[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34800-34811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12243]
[[Page 34800]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 575
[Docket No. NHTSA-2020-0067]
RIN 2127-AL92
Federal Motor Vehicle Safety Standards, Consumer Information;
Standard Reference Test Tire
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule amends several Federal motor vehicle safety
standards and consumer information regulations to update the standard
reference test tire (SRTT) used therein. The SRTT is used in those
standards and regulations as a baseline tire to rate tire treadwear,
define snow tires based on traction performance, and evaluate pavement
surface friction. This rule is necessary because the only manufacturer
of the currently referenced SRTT ceased production of the tire.
Referencing a new SRTT ensures the availability of a test tire for
testing purposes.
DATES: The effective date of this final rule is July 8, 2022. The
incorporation by reference of the publications listed in the rule has
been approved by the Director of the Federal Register as of July 8,
2022.
Petitions for reconsideration: Petitions for reconsideration of
this final rule must be received not later than July 25, 2022.
ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket and notice number set forth above and be submitted to the
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. For hand delivery or courier
delivery, delivery is only possible between 9:00 a.m. and 5:00 p.m.
Eastern time. To be sure someone is there to help you, please call
(202) 366-9332 before coming.
If you wish to submit any information under a claim of
confidentiality, you should submit the following to the NHTSA Office of
Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590: (1) a
complete copy of the submission; (2) a redacted copy of the submission
with the confidential information removed; and (3) either a second
complete copy or those portions of the submission containing the
material for which confidential treatment is claimed and any additional
information that you deem important to the Chief Counsel's
consideration of your confidentiality claim. A request for confidential
treatment that complies with 49 CFR part 512 must accompany the
complete submission provided to the Chief Counsel. For further
information, submitters who plan to request confidential treatment for
any portion of their submissions are advised to review 49 CFR part 512,
particularly those sections relating to document submission
requirements. Failure to adhere to the requirements of part 512 may
result in the release of confidential information to the public docket.
In addition, you should submit two copies from which you have deleted
the claimed confidential business information, to the Administrator. To
facilitate social distancing during COVID-19, NHTSA is temporarily
accepting confidential business information electronically. Please see
https://www.nhtsa.gov/coronavirus/submission-confidential-business-information for details.
FOR FURTHER INFORMATION CONTACT: You may contact Hisham Mohamed, Office
of Crash Avoidance Standards, by telephone at (202) 366-0307 or David
Jasinski, Office of the Chief Counsel, by telephone at (202) 366-2992.
The mailing address of both of these officials is: National Highway
Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Background
A. SRTT Information
B. Surface Friction Determination
C. Snow Tire Definition
D. Proposed UTQGS Amendments
E. Proposed Effective Date
III. Summary of Comments and NHTSA's Response
A. Revision Date of ASTM F2493
B. Maximum Age and Storage Requirements for NHTSA's SRTT Use
C. Other Issues
D. Effective Date
IV. Conclusion
V. Regulatory Analyses
I. Executive Summary
The purpose of this final rule is to replace references to the 14-
inch Standard Reference Test Tire (SRTT) with references to a new 16-
inch SRTT. As the name suggests, the SRTT is a test tire that is not
manufactured for general use. The 14-inch SRTT is used by NHTSA in
three ways. First, as part of the Federal Motor Vehicle Safety
Standards (FMVSS) (49 CFR part 571), it is used to verify the surface
friction of test surfaces for braking and electronic stability control
standards. Second, it is used as a traction reference for the
determination of whether a tire may be considered a ``snow tire'' under
FMVSS No. 139 (49 CFR 571.139). Third, the SRTT is used in NHTSA's
Uniform Tire Quality Grading Standards (UTQGS) consumer information
program as the course reference tire as part of NHTSA's base course
wear rating (BCWR) determination for the treadwear course.
Because Michelin, the only manufacturer of the 14-inch SRTT, has
ceased production of the tire in 2020, NHTSA must find a suitable
replacement tire. After substantial testing by NHTSA and several test
partners, NHTSA has determined that the 16-inch SRTT is a suitable
replacement. The testing program has determined equivalent values for
test surface friction, the snow tire determination, and the BCWR
determination that do not change the severity of any requirements and
ensure that tire consumer ratings tested using either SRTT are
comparable.
II. Background
A. SRTT Information
This rulemaking addresses the standard reference test tire (SRTT)
manufactured according to specifications set forth in an ASTM
International (ASTM) standard, E1136, ``Standard Specification for
P195/75R14 Radial Standard Reference Test Tire'' (14-inch SRTT). The
14-inch SRTT is a size P195/75R14 all-season steel-belted radial tire.
The dimensions, weight, materials, and other physical properties of the
tire are specified in E1136. The tire is not intended for general use,
but as the name indicates, is used for testing.
NHTSA uses the 14-inch SRTT to evaluate test surface friction \1\
for safety standards relating to braking because the narrow
specifications for the tire (size, component materials, etc.) ensure
consistent, repeatable performance. The 14-inch SRTT is also
incorporated in the definition of a ``snow tire'' in FMVSS No. 139,\2\
which is defined as a tire that attains a traction index greater than
or equal to 110 compared to the 14-inch SRTT when using the ASTM F1805
snow traction test. The SRTT is also used as part of the Uniform Tire
Quality Grading Standards (UTQGS),\3\ an information program to assist
consumers in making informed decisions when purchasing tires. The UTQGS
apply to passenger car tires and
[[Page 34801]]
require motor vehicle and tire manufacturers and tire brand name owners
to provide consumers with information about their tires' relative
performance regarding treadwear, traction, and temperature resistance.
The SRTT is used as the course monitoring tire (CMT) for the treadwear
course.\4\ Because tire performance over the test course can change
daily due to variability in road surface, temperature, humidity, and
precipitation, the CMTs are run alongside candidate tires being tested.
The performance of the CMT is used to determine the base course wear
rate (BCWR), which is published four times per year by NHTSA and is
used to determine a course severity adjustment factor that is applied
during tire treadwear testing.
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\1\ 49 CFR 571.105, 571.121, 571.122, 571.126, 571.135, 571.136,
571.139, 571.500.
\2\ See 49 CFR 571.139.
\3\ See 49 CFR 575.104.
\4\ The treadwear course is a 400-mile course of public roads
near San Angelo, Texas.
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In an August 5, 2021 notice of proposed rulemaking (NPRM),\5\ NHTSA
proposed amendments to the FMVSSs and tire regulations to replace
references to the 14-inch SRTT with references to a newer 16-inch SRTT.
The 14-inch SRTT was first introduced in the 1980s. The 14-inch SRTT
was manufactured by one company, Michelin North America, Inc (Michelin)
and was sold under its Uniroyal brand. Michelin has ceased production
of the 14-inch SRTT because it has become difficult for Michelin to
obtain the materials necessary to manufacture the SRTT.\6\ ASTM has
developed an updated specification for an SRTT designated F2493 (16-
inch SRTT). The 16-inch SRTT is a size P225/60R16 97S radial standard
reference test tire. The 16-inch SRTT is considered to be more
representative of current tires because of its larger size and new
material and design features that lead to traction that is more typical
of modern passenger car tires.\7\ To the best of NHTSA's knowledge, the
16-inch SRTT is manufactured only by Michelin and sold under its
Uniroyal brand. NHTSA determined that the 16-inch SRTT was the only
suitable replacement that had been suggested.
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\5\ 86 FR 42762.
\6\ See ``Discontinued Tire Will Lead to ASTM Standard Changes''
(July 30, 2015), available at https://www.astm.org/cms/drupal-7.51/newsroom/discontinued-tire-will-lead-astm-standard-changes (last
accessed April 13, 2021).
\7\ See ``New ASTM Specification Presents Requirements for
Standard Reference Test Tire'' (April 1, 2007), available at https://www.astm.org/cms/drupal-7.51/newsroom/new-astm-specification-presents-requirements-standard-reference-test-tire (last accessed
April 13, 2021).
