              Group Samples (Hours Completed)
                                                                         -----------------------------------------------------------------------------------------------------------------------
                                                     Proposed (hours)
                                                   Goodyear G395--Steer
                                                   Goodyear G167--Drive
                                                     Kumho 943--Drive
                                                    Kumho KRS02--Drive
                                                   Yokohama RY023--Steer
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                 Test Method No.                                                                                    Sample No.
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................     47      47      47      71      71      71      71      71      71      71   ......  ......  ......  ......  ......  ......  ......  ......
2...............................................     47      47      47      71      71      71      71      71      71      71      71      71      71      71      71      71      71      71
3...............................................     47      47      47      41      35      50      46      69      71   ......  ......  ......  ......  ......  ......  ......  ......  ......
4...............................................     47      47      47      71      55      56      47      48      56   ......  ......  ......  ......  ......  ......  ......  ......  ......
5...............................................     47      47      47      18      19      19      24       5      27   ......  ......  ......  ......  ......  ......  ......  ......  ......
6...............................................     47      47      47      13      25      17      19       8       7   ......  ......  ......  ......  ......  ......  ......  ......  ......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                     Table 10--Phase II Endurance Test Results, Load Range H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                              Group Samples (Hours Completed)
                                                                         -----------------------------------------------------------------------------------------------------------------------
                                                     Proposed (hours)
                                                   Goodyear Marathon LHT
                                                    Bridgestone R184 CZ
                                                     Bridgestone L320
                                                      Yokohama TY303
                                                       General S580
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                 Test Method No.                                                                                    Sample No.
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2...............................................     47      47      47      22      30      35      71      71      71      71      71      71      71      71      71      71      71     71
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Samples 2 and 3 from Goodyear LHT were tested at 45 and 40 mph.


[[Page 60049]]


                                                                     Table 11--Phase II Endurance Test Results, Load Range J
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                               Tire Brands (Hours Completed)
                                                                         -----------------------------------------------------------------------------------------------------------------------
                                                     Proposed (hours)
                                                   Yokohama RY253 (wb)--
                                                         All Pos.
                                                   Goodyear G286 (wb)--
                                                           Steer
                                                     \1\ Michelin XZY3
                                                      (wb)--All Pos.
                                                  Goodyear Unisteel G291
                                                     \2\ Michelin XZY3
                                                      (wb)--All Pos.
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                 Test Method No.                                                                                    Sample No.
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................     47      47      47      71      71      71       7       4       7      71      71      71   ......  ......  ......  ......  ......  ......
2...............................................     47      47      47      71      71      71       7       5       7      65      44      71      71      71      71      71      65      71
3...............................................     47      47      47      55      45      42       2       2       5       6      70      44   ......  ......  ......  ......  ......  ......
4...............................................     47      47      47      42      43      34   ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Superscripts 1 and 2: 1 represents tires tested in 2005; 2 represents tires tested in 2008.


                                                 Table 12--Phase II Endurance Test Results, Load Range J
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                              Group Samples (Hours Completed)
                                                                                 -----------------------------------------------------------------------
                                                             Proposed (hours)
                                                            \2\ Yokohama RY253
                                                                   (wb)
                                                               Michelin XTA
                                                                Kumho KRT02
                                                         -----------------------------------------------------------------------------------------------
                     Test Method No.                                                                Sample No.
                                                         -----------------------------------------------------------------------------------------------
                                                              1       2       3       1       2       3       1       2       3       1       2       3
                                                         -----------------------------------------------------------------------------------------------
2.......................................................     47      47      47      71      71      71      71      71      71      27      56     71
--------------------------------------------------------------------------------------------------------------------------------------------------------
Samples 2 and 3 from Kumho KRT02 were tested at 45 and 40 mph.


                                                                     Table 13--Phase II Endurance Test Results, Load Range L
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                               Tire Brands (Hours Completed)
                                                                         -----------------------------------------------------------------------------------------------------------------------
                                                     Proposed (hours)
                                                    \1\ Conti. HMS45 +
                                                           Steer
                                                  \1\ Michelin XZUS--All
                                                           Pos.
                                                     \1\ Michelin XZA2
                                                        Energy--All
                                                   Conti.HMS45 + - Steer
                                                  \2\ Michelin XZUS--All
                                                           Pos.
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                 Test Method No.                                                                                    Sample No.
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................     47      47      47      19      21      20      30      28      33   ......  ......  ......  ......  ......  ......  ......  ......  ......
2...............................................     47      47      47      29      20      30      30      32      48      64      59      56      55    46.7      43      55      40      41
3...............................................     47      47      47       8       9       4   ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......
4...............................................     47      47      47      14      14      17   ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......
5...............................................     47      47      47       3       2       3   ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......
6...............................................     47      47      47       4       4       3   ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superscript 1 represents tires tested in 2005, 2 represents tires tested in 2008.


                              Table 14--Phase II Endurance Test Results, Load Range G Bias Ply (Trailer application) and N
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Tire Brands (Hours Completed)
                                                         -----------------------------------------------------------------------------------------------
                                     Proposed (hours)
                                   (G-Bias) Milestar TRX
                                   (G-Bias) Milestar TRX
                                   (G-Bias) Milestar TRX
                                  (N) Prime X Rockmaster
                                 -----------------------------------------------------------------------------------------------------------------------
         Test Method No.                                                                Sample No.
                                 -----------------------------------------------------------------------------------------------------------------------
                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................     47      47      47      71      71      71      71      71      70      71      71      64       5       6       4
2...............................     47      47      47      52      10      48      71      66      62      71      53      67   ......  ......  ......
3...............................     47      47      47      45      71      35      54      67      55       3      71      71   ......  ......  ......
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Test results also indicate that some higher load range J, L, and N 
tires were overall less likely to achieve their target of 71 hours than 
the load range G and H tires. Some load range J and L tires are also 
used on inter-city coach buses (motorcoaches), which are operated at 
highway speeds. (Tire industry data show that load range J and L tires 
comprise 8 percent of the new truck tire market share (see Docket 
NHTSA-2002-13707, item 18.1).) Nineteen out of the 24 (79%) load range 
J tires met the proposed 47-hour test. Five out of the 9 (56%) load 
range L tires tested met the proposed conditions. The load range J and 
L tires we tested had speed ratings ranging from 62 to 75 mph, and all 
9 tires speed-rated 75 mph met the proposed 47-hour endurance test 
requirements. The agency assumes that most load range J and L tires are 
speed-rated 75 mph, and that the tires would thus meet the proposed 
endurance requirements. The agency is seeking comment on the percentage 
of these tires that are speed-rated 75 mph.
    All of the tires were not tested to every test method for several 
reasons. For load range G and H tires, the

[[Page 60050]]

Bridgestone and Goodyear tires were tested to Test Method 1 through 
Test Method 6. The Continental D 460, Kumho 943, Kumho KRS02, and 
Yokohama RY023 tires were not tested to Test Method 1 and Test Methods 
3 through 6, primarily because failures from the other groups began to 
surface when tested to Test Method 3. In similar fashion, tires for 
load range J, L, N, and G (bias ply), were not tested once a pattern of 
failures indicated that a particular test method was beginning to 
result in failures for those tires.

Phase II High Speed Test

    Based on the results of the high speed tests of new tires in Phase 
I,\14\ we revised the high speed test matrix for Phase II by reducing 
the test speeds to speeds that are more representative of the upper 
limit for heavy vehicle application. Table 15 below summarizes the test 
conditions used for the high speed test in Phase II.
---------------------------------------------------------------------------

    \14\ Most failures occurred in Test Method A at test speeds of 
152 km/h (95 mph) or at 160 km/h (100 mph).
[GRAPHIC] [TIFF OMITTED] TP29SE10.009

    We tested new tires of load ranges F, G, H, J, and L from several 
major tire manufacturers. Test conditions varied in severity by 
adjusting load, inflation pressure and/or speed. The applied load was 
based on the single maximum load for the subject tire, stated on the 
sidewall. The applied load ranged from 85 percent of maximum load 
rating to 90 percent of maximum load rating. In Test Method (TM) C, the 
least severe test method, the test load was set to 85 percent of 
maximum load rating, and inflation pressure at 95 percent of maximum. 
In the most severe Test Method (B), the load was set at 90 percent of 
maximum load rating, and inflation at 90 percent of maximum. Inflation 
pressures ranged from 90 percent to 95 percent of maximum pressure 
stated on the sidewall. Generally, test speeds were 100/110/120 km/h 
(62/68/75 mph). Each tire was conditioned at an ambient temperature of 
35 [deg]C  3 [deg]C (95 [deg]F  5 [deg]F) for 
three hours, broken in for two hours at 80 km/h (50 mph) under 88 
percent of maximum load rating, and then run for duration of 2.5 hours. 
The duration for the final speed step of 120 km/h (75 mph) was 1.5 
hours, which represents an additional hour beyond the normal speed step 
of 30 minutes.

Phase II High Speed Test Results

    Tables 16 through 24, below, summarize the results of the high-
speed test for new tires tested in Phase II, and indicate that heavy 
truck tires performed well under the test matrix of Phase II. For the 
138 tires tested for high-speed durability, only 10 tires failed to 
meet the set target of 2.5 hours at speed. For example, the Goodyear 
Drive tire samples 1, 2, and 3 (load range H) under Test Method C, 
completed 2.5, 2.4 and 2.1 hours, respectively (see Table 17). 
Similarly, the same tire brand completed 2.1, 2.4 and 1.9 hours under 
Test Method B. Eighty-one out of the 138 tires were tested to the 
proposed high speed requirements. Ninety-nine percent (80/81) met the 
1.5-hour proposed requirement, Test Method D. Several

[[Page 60051]]

tire models from Bridgestone and Goodyear tire brands were tested first 
and yielded very positive results under Test Methods C and D, which 
were less severe because of the lower loading conditions. Additional 
tire brands (Bridgestone, Continental, Michelin, Kumho and Yokohama) 
were tested to Test Methods C and D to validate the test conditions for 
use in a potential upgrade for the heavy truck tire standard.

