DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 567, 571, 574, 575, and 597
Docket No. NHTSA-02-13678
RIN 2127-AI32
Tire Safety Information
AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation.
ACTION: Final Rule.
SUMMARY: In response to the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000, this document establishes a new Federal Motor Vehicle Safety Standard to improve the information readily available to consumers about tires. The new information will assist consumers in identifying tires that may be the subject of a safety recall. It will also increase public awareness of the importance and methods of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle. This rule applies to all new and retreaded tires for use on vehicles manufactured after 1975 with a gross vehicle weight rating of 10,000 pounds or less and to all new vehicles with a gross vehicle weight rating of 10,000 pounds or less, except for motorcycles and low speed vehicles.
DATES: This final rule is effective September 1, 2003. Voluntary compliance is permitted before that time. If you wish to submit a petition for reconsideration of this rule, your petition must be received by [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Petitions for reconsideration should refer to the docket number and be submitted to: Administrator, Room 5220, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
For technical and policy issues: Mr. Roger Kurrus, Office of Planning and Consumer Programs.
Telephone: (202) 366-2750. Fax: (202) 493-2290.
Mr. Joseph Scott, Office of Crash Avoidance Standards,
Telephone: (202) 366-2720. Fax: (202) 366-4329.
For legal issues: Nancy Bell, Attorney Advisor, Office of the Chief Counsel, NCC-20.
Telephone: (202) 366-2992. Fax: (202) 366-3820.
All of these persons may be reached at the following address: National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS
I. Executive Summary
A. Highlights of the Notice of Proposed Rulemaking
In the Notice of Proposed Rulemaking (NPRM) (66 FR 65536, Docket No. NHTSA-01-11157) published on December 19, 2001, the agency proposed to establish a new standard that would revise the agency’s existing tire labeling requirements, as well as its current regulations to improve tire information for light vehicles (vehicles other than motorcycles and low speed vehicles (LSVs) with a gross vehicle weight rating (GVWR) of 10,000 pounds or less) and light vehicle tires and its availability and understandability to consumers. The proposal was substantially based on NHTSA’s activities undertaken in response to the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000, including publication of an ANPRM, consideration of comments in response to the ANPRM, data gathering and analysis, and NHTSA sponsored focus groups. The highlights of the proposal were as follows:
(1) Tire Markings - the TIN, size designation, maximum permissible inflation pressure, and maximum load rating would have been placed on both sides of light vehicle tires;
(2) Tire Identification Number (TIN) – (a) information in the TIN would have been reordered so that the first six characters would have contained the information required for determining whether a particular tire is subject to a recall and, (b) each TIN character would have been at least 6 mm (1/4") high;
(3) Vehicle Placard Content and Format - (a) the tire inflation pressure information would have been visually separated by a red colored border on the vehicle placard or, alternatively, would have been placed on a separate tire inflation pressure label, (b) the tire inflation pressure information on the placards would have been in color (red, yellow, and black on a white background), (c) a black and white tire symbol icon (13 millimeters (.51 inches) wide and 14 millimeters (.55 inches) high) would have been in the upper left corner of the placard and label, (d) the placard and label would have both included the phrases "Tire Information" and "See Owner’s Manual For Additional Information" in yellow text on a black background, (e) the statement of "vehicle capacity weight" on the vehicle placard would have been replaced with the following sentence: "[t]he combined weight of occupants and cargo should never exceed XXX pounds," and, (f) the vehicle’s recommended tire size designation would have been replaced with the tire size designation for the tire installed as original equipment on the vehicle by the vehicle manufacturer;
(4) Placard Location - the placard or placard and label containing tire inflation pressure by tire size and other required information specified in S4.3 of FMVSS No. 110 would have been located on the driver’s side B-pillar. If a vehicle did not have a B-pillar, then the placard or placard and label would have been placed on the edge of the driver’s door; and
(5) Owner’s Manual Information - owner’s manuals for light vehicles would have discussed the following five subject areas: (a) tire labeling, (b) recommended tire inflation pressure, (c) glossary of tire terminology, (d) tire care, and (e) vehicle load limits.
Also, the agency proposed revising FMVSS No. 110, Tire selection and rims, for passenger cars, 49 CFR §571.110, and FMVSS No. 120 Tire selection and rims for motor vehicles other than passenger cars, 49 CFR §571.120, to reflect the applicability of the proposed light vehicle tire standard to vehicles with a GVWR of 10,000 pounds or less, and revising FMVSS No. 117, Retreaded pneumatic tires, 49 CFR §571.117, and FMVSS No. 129, New non-pneumatic tires for passenger cars, 49 CFR §571.129, to replace the labeling requirements contained therein with those specified in the proposed new light vehicle tire standard.
The agency proposed compliance dates for tires according to the following schedule: all passenger car ("P-metric") tires manufactured on or after September 1, 2003, and all light truck ("LT") tires manufactured on or after September 1, 2004, would have had to meet the new requirements. Additionally, all light vehicles manufactured on or after September 1, 2003, would have had to comply with the final rule. The agency proposed that lead-time to be consistent with the lead-time proposed for the tire performance upgrade. The aforementioned proposals are summarized more fully in section IV. of this document.
B. Highlights of the Final Rule
The final rule establishes a single standard for light vehicle tires, FMVSS No. 139, New Pneumatic Tires for Light Vehicles. It also contains provisions for labeling requirements that address the following aspects of tire and vehicle labeling: tire markings, the Tire Identification Number (TIN), vehicle placard content and format, placard location, and owner’s manual information. The rule applies to all new and retreaded tires for passenger cars, multipurpose passenger vehicles, trucks, buses and trailers with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds) or less, manufactured after 1975, and to all passenger cars, multipurpose passenger vehicles, trucks, buses and trailers with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds) or less. [1] The requirements are fully summarized in section VII.A of this document.
In response to the NPRM, NHTSA received comments from tire and vehicle manufacturers and associations, consumer advocacy groups, and the general public. After considering the public comments and other available information, the agency is modifying certain aspects of its proposal.
In particular, the agency is persuaded, for the reasons explained in section VII.C.1.d. of this document, that there are worker safety and costs issues associated with placement of the full TIN on both sidewalls of the tire. Additionally, there are technical difficulties associated with the reordering of the TIN. These amendments were proposed to aid consumers in determining whether their tires were subject to a recall. Instead, the agency is addressing the visibility of the TIN by requiring that the full TIN, as currently ordered, appear on the "intended outboard sidewall," if there is one, and that either the full TIN or a partial TIN, i.e., a TIN from which the date code has been deleted, appear on the opposite side of the tire. "Intended outboard sidewall" is defined in FMVSS No. 139 as the sidewall that contains a whitewall, bears white lettering, or bears a manufacturer or model name molding which is higher or deeper than on the other sidewall of the tire. If a tire does not have an intended outboard sidewall, the tire must be labeled with the full TIN on one sidewall and with either the full TIN or a partial TIN on the other sidewall.
The major changes to the standard (or deviations from the proposal) are as follows:
(1) The agency is not reordering the contents of the TIN.
(2) The agency is requiring the full TIN on the "intended outboard sidewall" of the tire and either the full TIN or a partial TIN, containing all aspects of the TIN except for the date code, on the opposite sidewall.
(3) The agency is eliminating size and format requirements for the vehicle placard and label, except for those specifying certain headings, use of the tire icon, and a limited use of color.
(4) If the vehicle does not have a driver’s side-B-pillar and the driver’s door edge is too narrow or does not exist, the agency is requiring that the placard or placard and label be affixed to the inward facing surface of the vehicle next to the driver’s seating position.
(5) For tires, the agency is providing additional time for compliance with the new requirements as follows: 40% of all covered tires between September 1, 2004, and August 31, 2005, 70% of all covered tires between September 1, 2005, and August 31, 2006, and 100% of all covered tires beginning on September 1, 2006.
NHTSA has decided to adopt the effective date of September 1, 2003, for vehicle labeling. The effective date reflects NHTSA’s desire for expedited action on this issue. In view of the urgent need to alert the public to tire and loading information and because the labeling revisions to light vehicles constitute format changes, not performance or vehicle design changes, NHTSA finds that an effective date of September 1, 2003, is reasonable and is in the public interest. The extension of the effective date for tires and the phase-in reflect the reality that the tire manufacturers will need to rework, retool, and replace the tire molds currently utilized. NHTSA believes that this phase-in will permit tire manufacturers to continue to use existing molds while they acquire new ones that reflect the new tire information requirements. Also, by only requiring that 40% of tires comply with the requirements during the first stage of the phase-in, the agency is providing the industry and its mold shops with an achievable task of reworking molds that would not exceed their capacity for such work. By not requiring full compliance until September 1, 2006, NHTSA is providing the tire industry with ample time to accomplish the task.