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However, because the 16-inch SRTT is a larger size and uses more
modern design and materials, it is likely that the 16-inch SRTT will
not perform identically to the 14-inch SRTT. Therefore, NHTSA, in
cooperation with Transport Canada, Natural Resources Canada,
representatives of ASTM committees F09 on tires and E17 on vehicle-
pavement systems, the U.S. Tire Manufacturers Association (including
Michelin, currently the sole manufacturer of SRTTs), and the Rubber
Association of Canada, conducted testing to determine the consequences
of replacing the 14-inch SRTT with the 16-inch SRTT. The results of the
testing by these entities, in addition to NHTSA's own testing,
substantially contributed to the August 2021 proposal to replace the
14-inch SRTT with the 16-inch SRTT.\8\
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\8\ See Docket No. NHTSA-2020-0067-0002.
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B. Surface Friction Determination
NHTSA first incorporated the 14-inch SRTT into the Federal Motor
Vehicle Safety Standards (FMVSSs) in a 1995 rule adopting FMVSS No.
135, the light vehicle braking standard. The SRTT is used to determine
the friction of the test surface using the 1990 version of the ASTM
E1337 test method. The ASTM E1337 test method involves mounting the
SRTT to a test trailer, bringing the trailer to a test speed of 40 mph
(64 km/h), and applying the brake to produce the maximum braking force
prior to wheel lockup.
When NHTSA was informed that production of the 14-inch SRTT was to
be discontinued, NHTSA evaluated the 16-inch SRTT to determine whether
it would be a suitable replacement. NHTSA carefully considered the
effect of the 16-inch SRTT on the determination of peak friction
coefficient (PFC).\9\ NHTSA was concerned, and subsequent testing
verified, that the use of the 16-inch SRTT without further changes to
the FMVSSs would increase the stringency of the braking and ESC FMVSSs.
The reason for this was that the different materials used in the 16-
inch SRTT and the increased size of the tire would result in the 16-
inch SRTT having better traction performance than the 14-inch SRTT. If
the 16-inch SRTT has improved traction performance relative to the 14-
inch SRTT, then the same surface would have a higher PFC when tested
with the 16-inch SRTT. Alternatively stated, obtaining an identical PFC
value using the 16-inch SRTT would require a road surface with lower
friction. Testing braking systems using stopping distance on road
surfaces with lower friction would require improved braking performance
to stop in the same distance, which is not an outcome intended by this
rulemaking. Consequently, NHTSA sought a conversion factor to evaluate
PFC of a test surface using the 16-inch SRTT without altering the
severity of any braking or ESC FMVSSs.
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\9\ PFC is also sometimes referred to as peak braking
coefficient or PBC.
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ASTM developed a formula to correlate PFC determinations using the
14-inch and 16-inch SRTTs. NHTSA also commissioned confirmatory testing
with its contactor, Transportation Test Center Inc. (TRC), which
further verified the conversion formula used in the 2019 version of
ASTM E1337.\10\ This formula was included in a 2019 update to ASTM
E1337. In the NPRM, NHTSA proposed to replace the 1990 version of ASTM
E1337 currently incorporated by reference with the 2019 version.
Furthermore, NHTSA used the formula in the 2019 version of E1337 to
derive new PFC values for all FMVSSs when evaluated using the 16-inch
SRTT. Those values are listed in Table 1 below.\11\
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\10\ See Docket No. NHTSA-2020-0067-0002.
\11\ Each value derived using the formula was rounded to the
hundredths position, rounding up if necessary. This ensures that the
updated FMVSS test surface PFC specification will be no more
stringent than it is now, consistent with NHTSA's intent in this
rulemaking.
Table 1--PFC Conversion Values; From 14-Inch to 16-Inch SRTT
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New PFC value
FMVSS section PFC value using using 16-inch
14-inch SRTT SRTT
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FMVSS No. 105 S6.9.2(a) (high 0.9 1.02
friction testing)..................
FMVSS No. 105 S6.9.2(b) (low 0.5 0.55
friction testing)..................
FMVSS No. 121 S5.3.1.1, S5.7.1, 0.9 1.02
S6.1.7 (high friction testing) \12\
FMVSS No. 121 S5.3.6.1, S6.1.7 (low 0.5 0.55
friction testing)..................
FMVSS No. 122 S6.1.1.1 (high 0.9 1.02
friction testing)..................
FMVSS No. 122 S6.1.1.2 (low friction <=0.45 <=0.50
testing)...........................
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FMVSS No. 122 S6.9.7.1.............. >=0.8 >=0.90
FMVSS No. 126 S6.2.2................ 0.9 1.02
FMVSS No. 135 S6.2.1, S7.4.3, 0.9 1.02
S7.5.2, S7.6.2, S7.7.3, S7.8.2,
S7.9.2, S7.10.3, S7.11.3...........
FMVSS No. 136....................... 0.9 1.02
FMVSS No. 500 \13\.................. 0.9 1.02
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C. Snow Tire Definition
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\12\ NHTSA is also revising Tables I, II, and IIA in FMVSS No.
121 to eliminate the redundant references to PFC values in those
tables. In place of PFC values, NHTSA is including in Table I
(Stopping Sequence) references to the sections in which the various
procedures are set forth, which is a more helpful reference.
\13\ Although FMVSS No. 500 specifies a PFC value for the test
surface, the test surface is only used to verify the vehicle's
maximum speed.
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Presently, for a manufacturer to designate a tire as a ``snow
tire,'' the tire must attain a traction index equal to or greater than
110 compared to the 14-inch SRTT when tested using the snow traction
test in the 2000 version of ASTM F1805. The ASTM F09 committee on tires
commissioned a study to determine the feasibility of replacing the 14-
inch SRTT with the 16-inch SRTT in the determination of whether a tire
meets the definition of ``snow tire.'' This study was funded by the
United States Tire Manufacturers Association (USTMA). ASTM has
published a technical report documenting this work.\14\ ASTM determined
that a correlation factor of 0.9876 was appropriate, meaning that a
tire that attained a rating of 110 when tested using the 14-inch SRTT
correlated to a rating of 111.4 or 111.5 when tested using the 16-inch
SRTT, depending on the number of significant digits considered. Recent
guidance issued by the USTMA, a trade association consisting of
companies that manufacture tires in the United States, recommends a
minimum traction index of 112 using the 16-inch SRTT.\15\ Accordingly,
NHTSA proposed to amend the definition of ``snow tire'' in FMVSS No.
139 to specify that a snow tire is a tire that attains a traction index
of 112 when tested using the updated F1895 test method using the 16-
inch SRTT, consistent with USTMA's guidance.
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\14\ Available at https://www.astm.org/COMMIT/2019_04_10_E1136%20to%20F2493%20transition%20for%20ASTMF1805.pdf
(last accessed April 13, 2021).
\15\ See https://www.ustires.org/sites/default/files/USTMA_TISB_37_0.pdf (last accessed April 13, 2021).
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Furthermore, after reviewing this information from the USTMA, NHTSA
determined that additional clarification was necessary to the
definition of a ``snow tire'' in FMVSS No. 139. The 2020 version of
ASTM F1805 defines the standard test procedure for measuring traction
on ``snow'' and ``ice'' surfaces. However, there are multiple surface
types in both the ``snow'' and ``ice'' categories. They include soft
pack (new) snow, medium pack snow, medium hard pack snow, hard pack
snow, ice--wet, and ice--dry.\16\ The definition of ``snow tire'' in
FMVSS No. 139 does not specify the surface type specified within ASTM
F1805 for testing.
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\16\ The surface types are defined in the text of ASTM F1805.
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NHTSA stated that the ``medium pack snow'' condition was intended
for use by manufacturers for marketing tires as ``snow tires.''
Accordingly, NHTSA proposed to specify that the traction index is
obtained using the ``medium pack snow '' surface and further proposed
updating the incorporation by reference of ASTM F1805 to the 2020
version.
