Consumer information: Uniform tire quality grading standards,
[Federal Register: May 21, 1998 (Volume 63, Number 98)]
[Proposed Rules]
[Page 27911-27915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my98-41]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3251]
RIN 2127-AG67
Consumer Information Regulations; Uniform Tire Quality Grading Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation.
ACTION: Notice of proposed rulemaking.
SUMMARY: This rulemaking action follows the agency's granting of a petition filedby the Association of International Automobile Manufacturers (AIAM) for rulemaking to amend the Uniform Tire Quality Grading Standards (UTQGS) to remove the requirement that vehicle manufacturers provide general UTQGS information to purchasers and potential purchasers at the point of sale of new motor vehicles. That information is normally provided in leaflets that inform customers of the existence of the UTQGS, explain their purpose, and explain how consumers can use UTQGS information in purchasing replacement tires for passenger motor vehicles. Because new passenger cars are typically equipped with tires from any one of a number of tire manufacturers, the leaflets do not contain any information on the tires provided on a specific vehicle.
Pursuant to the AIAM petition, the agency proposes to amend the consumer information regulation by removing the requirement that motor vehicle manufacturers provide general UTQGS information to purchasers and prospective purchasers of new motor vehicles at the point of sale, requiring instead that such information be included in owners' manuals, as some auto manufacturers already do. Elimination of the point-of-sale requirement would remove a burden on motor vehicle manufacturers and dealers, yet should have little effect on consumers. NHTSA believes that the general UTQGS information is of little value to consumers at the point of sale of new vehicles because the vehicles are sold with tires selected by the
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manufacturer and the consumer has limited, if any, choice in selecting tire brands and models. Further, consumers normally have little interest in replacement tires when shopping for or purchasing a new vehicle. The agency believes that consumers would be better served by requiring such information to be included in owners' manuals for the future reference of those consumers when purchasing replacement tires. Finally, this action also proposes to delete the definitions of brake power unit, lightly loaded vehicle weight, maximum loaded vehicle weight, and maximum sustained vehicle speed from part 575 because they are no longer pertinent to the Consumer Information Regulations.
DATES: Comment closing date: Comments on this notice must be received on or before July 20, 1998.
Proposed effective date: If adopted, the amendments proposed herein would become effective for new motor vehicles introduced more than 180 days following publication of the final rule in the Federal Register. Optional early compliance would be permitted beginning on the date of publication of the final rule in the Federal Register.
ADDRESSES: Comments should refer to the docket number noted above and be submitted to: Docket Management, Room PL-401, 400 Seventh Street SW, Washington, DC 20590. Docket room hours are from 10 a.m. to 5 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For technical issues, Mr. P.L. Moore, Safety Standards Engineer, Office of Planning and Consumer Programs, Safety Performance Standards, National Highway Traffic Safety Administration, 400 Seventh Street SW, Washington, DC 20590, telephone (202) 366-5222.
For legal issues: Walter K. Myers, Attorney-Advisor, Office of the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street SW, Washington, DC 20590; telephone (202) 366-2992.
SUPPLEMENTARY INFORMATION:
Background
Section 30123(e) of Title 49, U.S. Code requires the Secretary of Transportation to prescribe a uniform quality grading system for motor vehicle tires. The purpose of such system is to assist consumers in making informed decisions when purchasing tires.
Authority to implement that requirement was delegated to the Administrator of NHTSA. In accordance with that statutory mandate, NHTSA issued the UTQGS in 49 Code of Federal Regulations (CFR), Sec. 575.104. The UTQGS, applicable to new passenger car tires, in general require motor vehicle and tire manufacturers and tire brand name owners to provide consumers with grading information for each tire of which they are the manufacturer or brand name owner with respect to their tires' relative performance regarding treadwear, traction, and temperature resistance. Excluded from the standards are deep tread, winter-type snow tires, space-saver or temporary-use spare tires, tires with nominal rim diameters of 10 to 12 inches, and limited production tires.