The agency estimates that one-time costs of up to $23.4 million will occur for the tire industry during the phase-in period. These costs will add up to $0.08 per tire during this period. The recurring annual costs are believed to be very minor.
Retread tires are a small part of the market for light vehicles. Because the cost to change the mold to add a second TIN or partial TIN is spread over a smaller market, the cost increase per retread tires will be higher by an unknown amount.
The agency estimates that vehicle costs will increase about $0.15 per vehicle, based on $0.04 per label and $0.11 for adding about 8 pages of information to the owner’s manual. With approximately 17 million light vehicles and light trailers being sold annually, the vehicle costs will be about $2.6 million per year on a recurring annual basis.
Thus, total overall costs will be up to $26 million initially, with $2.6 million estimated to occur on a recurring annual basis.
NHTSA believes that this rule will be effective in increasing public awareness of tire safety, particularly, the understanding and maintenance of proper tire inflation and load limits. This rule will also enable consumers to identify the TIN and other tire information more easily for recalls and other notifications. The rule will standardize the location and content of important information relating to proper inflation and load limits and other tire safety concerns. By increasing consumer knowledge and awareness, this rule will lead to reduced tire failures and tire related crashes, and therefore fewer deaths and injuries.
II. Background
A. The Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act
The Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000, Pub. L. 106-414, requires the agency to address numerous matters through rulemaking. One of these matters, set forth in section 11 of the Act, is the improvement of the labeling of tires required by section 30123 of title 49, United States Code, to assist consumers in identifying tires that may be the subject of a recall. Section 11 provides that the agency must initiate a rulemaking proceeding for that purpose within 30 days after the enactment of the Act and must complete it not later than June 1, 2002.
Additionally, that section provides that the agency may take whatever additional action it deems appropriate to ensure that the public is aware of the importance of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle. Section 11 states that such additional action may, for example, include a requirement that the manufacturer of motor vehicles provide the purchasers of the motor vehicles information on appropriate tire inflation levels and load limits if the agency determines that requiring such manufacturers to provide that information is the most appropriate way the information can be provided.
B. Safety Problem
1. Difficulty Locating Tire Identification Number (TIN)
The Firestone tire recalls in 2000 highlighted the difficulty that consumers experience when attempting to determine whether a tire is subject to a recall if the tire is mounted so that the sidewall bearing the TIN and size designation faces inward, i.e., underneath the vehicle.
The side of a tire bearing the TIN is often mounted so that it faces inward. In the case of whitewall tires, this occurs because the TIN is almost always molded on the blackwall (i.e., inside sidewall) of the tire. Whitewall tires account for a small and declining percentage (currently about 5 percent or less) of original equipment tire sales in this country, but about 40 percent of replacement tires. There are about three times as many replacement tires as original equipment tires sold each year. Blackwall tires, which have the TIN on one sidewall, are as likely to be mounted with the number side facing in as out. Based on this information, we estimate that approximately 65 percent of all tires are mounted with their TINs not readily visible.
When tires are mounted so that the TINs appear on the inward facing sidewalls, motorists have three inconvenient options for finding and recording the TINs. They must either: (1) slide under the vehicle with a flashlight, pencil and paper and search the inside sidewalls for the TINs; (2) remove each tire, find and record the TIN, and then replace the tire; or (3) enlist the aid of a garage or service station that can perform option 1 or place the vehicle on a vehicle lift so that the TINs can be found and recorded.
As a result of the difficulty and inconvenience of checking the TINs, the percentage of people who respond to a tire recall campaign is reduced and motorists unknowingly continue to drive their vehicles with potentially unsafe tires.
2. Misunderstanding and dangers associated with inflation pressure
As discussed in the NPRM, surveys indicate that consumers often do not realize that the recommended inflation pressure, which provides the cold tire inflation pressure for the maximum loaded vehicle weight based upon vehicle specification and operation as determined by the vehicle manufacturer, is labeled on the vehicle on a placard or the vehicle certification label by the vehicle manufacturer. Surveys also indicate that a significant number of vehicles are being operated with underinflated, overloaded and/or damaged tires and that the public needs to be reminded to inspect and properly maintain their tires.
The sidewalls of a tire used while significantly under-inflated flex more and the air temperature inside it increases, making the tire more prone to failure. In addition, a significantly under-inflated tire loses lateral traction, making handling and stopping more difficult. Under-inflated tires can contribute to various types of crashes in addition to those resulting from blow outs or tire failure, including crashes which result from: an increase in stopping distance; skidding and/or a loss of control of the vehicle in a curve or in a lane change maneuver; or hydroplaning on a wet surface.
Additionally, under-inflation contributes to tire overloading. Tire overloading describes a condition in which the vehicle is carrying more weight than the tire is rated to carry at a specified inflation pressure. For instance, for every 1-pound per square inch (psi) reduction in inflation pressure, a vehicle’s tires suffer a 1.6% reduction in vehicle capacity weight (passenger plus cargo capacity). Overloading can result in handling or steering problems, brake failure, and tire failure.
As discussed in the NPRM, several crash files contain information on "general" tire related problems that precipitate crashes. The more recent of these files are The National Automotive Sampling System - Crashworthiness Data System (NASS-CDS) and the Fatality Analysis Reporting System (FARS). For instance, the NASS-CDS data demonstrate that about one half of one percent of all crashes are caused by these tire problems. The rate of blowout-caused crashes for light trucks (0.99 percent) is more than three times the rate of those crashes for passenger cars (0.31 percent). Blowouts cause a much higher proportion of rollover crashes (4.81) than non-rollover crashes (0.28); and again more than three times the rate in light trucks (6.88 percent) than in passenger cars (1.87 percent). FARS data for 1995 through 1998 show that 1.10 percent of all light vehicles in fatal crashes were coded with tire problems. Light trucks had slightly higher rates of tire problems (1.20 percent) than passenger cars (1.04 percent). The annual average number of vehicles with tire problems in FARS was 535 (313 passenger cars and 222 light trucks).
C. Existing Labeling Requirements
1. Tire Sidewall Labeling
NHTSA’s existing labeling requirements for new passenger car tires are set forth in Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New Pneumatic Tires -- Passenger Cars (49 CFR §571.109). Specifically, section S4.3 of FMVSS No. 109 sets forth information labeling requirements for tires, including requirements regarding the positioning of the information on the sidewall to ensure that it is readily visible and to minimize the possibility that it will be scuffed off if the sidewall hits a curb or similar object. It provides that the information listed in paragraphs S4.3 (a) through (e) (e.g., number of plies and maximum permissible inflation pressure) must appear, on at least one sidewall, in an area between the maximum section width and the bead of the tire, unless the maximum section width of the tire falls between the bead and one-fourth of the distance from the bead to the shoulder of the tire.
NHTSA’s labeling requirement for retreaded passenger car tires is set forth in FMVSS No. 117, Pneumatic Retreaded Tires (49 CFR §571.117). FMVSS No. 117 requires that each newly retreaded passenger car tire have molded into its sidewalls information similar to that required in FMVSS No.109, plus the words "bias," or "bias belted," or "radial," as applicable. FMVSS No. 117 does not, though, require that the name of the manufacturer or brand name and number assigned to the manufacturer be placed on retreaded tires as is required on new passenger vehicle tires by FMVSS No. 109.
NHTSA’s labeling requirements for new tires for vehicles other than passenger cars are set forth in FMVSS No. 119, New Pneumatic Tires for Vehicles other than Passenger Cars (49 CFR §571.119). Paragraph S6.5 of FMVSS No. 119 specifies that all tires for vehicles other than passenger cars must have certain markings on the sidewalls. Among other things, these tires must show the actual number of plies in the tire, the composition of the ply cord material (S6.5(f)), and a letter designating the load range (S6.5(j)). S6.5 also provides that the designated information must appear, on at least one sidewall, in an area between the maximum section width and bead of the tire, unless the maximum section width of the tire falls between the bead and one-fourth of the distance from the bead to the shoulder of the tire. For tires for which the maximum section width falls in that area, all required labeling must be located between the bead and a point one-half the distance from the bead to the shoulder of the tire. Additionally, section S6.5(b) requires that each tire be marked with the tire identification required by part 574 of this chapter and that this number may be marked on only one sidewall.