D. Proposed UTQGS Amendments
In anticipation of Michelin's decision to cease production of the
14-inch SRTT, NHTSA began including testing of the 16-inch SRTT as part
of its BCWR determination. Since the second quarter of 2016, NHTSA has
been duplicating BCWR testing using both the 14-inch SRTT and the 16-
inch SRTT. NHTSA considered several options for updating the UTQGS
regulations to account for the 16-inch SRTT. As of publication of the
NPRM, NHTSA had acquired 17 consecutive quarters of side-by-side
testing of the 14-inch and 16-inch SRTTs on the treadwear course and
published BCWR data for that period.\17\ NHTSA requested comments on
how the new conversion factor should be selected from among the
available quarters of data. For the NPRM, NHTSA used the average of all
17 quarters of data to adjust the formula for severity adjustment
factor using the BCWR.
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\17\ See Docket No. NHTSA-2020-0067-0011.
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NHTSA also proposed a modification to language in the treadwear
test procedure in Sec. 575.104 to reference the total distance and
schedule of events in terms of circuits completed rather than mileage.
This proposed change was intended to allow testing to be more flexible
in the event of route changes or other unforeseen circumstances.
Finally, NHTSA proposed changes lengthening the amount of time a
CMT may be used after removal from storage. Currently, a CMT must be no
more than one year old at the commencement of testing and that it must
be used within two months after removal from storage. Because NHTSA
lacks facilities to store tires in a climate-controlled environment at
its testing facility in San Angelo, Texas, NHTSA only purchases CMTs on
a quarterly basis depending on funding availability and conducts BCWR
testing as soon as feasible after receiving a shipment of CMTs. Lack of
funding sometimes requires NHTSA to delay CMT purchases, and sometimes
when NHTSA purchases CMTs, supplies may be limited. NHTSA proposed
lengthening the amount of time a tire may be removed from storage to
four months. Further, NHTSA also requested comment on whether the word
``storage'' was sufficiently well defined and, if not, how NHTSA could
define ``storage'' more clearly to ensure tires are stored in such a
way that would minimize testing variability without providing
inflexible limitations on NHTSA's use of the SRTT.
E. Proposed Effective Dates
For the changes to the UTQGS, NHTSA stated that it expected to make
any changes effective at the next BCWR determination at least 30 days
after the date of publication of a final rule. NHTSA did not believe
any further lead time is necessary for the following reasons. First,
because NHTSA is using a conversion factor to keep the rating scale
used with the 14-inch SRTT and 16-inch SRTT similar, ratings of a
particular line of tires should not be affected by the proposed rule.
Second, tire lines rated prior to the effective date of the changes
would not be required to be rerated. Third, limited availability of the
14-inch SRTT could make it difficult
[[Page 34803]]
for NHTSA to continue to obtain 14-inch SRTTs in its BCWR
determinations.
For FMVSS changes, NHTSA proposed a lead time of six months. NHTSA
determined that six months was sufficient to give compliance test
facilities sufficient time to obtain and validate test surfaces using
the 16-inch SRTT. Although NHTSA has determined an equivalent level of
surface friction when evaluating PFC with the 16-inch SRTT in place of
the 14-inch SRTT, NHTSA anticipates requiring test facilities
conducting NHTSA's compliance tests to revalidate test surfaces using
the 16-inch SRTT, to ensure that testing is being done in accordance
with the procedures in the FMVSS. However, NHTSA observed that
potential unavailability of the 14-inch SRTT may constitute good cause
for NHTSA to impose a shorter lead time in a final rule resulting from
the proposal.
III. Summary of Comments and NHTSA's Response
NHTSA received five comments on the August 2021 NPRM from, the
Japan Automobile Tyre Manufacturers Association (JATMA), Michelin North
America, Inc. (Michelin), the U.S. Tire Manufacturers Association
(USTMA),\18\ Phillip Donovan, and the Alliance for Automotive
Innovation (Alliance).\19\ Both JATMA and Michelin supported the
comments filed by USTMA. JATMA had no further comment other than to
encourage NHTSA to expedite publication of a final rule because no 14-
inch SRTTs were available for tire manufacturers to purchase. USTMA and
Michelin also encouraged NHTSA to expedite publication of the final
rule.
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\18\ USTMA is a trade association representing tire
manufacturers that produce tires in the United States. Michelin is
part of USTMA, but also submitted comments separately.
\19\ The Alliance is a trade association including manufacturers
of nearly all passenger cars and light trucks sold in the United
States.
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A. Revision Date of ASTM F2493
USTMA and Michelin recommended that all references to ASTM F2493
(the specifications for the 16-inch SRTT) refer to the standard without
a revision date. As an example, USTMA cites a recent amendment to the
Canadian Motor Vehicle Tire Safety Regulations, in which the snow tire
definition references an SRTT that ``meets the requirements of any
version of ASTM F2493.'' \20\ Similarly, UNECE Regulation No. 117 and
Global Technical Regulation No. 20 reference ASTM F2493 without regard
to version.
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\20\ Regulations Amending Certain Regulations Made Under the
Motor Vehicle Safety Act, SOR/2021-83 (Can.).
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The incorporation by reference of ASTM F2493 without regard to date
in Canadian and UNECE regulations makes it easier for governments to
update their rules in the event future changes to ASTM F2493 are
warranted. In light of the comments and the benefit to NHTSA of not
having to conduct rulemaking to keep references to the ASTM F2493 up-
to-date, NHTSA has considered whether the incorporation by reference of
the specifications for the SRTT is necessary.
As required by 5 U.S.C. 552(a)(1), NHTSA must publish the text of
its rules and any amendment, revision, or repeal thereto in the Federal
Register. The only exception to this requirement is that matter
reasonably available that cannot be published in the Federal Register
may be deemed published when incorporated by reference therein with the
approval of the Director of the Federal Register. In 1 CFR 51.1(f), the
regulations setting forth the policy followed by the Director of the
Federal Register in approving incorporations by reference, an
incorporation by reference of a publication is limited to the edition
of the publication that is approved. Further, that regulation provides
that future amendments or revisions to a publication are not included
in an incorporation by reference. Therefore, while NHTSA may
incorporate the most current and prior versions of ASTM F2493 into the
CFR, the Director of the Federal Register will not approve
incorporation by reference of ASTM F2493 without reference to version
or in any other way that would include future versions.
NHTSA, with assistance from the Office of the Federal Register, has
considered these provisions and the manner in which ASTM F2493 is
referenced in the proposed rule and in this final rule. Because no
requirements, procedures, or anything else within the text of ASTM
F2493 are referenced in this final rule, incorporation by reference is
unnecessary. In order to obtain a tire manufactured to the
specifications of ASTM F2493, an entity would not need reference to the
specific requirements of the standard. The entity would only need to
contact the manufacturer of the tire.
Having determined that incorporation by reference is not necessary,
NHTSA agrees with the commenters that it would be preferable to refer
to ASTM F2493 without regard to version number. Because the SRTT is a
reference tire that is designed to have a specific level of
performance, NHTSA would not expect that any subsequent revision of
ASTM F2493 to have a consequential effect on the performance of the
SRTT. Further, regardless of any particular version of ASTM F2493 that
might be referenced in NHTSA's regulations, it is likely that any tire
available for purchase and used by NHTSA will be manufactured according
to the most recent or immediate prior version of ASTM F2493, given that
the tire is manufactured in small batches.
Accordingly, NHTSA is not incorporating ASTM F2493-19 by reference
as proposed in the NRPM, and is instead referring to ASTM F2493 without
reference to version number.
B. Maximum Age and Storage Requirements for NHTSA's SRTT Use
In the August 2021 NPRM, NHTSA proposed lengthening, from two
months to four months, the maximum time an SRTT may be removed from
storage prior to use as part of a BCWR determination. USTMA and
Michelin opposed lengthening the amount of time tires may be removed
from storage prior to use in UTQGS testing from two to four months.