                            Table 16--Phase II High Speed Test Results, Load Range F
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
                                                   Tire Brands (Hours Completed)
                                                                 -----------------------------------------------
                                              Target (hours)
                                            Goodyear 647 RSS--
                                                   Steer
                                          Michelin XRV--All Pos.
                                         -----------------------------------------------------------------------
             Test Method No.                                            Sample No.
                                         -----------------------------------------------------------------------
                                              1       2       3       1       2       3       1       2       3
----------------------------------------------------------------------------------------------------------------
D.......................................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5
----------------------------------------------------------------------------------------------------------------


                                                Table 17--Phase II High Speed Test Results, Load Range G
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Tire Brands (Hours Completed)
                                                         -----------------------------------------------------------------------------------------------
                                       Target Hours
                                    Bridgestone R293--
                                           Steer
                                   Bridgestone MIX 711--
                                           Drive
                                   General D460-- Drive
                                       Michelin XZY3
                                 -----------------------------------------------------------------------------------------------------------------------
         Test Method No.                                                                Sample No.
                                 -----------------------------------------------------------------------------------------------------------------------
                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5   ......  ......  ......  ......  ......  ......
B...............................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5   ......  ......  ......  ......  ......  ......
C...............................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5
D...............................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                    Table 18--Phase II High Speed Test Results, Load Range H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                               Tire Brands (Hours Completed)
                                                                         -----------------------------------------------------------------------------------------------------------------------
                                                       Target Hours
                                                   Goodyear G395--Steer
                                                   Goodyear G167--Drive
                                                     Kumho 943--Drive
                                                    Kumho KRS02--Drive
                                                   Yokohama RY023--Steer
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                 Test Method No.                                                                                    Sample No.
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
                                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................................    2.5     2.5     2.5     2.5     2.5     2.5     1.6     2.2     1.9   ......  ......  ......  ......  ......  ......  ......  ......  ......
B...............................................    2.5     2.5     2.5     2.5     2.5     2.5     2.1     2.4     1.9   ......  ......  ......  ......  ......  ......  ......  ......  ......
C...............................................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.4     2.1     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5
D...............................................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.2     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                Table 19--Phase II High Speed Test Results, Load Range H
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                  Group Samples (Hours Completed)
                                                         -----------------------------------------------------------------------------------------------
                                       Target Hours
                                   Goodyear Marathon LHT
                                    Bridgestone R184 CZ
                                     Bridgestone L320
                                   Yokohama TY303--Drive
                                 -----------------------------------------------------------------------------------------------------------------------
         Test Method No.                                                                Sample No.
                                 -----------------------------------------------------------------------------------------------------------------------
                                      1       2       3       1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
C...............................    2.5     2.5     2.5   ......  ......  ......  ......  ......  ......  ......  ......  ......    2.5     2.5     2.5
D...............................    2.5     2.5     2.5     2.3     2.5     1.6     2.5     2.5     2.5     1.3     1.8     1.8     2.5     2.5     2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 60052]]


                                                Table 20--Phase II High Speed Test Results, Load Range J
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                               Tire Brands (Hours Completed)
                                                                                 -----------------------------------------------------------------------
                                                              Target (hours)
                                                             Goodyear Unisteel
                                                              G291--All Pos.
                                                           Yokohama RY253 (wb)--
                                                                 All Pos.
                                                           Michelin XZY3 (wb)--
                                                                 All Pos.
                                                         -----------------------------------------------------------------------------------------------
                     Test Method No.                                                                Sample No.
                                                         -----------------------------------------------------------------------------------------------
                                                              1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
D.......................................................    2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5     2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------


                            Table 21--Phase II High Speed Test Results, Load Range J
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                               Target Hours
                                                   Tire Brands (Hours Completed)
                                                                 -----------------------------------------------
 
                                               Michelin XTA
                                                Kumho KRT02
                                         -----------------------------------------------------------------------
             Test Method No.                                            Sample No.
                                         -----------------------------------------------------------------------
                                              1       2       3       1       2       3       1       2       3
----------------------------------------------------------------------------------------------------------------
D.......................................    2.5     2.5     2.5     2.5     2.5     2.5     2.3     2.5     2.5
----------------------------------------------------------------------------------------------------------------


                                                Table 22--Phase II High Speed Test Results, Load Range L
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                               Tire Brands (Hours Completed)
                                                                                 -----------------------------------------------------------------------
                                                               Target Hours
                                                            Continental HMS 45+
                                                            Michelin XZUS--All
                                                                   Pos.
                                                          Michelin XZA2 Energy--
                                                                 All Pos.
                                                         -----------------------------------------------------------------------------------------------
                     Test Method No.                                                                Sample No.
                                                         -----------------------------------------------------------------------------------------------
                                                              1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
D.......................................................    2.5     2.5     2.5     2.5     2.5     2.5     2.5    2.25     2.5     2.5     2.5     2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                       Table 23--Phase II High Speed Test Results, Load Range J, no break-in step
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                               Tire Brands (Hours Completed)
                                                                                 -----------------------------------------------------------------------
                                                              Target (hours)
                                                           Michelin XZY3 (wb)--
                                                                 All Pos.
                                                             Goodyear Unisteel
                                                              G291--All Pos.
                                                           Yokohama RY253 (wb)--
                                                                 All Pos.
                                                         -----------------------------------------------------------------------------------------------
                     Test Method No.                                                                Sample No.
                                                         -----------------------------------------------------------------------------------------------
                                                              1       2       3       1       2       3       1       2       3       1       2       3
--------------------------------------------------------------------------------------------------------------------------------------------------------
D.......................................................    2.5     2.5     2.5     2.5     2.5     2.5     1.5    2. 5     2.5     2.5     2.5     2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   Table 24--Phase II High Speed Test Results, Load Range L, no break-in step
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
                                                   Tire Brands (Hours Completed)
                                                                 -----------------------------------------------
                                              Target (hours)
                                            Michelin XZUS--All
                                                   Pos.
                                          Michelin XZA2 Energy--
                                                 All Pos.
                                         -----------------------------------------------------------------------
             Test Method No.                                            Sample No.
                                         -----------------------------------------------------------------------
                                              1       2       3       1       2       3       1       2       3
----------------------------------------------------------------------------------------------------------------
D.......................................    2.5     2.5     2.5    2.15     2.5     2.3     2.5     2.5     2.5
----------------------------------------------------------------------------------------------------------------

b. Summary
    The results of the endurance and high speed tests indicated that 
the test requirements of FMVSS No. 119 can be upgraded for radial tires 
to specify more stringent, yet practicable, levels of performance that 
ensure better durability in real-world applications.
    Based on these test results, NHTSA proposes to upgrade the 
endurance performance requirement and establish a new high-speed 
performance requirement for radial tires of load ranges F, G, H, J, and 
L, that are not for speed-restricted service, which comprise about 98 
percent of the truck

[[Page 60053]]

tires sold in the United States.\15\ These tires are typically used for 
regional haul and long haul operations and on motorcoaches. The 
remaining 2 percent represent the higher load rating tires and bias ply 
tires, which are more often used in mixed service (on/off-road 
operations in lower speed applications), such as construction, logging, 
crane, and rigging operations. However, the agency is also considering 
requiring non-speed-restricted, load range M radial tires to comply 
with the upgraded endurance and new high speed tests because some of 
these tires are used in similar applications as load range L tires. The 
agency is not proposing any new requirements for load range N tires, 
which represent less than 1 percent of new tires sold and are typically 
used in lower speed operations. The agency is also not proposing any 
new requirements for bias ply tires, primarily because they are 
typically not installed on new heavy vehicles and they represent a very 
small portion of the tires sold as replacement tires. These tires would 
continue to be required to comply with the current requirements. In 
addition, the agency is not proposing updated requirements for light 
truck tires with tread depth \18/32\ inch or greater or for speed-
restricted tires; these tires, used on light truck applications, are 
load range E category, and are not the focus of this rulemaking. The 
agency is not proposing any new requirements for bias ply tires, 
primarily because we are not aware that they are installed on new heavy 
vehicles, and we aimed at upgrading radial tires, which represent the 
vast majority of the tires used on heavy vehicles.
---------------------------------------------------------------------------

    \15\ New truck tire market share by load range is as follows: F-
5 percent, G-64 percent, H-23 percent, J-3 percent, L-5 percent, M 
and N is less than 1 percent. See Docket NHTSA-2002-13707, item 
18.1.
---------------------------------------------------------------------------

IV. Proposed Endurance Test

    NHTSA is proposing to upgrade FMVSS No. 119's requirements for load 
ranges F, G, H, J, and L tires that are not for speed-restricted 
service by setting more stringent requirements for the endurance test. 
NHTSA proposes that the endurance test be conducted using the 
parameters shown in Table 25. The proposed and current endurance test 
parameters may be compared as shown in Tables 25 and 26 below:

                           Table 25--Proposed FMVSS No. 119 Endurance Test Conditions
----------------------------------------------------------------------------------------------------------------
                                                                                                      Inflation
                  Load ranges                       Steps       Load  (%     Duration   Speed  (km/    pressure
                                                                  max)        (hrs)          h)        (% max)
----------------------------------------------------------------------------------------------------------------
                                                           1           85            7  ...........  ...........
F, G, H, J, and L..............................            2           90           16           80           80
                                                           3          100           24  ...........  ...........
----------------------------------------------------------------------------------------------------------------


                            Table 26--Current FMVSS No. 119 Endurance Test Conditions
----------------------------------------------------------------------------------------------------------------
                                                                                         Load (% max)
                                                                   Inflation -----------------------------------
                     Load ranges                      Speed  (km/  pressure             Duration (hrs)
                                                          h)        (% max)  -----------------------------------
                                                                                   7          16          24
----------------------------------------------------------------------------------------------------------------
F...................................................          64  ..........  ..........  ..........  ..........
G...................................................          56         100          66          84         101
H, J, L, M, N.......................................          48  ..........  ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    A tire would comply with the proposed requirements if, at the end 
of the endurance test as currently defined by the standard, there is no 
visual evidence of tread, sidewall, ply, cord, inner liner, belt or 
bead separation, chunking, open splices, cracking or broken cords, and 
the tire pressure, when measured at any time between 15 and 25 minutes 
after the end of the test, is not less than 95% of the initial test 
pressure.