NHTSA’s labeling requirements for new temporary spare non-pneumatic tires for passenger cars are set forth in FMVSS No. 129, New non-pneumatic tires for passenger cars (49 CFR §571.129). The FMVSS No. 129 labeling requirements are similar to those set forth in section S4.3 in FMVSS No. 109 for size designation, load, rating, rim size and type designation, manufacturer or brand name, certification, and tire identification number. Paragraph S.4 of FMVSS No. 129 specifies that each non-pneumatic tire must have certain markings on the sidewalls including the non-pneumatic tire identification code (NPTIC), the load rating, and the tire identification number required in Part 574. These labeling requirements also specify that the labeling information must appear on both sides of the tire, except, in the case of a tire that has a particular side that must always face outward where the information must appear on the outward facing side.
2. Tire Identification Number (TIN)
Section 574.5 of Title 49, CFR, Tire Identification Requirements, sets forth the methods by which new tire manufacturers and new tire brand name owners must identify tires for use on motor vehicles. The section also sets forth the methods by which tire retreaders and retreaded tire brand name owners must identify tires for use on motor vehicles. The purpose of these requirements is to facilitate efforts by tire manufacturers to notify purchasers of defective or nonconforming tires and by such purchasers to identify those tires so that purchasers can take appropriate action in the interest of motor vehicle safety.
Specifically, §574.5 requires each new tire manufacturer and each tire retreader to mold a TIN into or onto the sidewall of each tire produced, in the manner and location specified in the section and as depicted in Figures 1 and 2 of that section. The TIN is composed of four groups:
2. The second group represents the tire size for new tires; for retreaded tires, the second group represents the retread matrix in which the tire was processed or, if no matrix was used, a tire size code;
3. Vehicle Labeling
Labeling requirements are also contained in 49 CFR part 567, Certification, 49 CFR part 575, Consumer Information Regulations, FMVSS No. 110, Tire Selection and Rims, applicable to passenger cars and to non-pneumatic spare tire assemblies for use on passenger cars, and FMVSS No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.
Section 567.4 requires vehicle manufacturers to affix to each vehicle a label bearing, among other things, the Gross Vehicle Weight Rating (GVWR), which must not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicles rated seating capacity; and the Gross Axle Weight Rating (GAWR), which is the value specified by the manufacturer as the load carrying capacity of a single axle system.
Paragraph S4.3 of FMVSS No. 110 requires manufacturers to affix a placard to each passenger car’s glove compartment door or an equally accessible location showing the vehicle’s capacity weight, designated seating capacity, the manufacturer’s recommended cold tire inflation pressure for maximum loaded vehicle weight, the manufacturer’s recommended tire size designation, and, for a vehicle equipped with a non-pneumatic spare tire assembly, the non-pneumatic identification code required by FMVSS No. 129, New Non-Pneumatic Tires for Passenger Cars. The required information is intended to promote the vehicle’s safe performance by preventing the overloading of the tires or the vehicle itself.
FMVSS No. 120 requires that each vehicle show, on the label required by 567.4, or on a tire information label (S5.3.2(b)), the recommended tire size designation appropriate for the GAWR, the size and type designation of rims appropriate for those tires, and the recommended cold inflation pressure for those tires such that the sum of the load ratings of the tires on each axle (when the tires load carrying capacity at the specified pressure is reduced by dividing 1.10, in the case of a tire subject to FMVSS No. 109, i.e., a passenger car tire) is appropriate for the GAWR.
III. December 2000 Advance Notice of Proposed Rulemaking (ANPRM)
On December 1, 2000, this agency initiated rulemaking, as required by the TREAD Act, by publishing an Advance Notice of Proposed Rulemaking (ANPRM) (65 FR 75222, Docket No. NHTSA-00-8296), which announced our plans to 1) improve the labeling of tires, 2) assist consumers in identifying tires that may be the subject of a recall, and 3) ensure that the public is aware of the importance of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle.
The ANPRM discussed NHTSA’s existing tire information labeling and marking requirements, tire identification number requirements, and other labeling requirements such as those contained within its Consumer Information Regulations, e.g., Uniform Tire Quality Grading System ("UTQGS"). Also discussed in the ANPRM were prior rulemaking actions and petitions pertinent to the tire labeling issues addressed by the TREAD Act, particularly those relevant to the location of the TIN, and underinflation and overloading concerns.
NHTSA solicited comments in areas such as general consumer knowledge and behavior, availability of information to consumers, TIN information, and other tire labeling information. The agency also asked many specific questions related to such matters such as TIN content, readability and location, worker safety and costs issues associated with labeling the TIN on both sidewalls of the tire, loading, plies and cord material, tread wear indicators, UTQGS, speed rating, run-flat and extended mobility tires, tire inflation pressure, and the dissemination of tire safety information.
IV. December 2001 Notice of Proposed Rulemaking
On December 19, 2001, the agency published an NPRM proposing to establish a new standard that would revise the agency’s existing tire labeling requirements, as well as revise its current regulations to improve tire information for light vehicles (vehicles other than motorcycles and low speed vehicles (LSVs) with a GVWR of 10,000 pounds or less) and light vehicle tires and its availability and understandability to consumers.
The NPRM’s proposed amendments addressed the following aspects of tire and vehicle labeling: tire markings, the Tire Identification Number (TIN), vehicle placard content and format, placard location, and owner’s manual information. The proposal would have extended all passenger car labeling requirements, including those requiring the labeling of combined occupant and cargo weight capacity and designated seating positions, to light trucks and multipurpose passenger vehicles (MPVs) with a GVWR or 10,000 pounds or less. The proposed revisions were based on consideration of comments in response to the ANPRM, data gathering and analysis, and NHTSA sponsored focus groups.
NHTSA proposed that the TIN, size designation, maximum permissible inflation pressure, and maximum load rating be placed on both sides of light vehicle tires. Requiring the TIN and size designation to be on both sides would have ensured that that information would be on the sidewall facing outward, regardless of how the tire is mounted. We also proposed requiring that the TIN appear on both sides of the tire because dual-side labeling was suggested during the congressional hearings concerning the Firestone recall. Also, based on responses to the ANPRM by the tire industry claiming a general "safety hazard" due to unspecified "changes in the manufacturing process," and reasons provided in the NPRM, we were not then persuaded that there were significant worker safety concerns associated with this proposal. Requiring that the other items of information be on both sidewalls would have aided consumers in maintaining their tires and loading their vehicles.
NHTSA proposed two changes to the TIN. First, the agency proposed to require a re-ordering of information in the TIN so that the first six characters would have contained the information required for determining whether a particular tire is subject to a recall. The first two characters would have reflected the plant code, and the next four characters would have reflected the date code. Second, the agency proposed to require that each character be 6 mm (1/4") high. The agency believed that a requirement for a uniform TIN font size would have significantly improved the readability of the TIN.
The agency proposed four sets of revisions for the presentation of tire inflation pressure and load limit information on the vehicle placard currently required for passenger cars by S4.3 of § 571.110 and to be required for all light vehicles with a GVWR of 10,000 pounds or less. [2] The NPRM contained figures illustrating the proposed revisions to the placard. This placard, permanently affixed to the glove compartment door or an equally accessible location, currently displays the vehicle capacity weight, the designated seating capacity (expressed in terms of total number of occupants and in terms of occupants for each seat location), the vehicle manufacturer's recommended cold tire inflation pressure for maximum loaded vehicle weight, and the manufacturer's recommended tire size designation.
First, the agency proposed that tire inflation pressure information would have been visually separated by a red colored border on the vehicle placard or, alternatively, been placed on a separate tire inflation pressure label. The vehicle placard would have contained only the information that would have been required in the proposed version of S4.3 (paragraphs (a)-(e)). [3] This information would not have been combined with other labeling or certification requirements. The vehicle placard also would have had to meet the proposed color and content requirements as discussed below.
Second, the agency also proposed that the tire inflation pressure label and vehicle placard would have had to meet the following three requirements: 1) the tire inflation pressure information on the placards would have been in color - red, yellow, and black on a white background, 2) contained a black and white tire symbol icon in the upper left corner of the placards, 13 millimeters (.51 inches) wide and 14 millimeters (.55 inches), and 3) the placard and label would have both include the phrases "Tire Information" and "See Owner’s Manual For Additional Information" in yellow text on a black background.