Michelin stated that environmental exposure affects tire properties and
could impact the published BCWR compared to what has been done in the
past. USTMA suggested it was open to further discussions on this issue
and that it be severed from the proposal to be addressed in a potential
separate rulemaking. Both USTMA and Michelin referenced a 2000
rulemaking where NHTSA noted that tires removed from storage degrade at
the rate of approximately 10 percent per year, while tires stored
outside of prescribed storage conditions degrade at a rate of no more
than 5 percent per year.
This final rule contains no changes in response to these comments.
While NHTSA appreciates Michelin's commitment to managing supply of the
16-inch SRTT, there are factors outside of Michelin's management of
tire supply that affect when NHTSA can test a tire. After a tire is
removed from storage, it must be shipped to NHTSA. NHTSA must then
prepare the tires for testing and negotiate with the treadwear testing
contractor the start date for the vehicle convoys that run the 16
circuits of the UTQGS treadwear course as part of the BCWR
determination. Any of the steps between the shipment of tires and the
initiation of the convoy may be impacted by weather conditions,
scheduling conflicts, and operational limitations. USTMA and Michelin
both referenced a 2000 rulemaking in which the requirement that NHTSA
use tires within two months after removal from
[[Page 34804]]
storage was first adopted.\21\ In that rulemaking, Uniroyal cited a
NHTSA study \22\ that found an aging effect of approximately 5 percent
per year for tires in storage and about 10 percent per year for tires
not in storage. NHTSA found that one year of aging could result in tire
degradation of up to 5 percent, which NHTSA deemed to be acceptable as
the best available compromise within the economic constraints of the
supply of SRTTs, given that SRTTs had limited production runs.
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\21\ 65 FR 33,481 (May 24, 2000).
\22\ See Texas Test Fleet, Critical Evaluation of UTQG Treadwear
Testing & Methodology, DOT HS 808-701, March 10, 1997.
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Although NHTSA's storage facilities do not meet the exact storage
specifications in F2493, the facilities are kept climate controlled at
all times, tires are not stored near ozone-generating equipment or
sources of ultraviolet radiation, and tires are stored on racks rather
than stacked. NHTSA believes that its efforts reduce any potential test
variability that might result from environmental exposure. NHTSA is
also committed to using SRTTs as soon as reasonably practicable. NHTSA
believes that these factors mitigate any additional tire degradation
resulting from lengthening the amount of time a tire may be used after
removal from storage from two months to four months. NHTSA believes
that Michelin's commitment to a timely supply of tires and the storage
conditions at NHTSA's facility will ensure that the total tire
degradation will not be significantly more than the 5 percent that
NHTSA deemed acceptable in the 2000 rulemaking.
USTMA and Michelin also recommended that NHTSA define the term
``storage'' in its regulations according to the guidelines in ASTM
F2493. These specifications include constant relative humidity,
temperature greater than freezing but that does not exceed 70 [deg]F
(21 [deg]C), ozone levels that do not exceed 5 parts/10.\8\ The
requirements further specify that tires not be stored within 30 ft (9.1
m) of electrical motors or other ozone-generating equipment, be stored
in subdued light, and that tires be stacked unbundled no more than
eight tires high on a pallet.
Upon consideration of the comments, NHTSA has determined that it is
not necessary to include a definition of the term ``storage'' in its
regulations. NHTSA assumes, based on Michelin's comment favoring the
use of a definition of ``storage'' from ASTM F2493, that Michelin is
storing SRTTs that it manufactures in accordance with the guidelines in
ASTM F2493 prior to sale. Because F2493 contains specifications for
storage, NHTSA has determined that there is no need to further define
the term ``storage'' in its regulations.
Phillip Donovan's comments also addressed the age requirements used
for testing. The commenter noted that, while the restriction that an
SRTT be less than one year old and be used within two (or four as
proposed) months of removal from storage was workable for an agency
conducting year-round testing, for entities using tires sporadically,
those restrictions could result in disposal of tires prematurely
leading to excess waste and expense. The commenter suggested that NHTSA
could use a hardness test to determine if the tire rubber was still
within the specification for testing, such as one referenced in ASTM
E1136.
In response, NHTSA first observes that the existing requirement
that an SRTT be less than one year old and that it be used within two
months of removal of storage applies only to NHTSA's use of SRTT as
CMTs as part of a test convoy in determining BCWR ratings for testing
tires to verify a tire's treadwear ratings are compliant with the UTQG
regulations. That requirement does not apply to PFC determinations for
test surfaces used for testing compliance with braking and ESC FMVSSs.
The commenter appeared to be focusing on those PFC determinations.
However, even if the comment is intended to address use of the SRTT as
the CMT as part of the UTQG treadwear testing, NHTSA observes that the
restriction applies only to NHTSA's compliance testing. Tire
manufacturers may determine their tires' treadwear ratings using any
method they deem appropriate if those tires attain their ratings when
tested by NHTSA on the San Angelo, Texas course using the procedures
specified in 49 CFR 575.104.
As for the suggestion that NHTSA adopt a hardness specification for
determining whether tires are appropriate for testing, although the
commenter references E1136 for a hardness testing, the F2493
specification for the 16-inch SRTT also contains hardness
specification. NHTSA understands that those hardness specifications are
part of determining whether a tire is compliant with the F2493
specification. NHTSA does not believe that the tire needs to be
retested prior to use to ensure that it remains within the F2493
specification. Rather (and as discussed in more detail in response to
Michelin's and USTMA's comments regarding the lengthening of time a
tire may be removed from storage prior to use), NHTSA believes that the
variability associated with the degradation of tires resulting from the
specified maximum period of time to use a tire since the tire after its
manufacture and removal from storage and the conditions in which they
were stored. Accordingly, NHTSA has not made any changes to the
proposal based on this comment.
C. Other Issues
Several of USTMA and Michelin's comments agreed with NHTSA's
approach to issues raised in the NPRM. For example, USTMA and Michelin
agreed that ASTM F1805-20 should be used for the snow tire definition
and agreed with the requirement that a tire attain a traction index of
equal to or greater than 112 to be considered a snow tire. USTMA and
Michelin also agreed with the use of the ``medium pack snow'' surface
condition in ASTM F1805. Michelin agreed with using all 17 quarters of
available UTQGS test data. Michelin also agreed with the proposed UTQGS
conversion factor of 1.324. USTMA and Michelin further agreed with
referencing the total distance in terms of circuits rather than the
estimated 400 miles per circuit.
USTMA and Michelin agreed that ASTM E1337-19 should be used for
surface friction measurement, including its correlation equations
between 14-inch and 16-inch SRTTs. Further, Michelin also agreed with
the PFC values derived from the equation in ASTM E1337-19 in the NPRM.
NHTSA has considered these comments and is including these aspects
of the proposal in this final rule as they were proposed.
Commenters also pointed out typographical errors in the NPRM. For
example, regarding the UTQGS, USTMA and Michelin requested that NHTSA
confirm that 17 quarters of data were used for comparison as referenced
in Table 1 of the NPRM, rather than 14 quarters of data as stated in
the preamble text. NHTSA can confirm this was an error in the preamble
text and that 17 consecutive quarters of data were used in
determination of the conversion factor. Furthermore, an example
calculation in the text referred only to the first 14 quarters of data.
The actual conversion factor was calculated using all 17 quarters of
data, as Michelin states. In addition, as noted by USTMA, NHTSA
inadvertently referred to the ASTM F1805 as ``F1895.''
D. Effective Date
Due to the unavailability of the 14-inch SRTT, USTMA and Michelin
agreed with the NPRM to make the changes to UTQGS effective at the next
[[Page 34805]]
BCWR determination 30 days after publication of a final rule.
Therefore, in light of the current unavailability of the 14-inch SRTT,
NHTSA is making the UTQGS amendments effective 30 days after
publication of this final rule as proposed. The effect of this is that
the next BCWR determination made 30 days after publication of this
final rule will use the 16-inch SRTT and will be calculated based on
NHTSA's BCWR determinations using the 16-inch SRTT.
With respect to the FMVSS amendments, USTMA deferred to vehicle
manufacturers on the appropriateness of lead time. Michelin recommended
that NHTSA shorten the lead time to substantially less than 180 days.