a. Test Speed

    NHTSA proposes to raise the test speed for the endurance test to 80 
km/h (50 mph) for load range F, G, H, J, and L tires, which are not for 
speed-restricted service. This represents a 25 percent increase in 
speed for a load range F tire, a 43 percent increase for a load range G 
tire, and a 67 percent increase for load range H, J, and L tires. It is 
noted that these tests are performed on a curved road wheel, a 67-inch 
diameter steel drum, on which the tire being tested runs as on a 
treadmill. Because the road wheel is curved, it subjects the tire to 
reverse deflection compared to a tire running on a flat surface, which 
makes the tire run hotter (and is therefore a more severe test). 
According to American Society for Testing and Materials International 
(ASTM International) research on equivalent flat-to-curved speeds based 
on equivalent belt-edge temperatures, a load range G truck tire tested 
on a 67-inch diameter road wheel at 85 km/h (53 mph) experiences belt-
edge temperatures similar to what a tire experiences when tested on a 
flat road surface at 120 km/h (75 mph). Thus, it was determined that 
the effects on the tire in the two situations will be similar, even 
though the one tire is rotating at 85 km/h (53 mph) and the other at 
120 km/h (75 mph). (``Phase 1--Final Report,'' ASTM Truck/Bus Tire Test 
Development Task Group, 9/5/06, Docket No. NHTSA-2002-13707-10.)
    In NHTSA's Phase II testing, tires were tested to speeds of 80, 90, 
and 100 km/h (50, 56, and 62 mph) as potential upgrades to the current 
test speeds. Only 3 of 30 tire samples were able to complete a 71-hour, 
or even a 47-hour test, at 100 km/h (62 mph). At 90 km/h (56 mph), all 
except three of the load range G and H tires were able to complete 47 
hours. At 80 km/h (50 mph), all of the load range F, G and H tires 
completed the 71-hour test without failure, even at 80 percent 
inflation. Load range J tires had mixed results, and for load range L 
tires, only 7 of 21 tires tested were able to complete 47 hours of the 
endurance test.
    Given these results, NHTSA believes that a speed of 80 km/h (50 
mph) for the endurance test, when coupled with the inflation pressure 
and load parameters

[[Page 60054]]

we are proposing, represents a substantial and realistic upgrade over 
current requirements for commercial vehicle tires. In selecting this 
test speed, we considered the maximum speed rating of the tires we 
tested and those typically used in commercial vehicle applications, 
including motorcoaches, and found that, according to tire manufacturer 
catalogs,\16\ the majority of the tires in these usage categories were 
rated at 120 km/h (75 mph). All the test tires that were rated at 120 
km/h (75 mph) and some that were rated at 110 km/h (68 mph) or lower 
completed the proposed 47-hour Endurance test without failure. Even 
though load range J and L tires comprise only about 6 percent of the 
commercial vehicle tire market, NHTSA is aware that load range J and L 
tires are used on some commercial inter-city coach buses 
(motorcoaches), operated on interstate highways, and their use as such 
highlights the need to propose upgrading the endurance test speed for 
these tires. The agency is aware that while some load range J and L 
tires are rated at a maximum speed of 120 km/h (75 mph), many others 
are rated at speeds between 88 km/h (55 mph) and 110 km/h (68 mph). As 
a result, the agency solicits comment on the appropriateness of the 80 
km/h (50 mph) test speed for load range F, G, H, J, and L tires in the 
endurance test.
---------------------------------------------------------------------------

    \16\ Tire catalogs were found online (www.--) at manufacturer 
Web sites.
---------------------------------------------------------------------------

    The agency is also considering requiring non-speed-restricted, load 
range M radial tires to comply with the upgraded endurance test because 
some of these wide base tires may be used in similar applications that 
load range L tires are used. Given that the maximum speed rating of 
these tires allows them to be used in high speed operations, possibly 
instead of two lower load range tires, the agency believes that they 
should be considered for inclusion in the upgrade since they could be 
used in different vehicle applications than the typical speed-
restricted, load range M radial tires. Accordingly, the agency solicits 
comment on requiring non-speed-restricted, load range M radial tires to 
comply with the upgraded endurance test.
    We are unaware of non-speed restricted, radial, load range N tires 
being used in high speed operations, thus we are not proposing that 
they be required to comply with this upgrade. NHTSA does not propose to 
raise the endurance test speed for non-speed-restricted, load range N 
tires from 48 km/h (30 mph), given their typical use on heavy vehicles, 
and our concern that increasing the speed would not be practicable. Due 
to their design and typical application to heavy vehicles used in mixed 
(on/off-road) service at slow speeds, load range N tires performed 
poorly even at the lowest test speed used by NHTSA. As stated 
previously, these tires make up about 1 percent of the total market for 
truck tires. NHTSA believes there is no demonstrated safety need to 
upgrade these tires to comply with a more stringent endurance test, 
given the typical uses of the tires.

b. Load

    NHTSA proposes to change the load combination for the endurance 
test to 85, 90, and 100 percent of the tire's maximum load rating, from 
the 66, 84, and 101 percent combination currently required. NHTSA's 
Phase II testing specified test loads at 85, 90, and 100 percent for 
the same durations as currently required in FMVSS No. 119. Increasing 
the first two load steps from 66 and 84 percent increased the 
stringency of the first 23 hours of the proposed test, and makes them 
consistent with the loads specified in FMVSS No. 139's endurance test 
for light vehicle tires. NHTSA believes increasing the test load 
combination from 66, 84, 101 percent to 85, 90, and 100 percent of the 
tire's maximum load rating represents an overall upgrade of the loading 
condition for FMVSS No. 119.
    Tire failure on a vehicle in service can occur due to under-
inflation or overloading, or both. Heavy vehicle tires are used 
predominantly on commercial vehicles, such as transit buses, tractor 
trailer combination vehicles, and ready-mix concrete trucks, for which 
loading to the vehicle's gross vehicle weight rating is typical of 
normal use. Non-commercial heavy vehicles such as recreational vehicles 
(motor homes) and school buses also use truck tires. Unlike passenger 
cars and other light vehicles, which are rarely loaded to their maximum 
vehicle weight, heavy vehicles are often used in commercial service 
where the vehicle is loaded to its rated cargo or passenger load to 
maximize the profitability of the vehicle's operation. Hence, the first 
two steps of the proposed endurance test reflect the tire's performance 
conditions at which it is expected to be used in normal service.

c. Inflation Pressure

    NHTSA proposes to set inflation pressure at 80 percent of the 
sidewall-labeled inflation pressure that corresponds to the tire's 
maximum load rating. This represents a 20 percent decrease from the 
current endurance test, which requires tires to be fully inflated. Data 
from a tire pressure survey conducted by FMCSA suggests that tires on 
commercial vehicles (particularly trailers) are often run under-
inflated by at least 140 kPa (20 psi).\17\ For a load range G tire, 
which has a maximum inflation pressure of 760 kPa (110 psi), this level 
of under-inflation represents roughly an 18 percent loss of inflation 
pressure. NHTSA believes that conducting the endurance test at some 
level of under-inflation instead of fully inflated better reflects 
real-world conditions. NHTSA testing found that all load range G and H 
tires were able to complete the endurance test at an inflation of 80 
percent of maximum, even at 80 km/h (50 mph).\18\ Load range J tires, 
which have a higher maximum load rating than load range G and H tires, 
showed mixed results, while higher load range L and N tires experienced 
failure rates at both the 90 percent and 80 percent levels of 
inflation.
---------------------------------------------------------------------------

    \17\ The FMCSA study, ``Commercial Vehicle Tire Condition 
Sensors'' (Federal Motor Carrier Safety Administration, Nov. 2003), 
looked at a total of 6,087 units and 35,128 tire samples and found, 
among other things, that approximately 7 percent of the sampled 
heavy vehicles have at least one tire under-inflated by 20 psi or 
more.
    \18\ We also note that at higher test speeds, tire performance 
appears noticeably sensitive to inflation pressures. At 100 km/h, 
more failures occurred at the 80 percent inflation level, and time 
to failure was also shorter at that inflation level compared to 100 
percent inflation.
---------------------------------------------------------------------------

    NHTSA believes that testing at this level of under-inflation 
represents an appropriate upgrade of the severity of the endurance test 
for load range F through L truck tires. We note that the endurance 
tests in the light vehicle tire standards, FMVSS Nos. 109 and 139, are 
conducted with the tire under-inflated to 25 percent below its maximum 
inflation pressure. NHTSA is aware that the tire industry considers 20 
percent under-inflation to be essentially flat for truck tires, which 
are designed to run close to their maximum inflation.

d. Duration

    NHTSA proposes not to amend FMVSS No. 119's endurance test duration 
of 47 hours. The current 47-hour test at 56 km/h (35 mph) results in a 
distance traveled for a load range G tire of 2,632 km (1,645 miles), 
and increasing the speed to 80 km/h (50 mph) increases the traveled 
distance to 3,760 km (2,350 miles), a 43 percent increase in distance. 
NHTSA's Phase II testing extended the endurance test duration to 71 
hours so researchers could assess how long beyond the 47-hour duration 
the tires were able to

[[Page 60055]]

perform. Because the failure rate did not change significantly in 
testing tires beyond 47 hours,\19\ this indicates that the tires' 
performance to the endurance test is less sensitive to changes in 
duration than to changes in speed and inflation pressure. Thus, we 
believe that extending the duration beyond the 47 hours already 
required will not provide additional performance benefits.
---------------------------------------------------------------------------

    \19\ When a tire failed, it generally failed well before 47 
hours, rather than completing the 47 hours and then failing.
---------------------------------------------------------------------------

e. Ambient Temperature

    NHTSA proposes to add a 3 [deg]C (5 [deg]F) 
tolerance to the current ambient temperature specified for FMVSS No. 
119's endurance test, 35 [deg]C (95 [deg]F). Tire test laboratories 
benefit from an ambient temperature tolerance. The proposed 3 [deg]C (5 [deg]F) tolerance for the ambient 
temperature is consistent with FMVSS No. 109 and FMVSS No. 139 in 
providing a 3 [deg]C (5 [deg]F) tolerance 
needed to facilitate the operations at the tire laboratories.\20\
---------------------------------------------------------------------------

    \20\ In FMVSS No. 139, NHTSA requires an ambient temperature for 
road-wheel testing of not less than 32 [deg]C and not more than 38 
[deg]C.
---------------------------------------------------------------------------

f. Endurance Test Conclusions

    The agency tentatively concludes that the proposed requirements for 
the endurance test better reflect the reality of tire usage than the 
current FMVSS No. 119 requirements. The proposed parameters for the 
endurance test, particularly the increased test speed and the reduced 
inflation pressure, reflect conditions that a heavy vehicle tire is 
more likely to experience in normal service.
    Based on research performed by the ASTM, a tire operated at a 
highway speed of 120 km/h (75 mph) experiences an equivalent level of 
stringency when tested at 85 km/h (53 mph) on a curved test wheel.\21\ 
We believe that the agency's proposed endurance test speed of 80 km/h 
(50 mph) on the curved test wheel is therefore a realistic speed.
---------------------------------------------------------------------------

    \21\ ASTM Truck/Bus Tire Test Development Task Group, Phase I--
Final Report, September 7, 2006. Available at Docket No. NHTSA-2002-
13707, Item 10.
---------------------------------------------------------------------------

    The proposed inflation pressure for the endurance test is 80 
percent of the maximum sidewall pressure, compared with 100 percent 
currently specified in FMVSS No. 119. According to the results of 
FMCSA's tire pressure monitoring survey cited above, on 6,087 heavy 
vehicle units with over 35,000 tires sampled, approximately 20 percent 
of the vehicles had at least one tire that was under-inflated by 20 psi 
or more. As a result, testing with some level of under-inflation 
reflects the reality of what heavy truck tires typically experience in 
service.
    The agency's testing to the proposed endurance test showed that 85 
percent of all the load range F, G, H, J, and L tires tested completed 
the 47-hour portion of the test, with the load range J and L tires 
speed-rated less than 75 mph comprising 11 out of 12 of the failures 
under 47 hours. All the load range G and H tires tested completed the 
47-hour portion of the test without any failures. However, even though 
the load range G and H tires met the proposed requirements when tested 
for a duration of 47 hours, NHTSA expects that some manufacturers of 
load range G and H tires may make some design changes to these tires to 
maintain an adequate margin of compliance. We expect that design 
changes will be needed for some load range J and L tires, particularly 
those with a maximum speed rating lower than 120 km/h (75 mph), to 
enable them to comply with the proposed Endurance test requirements at 
80 km/h (50 mph). The agency seeks comments on the appropriateness of 
the proposed endurance test parameters for these tires.