Section 575.6(a) of Title 49, CFR requires that at the time a motor vehicle is delivered to the first purchaser for purposes other than resale, the manufacturer of that vehicle must provide, in writing and in the English language, the information specified in Secs. 575.103 and 575.104 that is applicable to the vehicle and its tires. The required information regarding tires is set forth in Sec. 575.104(d)(1)(iii) which requires the vehicle manufacturer to list all possible grades for traction and temperature resistance and restate verbatim the explanation for each of the three performance areas. The information must also contain a statement referring the reader to the tire sidewall for the specific tire grades for the tires with which the vehicle is equipped. In addition, Sec. 575.6(c) requires each manufacturer of motor vehicles, each brand name owner of tires, and each manufacturer of tires for which there is no brand name owner to provide the information specified in subpart B of part 575 \1\ to prospective purchasers at each location at which its vehicles or tires are offered for sale. The subpart B information pertaining to tires specified in Sec. 575.104(d)(1)(ii) is also the general information on tire grading with additional specific grade rating information required only of the tire manufacturer or tire brand name owner.
\1\ Subpart B of 49 CFR Part 575 includes Sec. 575.103, Truck- camper loading; Sec. 575.104, Uniform tire quality grading standards; and Sec. 575.105, Utility vehicles.
The Petition
The AIAM petitioned the agency to amend 49 CFR 575.6(a), (c), and (d), and the applicable portions of Sec. 575.104(d) to delete the requirement that motor vehicle manufacturers provide UTQGS information to purchasers and prospective purchasers at the point of sale of new vehicles. AIAM argues that new vehicles are sold with tires that are selected by the manufacturers for the particular vehicle models. Thus, the tires are not an item of choice for the vehicle purchaser. AIAM states that UTQGS information can be helpful when consumers are shopping for replacement tires, and that such information would be provided by tire manufacturers or brand name owners as required by the regulation.
AIAM asserts that deletion of the requirement for motor vehicle manufacturers and their dealers to provide UTQGS information for new cars would eliminate unnecessary administrative and paperwork expenses for documents that are of no value to purchasers and prospective purchasers of new motor vehicles. AIAM asserts that in its members' experience, consumers do not ask for this information at new car dealerships.
Finally, AIAM states that some vehicle manufacturers currently include UTQGS information in their owners' manuals where it is available to vehicle owners as a reference when considering the purchase of replacement tires.
Agency Analysis and Proposal
NHTSA has no information on the cost of vehicle manufacturers of supplying UTQGS information at all its sales offices. However, considering that approximately 10 to 12 million vehicles are produced annually equipped with passenger car tires for the U.S. domestic market, the current provisions require many millions of leaflets or brochures, since auto manufacturers are required to provide this information not only to purchasers but to prospective purchasers as well. NHTSA believes that the AIAM point is well taken that purchasers, and especially prospective purchasers of new motor vehicles, would not normally be concerned about replacement tires while shopping for or purchasing a new vehicle.
AIAM makes the point that, although not currently required, some vehicle manufacturers include UTQGS information in their owners' manuals. NHTSA believes that to be an excellent practice and an effective source of UTQGS information since owners' manuals are primary references for vehicle owners regarding virtually all aspects of their vehicles, and remain so for the life of the vehicle. Thus, when vehicle owners are ready to replace their tires, their owner's manual is a convenient source of UTQGS information for their consideration in selecting replacement tires.
NHTSA is persuaded by the AIAM petition that UTQGS information would be of more value to consumers if set forth in owners' manuals rather than in new car show rooms. Accordingly, NHTSA proposes to amend, among other things, Sec. 575.6(a)(1) by requiring
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vehicle manufacturers to include Sec. 575.104 information in the owner's manual of each vehicle it produces; and to amend paragraph (d)(1)(iii) of Sec. 575.104 to require that the UTQGS information prescribed in Sec. 575.104, Figure 2, Part II, be included in each vehicle's owner's manual. Those amendments would have the effect of deleting the requirement that vehicle manufacturers provide UTQGS information to purchasers and prospective purchasers of new passenger cars at the point of sale location, and to make that information available to vehicle owners in their owners' manuals. Thus, the information would still be available to consumers, yet would relieve manufacturers of the burden of providing quantities of information of questionable value to purchasers and prospective purchasers of new passenger cars.
NHTSA also proposes to delete the definitions of brake power unit, lightly loaded vehicle weight, maximum loaded vehicle weight, and maximum sustained vehicle speed from Sec. 575.2(c) because they are no longer pertinent to Part 575. Those definitions applied to Secs. 575.101, Vehicle stopping distance; 575.102, Tire reserve load; and 575.106, Acceleration and passing ability, all of which have been removed from Part 575 in previous rulemaking actions. In addition, NHTSA proposes to revise Example 2 in Sec. 575.6(a)(1) to be more representative of the type of tables that might appear in response to Sec. 575.103.