In contrast, the Alliance requested one year of lead time to prepare
for the FMVSS amendments rather than the 180 days proposed in the
August 2021 NPRM, with optional early compliance allowed. The Alliance
reasoned that this would ensure that manufacturers have sufficient time
to transition to the 16-inch SRTT and minimize any unnecessary waste of
existing 14-inch SRTT stock. The Alliance also stated that NHTSA would
not be prohibited from stockpiling 14-inch SRTTs to provide this
additional lead time. The Alliance also requested that ``NHTSA not
require additional certification testing for carryover vehicle models
that may have been certified using the 14-inch SRTT.''
NHTSA has considered these comments carefully and has concluded
that a shorter lead time than proposed in the NPRM is necessary for the
amendments to the FMVSS. This conclusion is primarily based on the
unavailability of the 14-inch SRTT for purchase, as stated by Michelin.
While NHTSA has considered the issues with a shorter lead time raised
by the Alliance, NHTSA does not believe any of those issues would make
a shorter lead time impracticable or difficult.
As discussed in the NPRM, the intention of this amendment is not to
change the severity of any FMVSS. Accordingly, the new PFC values in
the FMVSSs associated with the use of the 16-inch SRTT are based on an
equivalence formula in ASTM E1337-19. Because the severity of the
FMVSSs is not being changed, NHTSA does not believe that any vehicle
certifications would be affected by the use of the 16-inch SRTT.
Relevant to the Alliance's request that NHTSA not require
additional certification testing for vehicle models that may have been
certified using the 14-inch SRTT, NHTSA does not specify how
manufacturers certify their vehicles as compliant, nor does NHTSA opine
on whether and what testing is sufficient for certification outside of
a specific enforcement action. However, as stated in both the August
2021 NPRM and in this final rule, NHTSA believes that the PFC values
specified for the 14-inch SRTT currently in the FMVSSs are equivalent
to those in this final rule using the 16-inch SRTT. Therefore, NHTSA
does not anticipate that manufacturers would incur any burden
associated with certifying vehicle models that may have been certified
based on the use of the 14-inch SRTT.
Finally, as for the suggestion that NHTSA allow optional early
compliance rather than a shorter lead time, optional early compliance
is not suitable for this rulemaking. The 14-inch SRTT is no longer
manufactured and no entity, including NHTSA or vehicle manufacturers,
are able to purchase new tires to validate its test surfaces using a
14-inch SRTT. Thus, NHTSA cannot continue validating test surfaces with
a 14-inch SRTT and must begin using the 16-inch SRTT. However, this
final rule does not require manufacturers to use the 16-inch SRTT in
their testing and certification programs. They may continue to use the
14-inch SRTT in their own testing if they have tires available to them.
However, they must ensure that the tires will meet all applicable
requirements when tested by NHTSA in a compliance test program that
uses the 16-inch SRTT.
Therefore, with respect to the FMVSS amendments, NHTSA finds that
the present unavailability of the 14-inch SRTT requires that the 180-
day lead time proposed in the NPRM be shortened. NHTSA has determined
that a 30-day lead time is appropriate for changes to the FMVSS to
enable the agency's use of the 16-inch SRTT. NHTSA emphasizes, however,
that its data and analyses indicate that the change to the new SRTT
will have no substantive effect on compliance with the present FMVSS
and UTQGS requirements, so the shortened lead time is anticipated to be
inconsequential.
IV. Conclusion
For the reasons discussed in the August 2021 NPRM and in this final
rule, NHTSA is updating references to the SRTT from the 14-inch SRTT to
the 16-inch SRTT as proposed in the August 2021 NPRM except that NHTSA
is incorporating by reference the 2020 version of the 16-inch SRTT
specification rather than the 2019 version referenced in the NPRM. This
final rule will be effective 30 days after the date of publication in
the Federal Register.
V. Regulatory Analyses
A. Executive Order 12866, Executive Order 13563, and DOT Rulemaking
Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the Department of
Transportation's administrative rulemaking procedures. This rulemaking
is not considered significant and was not reviewed by the Office of
Management and Budget under E.O. 12866, ``Regulatory Planning and
Review.''
This final rule updates the standard reference test tire used as a
baseline tire for consumer information testing, in the determination of
what is a snow tire, and to evaluate testing surface friction for
evaluating braking and electronic stability control performance. This
final rule will not have a direct effect on safety because the changes
proposed in this rule are designed to maintain the present level of
stringency of NHTSA's braking and electronic stability control FMVSSs.
However, if the 14-inch SRTT is discontinued without a replacement,
NHTSA would be unable to verify test surface friction coefficient prior
to compliance testing for braking and electronic stability control
system FMVSSs. Thus, this rulemaking indirectly affects safety by
ensuring that NHTSA would be able to perform compliance tests of those
FMVSSs. Also, if this rule were not adopted, it would be impossible for
NHTSA to continue maintaining the BCWR for treadwear testing. This
unavailability of an SRTT would lead to tire manufacturers being unable
to rate their tires for treadwear under the UTQGS and mold those
ratings onto the side of the tire as required by 49 CFR part 575.
This rule is expected to result in additional costs to NHTSA
because the 16-inch SRTT has a retail price that is $35 per tire more
than the 14-inch SRTT ($335 vs. $300).\23\ NHTSA purchases 64 SRTTs for
its own use annually in determining BCWR. Therefore, based on the cost
difference of $35 per tire, NHTSA expects that this rule could result
in up to $2,240 additional annual costs to the government. However,
NHTSA has been using the 14-inch SRTT and 16-inch SRTT side-by-side
since 2016 for its quarterly BCWR
[[Page 34806]]
determination. With side-by-side testing no longer necessary, NHTSA
would likely purchase fewer SRTTs than it has in the past several
years.
---------------------------------------------------------------------------
\23\ Data on the price of the SRTT was obtained from
instructions on how to purchase SRTTs from Michelin. See https://www.astm.org/COMMIT/2011%2011%2008%20E1136%20F2493%20SRTT%20Purchase%20Procedure.pdf
(last accessed April 13, 2021).
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As to potential costs to the public, based upon information
provided to NHTSA by Michelin from 2017 and 2018, annual U.S. sales of
14-inch SRTTs is fewer than 2,000 units. If NHTSA assumes that U.S.
sales of 16-inch SRTTs is comparable to sales of 14-inch SRTTs, the
annual cost of this rule would be less than $70,000. However, NHTSA
does not know how many sales are a consequence of the SRTT being used
as part of NHTSA's compliance test procedures, versus those sold for
other purposes (e.g., SRTTs sold to assess the performance of tires to
some other country's regulations or to voluntary industry standards).
Any SRTT sales that are not related to compliance with NHTSA's
regulations would not be affected by this rule and the existence of
such sales would mean this rule would be less costly than the maximum
estimate of $70,000 per year. Moreover, NHTSA does not have any direct
knowledge of whether regulated entities have been conducting side-by-
side testing using both the 14-inch SRTT and 16-inch SRTTs like NHTSA
has and whether side-by-side testing has artificially increased sales
in 2017 and 2018.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). However, no
regulatory flexibility analysis is required if the head of an agency
certifies the rule would 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 would not have a
significant economic impact on a substantial number of small entities.
NHTSA has considered the effects of this rule under the Regulatory
Flexibility Act. I certify that this rule will not have a significant
economic impact on a substantial number of small entities. This rule
will directly impact the government, as it affects the test procedures
NHTSA uses in its FMVSSs and regulations that reference tire
performance. It affects manufacturers of tires and of motor vehicles
only to the extent those manufacturers choose to test their products in
the manner NHTSA would test them. They are not required to use the test
procedures NHTSA uses.