V. Proposed High Speed Test

    In its tire testing program, NHTSA performed high speed tests on 
load range F, G and H tires because these are the ones predominantly 
used on commercial vehicles and are the most likely of all higher load 
range tires to be operated at the speed conditions proposed for this 
test. NHTSA performed high speed tests on load range J and L tires even 
though the tires have a small market share (about 8 percent), because 
some of these tires have a maximum speed rating of 75 mph and are used 
on motorcoaches.\22\ NHTSA did not perform high speed tests on speed-
restricted load range M or N tires, because we were aware that these 
tires are not typically operated at these speed conditions. After 
careful review of the testing results and of the information on the use 
of load range J and L tires on coach buses, NHTSA proposes to include 
in FMVSS No. 119 a high speed test for load range F, G, H, J, and L 
tires, that are not for speed-restricted service. In addition, the 
agency is also considering requiring non-speed-restricted, load range M 
radial tires to comply with the upgraded endurance and new high speed 
tests because some of these tires are used in high speed operations. 
Bias ply and load range N tires that are for speed restricted-service 
would not be subjected to a high speed test.
---------------------------------------------------------------------------

    \22\ The same size tire can become a load range G, H, or J tire 
depending on its construction and on its inflation pressure (e.g., 
for a 315/80R22.5 tire, the maximum load rating (3,750 kg or 8,270 
lbs) for the load range J tire is achieved at an inflation pressure 
of 830 kPa (120 psi), and the maximum load rating (3,450 kg or 7,610 
lbs) when used in the load range H application is achieved at an 
inflation pressure of 760 kPa (110 psi)). A comparison of the load/
inflation pressure values in the 2007 Tire and Rim Association Year 
Book for the proposed high-speed test conditions (85 percent of 
maximum load rating, 90 percent of maximum inflation pressure) 
indicates that the tires are well within the load limits specified 
for the test inflation pressure. For the tire size example used 
above, the test load for a load range J tire would be 3,188 kg or 
7,030 lbs (85 percent of maximum load rating) and the test inflation 
pressure would be 747 kPa (108 psi), which is well above the 
inflation pressure of 670 kPa needed to support that test load 
according to the Year Book.
---------------------------------------------------------------------------

    NHTSA proposes that the high speed test would be initiated after a 
2-hour break-in at 80 km/h (50 mph) and 85 percent of maximum load 
rating, with inflation pressure at 90 percent of maximum. The break-in 
procedure conditions a new tire for testing since it exercises the tire 
components and increases the tire temperature, which results in some 
growth in the rubber components of the tire. This tire growth results 
in a slight decrease in the tire's inflation pressure at the end of the 
break-in period and leads to less growth and negligible pressure 
decrease at the end of the 90-minute high speed test.
    There is currently a high speed test in FMVSS No. 119, but it 
applies only to motorcycle tires and to non-speed-restricted tires with 
a rim diameter code of 14.5 or less marked load range A, B, C, or D. 
Therefore, heavy vehicle tires with a load range of F or above have not 
been required to meet the high speed test requirements in the current 
standard. Table 22 shows test parameters for the proposed high speed 
test.

[[Page 60056]]



                                       Table 27-High Speed Test Conditions
----------------------------------------------------------------------------------------------------------------
                                                                                                       Inflation
                     Load ranges                         Steps    Speed  (km/  Duration    Load  (%    pressure
                                                                      h)       (minutes)     max)       (% max)
----------------------------------------------------------------------------------------------------------------
                                                        Break-in          80         120          85          90
F, G, H, J, and L...................................           1     Max--20          30  ..........  ..........
                                                               2     Max--10          30          85          90
                                                               3         Max          30  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    A tire would comply with the proposed requirements if, at the end 
of the high speed test, there is no visual evidence of tread, sidewall, 
ply, cord, inner liner, or bead separation, chunking, open splices, 
cracking, or broken cords,\23\ and the tire pressure, when measured at 
any time between 15 and 25 minutes after the end of the test, must not 
be less than 95% of the initial test pressure. Load range M tires are 
not included in the high speed test table but the agency seeks comments 
on whether those non-speed-restricted, radial tires, should be required 
to comply with the new proposed high speed test requirements. We are 
unaware of non-speed restricted, radial, load range N tires being used 
in high speed operations, thus we tentatively conclude that they not be 
required to comply with this upgrade.
---------------------------------------------------------------------------

    \23\ We note that all of these terms are defined in the current 
standard.
---------------------------------------------------------------------------

a. Test Speed and Break-In Procedure

    NHTSA proposes to set the test speed for the high-speed test at the 
tire's maximum speed less 20 km/h (12 mph) for step 1, maximum speed 
less 10 km/h (6 mph) for step 2, and at maximum speed for the final 
step. This approach is similar to the approach used by the United 
Nations Economic Commission for Europe (ECE) tire Regulations, which 
establish tire test speeds based on the maximum rated speed of the 
tire. It is also consistent with RMA's suggestion to the agency that 
tires should only be tested for high speed performance up to their 
maximum speed rating.\24\ We are proposing this approach, instead of 
establishing one set of test speeds as a minimum requirement for all 
tires as we have done for motorcycle and passenger car tires, because 
unlike motorcycle and passenger car tires, heavy vehicle tires are 
designed for a wide range of applications and have a narrow range of 
maximum speed ratings.
---------------------------------------------------------------------------

    \24\ Docket No. NHTSA 2002-13707-0016.1.
---------------------------------------------------------------------------

    The truck tires for which we are proposing a high speed test in 
FMVSS No. 119 have speed ratings ranging only from 100-120 km/h (62-75 
mph), which are typical operating speeds for the heavy vehicles on 
which these tires are installed. If one set of test speeds were applied 
to these tires regardless of the speed rating, a tire speed rated at 
the lower end of the range could be subjected to test speeds above the 
speed rating of the tire, which could be inappropriate. (An example of 
this situation is a tire speed rated to 62 mph tested at a speed of 75 
mph.) Conversely, subjecting a tire that is speed rated at the higher 
end of the range to a test speed substantially below the speed rating 
of the tire might under-test the tire and fail to evaluate its high 
speed performance. Therefore, we are proposing to establish test speeds 
based on the tire's speed rating because we believe that it results in 
a high speed test that better reflects the limits of the tire's 
performance.
    However, we disagree with RMA's suggestion that the high speed test 
procedure should exclude the break-in step, which is normally the first 
step when conducting a high speed test. The regulatory text of this 
NPRM does not remove the break-in step from the procedure but we are 
soliciting comments on whether it is appropriate to do so. The agency's 
tire testing included a break-in step and we plan to gather additional 
data on tires tested without the break-in step to determine whether 
there is a difference in the tire's performance.
    We have tentatively decided to retain the break-in step because the 
step helps to condition the rubber components of new tires through 
initial flexing that allows the tire to expand and grow prior to 
testing. As a result, tire growth is minimized during the test, which 
in turn minimizes the decrease of the test pressure at the end of the 
test. Further, the high speed test for light vehicle tires has a break-
in step. When we issued the upgraded light vehicle tire standard in 
2003, the agency included the tire break-in procedure in FMVSS No. 
139's high speed test procedure with the support of the tire industry 
(68 FR 38151). Since the high speed test proposed today would be a new 
test for heavy vehicle tires, we are proposing to adopt a break-in 
procedure similar to that of light vehicle tires. As noted above, Phase 
II high speed testing included the break-in step to evaluate high speed 
performance, testing that involved testing most tires above their 
maximum speed rating.
    Phase II testing used test speeds of 100, 110, and 120 km/h (62, 
68, and 75 mph). The truck tires tested (load range G and H) performed 
well, and most were able to complete the 2.5-hour target duration 
without failure. All except one of the tires tested to the high-speed 
test in Phase II completed the first 1.5 hours without failure.
    The agency solicits comments on the performance of tires to a high 
speed test, and is particularly interested in the performance of load 
range J and L tires. We are aware that while some load range J and L 
tires have maximum rated speeds at 120 km/h (75 mph), some are rated 
below that speed. Further, according to Tire and Rim Association 
Yearbook, manufacturers may recommend that tires may be used at speeds 
higher than the tire manufacturer's rated speed if the load and 
pressure are adjusted. As a result, the agency seeks comment on the 
appropriateness of the test speeds for load range F, G, H, J, and L 
tires in the high speed test. The agency tentatively concludes that a 
high speed test at the proposed test speeds represents an important and 
practicable improvement to FMVSS No. 119 in the safety requirements of 
load range F, G, H, J, and L tires that are not for speed-restricted 
service.
    In addition, the agency is considering requiring load range M tires 
speed rated 75 mph to comply with the high speed test because some of 
these wide base tires may be used in similar applications load range L 
tires are used. Given that the maximum speed rating of these tires 
allows them to be used in high speed operations, possibly instead of 
two lower load range tires, the agency believes that they should be 
considered for inclusion in the upgrade since they could be used in 
different vehicle applications than the typical load range M and N 
tires. Accordingly, the agency seeks comment on the appropriateness of 
requiring load range M tires speed rated 75 mph to comply with the high 
speed test.