Finally, NHTSA proposes to amend Sec. 575.104(c)(1) to exclude tires with nominal rim diameters of 12 inches or less, rather than tires with nominal rim diameters of 10 to 12 inches. NHTSA is proposing this change in order to eliminate any ambiguity about grading tires smaller than 10 inches, such as tires with rim diameters of 8 inches, that should also be excluded. NHTSA notes that there are few passenger car applications in the U.S. of tires with rim diameters of 12 inches or less.
Issues for NHTSA's Evaluation
As stated above, the objective of the UTOGS is to provide meaningful comparative information to consumers that will assist them in making informed selections when purchasing passenger car tires. NHTSA continues its interest in providing the most effective and efficient ways of promulgating that information. Therefore, in order to obtain additional data for the agency's evaluation of the issues raised in this petition, NHTSA solicits comments on the following specific questions:
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To what extent do consumers and potential consumers consider the UTOGS information provided by vehicle manufacturers at the point of sale of new passenger cars?
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What costs are incurred in the preparation, printing, and distribution of UTOGS information at the point of sale of new passenger cars?
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In what quantities do vehicle manufacturers currently dispense UTOGS information at the point of sale of new passenger cars?
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How much lead time would be required and what costs would be incurred or saved by vehicle manufacturers by not having to provide UTOGS information at the point of sale, but by having to include such information in owners' manuals?
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How much time is currently devoted by manufacturers to the preparation and distribution of UTOGS information to purchasers and prospective purchasers of new passenger cars?
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Should any information be added to or deleted from that UTOGS information currently required?
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What would be the costs and/or other problems for passenger car manufacturers to provide, in leaflet form or in the owner's manual, the UTOGS ratings for the specific tires provided on each individual vehicle?
Rulemaking Analyses and Notices
(a) Executive Order 12866 and DOT Regulatory Policies and Procedures.
This document was not reviewed under Executive order 12866, Regulatory Planning and Review. NHTSA has analyzed the impact of this rulemaking action and has determined that it is not ``significant'' under the DOT's regulatory policies and procedures. This proposed action would relieve motor vehicle manufacturers of the requirement to provide UTOGS information to purchasers and prospective purchasers of new motor vehicles at the points of sale of those vehicles, but would require the manufacturers of vehicles equipped with passenger car tires to include that UTOQS information in the owner's manual of each individual such vehicle. Thus, although this proposed action, if finalized, would relieve vehicle manufacturers of one requirement and impose another, NHTSA believes that the cost of adding UTOQS information to owners' manuals, which vehicle manufacturers are already required to provide, would be minimal and in any case, less than the cost of preparing and providing separate UTOQS information at new vehicle dealerships. AIAM pointed out in its petition that some vehicle manufacturers already include UTOQS information in their owners' manuals. NHTSA believes, therefore, that implementation of this proposed regulatory action would result in an as-yet undetermined net overall cost savings to vehicle manufacturers. The agency hopes to receive more specific cost information from the public comments (see question No. 4, Issues for NHTSA's Evaluation, above). The agency believes, however, that any net cost savings would be minimal, therefore not warranting preparation of a full regulatory evaluation.
(b) Regulatory Flexibility Act. NHTSA has considered the effects of this rulemaking action under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). I hereby certify that this notice of proposed rulemaking would not have a significant impact on a substantial number of small entities.
The following is the agency's statement providing the factual basis for the certification (5 U.S.C. 605(b)). The amendments proposed herein would primarily affect manufacturers of passenger cars and multipurpose passenger vehicles (MPV) that are equipped with passenger car tires. The Small Business Administration (SBA) regulation 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)).
SBA's size standards are organized according to Standard Industrial Classification (SIC) codes. SIC code No. 3711, ``Motor Vehicles and Passenger Car Bodies,'' has a small business size standard of 1,000 employees of fewer. SIC code No. 3714, ``Motor Vehicle Parts and Accessories,'' has a small business size standard of 750 or fewer employees.
For manufacturers of passenger cars and MPVs, NHTSA estimates that there are at most 5 small manufacturers of passenger cars in the U.S. Because each such manufacturer serves a niche market, often specializing in replicas or ``classic'' cars, production for each such manufacturer is fewer than 100 cars per year. Thus, there are at most 500 such cars manufactured per year by U.S. small businesses.