Third, the agency proposed to replace the vehicle capacity weight statement on the vehicle placard with the following sentence: "[t]he combined weight of occupants and cargo should never exceed XXX pounds." The "XXX" amount would equal the "vehicle capacity weight" of the vehicle as defined in FMVSS No. 110. The information was the same as that currently required to be placed on the vehicle placard by manufacturers. However, the agency believed that the statement "the combined weight of occupants and cargo should never exceed..." would have been easier for consumers to comprehend than a technical phrase such as "vehicle capacity weight." "Vehicle capacity weight" is not intuitive to consumers and would have required a vehicle operator to look to the owner’s manual or standard to understand which factors are included in the calculation of the sum/amount on the placard.
Fourth, the agency proposed to replace the vehicle’s recommended tire size designation with the tire size designation for the tire installed as original equipment on the vehicle by the vehicle manufacturer. While in most instances these two numbers would have been identical, this minor revision would have insured that the consumer is provided with the correct tire inflation pressure information for the tire size actually installed on his vehicle as original equipment by the manufacturer.
We proposed these placard changes in response to survey and focus group data which indicated that consumers needed assistance in locating recommended tire pressures for their vehicle’s tires and understanding load limits. The use of colors and a visual cue, such as a tire symbol icon, would have aided drivers in noticing and locating this imperative information. By expressing the vehicle’s load limit in easily recognizable terms such as "passenger and cargo weight", as opposed to "vehicle capacity weight" the proposed placard revisions would have also aided consumers in understanding and adhering to load limit guidelines.
The agency proposed that the placard or placard and label containing tire inflation pressure by tire size and other required information specified in S4.3 of FMVSS No. 110 would have been located on the driver’s side B-pillar. If a vehicle did not have a B-pillar, then the placard or placard and label would have been placed on the edge of the driver’s door. Currently, S4.3 of 571.110 specifies that the vehicle placard be affixed to the glove compartment door or an equally accessible location. A standardized location for tire information placards and labels would have contributed to consumer awareness of recommended tire inflation pressures and load limits.
The agency proposed that owner’s manuals for light vehicles contain discussion of the following five subject areas: 1) tire labeling, 2) recommended tire inflation pressure, 3) glossary of tire terminology, 4) tire care, and 5) vehicle load limits. A single, reliable source containing the proposed required information for the tires and tire safety information listed above would have aided consumers by providing to them, in one centralized location, the information that they needed to properly maintain their tires and adhere to recommended load limits.
Finally, the agency proposed revising FMVSS Nos. 110, Tire selection and rims for passenger cars, 49 CFR §§571.110, and 120 Tire selection and rims for motor vehicles other than passenger cars, 49 CFR §571.120, which would have reflected the applicability of the proposed light vehicle tire standard to vehicles with a GVWR of 10,000 pounds or less, and revising FMVSS Nos. 117, Retreaded pneumatic tires, 49 CFR §§571.117, and 129, New non-pneumatic tires for passenger cars, 49 CFR §571.129, which would have replaced the labeling requirements contained therein with those specified in the proposed new light vehicle tire standard.
The agency proposed compliance dates for tires according to the following schedule: all P-metric tires manufactured on or after September 1, 2003, and all LT tires manufactured on or after September 1, 2004 would have had to meet the new requirements. Additionally, all light vehicles manufactured on or after September 1, 2003 would have had to comply with the final rule.
NHTSA believed that this proposal would have resulted in minimal costs for tire and manufacturers. NHTSA estimated that the added cost for labeling tires under this proposal would have equaled $0.01 per tire or less and a minimal cost for vehicle labeling (one-time costs to change production for the new vehicle placard and/or tire inflation pressure label, the application of the vehicle placard and/or tire inflation pressure label to all light vehicles, not only passenger cars, and the new owner’s manual pages). NHTSA estimated that, adding the total tire and vehicle manufacturing costs together, the total annual costs would have equaled approximately $5.5 million.
V. Summary of Public Comments on NPRM
NHTSA received over 30 comments on the December 2001 NPRM. The comments were submitted by: vehicle and tire manufacturers and associations, consumer advocacy organizations and individual members of the public. The comments are summarized below.
A. Tire Sidewall Labeling
1. Maximum Permissible Inflation Pressure
2. Maximum Load Rating
3. Cord Material and Number of Plies
4. Speed Rating and Load Index (Service Description)
5. Placement of TIN
6. Reordering of TIN
7. Height of TIN
B. Vehicle Placard and Label
1. Content
2. Format
3. Location
4. Color
5. Multistage Manufacturer
C. Owner’s Manual
D. Applicability of FMVSS Nos. 110 and 120
E. Costs
1. Placard and Label
2. Tires
F. Effective Dates
G. Defining "reasonable amount of luggage"
H. Foreign/International Standards
I. Prohibition on non-required information
VI. Summary of post-comment period Firestone plant visits by NHTSA Officials
On March 13 and April 11, 2002, NHTSA personnel visited the Bridgestone-Firestone (BFS) tire manufacturing plant in Aiken, SC. This plant is the newest and most technologically advanced BFS plant and is said to be representative of the future in tire manufacturing technology. NHTSA’s visit included hearing an overview of plant operations and an explanation of the tire manufacturing process, and being taken on a plant tour. During the discussion and tour, the NHTSA personnel were shown and heard descriptions of all of the key steps in the manufacturing processes, as well as quality control and safety measures. Of particular interest to the NHTSA personnel was the process of changing the TIN in the tire molds.
The presses used by BFS at this plant are the segmented hydraulic vertical lift machines. Prior to this visit, NHTSA personnel had only witnessed clam-shell presses first-hand in operation at older tire plants. These segmented presses, along with the older clam-shell presses, are the most widely used in the industry. According to RMA, the segmented machines represent an increasing percentage of presses used in the U.S. and are today considered the industry standard. Additionally, the segmented machines are more versatile than other types of presses since they can be used for molding all tires, including the higher speed rated tires requiring nylon caps that the older types of presses, including the clam-shell, cannot accommodate.
The segmented machines seen by NHTSA during the tour have a lower press and an upper press. The lower press is fixed in place directly below the upper press that is raised and lowered on a hydraulic lift. The height of the upper press at the full open position is approximately 6-7 feet above from the ground. The presses are hydraulic so they must either be in the closed or open position, they cannot be positioned in between these two extremes.
BFS provided NHTSA with a demonstration of the changing of the TIN date code in the lower mold. Workers change the TIN date by quickly leaning over the lower press and, using a hand tool, replace the old plug and/or plate with a new plate or plug. The process is not automated, according to BFS, due to the fragility of the mold.
On this type of machine, it appeared to NHTSA that any changes to the upper molds would need to be done with the molds removed from the upper press because the heat and inaccessibility of the upper mold would make it too dangerous or simply impossible, to change upper mold TINs in the upper press. This is because changing the TIN in the upper molds while the machine is in use would entail the technician’s standing on the lower press while placing his head and arms directly up into the upper press. This could not be done while the machine is in use because the molds heat to approximately 350 F degrees and operate under up to 185,000 pounds of pressure. Further, the molds weigh up to 5,000 pounds each. To remove the upper mold from the machine, the upper press must be placed in the lowered position and the mold must be lifted from above using a small forklift. According to BFS, the down time necessary to enable workers to replace the date code is estimated at 4 to 6 hours. This covers allowing the mold to cool, removing the mold from the press, replacing the mold in the press, and reheating the mold. In this particular plant, there are 153 presses. This large number would, in BFS’s view, make the replacement of the full TIN on a weekly basis, to accommodate the weekly changing of date code, logistically impossible. According to BFS, molds are currently removed from the upper press approximately every 20 to 30 days for cleaning.
VII. Agency Decision regarding Final Rule
A. Summary of Final Rule and Rationale
The final rule establishes a single standard for light vehicle tires, FMVSS No. 139, New PneumaticRadial Tires for Light Vehicles. The final rule contains labeling requirements that address the following aspects of tire and vehicle labeling: tire markings, the Tire Identification Number (TIN), vehicle placard content and format, placard location, and owner’s manual information. NHTSA will also be establishing upgraded safety performance requirements for tires in a forthcoming final rule, which would also be included in the new standard.