[[Page 60057]]

b. Load

    NHTSA proposes to set the test load for the high speed test at 85 
percent of the maximum load rating for the tire. NHTSA's testing 
specified test loads at 85 and 90 percent. Most tires tested were able 
to complete the 90 percent load rating application without any 
failure,\25\ and additional tire types tested to 85 percent load were 
also able to complete 1.5 hours without failure.
---------------------------------------------------------------------------

    \25\ However, the Goodyear brand drive axle tire appeared 
sensitive to load, as it failed more at 90 percent load. The failure 
of these tires to reach the test target of 2.5 hours duration raised 
some concerns that other drive axle tires with lug-type treads may 
not pass at 90 percent load.
---------------------------------------------------------------------------

    We chose to select a different load for the high speed test so as 
not to duplicate the load conditions used in the endurance test. The 
recent update of the high speed test in the FMVSS No. 139 specifies a 
test load of 85 percent of the tire's maximum load rating. NHTSA 
tentatively concludes that a test load of 85 percent of the maximum 
load rating of the tire will provide a necessary improvement, while 
setting a realistic level of performance for load range F, G, H, J, and 
L tires that are not for speed-restricted service.

c. Inflation Pressure

    NHTSA proposes that the high speed test inflation pressure be set 
at 90 percent of the sidewall-labeled inflation pressure that 
corresponds to the tire's maximum load rating. For Phase II testing, 
NHTSA researchers selected inflation pressures of 90 and 95 percent to 
assess the tire's high-speed performance at slight levels of under 
inflation. The high speed test in the light vehicle tire standards, 
FMVSS Nos. 109 and 139, is conducted with the tire under inflated to 
about 8 percent below its maximum inflation pressure. Therefore, for 
this Phase II testing, inflation pressures of 5 and 10 percent below 
maximum were considered reasonable levels. Inflation test pressures in 
this range, with a test load of 85 percent, do not result in the tire 
being overloaded for the given inflation pressure. Based on the test 
results where only 10 out of 102 tires were unable to finish the 150 
minute test, NHTSA proposes that the high speed inflation pressure be 
set at 90 percent of the sidewall-labeled inflation pressure that 
corresponds to the tire's maximum load rating per sidewall labeling.

d. Duration

    NHTSA proposes a 90-minute duration for FMVSS No. 119's high speed 
test, to be applied to load range F, G, H, J and L tires, that are not 
for speed-restricted service. The current duration for the high speed 
test in FMVSS Nos. 119 and 139 is 90 minutes, consisting of three 30-
minute speed steps. High speed tests are typically of relatively short 
duration, given that the purpose of the test is to assess the tire's 
performance close to its upper design limit of speed. Overall, 90 
percent of the test tires performed well at the 100, 110, and 120 km/h 
(62, 68, and 75 mph) speeds, and were able to complete 90 minutes of 
the test without any failures.\26\ Therefore, NHTSA proposes to extend 
FMVSS No. 119's high speed test to apply to load range F, G, H, J and L 
tires, that are not for speed-restricted service, with a total 90-
minute duration.
---------------------------------------------------------------------------

    \26\ NHTSA's Phase II testing extended the high-speed test to 
2.5 hours to assess the limits of performance based on current truck 
tire technology, but not specifically with the aim of developing a 
proposal for a longer high-speed test.
---------------------------------------------------------------------------

e. Ambient Temperature

    NHTSA proposes an ambient temperature range of 35 [deg]C 3 [deg]C (95 [deg]F 5 [deg]F) for the FMVSS No. 119 
high speed test upgrade. The ambient temperature specified for FMVSS 
No. 119's high-speed test is currently 35 [deg]C (95 [deg]F) without 
any temperature tolerance. Because an ambient temperature tolerance 
provides test laboratories with needed flexibility, we propose 
specifying a 6 [deg]C tolerance for the ambient temperature instead of 
a single temperature. The agency tentatively concludes that this 
proposal for FMVSS No. 119's high speed test is reasonable and 
appropriate.

VI. Tire Maximum Speed Marking

    FMVSS No. 119 currently requires certain information to be marked 
on the tire sidewall. S6.5(d) of the standard requires that each tire's 
maximum load rating for single and dual applications and the 
corresponding inflation pressure be labeled on the sidewall, which 
provides information to the vehicle operator to ensure proper selection 
and use of tires. These load and inflation pressure values are also 
used by NHTSA to determine test values for compliance testing purposes.
    The tire's maximum speed rating is currently not required to be 
labeled on the sidewall,\27\ except for tires that are speed-restricted 
to 90 km/h (55 mph) or below. For speed-restricted tires, S6.5(e) of 
the standard requires that the label on the sidewall be as follows: 
``Max Speed ---- km/h (---- mph).'' \28\ For tires that are not speed-
restricted, the end user does not know from the tire sidewall labeling 
the design maximum speed capability of the tire for the specified 
maximum load rating and corresponding inflation pressure. We believe 
that having the maximum speed rating labeled on the sidewall would 
benefit the end user, especially as the speed capability in any one 
load range can vary.
---------------------------------------------------------------------------

    \27\ Currently the maximum speed ratings for most tires are 
listed only in tire manufacturers' catalogs. Some tire manufacturers 
identify their tires by maximum speed, maximum speed limit, or 
allowable speed range, while others may not publish the speed 
capability of their tires. Common maximum speed ratings for tires 
found in catalogs are 50, 56, 60, 62, 65, 68, 70, 75, and 81 mph.
    \28\ Tire manufacturers currently may include the speed rating, 
voluntarily, for tires that are not speed restricted to 90 km/h or 
less.
---------------------------------------------------------------------------

    As such, the agency is proposing a requirement for a maximum speed 
rating label for radial truck tires with load ranges F and above. The 
agency is proposing the same speed labeling format as the one described 
in S6.5(e)--which requires each tire to be labeled, ``Max Speed ---- 
km/h (---- mph)''--subject to aspects discussed below. The agency 
believes that a maximum speed label that includes a numerical value 
would be less subject to misunderstanding by consumers.

Numerical Value Versus a Symbol

    We are aware that some tire manufacturers now voluntarily label the 
non-speed restricted heavy vehicle tires they sell in the U.S. with 
speed restrictions that use a different format, i.e., speed symbols, to 
indicate the tire's speed.\29\ For heavy vehicle tires, the speed 
symbols and the corresponding speed category used internationally are: 
F--80 km/h (50 mph); G--90 km/h (55 mph); J--100 km/h (62 mph); K--110 
km/h (68 mph); and L--120 km/h (75 mph). We have tentatively determined 
that the speed symbol format is less desirable than labeling the tire 
with a numerical value, because the consumer is more likely to 
understand the meaning of the latter than that of a letter symbol. 
Further, the letter format could be lead to confusion given that the 
current load range label required on heavy vehicle tires uses a similar 
lettering scheme (load ranges F, G, H, J, L, M and N) that includes 
letters that are identical in some instances to the speed symbols used 
on heavy vehicles (speed symbols F, G, J, K, and L). The corresponding 
speed for these speed symbols are typically listed in the industry 
publications such as the annual Year Book of the Tire and Rim 
Association or the Japan Automobile Tyre Manufacturers Association.
---------------------------------------------------------------------------

    \29\ As discussed later in this preamble, the Rubber 
Manufacturers Association has suggested to NHTSA that the agency 
require all radial tires with a load range of F and higher (that are 
not speed restricted) be labeled with a service description 
identified by an international labeling system.

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

[[Page 60058]]

    We recognize that many large trucking fleets work closely with tire 
dealers, who have ready access to the industry publications and who 
recommend the best tires for the fleets based on vehicle use and in-
service conditions. However, since many of the small fleets and owner-
operated fleets make their own tire purchasing decisions without such 
help, labeling that is clear and easy to understand (the numerical 
value) should help users purchase the appropriate tires for their 
vehicles, know the speed restrictions of the tire, and use the tires in 
accordance with those speed restrictions.

Multiples of 10 km/h

    We propose to require that manufacturers must label their tires 
with maximum rated speeds in multiples of 10 km/h (e.g., 100, 110, or 
120 km/h). The proposed new high speed test specifies test speeds that 
are multiples of 10 km/h: the test speed for the high-speed test would 
be the tire's maximum speed less 20 km/h (12 mph) for step 1, the 
tire's maximum speed less 10 km/h (6 mph) for step 2, and at maximum 
speed for the final step. NHTSA believes that compliance testing for 
High Speed performance would be conducted more efficiently and be less 
subject to test-speed problems, if the markings are in multiples of 10 
km/h.

Terminology

    We note that some manufacturers use the term ``Maximum Speed'' in 
their tire catalogs, while others use ``Speed Rating.'' We seek comment 
on whether ``Speed Rating'' should be used on the label, instead of or 
in addition to ``Max Speed.''

