[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
------------------------------------------------------------------------
                                                          New PFC value
            FMVSS section              PFC value using    using 16-inch
                                        14-inch SRTT          SRTT
------------------------------------------------------------------------
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)...........................

[[Page 34802]]

 
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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \24\ https://www.astm.org/READINGLIBRARY/.
---------------------------------------------------------------------------

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