By contrast, NHTSA estimates that there are 9 large manufacturers of passenger cars and light trucks and vans (LTV) in the U.S. Total U.S. manufacturing production per year is approximately 15 to 15.5 million passenger cars and LTVs. Thus, NHTSA does not believe that small businesses manufacture even 0.1 percent of the total U.S. passenger car and LTV production per year.
In view of the above discussion, NHTSA believes that small businesses, small organizations, and small governmental units would be affected
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by the proposed amendments only to the extent that there could be a very slight, minimal decrease in the cost of new passenger cars. Thus, the agency has not prepared a preliminary regulatory flexibility analysis.
(c) Executive Order No. 12612, Federalism. NHTSA has analyzed this rulemaking action in accordance with the principles and criteria of E.O. 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
(d) National Environmental Policy Act. NHTSA has analyzed this rulemaking action for the purposes of the National Environmental Policy Act and has determined that implementation of this rulemaking action will not have any significant impact on the quality of the human environment.
(e) Paperwork Reduction Act. The provisions of the proposed amendments herein requiring manufacturers to provide information in owners' manuals explaining the UTQGS tire quality grades for the benefit of consumers are considered to be third-party information collection requirements as defined by the Office of Management and Budget (OMB) in 5 CFR part 1320. The information collection requirements for 49 CFR part 575 have been submitted to and approved by OMB pursuant to the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. This collection of information authority has been assigned control numbers 2127-0049 for part 575, excluding the UTQGS; and 2127-0519 for Sec. 575.104 (UTQGS).
(f) Civil Justice Reform. These proposed amendments would have no retroactive effect. Under 49 U.S.C. 30103(b), whenever a Federal motor vehicle safety standard is in effect, a state or political subdivision of a state may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle only if the standard is identical to the Federal standard. However, the United States Government, a state or political subdivision of a state may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the Federal standard. 49 U.S.C. 30161 sets forth a procedure for judicial review of final rules establishing, amending or revoking Federal motor vehicle safety standards. A petition for reconsideration or other administrative proceedings is not required before parties may file suit in court.
Comments
Interested persons are invited to submit comments on the amendments proposed herein. It is requested but not required that any comments be submitted in duplicate (original and 1 copy).
Comments must not exceed 15 pages in length (49 CFR 553.21). This limitation is intended to encourage commenters to detail their primary arguments in concise fashion. Necessary attachments, however may be appended to those comments without regard to the 15-page limit.
If a commenter wishes to submit certain information under a claim of confidentiality, 3 copies of the complete submission, including the purportedly confidential business information, should be submitted to the Chief Counsel, NHTSA, at the street address noted above and 1 copy from which the purportedly confidential information has been deleted should be submitted to Docket Management. A request for confidentiality should be accompanied by a cover letter setting forth the information in 49 CFR part 512, Confidential Business Information.
All comments received on or before the close of business on the comment closing date indicated above for the proposal will be considered, and will be available to the public for examination in the docket at the above address both before and after the closing date. To the extent possible, comments received after the closing date will be considered. Comments received too late for consideration in regard to the final rule will be considered as suggestions for further rulemaking action. Comments on today's proposal will be available for public inspection in the docket. NHTSA will continue to file relevant information in the docket after the closing date, and it is recommended that interested persons continue to monitor the docket for new material.
Those persons desiring to be notified upon receipt of their comments in the rule docket should enclose a self-addressed stamped postcard in the envelope with their comments. Upon receiving the comments the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 575
Consumer protection, Labeling, Motor vehicle safety, Motor vehicles, Rubber and rubber products, Tires.
In consideration of the foregoing, 49 CFR part 575 would be amended as follows:
PART 575--CONSUMER INFORMATION REGULATIONS
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The authority citation for part 575 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50.
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Section 575.2(c) would be amended by removing the definitions of Brake power unit, Lightly loaded vehicle weight, Maximum loaded vehicle weight, and Maximum sustained vehicle speed.
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Section 575.6 would be amended by revising paragraphs (a)(1), (d)(1)(i), (d)(1)(ii), and (d)(2). Section 575.104 would be amended by revising (c)(1); (d)(1)(ii); and (d)(1)(iii), to read as follows:
Sec. 575.6 Requirements.