VII. Other Issues

a. Alternatives Considered

1. International Standards
    The ECE regulation that is applicable to truck tires is ECE 
Regulation 54, Uniform Provisions Concerning the Approval of Pneumatic 
Tyres for Commercial Vehicles and Their Trailers. It applies to both 
heavy truck tires and light truck tires, as was the case for FMVSS No. 
119 prior to the establishment of FMVSS No. 139. It includes a load/
speed endurance test that is similar to the existing FMVSS No. 119 
endurance test for medium/heavy truck tires. The test parameters for 
load, inflation pressure, and duration are identical to those specified 
in FMVSS No. 119, except for the ambient temperature, which is 
specified at 25 [deg]C  5 [deg]C, compared with the 
specification of 35 [deg]C  3 [deg]C as proposed for the 
revision to FMVSS No. 119. The other difference between the two 
standards is that ECE Regulation 54 uses the tire's speed category to 
determine its test speed, whereas FMVSS No. 119 uses the tire's load 
range to determine its test speed. The test speeds in ECE Regulation 54 
are approximately 48-56 km/h (30-35 mph) lower than the maximum speed 
rating of the tire, which results in test speeds that are in a speed 
range not very much different from the test speed required in FMVSS No. 
119 for non-speed-restricted tires. Test speeds in ECE Regulation 54 
range from 32-72 km/h (20-45 mph) whereas the Endurance test speeds in 
FMVSS No. 119 range from 48-64 km/h (30-40 mph). Hence, the severity of 
the ECE regulation for heavy vehicle tires is about the same as for 
tires under the current FMVSS No. 119. Additionally, the ECE has no 
high speed test for truck tires. In short, ECE Regulation 54 contains 
test parameters and performance requirements that are, in some cases, 
similar to the current FMVSS No. 119, but that we believe are in other 
cases less stringent.
    The agency is not aware of other truck tire standards that are 
different from ECE Regulation 54 or FMVSS No. 119, since many national 
regulations typically adopt some version of the ECE regulation or the 
FMVSS.
2. ASTM Truck/Bus Tire Test Development Task Group
    The ASTM Truck/Bus Tire Test Development Task Group recommended 
that the agency consider the artificial stresses and temperature 
impacts that are introduced into tire testing when tires (particularly 
medium truck tires and larger) are tested on a 67-inch diameter test 
road-wheel, as compared to a flat surface. The task group has been 
working to develop a tire temperature prediction model for two critical 
crown area temperatures, tread centerline and belt edge, based on 
comparisons of tire temperatures obtained from tests of five load range 
G tires \30\ on a 67-inch diameter curved road wheel, on a flat track 
test surface, and on an outdoor test track. (``Phase 1-Final Report,'' 
ASTM Truck/Bus Tire Test Development Task Group, 9/5/06, Docket No. 
NHTSA-2002-13707-10. ``Phase I & II Review,'' ASTM Truck/Bus Tire Test 
Development Task Group, 5/15/08, Docket No. NHTSA-2002-13707-14.) As a 
result of this work, the task group found that, for the five load range 
G tires it tested: (a) The average predicted temperature increases an 
average of 39 [deg]C (70 [deg]F) at the tread centerline and 22 [deg]C 
(40 [deg]F) at the tire's belt edge when tested on a 67-inch diameter 
curved road-wheel as compared to temperatures obtained from tires 
tested on a flat surface; (b) equivalent tread centerline temperatures 
were obtained between tires tested on a curved road-wheel at 67 km/h 
(42 mph) and tires tested on a flat roadway surface at 120 km/h (75 
mph); and (c) equivalent tread belt edge temperatures were obtained 
between tires tested on a curved road-wheel at 79 km/h (49 mph) and 
tires tested on a flat roadway speed at 120 km/h (75 mph). The task 
group recommended that NHTSA develop a standard based on maintaining 
equivalent tire crown area temperatures (i.e., centerline, shoulder, 
and belt edge) between flat and curve test surfaces.
---------------------------------------------------------------------------

    \30\ The test tires, from Bridgestone, Goodyear, and Michelin, 
included three drive axle tires with a tread depth of 30/32 inch; 
one steer axle tire with a tread depth of 18/32 inch; and one 
trailer axle tire with a tread depth of 12/32 inch.
---------------------------------------------------------------------------

    It should be noted that in 2008, the Task Group also completed a 
Phase II, which included load range J and L tires to validate the 
applicability of the truck tire test conditions to additional tire 
sizes and service applications such as inter-city buses and refuse 
trucks and ready mix cement trucks. ASTM concluded from the results of 
Phase II that for tires with a maximum speed rating below 120 km/h (75 
mph) the Endurance test speed should be reduced from 80 km/h (50 mph) 
to 72 km/h (45 mph).
    NHTSA is aware that a tire operated on a curved road-wheel, 
compared to a tire operated on a flat road surface, experiences higher 
centerline and belt edge temperatures due to several factors, e.g., 
severe reverse curvature at the tire contact patch; distortion of the 
tire contact patch shape; and over-deflection of the tire sidewall. 
NHTSA's tests are conducted on a curved road-wheel. There appears to be 
several anomalies in the results from the ASTM model, such as the 
centerline temperatures being higher for the 18/32-inch tread depth 
tire compared with the centerline temperatures for the 30/32-inch tread 
depth tire. (A tire with a greater tread depth generally runs hotter 
than one with a lower tread depth.) There are also test conditions 
where the model predicted lower tire temperatures when tested on the 
road-wheel than the tire temperatures when tested on the flat track 
machine and the test track. In addition, the test duration for the 
tires the task group tested was limited to 60 minutes to achieve a 
steady-state temperature, which does not reflect the level of 
stringency a tire experiences during a 47-hour test as performed under 
the current FMVSS No. 119 endurance test.

[[Page 60059]]

    Nevertheless, we note that our rulemaking proposal to upgrade the 
endurance test includes parameters that are on the same order of 
magnitude as those provided in the task group's recommendations. Our 
proposal includes an endurance test speed of 80 km/h (50 mph) on a 
curved road-wheel, up to 100 percent maximum load rating, 80 percent of 
the maximum inflation pressure, and 35 [deg]C (95 [deg]F) ambient 
temperature. From the results in our Phase II endurance and high-speed 
tests, we tentatively believe that these parameters are reasonable and 
practicable and consistent with the task group's recommendation.
3. Rubber Manufacturers Association
    On May 14, 2009, RMA submitted information to the agency regarding 
an upgrade of FMVSS No. 119 (see Docket No. NHTSA 2002-13707-0016.1 
(RMA Perspective on the FMVSS 119 Revisions and Updates Mandated by the 
TREAD Act)). RMA's information included suggestions for a number of 
matters regulated by FMVSS No. 119, including the endurance and high 
speed tests, and had data from tests it had conducted (although from 
only one manufacturer). The suggestions are briefly described below.
    RMA suggested that NHTSA mandate that all radial tires with a load 
range of F and higher (that are not for speed-restricted service) be 
labeled with a service description identified by an international 
labeling system, in support of global harmonization and that it be used 
as the basis for testing.\31\ RMA suggested that the endurance test 
speed in the upgraded FMVSS No. 119 be based on that speed symbol. RMA 
suggested that tires with speed symbols of J, K, L, and M be tested at 
a speed equal to the difference between the speed symbol and 40 km/h 
(25 mph). If the tire has a speed symbol L, which deciphered is a speed 
rating of 120 km/h (75 mph), the endurance test speed would be 80 km/h 
(50 mph), or if a tire has a speed symbol J, which deciphered is a 
speed rating of 100 km/h (62 mph), the endurance test speed would be 60 
km/h (37 mph).
---------------------------------------------------------------------------

    \31\ The corresponding values for the maximum load and speed 
symbols of that labeling system may be found in literature published 
by entities such as: Tire & Rim Association, European Tyre and Rim 
Technical Organization, Japan Automobile Tyre Manufacturers 
Association, and others.
---------------------------------------------------------------------------

    RMA suggested that if a high speed test is adopted in FMVSS No. 
119, the test should be a stepped-up speed test with three 30-minute 
steps. The test speeds RMA suggested would be indexed to the 
corresponding speed symbol of the tire (i.e., step 1 test speed is 20 
km/h below the speed symbol, step 2 test speed is 10 km/h below the 
speed symbol, and step 3 test speed is run at corresponding speed for 
that symbol). Further, RMA believed that the high speed test should be 
conducted without the initial break-in step. According to RMA, there 
are data supporting that the tire growth during the break-in step was 
negligible, and that the step was thus unnecessary.
    Test conditions such as inflation pressure, load, duration, and 
ambient temperature in RMA's suggested tests (endurance and high speed) 
would be the same as NHTSA's proposed test conditions. Other issues 
discussed by RMA may be found in the docket submission.
    Some of RMA's suggestions have been incorporated into this NPRM. As 
discussed above, NHTSA has proposed requiring tires to have a maximum 
speed rating label on their sidewalls so that users will know a tire's 
maximum speed capability. Thus, a labeling proposal in included in this 
NPRM. However, as explained above, the agency believes that using an 
international labeling system to identify the tire's maximum load and 
speed ratings would not benefit end users in the U.S. because the 
literature used to reference these values may not be readily available 
for all users, and because the lettering system may be confusing. 
Accordingly, the NPRM proposes that a numerical value be labeled rather 
than a symbol.
    This NPRM incorporates RMA's suggestion that a high speed test 
should comprise a stepped-up speed test with three 30-minute steps 
using test speeds indexed to the corresponding speed rating of the 
tire. However, as explained earlier in this document, this NPRM does 
not propose RMA's suggestion to remove the break-in step from the high 
speed test but we are soliciting comments on whether it is appropriate 
to do so.
    With regard to RMA's suggestion about the endurance test, at this 
time the agency does not believe that all tires should be tested to 40 
km/h (25 mph) less than the tire's maximum speed rating in the 
endurance test. RMA used research findings from the ASTM as a basis for 
the suggestion to establish the test speeds. ASTM found that there was 
an equivalence in belt edge temperatures for tires tested on a flat 
road surface at 120 km/h (75 mph) and on a curved road wheel at 80 km/h 
(50 mph). Hence, this 40-km/h (25-mph) differential was used by RMA in 
its recommendations for the test speeds NHTSA should propose for the 
endurance test.
    The RMA test data used to support its recommendations was limited, 
generated from only one of its members, Bridgestone Firestone. Also, 
the mix of tires in the RMA data did not reflect the real-world mix of 
heavy vehicle tires sold in the U.S. Although the ASTM findings appear 
to support the finding that a 40-km/h (25-mph) differential exists in 
test speeds in the 120-km/h (75-mph) range, NHTSA does not have enough 
information to conclude that these findings can be extrapolated to 
include speeds much lower than 120 km/h (75 mph). The agency is 
currently reviewing data from lower speed rated tires 100 km/h (62 
mph). We request data from tire manufacturers on the performance of 
lower speed rated tires, particularly for the proposed endurance test, 
and comments from the public on RMA's submission to the docket.
    We believe that the NPRM's proposed test conditions for the 
endurance test are practicable and reasonable and reflect our 
recognition of the severity of the endurance test on the curved road 
wheel.\32\ Our data show that some tires that are speed rated 65 mph 
were able to meet the proposed endurance test when tested to 80 km/h 
(50 mph). The vast majority of the tires we tested completed the 
proposed 47-hour endurance test at 80 km/h (50 mph) without failure.
---------------------------------------------------------------------------

    \32\ The endurance test is a more stringent test than the high 
speed test, primarily because of the lower inflation pressure and 
longer duration specified for the test.
---------------------------------------------------------------------------

b. Deep Tread Truck Tires

    The agency tested tires with tread depths that are typical of on-
road service, and included drive axle tires with tread depths of about 
30/32 inch, steel axle tires with tread depths of about 18/32 inch, and 
trailer tires with tread depths around 12/32 inch. We are aware that 
there are deep tread truck tires with a load range of H, J, or L that 
have tread depths greater than 32/32 inch, but none of these tires was 
included in our testing because they appear to represent a very small 
percentage of heavy truck tires. We are soliciting public comments on 
the applicability of the proposed endurance and high speed requirements 
to deep tread truck tires and welcome test data submissions for the 
docket.

c. Correction of Table III

    In Table III, ``Endurance Test Schedule,'' of FMVSS No. 119, there 
are several minor items of information that have been inadvertently 
omitted from the table over the course of years of amendments to the 
standard, most recently when the standard was