The rule applies to all new and retreaded tires for passenger cars, multipurpose passenger vehicles, trucks, buses and trailers with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds) or less, manufactured after 1975, and to all passenger cars, multipurpose passenger vehicles, trucks, buses and trailers with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds) or less. [4] The requirements are summarized below.
NHTSA has decided that the size designation, maximum permissible inflation pressure, and maximum load rating must be placed on both sides of light vehicle tires. The full TIN will be required on the "intended outboard side" of the tire and either the full TIN or a partial TIN, containing all aspects of the TIN except for the date code, will be required on the opposite side." "Intended outboard sidewall" is defined in FMVSS No. 139 as the sidewall that contains a whitewall, bears white lettering, or bears manufacturer or model name molding that is higher or deeper than that on the other sidewall of the tire. If a tire does not have an intended outboard sidewall, the tire must be labeled with the full TIN on one sidewall and with either the full TIN or a partial TIN on the other sidewall. Requiring that a form of the TIN, whether the full or partial TIN, be on both sides will ensure that important consumer information will be on the outward facing sidewall, regardless of how the tire is mounted. Requiring that the other items of information be on both sidewalls will aid consumers in properly maintaining their tires and loading their vehicles.
NHTSA is making another change to the TIN. The rule requires that each character in the TIN be 6 mm (1/4") high. The agency believes that a requirement for a uniform TIN font size will significantly improve the readability of the TIN.
The agency is making four sets of revisions to the presentation of tire inflation pressure and load limit information on the vehicle placard required for passenger cars by S4.3 of §571.110 and to be required for all light vehicles with a GVWR of 10,000 pounds or less under this proposal. [5] This placard, permanently affixed to the glove compartment door or an equally accessible location, currently displays the vehicle capacity weight, the designated seating capacity (expressed in terms of total number of occupants and in terms of occupants for each seat location), the vehicle manufacturer's recommended cold tire inflation pressure for maximum loaded vehicle weight, and the manufacturer's recommended tire size designation.
First, the agency is requiring that tire inflation pressure information be visually separated by a red colored border from the other information on the existing vehicle placard or, alternatively, be placed on a separate tire inflation pressure label. The vehicle placard will contain only the information specified in the proposed version of S4.3 (paragraphs (a)-(e)). [6] This information will not be combined with other labeling or certification requirements. The vehicle placard will also have to meet the proposed color and content requirements as discussed below.
Second, the agency is requiring that the tire inflation pressure label and vehicle placard
meet the following three requirements:
1) the tire inflation pressure information is in color - red, yellow, and black on a white background,
2) contain a black and white tire symbol icon in the upper left corner, 13
millimeters (.51 inches) wide and 14 millimeters (.55 inches) tall/high, and
3) include the phrases "Tire and Loading Information" and "Tire Information" and
"See Owner’s Manual For Additional Information" in yellow text on a black background.
Third, the agency is replacing the vehicle capacity weight statement on the vehicle placard with the following sentence: "[t]he combined weight of occupants and cargo should never exceed XXX kg or XXX pounds." The "XXX" amount equals the "vehicle capacity weight" of the vehicle as defined in FMVSS No. 110. The information is the same as that currently required to be placed on the vehicle placard by manufacturers.
Fourth, the agency is replacing the vehicle’s recommended tire size designation with the tire size designation for the tire installed as original equipment on the vehicle by the vehicle manufacturer. While in most instances these two numbers would be identical, this minorrevision ensures that the consumer is provided with the correct tire inflation pressure information for the tire size actually installed on his vehicle as original equipment by the vehicle manufacturer. The original tire size designation and accompanying recommended inflation pressure will be indicated by the headings "original tire size" or "original size" on the placard or label
This rule requires that the placard or placard and label be located on the driver’s side B-pillar. If a vehicle does not have a B-pillar, then the placard and label will be placed on the edge of the driver’s door. If the vehicle does not have a driver’s side B-pillar and the driver’s side door edge is too narrow or does not exist, the placard or placard and label are required to be affixed to the inward facing surface of the vehicle next to the driver’s seating position. Standardizing the location for tire information placards and labels will contribute to consumer awareness of recommended tire inflation pressures and load limits.
The agency is requiring that owner’s manuals for light vehicles discuss the following five subject areas: 1) tire labeling, 2) recommended tire inflation pressure, 3) glossary of tire terminology, 4) tire care, and 5) vehicle load limits. A single, reliable source containing the information listed above will aid consumers by providing the information that they need to properly maintain their tires and adhere to recommended load limits.
NHTSA believes that this rule will be effective in increasing public awareness of tire information and the understanding and maintenance of proper tire inflation and load limits. This rule will also enable consumers to more easily identify the TIN and other tire information for recalls and other notifications. The rule standardizes the location and content of important information relating to proper inflation and load limits and other tire safety concerns. These measures, by increasing consumer knowledge and awareness, will result in reduced tire failures and tire related crashes, and therefore fewer deaths and injuries.
B. Summary of Key Differences between NPRM and Final Rule
In response to the comments, the agency is modifying aspects of its proposal. Most important, the agency was persuaded, for the reasons explained below, that there are technical difficulties and safety concerns associated with placement of the full TIN on both sidewalls of the tire and the reordering of the TIN which were proposed to aid consumers in determining whether their tires are subject to a recall. Instead the agency is addressing the readability of the TIN by requiring only that the full TIN, as currently ordered, appear on the "intended outboard sidewall," and either the full TIN or a partial TIN, same as full TIN currently ordered without date code, appear on the opposite side of the tire. If a tire does not have an intended outboard sidewall, the tire must be labeled with the full TIN on one sidewall and with either the full TIN or a partial TIN on the other sidewall.
The major changes to the standard (or deviations from the proposal) are summarized below.
(1) The agency is not reordering the contents of the TIN.
(2) Except as noted above, the agency is requiring the full TIN on the "intended outboard sidewall" of the tire and either the full TIN or a partial TIN, containing all aspects of the TIN except for the date code, on the opposite sidewall.
(3) The agency is eliminating size and format requirements for the vehicle placard and label, except for those specifying use of the tire icon and a limited use of color.
(4) If the vehicle does not have a driver’s side B-pillar and the driver’s side door edge is too narrow or does not exist, the agency is requiring that the placard or placard and label to be affixed to the inward facing surface of the vehicle next to the driver’s seating position.
(5) For tires, the agency is extending the lead time and instituting a phase-in compliance according to the following schedule: 40% of all covered tires between September 1, 2004 and August 31, 2005, 70% of all covered tires between September 1, 2005 and August 31, 2006, and 100% of all covered tires beginning on September 1, 2006.
(6) The agency is delineating requirements for placarding and labeling of multistage manufactured and altered vehicles.
C. Labeling Requirements
1. Tire Sidewall Labeling
Commenters on the ANPRM and NPRM and survey data conveyed that misunderstanding concerning the meaning of maximum permissible inflation pressure exists among consumers. Nevertheless, most commenters supported retaining this requirement. The commenters and focus group participants also expressed that the maximum inflation pressure provides a failsafe guideline for tire inflation. The agency concurs that the greatest likelihood of tire failure results from underinflation, therefore, the agency is not deleting or revising the requirement for the maximum permissible inflation pressure marking on the tire, except to extend this requirement to tires for use on all light vehicles with a GVWR of 10,000 pounds or less, except LSVs and motorcycles. [7]
Several commenters to the docket suggested adding information to the tire to distinguish the maximum permissible inflation pressure from the recommended inflation pressure. The agency believes that adding additional language to the sidewall to clarify the distinction between maximum inflation pressure and recommended inflation pressure is not feasible. Sidewalls are becoming progressively smaller with the advent of low profile tires and requiring additional information in this already crowded space will cause clutter and greater consumer confusion. The agency anticipates that improvements in the tire placard, standardization of the placard location, and an expanded consumer information program will reduce the number of consumers who mistake the maximum inflation pressure for the recommended inflation pressure.
RMA commented that NHTSA’s proposal would require establishment of new maximum permissible inflation pressures for LT tires that are higher than the current marked pressures because LT tires are now marked with a maximum load rating and corresponding inflation pressure per 571.119. NHTSA has considered these comments. While the agency agrees that the requirement might necessitate manufacturers’ determining and labeling a new maximum permissible inflation pressure on LT tires, NHTSA has concluded that the establishment of maximum permissible inflation pressures for LT tires should not be more complicated than the process by which manufacturers currently label LT tires with inflation pressures that correspond with the maximum load of the tire.