Although some entities producing tires or vehicles that would be
tested by NHTSA are considered small businesses, this rule will not
have a significant economic impact on those manufacturers. First, the
small manufacturers are not required to use the SRTT in certifying
their products. Second, for manufacturers choosing to use the 16-inch
SRTT to test their products, this rule would result in a cost increase
of only $35 per tire to entities currently purchasing the 14-inch SRTT
to assess their products. NHTSA does not believe that this cost
increase is significant. Finally, for the changes to the UTQGS, because
NHTSA is using a conversion factor to keep the rating scale used with
the 14-inch SRTT and 16-inch SRTT identical, ratings of a particular
line of tires should not be affected by this rule. For FMVSS changes,
NHTSA has determined an equivalent level of surface friction when
evaluating PFC with the 16-inch SRTT in place of the 14-inch SRTT, so
the change to the standard reference test tire should not change the
performance of current tires or vehicles.
C. Executive Order 13132 (Federalism)
NHTSA has examined this rule pursuant to Executive Order 13132 (64
FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The rule will 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 preempt 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 by Congress that preempts any
non-identical State legislative and administrative law addressing the
same aspect of performance.
The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of such State common law tort causes of action by virtue of
NHTSA's rules, even if not expressly preempted. This second way that
NHTSA rules can preempt is dependent upon there being an actual
conflict between an FMVSS and the higher standard that would
effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
Pursuant to Executive Orders 13132 and 12988, NHTSA has considered
whether this rule could or should preempt State common law causes of
action. The agency's ability to announce its conclusion regarding the
preemptive effect of one of its rules reduces the likelihood that
preemption will be an issue in any subsequent tort litigation.
To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of this rule and
finds that the
[[Page 34807]]
rule affects only minimum safety standards (and only insofar as how
NHTSA would conduct compliance testing under those standards). As such,
NHTSA does not intend that this rule preempt State tort law that would
effectively impose a higher standard on motor vehicle manufacturers
than that established by the affected FMVSSs. Establishment of a higher
standard by means of State tort law would not conflict with the minimum
standards affected by this rule. Without any conflict, there could not
be any implied preemption of a State common law tort cause of action.
Aspects of this rule will amend 49 CFR part 575, which is not a safety
standard but an information program to assist consumers in making
informed decisions when purchasing tires. The 14-inch SRTT is used as
part of the determination of a tire's treadwear rating. This rule will
not impose any requirements on anyone.
D. Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) 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. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.
E. Protection of Children From Environmental Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental,
health, or safety risk that the agency has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the agency.
This rule is not economically significant under E.O. 12866.
Further, it is part of a rulemaking that is not expected to have a
disproportionate health or safety impact on children. Consequently, no
further analysis is required under Executive Order 13045.
F. 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 Office of Management and Budget
(OMB) control number. There is not any information collection
requirement associated with this rule.
G. Incorporation by Reference
Under regulations issued by the Office of the Federal Register (1
CFR 51.5), an agency, as part of a rule that includes material
incorporated by reference, must summarize material that is incorporated
by reference and must discuss the ways the material incorporated by
reference is reasonably available to interested parties or how the
agency worked to make materials available to interested parties.
As discussed earlier in this document, the ASTM F2493-specified
tire is a standard reference test tire that is not used for general
use, but, as its name suggests, is used for testing. The ASTM F2493
standard reference test tire is primarily used for evaluating surface
friction (traction). The standard reference test tire specifications
include, among other things, size, design, construction, and materials
requirements. Although NHTSA proposed incorporating ASTM F2493-19 by
reference in the proposed rule, after consideration of public comments,
NHTSA has decided it is permissible and preferable not to incorporate
by reference ASTM F2493, and to refer to it without regard to version
number.
This rule updates an existing incorporation by reference of ASTM
E1337, ``Standard Test Method for Determining Longitudinal Peak Braking
Coefficient (PBC) of Paved Surfaces Using Standard Reference Test
Tire.'' ASTM E1337 is a standard test method for evaluating peak
braking coefficient of a test surface using a standard reference test
tire using a trailer towed by a vehicle. NHTSA uses this method to
evaluate test surfaces for conducting compliance test procedures for
its braking and electronic stability control standards. The 2019
version of ASTM E1337 specifies that the test may be conducted using
the 16-inch SRTT and includes correlation data for converting testing
using the 14-inch SRTT to the 16-inch SRTT and vice versa.
This rule also updates an existing incorporation by reference of
ASTM F1805, ``Standard Test Method for Single Wheel Driving Traction in
a Straight Line on Snow- and Ice-Covered Surfaces.'' ASTM F1805 is a
test method for measuring the traction of tires on snow- or ice-covered
surfaces using an instrumented four-wheel drive vehicle with a single
test wheel capable of measure tire performance. NHTSA uses ASTM F1805
as part of its criteria for determining whether a tire may be
considered a ``snow tire'' under its light vehicle tire standards. The
2020 version of F1805 specifies that the test may be conducted using
the 16-inch SRTT and includes correlation data for converting testing
using the 14-inch SRTT to the 16-inch SRTT and vice versa.
The ASTM standards incorporated by reference in this final rule are
available for review at NHTSA's headquarters in Washington, DC, and for
purchase from ASTM International. The ASTM standards that are replaced
by this final rule are presently available for review at NHTSA or at
ASTM's online reading room.\24\ Once this final rule becomes effective,
NHTSA anticipates that ASTM will update its reading room to include
these standards.
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\24\ https://www.astm.org/READINGLIBRARY/.
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H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
[[Page 34808]]
Examples of organizations generally regarded as voluntary consensus
standards bodies include ASTM International, the Society of Automotive
Engineers (SAE), and the American National Standards Institute (ANSI).
If NHTSA does not use available and potentially applicable voluntary
consensus standards, we are required by the Act to provide Congress,
through OMB, an explanation of the reasons for not using such
standards.
As discussed above, the standard reference test tire, the test
method for determining surface friction, and the test method for
determining whether a tire is a snow tire are based on specifications
published by ASTM. Thus, this rulemaking accords with the requirements
of the NTTAA.
I. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with base year of
1995). Before promulgating a NHTSA rule for which a written statement
is needed, section 205 of the UMRA generally requires the agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows the agency to adopt an alternative
other than the least costly, most cost-effective, or least burdensome
alternative if the agency publishes with the final rule an explanation
of why that alternative was not adopted.
This rule will not result in any expenditure by State, local, or
tribal governments or the private sector of more than $100 million,
adjusted for inflation.
J. 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.
K. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
List of Subjects
49 CFR Part 571
Imports, Incorporation by reference, Motor vehicle safety,
Reporting and recordkeeping requirements, Tires.
49 CFR Part 575
Consumer protection, Incorporation by reference, Motor vehicle
safety, Reporting and recordkeeping requirements, Tires.
In consideration of the foregoing, NHTSA amends 49 CFR parts 571
and 575 as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.
0
2. Amend Sec. 571.5 by:
0
a. Revising paragraph (a);
0
b. Removing and reserving paragraph (d)(33); and
0
c. Revising paragraphs (d)(34) and (35).
The revisions read as follows:
Sec. 571.5 Matter incorporated by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the National Highway Traffic
Safety Administration (NHTSA) must publish a document in the Federal
Register and the material must be available to the public. All approved
material is available for inspection at NHTSA and at the National
Archives and Records Administration (NARA). Contact NHTSA at: NHTSA,
1200 New Jersey Avenue SE, Washington, DC 20590; Phone: (202) 366-2588;
website: https://www.nhtsa.gov/about-nhtsa/electronic-reading-room. For
information on the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
(d) * * *
(34) ASTM E1337-19, ``Standard Test Method for Determining
Longitudinal Peak Braking Coefficient (PBC) of Paved Surfaces Using
Standard Reference Test Tire,'' approved December 1, 2019, into
Sec. Sec. 571.105; 571.121; 571.122; 571.126; 571.135; 571.136;
571.500.
(35) ASTM F1805-20, ``Standard Test Method for Single Wheel Driving
Traction in a Straight Line on Snow- and Ice-Covered Surfaces,''
approved May 1, 2020; into Sec. 571.139.