[[Page 60060]]

amended on June 26, 2003. The Table III proposed in today's NPRM 
corrects those omissions, by including for tires described as ``All 
other,'' a row for load range A, B, C, and D tires, and a row for load 
range E tires, which include bias-ply tires and others not covered 
under FMVSS No. 139. Footnote text has also been added to correspond to 
the footnote superscripts 1 and 2. In addition, the current Table III 
does not include load range C and D for speed-restricted service and 
load range M on the list of tires for non-speed-restricted service but 
it does include load range N, which is a higher load range tire. Load 
range C and D were inadvertently excluded from Table III. Also, load 
range M has been inadvertently excluded from Table III since both load 
range M and N tires are included in the list of speed-restricted tires 
required to comply with FMVSS No. 119. The agency seeks comments on 
including load range M on the list of non-speed-restricted tires 
covered under the standard. In addition, we are proposing to change the 
superscript format from numerical values 1 and 2 to alphabet letters A 
and B to enhance clarity. We are also seeking comments on this issue.

d. Separate Standard

    We note for the reader that, assuming we issue a final rule on this 
subject, the final rule might separate the non-speed-restricted, radial 
tires of load ranges F, G, H, J, and L, from the requirements currently 
in FMVSS No. 119 that this NPRM does not propose to upgrade. We might 
set forth the upgraded requirements for the non-speed-restricted, 
radial tires of load ranges F, G, H, J, and L, in a new standard to 
make clear the regulatory language between those tires whose 
requirements were not upgraded. The agency took the same approach when 
it upgraded tires for vehicles with a GVWR of 4,536 kg (10,000 lb) or 
less, establishing FMVSS No. 139. RMA has also endorsed this approach 
in its letter to the agency; see Docket No. NHTSA 2002-13707-0016.1, p. 
13.

VIII. Proposed Effective Date

    NHTSA proposes that the proposed requirements for load range F, G, 
and H tires be effective two years after publication of a final rule. 
The results of the tire research indicate that most load range G and H 
tires are able to meet the proposed requirements with little if any 
modification. Load range J tires might need some design changes to 
comply with the upgraded requirements. Given the need for modification 
and the small market share of the tires, the agency proposes an 
effective date of three years after publication of a final rule for 
load range J and L tires. In addition, the agency's proposal to 
establish new labeling requirements for the maximum speed rating of the 
tire would require changes in some tire molds. We propose that the new 
maximum speed rating labeling requirements for load range F, G, H, J, 
and L tires be effective 5 years after the publication of the final 
rule. NHTSA requests comment on the proposed lead time for meeting the 
performance requirements and the labeling requirements.

IX. Costs and Benefits

    According to Modern Tire Dealer, the 2008 sales for medium and 
heavy truck original equipment and replacement tires were 4.3 million 
and 15.5 million, respectively. Comments are requested on the number of 
tire sales by all (F, G, H, J, and L) load ranges and speed ratings. 
All of the G load range tires tested passed the proposed criteria. 
Also, all of the H load range tires tested, except for one brand speed 
rated at 62 mph, passed the proposed criteria. For the endurance test, 
of the six J load range brand/models tested, all three tires from three 
brand/models passed, two of three from a fourth brand/model passed, 
none of a fifth brand/model passed, and three tires from a sixth brand 
passed. Costs to bring the H and J load range tires into compliance 
with the proposal are not anticipated to be greater than $15 per tire.
    Out of the fifteen load range L tires tested (three tires for each 
of five brand/models), only seven tires passed the proposed test and 
two did so with a small margin based on the proposed 47 hours duration 
for the endurance test. Comments are requested on the technology needed 
and cost to make other load range L tires pass the proposed endurance 
test. At one end of the cost spectrum, improved rubber compounds could 
be a countermeasure that could reduce heat retention with costs at 
about an additional $0.25 per pound. Since these tires have about 100 
pounds of rubber this would add $25 in costs to each L load range tire. 
At the other end of the cost range, one could assume these tires need 
to be made significantly lighter to pass the test with better 
materials. This would entail using ultra high tensile strength steel 
costing an additional $2 per pound. Those tires now have 35 pounds of 
steel in them, totaling $70. Combining these two methods could add up 
to $95 per tire (these tires typically cost about $525 each). Comments 
are also requested on the costs associated with the new speed labeling 
requirement.
    As discussed above, the costs to bring load range H, J and L tires 
to compliance with the proposed requirements are estimated to range 
from $15 to $95 per tire. The combined H, J, and L load range tire 
sales comprised about 29 percent of the total medium and heavy truck 
tire sales (19.8 million tires). Of the 29 percent, about 23 percent or 
4,554,000 are believed to be H load range tires, about 3 percent or 
594,000 are believed to be J load range tires, and about 3 percent or 
594,000 to be L load range tires. There are an estimated 227,700 sales 
for H load range tires, 118,800 sales for J load range tires and 
118,800 sales for L load range tires, all with a speed rating of 62, 65 
or 68 mph. Applying the failure rate and cost per tire to the estimated 
sales of H, J and L load range tires with a speed rating of 62, 65 or 
68 mph would result in a total cost of $13,314,362.
    NHTSA believes that this NPRM has a beneficial effect on safety in 
that it would ensure greater tire durability as tires are held to more 
stringent standards than currently required. However, the agency has 
limited data on the crashes in the crash databases related to tires in 
these load ranges. Comments are requested on the different applications 
of various speed rating and load range tires (e.g., over the road bus 
operations, etc.).

X. Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking document was not reviewed by the Office of 
Management and Budget under E.O. 12866. It is not considered to be 
significant under E.O. 12866 or the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979). This document proposes 
upgrades to FMVSS No. 119 that we believe most tire manufacturers will 
be able to meet without substantial difficulty. NHTSA has prepared a 
regulatory evaluation that discusses the costs and other impacts of 
this proposed rule.\33\
---------------------------------------------------------------------------

    \33\ The evaluation may be obtained by contacting Docket 
Management at the address or telephone number provided at the 
beginning of this document. You may also read the document via the 
Internet, by following the instructions in the section below 
entitled, ``Public Participation.'' The evaluation will be listed in 
the docket summary.
---------------------------------------------------------------------------

    NHTSA believes that this NPRM has a beneficial effect on safety in 
that it would ensure greater tire durability as tires are held to more 
stringent standards than currently required. However, there might be 
some cost impacts for manufacturers of lower speed rated load range J 
and L tires. Some of these tires may not meet the

[[Page 60061]]

proposed requirements in NHTSA's test program. Of the heavy-duty load 
range J and L tires that did not uniformly pass the upgrade testing, we 
anticipate that the costs to bring them into compliance would be no 
greater than $15 per load range J tire and $95 per load range L tire. 
Comments are requested on the costs of meeting the proposed changes to 
571.119.

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 proposed rulemaking 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 rulemaking will not have a significant economic impact on 
a substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    NHTSA has considered the effects of this proposed rule under the 
Regulatory Flexibility Act. I certify that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities. The proposed rule, which would apply to new pneumatic tires, 
would affect tire manufacturers and/or suppliers. The agency does not 
believe that any of the tire manufacturers affected by this proposed 
rule are small businesses. However, small tire retail outlets across 
the country could in some small way be impacted by the proposal, in 
that the cost of some tires might increase.
    The agency requests comments concerning the economic impact of the 
proposed rule on any small tire manufacturers, tire retail outlets, or 
any other entities which the agency has not mentioned.

Executive Order 13132 (Federalism)

    NHTSA has examined today's proposed rule pursuant to Executive 
Order 13132 (64 FR 43255; Aug. 10, 1999) and concluded that no 
additional consultation with States, local governments, or their 
representatives is mandated beyond the rulemaking process. The agency 
has concluded that the proposal does not have sufficient federalism 
implications to warrant consultation with State and local officials or 
the preparation of a federalism summary impact statement. The proposed 
rule does not have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    NHTSA rules can have preemptive effect in two ways. First, the 
National Traffic and Motor Vehicle Safety Act contains an express 
preemption provision:

    When a motor vehicle safety standard is in effect under this 
chapter, a State or a political subdivision of a State may prescribe 
or continue in effect a standard applicable to the same aspect of 
performance of a motor vehicle or motor vehicle equipment only if 
the standard is identical to the standard prescribed under this 
chapter.

    49 U.S.C. 30103(b)(1). It is this statutory command that preempts 
any non-identical State legislative and administrative law \34\ 
addressing the same aspect of performance, not today's rulemaking.
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    \34\ The issue of potential preemption of State tort law is 
addressed in the immediately following paragraph discussing implied 
preemption.
---------------------------------------------------------------------------

    Second, the Supreme Court has recognized the possibility, in some 
instances, of implied preemption of State requirements imposed on motor 
vehicle manufacturers, including sanctions imposed by State tort law. 
That possibility is dependent upon there being an actual conflict 
between a FMVSS and the State requirement. If and when such a conflict 
exists, the Supremacy Clause of the Constitution makes the State 
requirements unenforceable. See Geier v. American Honda Motor Co., 529 
U.S. 861 (2000), finding implied preemption of State tort law on the 
basis of a conflict discerned by the court,\35\ not on the basis of an 
intent to preempt asserted by the agency itself.\36\
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    \35\ The conflict was discerned based upon the nature (e.g., the 
language and structure of the regulatory text) and the safety-
related objectives of FMVSS requirements in question and the impact 
of the State requirements on those objectives.
    \36\ Indeed, in the rulemaking that established the rule at 
issue in Geier, the agency did not assert preemption.
---------------------------------------------------------------------------

    NHTSA has considered the nature (e.g., the language and structure 
of the regulatory text) and objectives of today's proposed rule and 
does not discern any existing State requirements that conflict with the 
proposed rule or the potential for any future State requirements that 
might conflict with it. Without any conflict, there could not be any 
implied preemption of State law, including State tort law.

National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as the Society of Automotive 
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    NHTSA was unable to find any voluntary consensus standards relevant 
to this rulemaking. Additionally, please see section VI.A.1 above for 
discussion of international standards considered by the agency in this 
rulemaking.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local, or tribal governments, in 
the aggregate, or by the private sector, of more than $100 million 
annually (adjusted for inflation with base year of 1995). This proposed 
rule will not result in expenditures by State, local, or tribal 
governments, in the aggregate, or by the private sector in excess of 
$100 million annually.

National Environmental Policy Act

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

Executive Order 12988

    With respect to the review of the promulgation of a new regulation, 
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR 
4729,

[[Page 60062]]

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

Paperwork Reduction Act

    Under 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. This 
proposed rule contains no reporting requirements or requests for 
information.