Currently, LT tires are labeled with an inflation pressure that corresponds to the maximum load to be carried by the tire. These values are included in industry yearbooks, such as the "Tire and Rim Association" ("T&RA") Year Book, but are considered minimum cold pressures for the maximum loads listed. The yearbooks provide guidelines for using higher inflation pressures, which are based on speed and loading conditions. Under certain conditions, the inflation pressure could be increased by as much as 10 psi (69 kPa), although the maximum load that can be carried by the tire under normal operating conditions would not increase.
Although the agency acknowledges that the inflation pressures corresponding to the maximum loads in publications such as the TRA Yearbook are not absolute maximum inflation pressure values, we believe that it is appropriate to label these pressures on the tire as the maximum permissible inflation pressure for the maximum load specified. This information would then correspond with the information labeled on passenger car tires and would ensure that the consumer is provided with an upper threshold failsafe value that would ensure safe operation of the vehicle in a maximum loading condition or in the absence of the consumer’s using recommended inflation pressure information from the vehicle placard or owner’s manual. The agency will allow manufacturers, at their discretion, to label maximum permissible inflation pressures above those listed, up to 10 psi higher, on their LT tires to accommodate design prerogatives and anticipated operational usages.
Several tire industry commenters suggested that the maximum load rating is of no use to consumers, especially in light of the load information proposed to be placed on the vehicle placard, and that it should be replaced by the load index requirement contained in GTS-2000 and ECE Regulation Nos. 30 and 54. The agency disagrees that the maximum load rating is of no use for consumers. The maximum load rating provides information that enables consumers to make informed decisions about towing capacity and loading conditions under certain vehicle applications. In contrast, the load index recommended by industry commenters provides a code number, not provide an actual weight value, to consumers. This code number does not provide readily apparent or available information to consumers and would make it necessary for a vehicle operator to look to an index in the owner’s manual or a tire industry publication to determine the actual tire maximum load. The agency does not dispute that a load index value may aid consumers when purchasing replacement tires, but it believes that a maximum load rating is more informative and necessary for consumer reference when attempting to safely load their vehicles. Further, manufacturers are welcome to add, in addition to the maximum load rating, the load index to the tire sidewall and most already do so.
With regard to the number of plies and generic name of cord material used in the plies, most respondents believed that information to be of limited safety value to consumers and suggested its removal from the sidewall. The ITRA and TANA, however, expressed the view that the cord and ply material is very important to the tire retread, repair and recycling industries because this information enables consumers and industry professionals to determine the level of risk when inflating, repairing, retreading or servicing a specific tire.
NHTSA believes that it is sufficient to require that this information appear on one sidewall. Requiring that ply, cord, and tube type information only be present on one sidewall would reduce the stringency required of tires currently subject to FMVSS No. 119 (which currently requires that light truck and MPV tires display the information on both sidewalls) and would result in cost savings to manufacturers that would offset some of the increased costs resulting from changes to the TIN and the labeling of LT tires. Further, there is no known advantage that would arise from requiring this information on both sides of the tire. Therefore, cord and material and number of plies labeling will be required to be labeled on only one sidewall of the tire.
The agency’s proposal to require the TIN to be placed on both sidewalls of the tire elicited a range of different viewpoints. Consumer commenters, CIMS and Ford stated that requiring the TIN to be placed on the outside wall of the tire was desirable since it was the only realistic way for ensuring that consumers could determine if a tire were subject to a recall without having to take the vehicle to a dealer for examination. However, all tire industry respondents object to requiring the full TIN on both sides of the tire because of the manufacturing costs and safety issues discussed above.
The agency has decided to adopt a combination of two suggestions put forth by the tire industry. The agency has decided to require that the full TIN be labeled on the "intended outboard sidewall" of the tire and that either the full TIN or a partial TIN, without the date code, is to be labeled on the opposite sidewall. In this rulemaking, "intended outboard sidewall" is defined in FMVSS No. 139 as a tire sidewall that contains a whitewall, white lettering, or manufacturer or model name molding which is higher, deeper, or than on the other side of the tire. If a tire does not have an "intended outboard sidewall," the manufacturer is required to mark the full TIN on any sidewall of the tire and either the full TIN or the partial TIN on the other sidewall. In consideration of the existence of tires that do not have an "intended outboard sidewall," the agency may, in a future rulemaking, consider requiring tire manufacturers to indicate, through permanent or temporary labeling of those tires, that the side of the tire containing the full TIN is to be mounted facing outward.
After reviewing comments submitted to this rulemaking and after visiting the Firestone plant, the agency concludes that it now has a factual basis for concurring with the tire industry commenters that requiring a second full TIN be molded on tires presents both significant safety and cost concerns. Today, based on the advent of the seven day-a-week operation of tire manufacturing combined with the increasingly widespread use of the segmented press, the complexion of worker safety and costs issues is different than the one that existed in 1980 during our previous rulemaking on this issue.
The agency noted in the NPRM that responses to a special order in 1980 indicated that neither costs nor worker safety were major issues because presses were non-operational 1 or 2 days a week at which time the molds could be safety worked on and, even for presses that were operational seven days a week, workers could access the upper molds by placing insulated blankets over the bottom molds. When the NPRM was issued, the agency did not have any specific factual information from the tire industry that delineated its concerns regarding worker safety or explained why worker safety would currently be an issue, as compared to in 1980.
Based on tire industry and association responses to the NPRM, and the visit to the tire plant, it now appears that, since 1980, however, plant practices have changed such that virtually all plants and their presses operate 7 days a week. Because there is no "down time" for the presses workers must change the TIN in the hot press or remove the mold from the presses.
Additionally, there has been technological change in the types of presses used at the plants. In 1980, the industry standard was the clam-shell press. This press opens so that the upper press opens vertically at a hinge and can be accessed relatively easily by technicians. Today, the more technologically advanced type of press is the segmented press. This press is the most common type of press used by tire manufacturers today and it has become the industry standard. As discussed above, NHTSA witnessed first-hand the serious safety concerns presented for technicians who would be changing a TIN in a hot upper mold. Because of the danger to the worker, a significant amount of down time would be needed to change the date code of the TIN on the upper mold by removing, cooling, reinstalling, and reheating the mold.
The agency, after reviewing other options than requiring the full TIN on both sidewalls, including those suggested by RMA, has decided that a partial TIN on the "intended inboard sidewall" of the tire would address industry safety and cost concerns and, acting as a failsafe, aid consumers in determining whether their tires are subject to a recall. According to NHTSA’s records of recent recalls, 80% of tires potentially subject to a "typical" recall could be eliminated from the recall based on the plant code and information other than the date code contained within the TIN. NHTSA notes that a partial TIN would not have been able to eliminate a large percentage of tires from the Firestone recall because several BSFS plants were involved in that recall. NHTSA is aware of the possibility that a partial TIN code may confuse consumers ("where are the rest of the numbers?") or that the residual 20% of consumers whose tires may be subject to a recall based on the date code may decide to "take their chances" with regard to taking the car into a service station to locate the date code. NHTSA, however, believes that its increased efforts to educate consumers about tire information will help remedy these potential situations and in the unlikely event that consumers needed the date code to determine whether their tires were subject to the recall and could readily view the partial TIN only, it would be in the interest of consumers to have their tires checked by a service technician if the partial TIN code matched the recall information.
The agency stated in the NPRM that most tires are symmetrical or reversible, meaning that they can be mounted facing either direction. In practice, a majority of tires have certain aesthetic features, e.g., whitewall lettering, name brand molding, that denote an "intended outboard sidewall." Thus, "intended outboard sidewall" is defined in FMVSS No. 139 as the sidewall that contains a whitewall, bears white lettering, or bears a manufacturer or model name molding which is higher or deeper than on the other sidewall of the tire.
As discussed above, the agency learned during its visit to Firestone and subsequent information gathering that changing the TIN number plates in the tire molds would not present insurmountable safety problems if workers did not have to change the date code in the upper mold of the press on a weekly basis. NHTSA believes that advances in tire manufacturing technology, such as removable stencil plates, will allow for a significant reduction in the costs and time associated with revising the molds to contain a partial TIN on molds that do not currently accommodate a TIN plate or plug. Further, the costs associated with changing molds to implement this requirement are not considered to be onerous because technicians will be able to change partial TIN labeling information on the molds outside of the tire press during the routine cleaning and reworking of the molds that occurs every 20-30 days.