* * * * *
0
3. Amend Sec. 571.105 by revising paragraphs S6.9.2(a) and (b) to read
as follows:
Sec. 571.105 Standard No. 105; Hydraulic and electric brake systems.
* * * * *
S6.9.2(a) For vehicles with a GVWR greater than 10,000 pounds, road
tests (excluding stability and control during braking tests) are
conducted on a 12-foot-wide, level roadway, having a peak friction
coefficient of 1.02 when measured using an ASTM F2493 standard
reference test tire, in accordance with ASTM E1337-19 (incorporated by
reference, see Sec. 571.5), at a speed of 40 mph, without water
delivery. Burnish stops are conducted on any surface. The parking brake
test surface is clean, dry, smooth, Portland cement concrete.
(b) For vehicles with a GVWR greater than 10,000 pounds, stability
and control during braking tests are conducted on a 500-foot-radius
curved roadway with a wet level surface having a peak friction
coefficient of 0.55 when measured on a straight or curved section of
the curved roadway using an ASTM F2493 standard reference tire, in
accordance with ASTM E1337-19 at a speed of 40 mph, with water
delivery.
* * * * *
0
4. Amend Sec. 571.121 by revising paragraphs S5.3.1.1 introductory
text, S5.3.6.1, S5.7.1, S6.1.7, Table I, Table II, and Table IIa to
read as follows:
Sec. 571.121 Standard No. 121; Air brake systems.
* * * * *
S5.3.1.1 Stop the vehicle from 60 mph on a surface with a peak
friction coefficient of 1.02 with the vehicle loaded as follows:
* * * * *
S5.3.6.1 Using a full-treadle brake application for the duration of
the stop, stop the vehicle from 30 mph or 75 percent of the maximum
drive-through speed, whichever is less, on a 500-foot radius curved
roadway with a wet level surface having a peak friction coefficient
[[Page 34809]]
of 0.55 when measured on a straight or curved section of the curved
roadway using an ASTM F2493 standard reference tire, in accordance with
ASTM E1337-19 (incorporated by reference, see Sec. 571.5), at a speed
of 40 mph, with water delivery.
* * * * *
S5.7.1 Emergency brake system performance. When stopped six times
for each combination of weight and speed specified in S5.3.1.1, except
for a loaded truck tractor with an unbraked control trailer, on a road
surface having a PFC of 1.02, with a single failure in the service
brake system of a part designed to contain compressed air or brake
fluid (except failure of a common valve, manifold, brake fluid housing,
or brake chamber housing), the vehicle shall stop at least once in not
more than the distance specified in Column 5 of Table II, measured from
the point at which movement of the service brake control begins, except
that a truck-tractor tested at its unloaded vehicle weight plus up to
1,500 pounds shall stop at least once in not more than the distance
specified in Column 6 of Table II. The stop shall be made without any
part of the vehicle leaving the roadway, and with unlimited wheel
lockup permitted at any speed.
* * * * *
S6.1.7 Unless otherwise specified, stopping tests are conducted on
a 12-foot wide level, straight roadway having a peak friction
coefficient of 1.02. For road tests in S5.3, the vehicle is aligned in
the center of the roadway at the beginning of a stop. Peak friction
coefficient is measured using an ASTM F2493 standard reference test
tire in accordance with ASTM E1337-19 (incorporated by reference, see
Sec. 571.5), at a speed of 40 mph, without water delivery for the
surface with PFC of 1.02, and with water delivery for the surface with
PFC of 0.55.
* * * * *
Table I--Stopping Sequence
------------------------------------------------------------------------
Single unit
Truck tractors trucks and
buses
------------------------------------------------------------------------
Burnish (S6.1.8)........................ 1 1
Stability and Control at GVWR (S5.3.6).. 2 N/A
Stability and Control at LLVW (S5.3.6).. 3 5
Manual Adjustment of Brakes............. 4 N/A
60 mph Service Brake Stops at GVWR 5 2
(S5.3.1)...............................
60 mph Emergency Service Brake Stops at N/A 3
GVWR (S5.7.1)..........................
Parking Brake Test at GVWR (S5.6)....... 6 4
Manual Adjustment of Brakes............. 7 6
60 mph Service Brake Stops at LLVW 8 7
(S5.3.1)...............................
60 mph Emergency Service Brake Stops at 9 8
LLVW (S5.7.1)..........................
Parking Brake Test at LLVW (S5.6)....... 10 9
Final Inspection........................ 11 10
------------------------------------------------------------------------
Table II--Stopping Distance in Feet
--------------------------------------------------------------------------------------------------------------------------------------------------------
Service brake Emergency brake
Vehicle speed in miles per hour -------------------------------------------------------------------------------------------------------
(1) (2) (3) (4) (5) (6) (7) (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
30.............................................. 70 78 65 78 84 61 170 186
35.............................................. 96 106 89 106 114 84 225 250
40.............................................. 125 138 114 138 149 108 288 325
45.............................................. 158 175 144 175 189 136 358 409
50.............................................. 195 216 176 216 233 166 435 504
55.............................................. 236 261 212 261 281 199 520 608
60.............................................. 280 310 250 310 335 235 613 720
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note:
(1) Loaded and Unloaded Buses.
(2) Loaded Single-Unit Trucks.
(3) Loaded Tractors with Two Axles; or with Three Axles and a GVWR of 70,000 lbs. or less; or with Four or More Axles and a GVWR of 85,000 lbs. or less.
Tested with an Unbraked Control Trailer.
(4) Loaded Tractors with Three Axles and a GVWR greater than 70,000 lbs.; or with Four or More Axles and a GVWR greater than 85,000 lbs. Tested with an
Unbraked Control Trailer.
(5) Unloaded Single-Unit Trucks.
(6) Unloaded Tractors (Bobtail).
(7) All Vehicles except Tractors, Loaded and Unloaded.
(8) Unloaded Tractors (Bobtail).
Table IIa--Stopping Distance in Feet: Optional Requirements for: (1) Three-Axle Tractors With a Front Axle That
Has a GAWR of 14,600 Pounds or Less, and With Two Rear Drive Axles That Have a Combined GAWR of 45,000 Pounds or
Less, Manufactured Before August 1, 2011; and (2) All Other Tractors Manufactured Before August 1, 2013
----------------------------------------------------------------------------------------------------------------
Service brake Emergency brake
Vehicle speed in miles per hour -----------------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
30................................ 70 78 84 89 170 186
35................................ 96 106 114 121 225 250
[[Page 34810]]
40................................ 125 138 149 158 288 325
45................................ 158 175 189 200 358 409
50................................ 195 216 233 247 435 504
55................................ 236 261 281 299 520 608
60................................ 280 310 335 355 613 720
----------------------------------------------------------------------------------------------------------------
Note: (1) Loaded and unloaded buses; (2) Loaded single unit trucks; (3) Unloaded truck tractors and single unit
trucks; (4) Loaded truck tractors tested with an unbraked control trailer; (5) All vehicles except truck
tractors; (6) Unloaded truck tractors.
* * * * *
0
5. Amend Sec. 571.122 by revising paragraphs S6.1.1.1, S6.1.1.2,
S6.1.1.3, and S6.9.7.1(a) to read as follows:
Sec. 571.122 Standard No. 122; Motorcycle brake systems.
* * * * *
S6.1.1.1 High friction surface. A high friction surface is used for
all dynamic brake tests excluding the ABS tests where a low-friction
surface is specified. The high-friction surface test area is a clean,
dry and level surface, with a gradient of <=1 percent. The high-
friction surface has a peak braking coefficient (PBC) of 1.02.
S6.1.1.2 Low-friction surface. A low-friction surface is used for
ABS tests where a low-friction surface is specified. The low-friction
surface test area is a clean and level surface, which may be wet or
dry, with a gradient of <=1 percent. The low-friction surface has a PBC
of <=0.50.
S6.1.1.3 Measurement of PBC. The PBC is measured using the ASTM
F2493 standard reference test tire, in accordance with ASTM E1337-19,
at a speed of 64 km/h (incorporated by reference; see Sec. 571.5).