Plain Language

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

Regulation Identifier Number (RIN)

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

Privacy Act

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

XI. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments. Your comments must not be 
more than 15 pages long.\37\ We established this limit to encourage you 
to write your primary comments in a concise fashion. However, you may 
attach necessary additional documents to your comments. There is no 
limit on the length of the attachments.
---------------------------------------------------------------------------

    \37\ See 49 CFR 553.21.
---------------------------------------------------------------------------

    Please submit your comments by a method set forth in the ADDRESSES 
section at the beginning of this document.
    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at http://www.whitehouse.gov/omb/fedreg/reproducible.html.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. When you send a comment 
containing information claimed to be confidential business information, 
you should include a cover letter setting forth the information 
specified in our confidential business information regulation.\38\
---------------------------------------------------------------------------

    \38\ See 49 CFR 512.
---------------------------------------------------------------------------

    In addition, you should submit a copy, from which you have deleted 
the claimed confidential business information, to the Docket by one of 
the methods set forth above.

Will the Agency Consider Late Comments?

    We will consider all comments received before the close of business 
on the comment closing date indicated above under DATES. To the extent 
possible, we will also consider comments received after that date. 
Therefore, if interested persons believe that any new information the 
agency places in the docket affects their comments, they may submit 
comments after the closing date concerning how the agency should 
consider that information for the final rule.
    If a comment is received too late for us to consider in developing 
a final rule (assuming that one is issued), we will consider that 
comment as an informal suggestion for future rulemaking action.

How Can I Read the Comments Submitted By Other People?

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

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, and Tires.
    In consideration of the foregoing, we propose to amend 49 CFR part 
571 to read as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

    Authority:  49 U.S.C. 322, 30111, 30115, 30166 and 30177; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.119 is amended by revising S3(a), S6.1.2(b), S6.3, 
S6.5(e), S7.1.2, S7.2(a), S7.2(e), S7.4, S7.4.1, S7.4.2, and Table III, 
by removing and reserving S3(b), and by adding definitions to S4, in 
alphabetical order.

[[Page 60063]]

    The revised and added paragraphs read as follows:


Sec.  571.119  Standard No. 119; New pneumatic tires for motor vehicles 
with a GVWR of more than 4,536 kilograms (10,000 pounds) and 
motorcycles.

* * * * *
    S3. * * *
    (a) New pneumatic light truck tires, for use on motor vehicles with 
a GVWR of 4,536 kilograms (10,000 pounds) or less manufactured after 
1948, of the following type: With a tread depth of 18/32 inch or 
greater, bias-ply with tread depth of 18/32 inch or less, and speed-
restricted service.
    (b) [Reserved]
* * * * *
    S4. * * *
    Bias ply tire means a pneumatic tire in which the ply cords that 
extend to the beads are laid at alternate angles substantially less 
than 90 degrees to the centerline of the tread.
* * * * *
    Maximum speed rating means the maximum speed, as specified by the 
tire manufacturer, at which the tire can carry a load corresponding to 
the maximum load rating for single usage at the corresponding inflation 
pressure.
* * * * *
    Non-speed-restricted service tire means a tire with a maximum speed 
rating above 90 km/h (55 mph).
    Radial ply tire means a pneumatic tire in which the ply cords that 
extend to the beads are laid at substantially 90 degrees to the 
centerline of the tread.
    Speed-restricted service tire means a tire with a maximum speed 
rating of 90 km/h (55 mph) or less.
* * * * *
    S6.1.2 * * *
    (b) The tire pressure, when measured at any time between 15 minutes 
and 25 minutes after the end of the test, shall not be less than 95 
percent of the initial pressure specified in S7.2(a), for the endurance 
test, and in S7.4.2(a) for the high speed test.
* * * * *
    S6.3 High-speed performance. When tested in accordance with the 
procedures of S7.4, a tire shall meet the requirements set forth in 
S6.1.1 and S6.1.2(a) and (b). However, this requirement applies only to 
motorcycle tires, to non-speed restricted tires of nominal rim diameter 
code 14.5 or less marked load range A, B, C, or D, and to non-speed 
restricted radial tires marked load range F, G, H, J, or L.
* * * * *
    S6.5 * * *
    (e)(1) Subject to S6.5(e)(2), the speed that corresponds to the 
maximum speed rating for each speed-restricted service tire and each 
non-speed-restricted service radial tire of load range F, G, H, J, and 
L shall be shown as follows:

Max speed ------ km/h (------ mph)

    (2) For each non-speed-restricted service radial tire of load range 
F, G, H, J, and L, the speed shown shall be in a multiple of 10 km/h.
* * * * *
    S7.1.2 The tire must be capable of meeting the requirements of S7.2 
and S7.4 when conditioned to a temperature of 35 [deg]C  3 
[deg]C (95 [deg]F  5 [deg]F) for 3 hours before the test is 
conducted, and with an ambient temperature maintained at 35 [deg]C 
 3 [deg]C (95 [deg]F  5 [deg]F) during all 
phases of testing. The tire must be capable of meeting the requirements 
of S7.3 when conditioned at a temperature of 21 [deg]C  3 
[deg]C (70 [deg]F  5 [deg]F) for 3 hours before the test is 
conducted.
    S7.2 Endurance. (a) Mount the tire on a model rim assembly and 
inflate it as follows: For a non-speed restricted radial tire of load 
range F, G, H, J, or L, inflate it to 80 percent of the inflation 
pressure corresponding to the maximum load rating marked on the tire. 
For all other tires, inflate it to 100 percent of the inflation 
pressure corresponding to the maximum load rating marked on the tire. 
Use the single maximum load value when the tire is marked with both 
single and dual maximum loads.
* * * * *
    (e) Allow the tire to cool for between 15 and 25 minutes after 
running the tire for the required time. Measure the tire inflation 
pressure. Remove the tire from the model rim assembly, and inspect the 
tire for conditions specified in S6.1.2(a) and (b).
* * * * *
    S7.4 High-speed performance.
    S7.4.1 Motorcycle tires, and non-speed restricted tires of nominal 
rim diameter code 14.5 or less marked load range A, B, C, or D.
    (a) Mount the tire on a test rim and inflate it to the pressure 
corresponding to the maximum load rating marked on the tire. Use the 
single maximum load value when the tire is marked with both single and 
dual maximum load.
    (b) Condition the tire and rim assembly in accordance with S7.1.2.
    (c) Before or after mounting the assembly on a test axle, adjust 
the tire pressure to that specified in S7.4.1(a).
    (d) Mount the tire-rim assembly on an axle and press it against a 
flat-faced steel test wheel that is 1708 mm (67.23 inches) in diameter 
and at least as wide as the tread of the tire
    (e) Apply a force of 88 percent of the maximum load rating marked 
on the tire (use the single maximum load value when the tire is marked 
with both single and dual maximum loads), and conduct the break-in 
procedure at 80 km/h (50 mph) for 2 hours.
    (f) Remove the load, allow the tire to cool to 35 [deg]C 3 [deg]C (95 [deg]F 5 [deg]F), and then adjust the 
pressure to that specified in S7.4.1(a).
    (g) Reapply the same load, and without interruption or readjustment 
of inflation pressure, conduct the test at 120 km/h (75 mph) for 30 
minutes, then at 129 km/h (80 mph) for 30 minutes, and then at 137 km/h 
(85 mph) for 30 minutes.
    (h) Allow the tire to cool between 15 minutes and 25 minutes. 
Measure its inflation pressure. Then, deflate the tire, remove the tire 
from the test rim, and inspect the tire for conditions specified in 
S6.1.2 (a) and (b).
    S7.4.2 Non-speed restricted radial tires marked load range F, G, H, 
J, or L.
    (a) Mount the tire on a test rim and inflate it to the pressure 
corresponding to 90 percent of the maximum load rating marked on the 
tire. Use a single maximum value when the tire is marked with both 
single and dual maximum load.
    (b) Condition the tire in accordance with S7.1.2.
    (c) Before or after mounting the assembly on a test axle, adjust 
the tire pressure to that specified in S7.4.2(a).
    (d) Mount the tire-rim assembly on an axle and press it against a 
flat-faced steel test wheel that is 1708 mm (67.23 inches) in diameter 
and at least as wide as the tread of the tire.
    (e) Apply a force of 85 percent of the maximum load rating marked 
on the tire (use the single maximum load value when the tire is marked 
with both single and dual maximum loads), and conduct the break-in 
procedure at 80 km/h (50 mph) for 2 hours.
    (f) Remove the load, allow the tire to cool to 35 [deg]C  3 [deg]C (95 [deg]F  5 [deg]F), and then adjust the 
pressure to S7.4.2(a).
    (g) Reapply the same load, and without interruption or readjustment 
of inflation pressure, conduct the test at maximum speed rating less 20 
km/h for 30 minutes, then at maximum speed rating less 10 km/h for 30 
minutes, and then at maximum speed rating for 30 minutes.
    (h) Allow the tire to cool for between 15 minutes and 25 minutes. 
Measure its inflation pressure. Then, deflate the tire, remove the tire 
from the test rim, and inspect the tire for conditions specified in 
S6.1.2(a) and (b).
* * * * *

[[Page 60064]]



                                       Table III--Endurance Test Schedule
----------------------------------------------------------------------------------------------------------------
                                                               Test wheel    Test load: Percent of maximum load
                                                                 speed                     rating
          Description                     Load range         ---------------------------------------------------
                                                                                           II--16      III--24
                                                                  km/h      I--7 hours     hours        hours
----------------------------------------------------------------------------------------------------------------
Speed-restricted service:
    90 km/h (55 mph)...........  All........................           40           66           84          101
    80 km/h (50 mph)...........  C, D.......................           48           75           97          114
                                 E, F, G, H, J, L, M, N.....           32           66           84          101
    56 km/h (35 mph)...........  All........................           24           66           84          101
Motorcycle.....................  All........................           80      \1\ 100      \2\ 108          117
Radial.........................  F, G, H, J, L..............           80           85           90          100
All other......................  A, B, C, D.................           80       \1\ 75       \2\ 97          114
                                 E..........................           64           70           88          106
                                 F..........................           64           66           84          101
                                 G..........................           56           66           84          101
                                 H, J, L, M, N..............           48           66           84         101
----------------------------------------------------------------------------------------------------------------
\1\ 4 hours for tire sizes subject to high speed requirements S6.3 .
\2\ 6 hours for tire sizes subject to high speed requirements S6.3.


    Issued: September 23, 2010.
Joseph Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2010-24347 Filed 9-28-10; 8:45 am]
BILLING CODE 4910-59-P