All commenters who addressed this issue, except for CU, opposed a reordering of the TIN. This opposition was based mostly on concerns about the confusion for consumers and tire dealership personnel that would result from having tires in circulation, for up to 12 years from now, with two different TIN code sequences. Opponents also cited the costs of revising printed materials and databases and reeducate consumers and technicians. Commenters on the NPRM argued that the agency had provided no proven benefits for reordering of the TIN.
The agency had based its proposal on the comments on the ANPRM and the results of the focus groups that showed consistent support for making the TIN more user-friendly and readable. To that end, the agency believed that proposed revisions to the sequence of information in the TIN would have made the TIN easier for consumers to read and understand for recall and other purposes.
The arguments of the tire industry commenters, however, have merit. The agency agrees that the suggested revisions to the TIN have no proven benefit to consumers and may, in fact, prove counterproductive to its efforts to improve consumer information. NHTSA has therefore decided not to reorder the TIN. Instead, it will work to make the TIN more understandable to consumers through its consumer education efforts.
The agency has decided to require a 6 mm (1/4") uniform height font size to enhance the readability of the TIN. Tire manufacturer commenters and consumer commenters, except for Advocates, support the 6 mm TIN height. Advocates continues to express concern for individuals with CFS. Advocates, however, does not suggest an alternative font size.
The agency disagrees with Advocates’ assertions and notes that Advocates did not provide data supporting their assertions or alternatives to the agency’s proposal. The agency’s proposal for a 6 mm uniform TIN height was based on previous rulemakings and comments to the ANPRM, which indicated that 4 mm was not a sufficient font size for the TIN, particularly for individuals with visual impairment. Comments on the ANPRM and NPRM and results from the focus groups concerning the readability of the TIN did not specify a particular font size and commenters, except for Advocates, did not disagree with the agency’s suggestion that a uniform 6 mm TIN font height will make the TIN easier to read and would not impose a significant burden on tire manufacturers. Therefore, 6mm will be the minimum required font size and there will be no restriction that will prevent tire manufacturers from using a larger font size for the TIN characters.
Several commenters suggested adding additional information to the tire sidewall, e.g., specifying what the digits of the TIN represent, a marking requirement directing the vehicle operator to use the information contained on the vehicle placard or in the owner’s manual, defining maximum permissible inflation pressure.
As stated in the NPRM, NHTSA does not believe that these suggestions are feasible. As low-profile tires are developed and become more common, there is a consequential decrease in sidewall heights. The ever-decreasing space on tire sidewalls for displaying necessary and required information will become even more important in the future and will need to be reserved for essential information. NHTSA believes the decision to add the additional items, explanations, and warnings suggested by the commenters is better left to the discretion of the tire and vehicle manufacturers and are more effectively addressed through consumer information campaigns rather than through requirements for additional on-tire information.
2. Vehicle Placard and Label
NHTSA has decided to amend the existing 571.110 vehicle placard requirement, including providing vehicle manufacturers two options for presenting the required placard information on their vehicles. Manufacturers will either choose to affix vehicles with the vehicle placard proposed in the NPRM or a vehicle placard and tire information label combination as proposed in the NPRM. The agency believes the modifications made by this final rule will make the tire and load information contained on vehicles more noticeable and understandable to consumers and, therefore, increase the chance that this labeling requirement can affect driver behavior to reduce tire failure and thus fatalities and injuries.
NHTSA’s proposal would have required labels to conform in content, format, size, and color to the proposed placard and label. Vehicle manufacturers agreed that NHTSA should specify the label content, however, they asked for more flexibility in the areas of format and size. Vehicle manufacturers also asked to be allowed to present the text not only in English, but also in other languages.
The purpose of the improved placard and label is to make them more noticeable and more explicit. NHTSA believes that arrangement and shape of the labels is irrelevant to these purposes, and therefore, is amending the regulatory language to allow such changes. NHTSA has also re-examined the placard and label and has decided to adopt the suggestion to specify only limited format requirements with minor modifications to the proposal based on comments. These modifications and the agency’s rationale for its decisions regarding the placard and the label are discussed below. The following are examples of the vehicle placard and tire inflation pressure label:
FIGURE 1
FIGURE 2
The proposed placard and label contained a black and white tire symbol icon that was in the upper left hand corner of the placard and label and was 13 millimeters (.51 inches) wide and 14 millimeters (.55 inches) high. Vehicle manufacturer commenters did not state a general objection to the icon although Volkswagen commented that the icon should not be required on a placard if it only shows seating capacity and vehicle capacity weight.
Focus group participants strongly believed that a visual cue, such as a tire symbol icon, would aid drivers in identifying and locating tire information. NHTSA agrees with the participants’ judgment that the icon will attract the driver’s attention and will aid the driver in recognizing that the placard and label contain tire safety information. Because tire information contained on the placard and label is so critical to the safe operation of motor vehicles, NHTSA has decided to retain the tire icon requirement as specified in the proposal. NHTSA believes that consistency in graphics will prevent any confusion about the meaning of the placard and label.
With regard to Volkswagen’s suggestion that the icon only appear on the label if that option is chosen, NHTSA believes the loading information remaining on the placard, which pertains to the load that can be carried at the recommended inflation pressure of the tires, is tire related and should be identified by the icon on the placard. Retaining the icon on the placard will assist participants in understanding the overall meaning/purpose of the placard even if the recommended inflation pressure is located on the label rather than on the placard. Therefore, the rule requires that the black and white tire icon symbol, as represented in Figures 1 and 2, appear on both the placard and label.
Several vehicle manufacturers opposed the use of color on the placard and label claiming high costs and lack of benefits, and that the placard and label are not caution or warning labels and therefore do not follow ANSI protocol. The agency, however, has decided to specify limited color requirements on both the placard and the label to highlight certain information. Yellow on a black background is required for the headings of the placard and label and for the phrase "see owner’s manual for additional information." On the vehicle placard, a red border must differentiate the tire inflation pressure information. Notwithstanding the border shown in Figures 1 and 2, manufacturers are not required to place a border around the entire placard and label.
In response to start-up and production costs for colored placards and labels asserted by certain vehicle manufacturers, the agency notes that vehicle manufacturers are already required to provide colored labels for air bag warnings and for rollover warnings for utility vehicles. Further cost issues regarding colorization of the labels will be addressed in the Costs section of this document.
With regard to the assertion that the agency’s use of colors on the placard and label does not follow the American National Standards Institute ("ANSI") protocol, [8] the agency believes the use of colors on the placard and label will draw attention to the safety information contained on the labels. This belief is supported by survey results and focus group recommendations to add color to the placard.
Survey data indicate that most individuals are unaware of the existence and/or location of the tire inflation pressure and load limit information placards. Surveys also confirm that maximum tire pressure is often confused with recommended inflation pressure. Surveys have not addressed load limit issues, but the results from NHTSA’s focus groups and comments received in response to the ANPRM indicate that consumers are unaware that these limits exist, where they are located, and how to use them.
NHTSA’s focus groups tested different versions of existing and proposed tire placards to help determine the most effective way of attracting the attention of consumers to this information and making it more understandable to them. In response to the testing, focus group participants overwhelmingly preferred color formats with contrasting colors, e.g., yellow on black, instead of black and white formats because the color attracted their attention and aided in their comprehension of the material. Participants also strongly believed that a visual cue, such as a tire symbol icon, would aid drivers in identifying and locating this imperative information.
NTHSA recognizes that ANSI’s mission in developing and issuing its standard for communicating information about a comprehensive hierarchy of hazards differs somewhat from that of the agency’s in designing an effective label to convey specific information and that their conclusions about the manner of communication may differ. Given that agency’s labeling decisions are highly dependent on the facts regarding the specific information being addressed, the agency will make case by case determinations of the extent to which NHTSA should follow voluntary standards versus information from other sources. As it has in this rulemaking, NHTSA will rely on its own expertise and judgment in making its determinations under statutory provisions regarding vehicle safety standards.
Vehicle manufacturer commenters suggested that the label should include the International Organization for Standardization ("ISO") [9] symbol for owner’s manual in place of a statement urging the driver to look in the vehicle owner’s manual for further information. NHTSA disagrees. The statement directing consumers to the owner’s manual is a very important aspect of the agency’s safety message to consumers. Instead of requiring a symbol that a driver may or may not recognize, the agency believes that it is both important and appropriate to have a statement on the label reminding the driver to read the information in the owner’s manual and is requiring that it be included. The agency considered allowing the ISO symbol to be included on the placard or the placard and label in addition to the statement but decided against this option because of the space constraints on the placard and the label and the need to express the required information and statements as clearly as possible.