* * * * *
S6.9.7.1 * * *
(a) Test surfaces. A low friction surface immediately followed by a
high friction surface with a PBC >=0.90.
* * * * *
0
6. Amend Sec. 571.126 by revising paragraph S6.2.2 to read as follows:
Sec. 571.126 Standard No. 126; Electronic stability control systems
for light vehicles.
* * * * *
S6.2.2 The road test surface must produce a peak friction
coefficient (PFC) of 1.02 when measured using an ASTM F2493 standard
reference test tire, in accordance with ASTM E1337-19 (incorporated by
reference, see Sec. 571.5) at a speed of 64.4 km/h (40 mph), without
water delivery.
* * * * *
0
7. Amend Sec. 571.135 by revising paragraphs S6.2.1, S7.4.3(f),
S7.5.2(f), S7.6.2(f), S7.7.3(f), S7.8.2(f), S7.9.2(f), S7.10.3(e), and
S7.11.3(f) to read as follows:
Sec. 571.135 Standard No. 135; Light vehicle brake systems.
* * * * *
S6.2.1. Pavement friction. Unless otherwise specified, the road
test surface produces a peak friction coefficient (PFC) of 1.02 when
measured using an ASTM F2493 standard reference test tire, in
accordance with ASTM E1337-19 (incorporated by reference, see Sec.
571.5), at a speed of 64.4 km/h (40 mph), without water delivery.
* * * * *
S7.4.3. * * *
(f) Test surface: PFC of at least 1.02.
* * * * *
S7.5.2. * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.6.2. * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.7.3. * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.8.2. * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.9.2. * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.10.3. * * *
(e) Test surface: PFC of 1.02.
* * * * *
S7.11.3. * * *
(f) Test surface: PFC of 1.02.
* * * * *
0
8. Amend Sec. 571.136 by revising paragraph S6.2.2 to read as follows:
Sec. 571.136 Standard No. 136; Electronic stability control systems
for heavy vehicles.
* * * * *
S6.2.2 The road test surface produces a peak friction coefficient
(PFC) of 1.02 when measured using an ASTM F2493 standard reference test
tire, in accordance with ASTM E1337-19, at a speed of 64.4 km/h (40
mph), without water delivery (incorporated by reference, see Sec.
571.5).
* * * * *
0
9. Amend Sec. 571.139 by revising the definition for ``Snow tire'' in
S3 to read as follows:
Sec. 571.139 Standard No. 139; New pneumatic radial tires for light
vehicles.
* * * * *
S3 * * *
Snow tire means a tire that attains a traction index equal to or
greater than 112, compared to the ASTM F2493 standard reference test
tire when using the snow traction test on the medium pack snow surface
as described in ASTM F1805-20 (incorporated by reference, see Sec.
571.5), and that is marked with an Alpine Symbol specified in S5.5(i)
on at least one sidewall.
* * * * *
0
10. Amend Sec. 571.500 by revising paragraph S6.2.1 to read as
follows:
Sec. 571.500 Standard No. 500; Low-speed vehicles.
* * * * *
S6.2.1. Pavement friction. Unless otherwise specified, the road
test surface produces a peak friction coefficient (PFC) of 1.02 when
measured using a ASTM F2493 standard reference test tire, in accordance
with ASTM E1337-19, at a speed of 64.4 km/h (40.0 mph), without water
delivery (incorporated by reference; see Sec. 571.5).
* * * * *
[[Page 34811]]
PART 575--CONSUMER INFORMATION
0
11. The authority citation for part 575 continues to read as follows:
Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123,
30166, 30181, 30182, 30183, and 32908, Pub. L. 104-414, 114 Stat.
1800, Pub. L. 109-59, 119 Stat. 1144, Pub. L. 110-140, 121 Stat.
1492, 15 U.S.C. 1232(g); delegation of authority at 49 CFR 1.95.
Sec. 575.3 [Amended]
0
12. Amend Sec. 575.3 by removing and reserving paragraph (c)(2).
0
13. Amend Sec. 575.104 by revising paragraphs (e)(2)(viii), and
(e)(2)(ix)(A)(2), the note to paragraph (e)(2)(ix)(C), and paragraph
(e)(2)(ix)(F) to read as follows:
Sec. 575.104 Uniform tire quality grading standards.
* * * * *
(e) * * *
(2) * * *
(viii) Drive the convoy on the test roadway for 16 circuits
(approximately 6,400 miles).
(A) After every circuit (approximately 400 miles), rotate each
vehicle's tires by moving each front tire to the same side of the rear
axle and each rear tire to the opposite side of the front axle.
Visually inspect each tire for treadwear anomalies.
(B) After every second circuit (approximately 800 miles), rotate
the vehicles in the convoy by moving the last vehicle to the lead
position. Do not rotate driver positions within the convoy. In four-car
convoys, vehicle one shall become vehicle two, vehicle two shall become
vehicle three, vehicle three shall become vehicle four, and vehicle
four shall become vehicle one.
(C) After every second circuit (approximately 800 miles), if
necessary, adjust wheel alignment to the midpoint of the vehicle
manufacturer's specification, unless adjustment to the midpoint is not
recommended by the manufacturer; in that case, adjust the alignment to
the manufacturer's recommended setting. In all cases, the setting is
within the tolerance specified by the manufacturer of the alignment
machine.
(D) After every second circuit (approximately 800 miles), if
determining the projected mileage by the 9-point method set forth in
paragraph (e)(2)(ix)(A)(1) of this section, measure the average tread
depth of each tire following the procedure set forth in paragraph
(e)(2)(vi) of this section.
(E) After every fourth circuit (approximately 1,600 miles), move
the complete set of four tires to the following vehicle. Move the tires
on the last vehicle to the lead vehicle. In moving the tires, rotate
them as set forth in paragraph (e)(2)(viii)(A) of this section.
(F) At the end of the test, measure the tread depth of each tire
pursuant to the procedure set forth in paragraph (e)(2)(vi) of this
section.
(ix) * * *
(A) * * *
(2) Two-point arithmetical method. (i) For each course monitoring
and candidate tire in the convoy, using the average tread depth
measurements obtained in accordance with paragraphs (e)(2)(vi) and
(e)(2)(viii)(F) of this section and the corresponding mileages as data
points, determine the slope (m) of the tire's wear in mils of tread
depth per 1,000 miles by the following formula:
[GRAPHIC] [TIFF OMITTED] TR08JN22.012
Where:
Yo = average tread depth after break-in, mils.
Y1 = average tread depth after 16 circuits (approximately 6,400
miles), mils.
Xo = 0 miles (after break-in).
X1 = Total mileage of travel after 16 circuits (approximately 6,400
miles).
(ii) This slope (m) will be negative in value. The tire's wear rate
is defined as the slope (m) expressed in mils per 1,000 miles.
* * * * *
(C) * * *
Note 1 to paragraph (e)(2)(ix)(C): The ASTM F2493 standard
reference test tire is the course monitoring tire (CMT). The base
wear rate for the CMTs will be obtained by the Government by running
the course monitoring tires for 16 circuits over the San Angelo,
Texas, UTQGS test route 4 times per year, then using the average
wear rate from the last 4 quarterly CMT tests for the base course
wear rate calculation. Each new base course wear rate will be
published in Docket No. NHTSA-2001-9395. The course monitoring tires
used in a test convoy must be no more than one-year-old at the
commencement of the test and must be used within four months after
removal from storage.
* * * * *
(F) Compute the grade (P) of the of the NHTSA nominal treadwear
value for each candidate tire by using the following formula:
[GRAPHIC] [TIFF OMITTED] TR08JN22.013
Where base course wear raten = new base course wear rate,
i.e., average treadwear of the last 4 quarterly course monitoring
tire tests conducted by NHTSA.
Round off the percentage to the nearest lower 20-point
increment.
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.7.
Steven S. Cliff,
Administrator.
[FR Doc. 2022-12243 Filed 6-7-22; 8:45 am]
BILLING CODE 4910-59-P