(a)(1) At the time a motor vehicle is delivered to the first purchaser for purposes other than resale, the manufacturer of that vehicle shall provide the Uniform Tire Quality Grading information required by Sec. 575.104(d)(1)(iii) in the owner's manual of each vehicle it produces. The vehicle manufacturer shall also provide to the purchaser, in writing and in the English language, the information specified in Sec. 575.103 of this part that is applicable to that vehicle. The information provided with a vehicle may contain more than one table, but the document must either:
(i) Clearly and unconditionally indicate which of the tables apply to the vehicle with which it is provided, or
(ii) contain a statement on its cover referring the reader to the vehicle certification label for specific information concerning which of the tables apply to that vehicle. If the manufacturer chooses option in paragraph (a)(1)(ii) of this section, the vehicle certification label shall include such specific information.
Example 1. Manufacturer X furnishes a document containing several tables that apply to various groups of vehicles that it produces. The document contains the following notation on its front page: ``The information that applies to this vehicle is contained in Table 5.'' That notation satisfies the requirement.
Example 2. Manufacturer Y furnishes a document containing several tables as in Example 1, with the following notation on its front page:
``Information applies as follows:
Model P. Regular cab, 135 in. (3,430 mm) wheel base--Table 1. Model P. Club cab, 142 in. (3,607 mm) wheel base--Table 2. Model Q--Table 3.''
This notation does not satisfy the requirement, since it is conditioned on the
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model or the equipment of the vehicle with which the document is furnished, and therefore additional information is required to select the proper table. * * * * *
(d)(1)(i) Except as provided in paragraph (d)(1)(ii) of this section, in the case of all sections of subpart B other than Sec. 575.104, as they apply to information submitted prior to new model introduction, each manufacturer of motor vehicles shall submit to the Administrator 2 copies of the information specified in subpart B of this part that is applicable to the vehicles offered for sale, at least 90 days before information on such vehicles is first provided for examination by prospective purchasers pursuant to paragraph (c) of this section.
(ii) Where an unforeseen preintroduction modification in vehicle design or equipment results in a change in vehicle performance for a characteristic included in subpart B of this part, a manufacturer of motor vehicles may revise information previously furnished under paragraph (d)(1)(i) of this section by submission to the Administrator of 2 copies of the revised information reflecting the performance changes, at least 30 days before information on such vehicles is first provided to prospective purchasers pursuant to paragraph (c) of this section.
(d)(2) In the case of Sec. 575.104, and all other sections of subpart B as they apply to post-introduction changes in information submitted for the current model year, each manufacturer of motor vehicles, each brand name owner of tires, and each manufacturer of tires for which there is no brand name owner shall submit to the Administrator 3 copies of the information specified in subpart B of this part that is applicable to the vehicles or tires offered for sale, at least 30 days before it is first provided for examination by prospective purchasers pursuant to paragraph (c) of this section. * * * * *
Sec. 575.104 Uniform Tire Quality Grading Standards.
* * * * *
(c) Application: (1) This section applies to new pneumatic tires for use on passenger cars. However, this section does not apply to deep tread, winter-type snow tires, space-saver or temporary use spare tires, tires with nominal rim diameters of 12 inches or less, or to limited production tires as defined in paragraph (c)(2) of this section. * * * * *
(d) * * * (1) * * *
(ii) In the case of the information required by Sec. 575.6(c) to be furnished to prospective purchasers of tires, each tire manufacturer or band name owner shall, as part of that information, list all possible grades for traction and temperature resistance, and restate verbatim the explanation for each performance area specified in Figure 2. The information need not be in the same format as in Figure 2. The information must indicate clearly and unambiguously the grade in each performance area for each tire of that manufacturer or brand name owner offered for sale at the particular location.
(iii) Each manufacturer of motor vehicles equipped with passenger car tires shall include in the owner's manual of each such vehicle a list of all possible grades for traction and temperature resistance and restate verbatim the explanation for each performance area specified in Figure 2, Part II. The information need not be in the exact format of Figure 2, Part II, but it must contain a statement referring the reader to the tire sidewall for the specific tire grades for the tires with which the vehicle is equipped, as follows:
Uniform Tire Quality Grading
Quality grades can be found where applicable on the tire sidewall between tread shoulder and maximum section width. For example:
Treadwear 200 Traction AA Temperature A
* * * * *
Issued on May 13, 1998. L. Robert Shelton, Associate Administrator for Safety Performance Standards.
[FR Doc. 98-13277Filed5-20-98; 8:45 am]
BILLING CODE 4910-59-M