The agency has decided to adopt the statement "the combined weight of occupants and cargo should never exceed XXX kg or XXX pounds" to replace the phrase "vehicle capacity weight." The "XXX" amount will equal the vehicle capacity weight of the vehicle as defined in FMVSS No. 110. Commenters stated that the new phrase will aid consumers recognizing what factors comprise the vehicle capacity weight and what significance that weight has for the operation of a vehicle. As discussed in the NPRM, the information is the same as that currently required to be placed on the vehicle placard by manufacturers.
Today’s rule requires manufacturers to label the placard and label with the tire size designation for the tire installed as original equipment on the vehicle by the vehicle manufacturer. In response to a suggestion by Subaru, the placard or label will specify that the tire size designation and accompanying recommended inflation pressure be indicated by the heading "original tire size" or "original size." This new requirement replaces that which specifies that the placard and label contain the vehicle’s recommended tire size designation. While in most instances these two numbers would be identical, this minor revision insures that the consumer is provided with the correct tire inflation pressure information for the tire size actually installed on his vehicle as original equipment by the vehicle manufacturer.
As discussed in the NPRM, the agency considered adding a requirement for the vehicle manufacturer to label all recommended optional tire size designations on the vehicle placard and/or tire inflation pressure label. Additionally, some commenters, in response to the proposal, requested that the agency allow additional/optional tire sizes be listed on the placard and label.
The agency continues to believe that that allowing the addition of optional tire sizes, as well as other non-required information, to the placard and label is not appropriate, primarily because listing more than one tire size designation and the corresponding recommended inflation pressure or any additional information would require more information to be added to the already crowded vehicle placard. The agency believes that overcrowding the vehicle placard and/or tire inflation pressure label with information would discourage use of tire inflation pressure information on the placard and/or the label. Additionally, vehicle manufacturers may label this additional information on the certification label. Therefore, this rule will specify a prohibition about "other information" being added to the vehicle placard and label.
Manufacturers also asked to be allowed to present the label text not only in English, but also in other languages. NHTSA’s current policy is to allow a required message to be stated in additional languages once the required English language message was provided. In a March 10, 1994 notice, NHTSA stated:
NHTSA interprets the labeling requirements *** as requiring manufacturers to supply the information in English. Once this requirement is met, manufacturers may supply the same information in other languages, so long as it does not confuse consumers. As long as the non-English language label is a translation of the required information, NHTSA does not interpret it to be "other information." (59 FR 11200, at 11201-202).
As stated above, the placard and label requirements will include a prohibition against "other information." NHTSA will not consider translations of the required placard and label message to be "other information." However, all the requirements for the English label message must be met, including the requirement, as discussed below, that the content must be "legible, visible, and prominent."
The agency also concurs with this commenter’s suggestion to allow abbreviations for measurements, e.g., "lbs." and "kg." and will permit manufacturers to provide abbreviations for measurements at their discretion.
NHTSA, continues to believe that an important and overriding consumer information element of the placard and label is that they are located in an accessible and predictable location in motor vehicles. This belief was strongly supported by a focus group consensus and by comments to the NPRM.
NHTSA, in viewing a uniform location of the placard and label as a preeminent concern, has re-examined the labels, and the proposed vehicle locations for the labels, and agrees that there would be issues at some locations about the sufficiency of the space for the placement of the labels of the proposed specifications. In response to comments from manufacturers that some unspecified vehicles do not contain B-pillars or door edges, NHTSA has added a second alternative requirement to the requirement that the vehicle placard and tire inflation pressure label be located on the driver’s side B-pillar. As proposed in the NPRM, the rule requires that if a vehicle does not have a B-pillar, then the placard or placard and label would be placed on the edge of the driver’s door. Also with this rule, if a vehicle does not have a driver’s side B-pillar and the driver’s side door edge is too narrow or does not exist, the placard or placard and label are required to be affixed to the inward facing surface of the vehicle next to the driver’s seating position. The agency believes that this will allow manufacturers two alternatives if it is not possible to place the placard or placard and label on the B-pillar. Allowing manufacturers to place the placard or placard and label on the inward facing surface next to the driver accommodates vehicles that do not have a driver’s side B-pillar or driver’s side door edge or have a driver’s side door edge that is too narrow and is similar to one of the alternative placement specifications for Certification Labels in § 567.8.
In response to manufacturer concerns that it will not be feasible to fit the placard or placard and label on the B-pillar or door edge, NTHSA is not specifying a particular size, dimension or shape for the label. Despite the absence of any current requirement about placard or label size, no commenter provided an example of a vehicle placard that the commenter regarded as too small.
With respect to the size of the text on the placard and label, NHTSA learned from focus groups that the public generally prefers larger fonts in label text because it is easier to read. This helps ensure the placard and label will effectively convey the message to the reader. NHTSA, in its proposal, considered mandating a minimum font size for the text, but has not done so for two reasons. First, it is hard to specify a single font size that would assure ease of reading with all possible typefaces. Second, NHTSA does not think it necessary to specify a regulatory requirement for font size to assure that manufacturers will make the message large enough to be easily read. Additionally, NHTSA has not required any particular font face, size, or case for the vehicle placard. Manufacturers who choose the option to use both the placard and label may wish to use the same font face, size, and case in both labels. Today’s rule allows them the flexibility to do so. NHTSA has, therefore, decided not to specify either a particular font face or font size or case for the placard and label. As other label sizes (e.g., rollover, air bag) have not been a problem for the agency in the past, the final rule will similarly specify that the text on the placard and label be "legible, visible, and prominent" to the driver. If the agency becomes aware of cases in which the size of the placard’s and label’s text is too small, we will revise the rule to specify label and font size.
This rule also recognizes that the tire inflation pressure label will be placed proximate to the vehicle placard. A standardized location for placard and label will contribute to consumer awareness of recommended tire inflation pressure and load limits by providing a consistent and predictable place for this information. Vehicle manufacturers provided a number of alternative locations for the placard and label citing difficulties in fitting the placard or label on the B-pillar or door edge. The agency, however, notes that it has provided manufacturers with great flexibility concerning the size, shape and dimension of the placard and label. This flexibility provides manufacturers great latitude to design the placard and label in a manner that can be configured to virtually every vehicle design. Furthermore, there would be no prohibition on placing additional tire inflation pressure labels on the vehicle in locations other than the B-pillar, except as precluded by other safety standards.
NTEA and the Alliance commented that the proposed requirement for all light vehicles to be labeled with the vehicle capacity weight (expressed as "the combined weight of occupants and cargo should never exceed…") would create problems for manufacturers, both primary, secondary, and final, of multistage vehicles. More specifically, these commenters expressed concern that the vehicle capacity weight labeled on the placard by the primary manufacturer would be rendered invalid by subsequent modifications and, additionally, that there would be excessive costs associated with the secondary manufacturers being required to physically weigh the finished vehicle to determine the vehicle capacity weight. Additionally, NTEA suggested that alterers be permitted to replace or cover over original placards with those containing updated and accurate information for the altered vehicle.
NHTSA notes that final stage manufacturers are already required to know, before certifying the vehicle,
the GVWR, the unloaded vehicle weight, and the passenger weight for the vehicle. With this information,
final-stage manufacturers should be able to calculate easily the vehicle capacity weight of the vehicle.
NHTSA, however, agrees with commenters that the issues regarding the placarding responsibility for
multi-stage manufactured and altered vehicles need to be addressed. The agency has decided that
1) incomplete and intermediate manufacturers need not affix a placard to an incomplete vehicle,
2) alterers must affix a new placard, containing accurate information for the altered vehicle, over the
placard installed by the vehicle manufacturer, so as to obscure the original placard and
3) final stage manufacturers must label vehicles with vehicle capacity weight and seating designations
"as finally manufactured," utilizing information contained in the document ("IVD") required by § 568.4 to
be provided by incomplete and intermediate vehicle manufacturers and the information particular to their
role in the manufacture of the vehicle.
All commenters concurred that the owner’s manual, as a single, reliable source containing the proposed required information for the tires and tire safety information listed above would aid consumers in properly maintaining their tires and adhering to load limits.
Today’s rule requires owner’s manuals to include the following statements and information: