Federal Register, Volume 78 Issue 7 (Thursday, January 10, 2013)

[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Proposed Rules]
[Pages 2236-2239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00315]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

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

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

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

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This document proposes several minor amendments to Federal
Motor Vehicle Safety Standard (FMVSS) No. 119 to revise the formatting
and replace a missing footnote in Table II. FMVSS No. 119 was amended
in a final rule published on June 26, 2003 as part of a comprehensive
upgrade of several FMVSSs to improve tire safety, as required by the
Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act of 2000. The agency believes that this proposed revision is
appropriate to correct minor oversights made in the June 2003 final
rule for FMVSS No. 119.

DATES: Submit comments on or before March 11, 2013.

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

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Abigail Morgan, Office of Crash Avoidance Standards (Telephone: 202-
366-6005; Fax: 202-493-2990). For legal issues, you may contact David
Jasinski, Office of the Chief Counsel (Telephone: 202-366-2992; Fax:
202-366-3820). You may send mail to both of these officials at the
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New
pneumatic tires for motor vehicles with a gross vehicle weight rating
(GVWR) of more than 4,536 kilograms (10,000 pounds) and motorcycles,
specifies tire

[[Page 2237]]

performance requirements, including a strength test. When FMVSS No. 119
was established in 1973, it adopted the strength test from FMVSS No.
109.\1\ The strength test in FMVSS No. 109, originally issued in 1967,
was adopted from the Society of Automotive Engineers (SAE) Recommended
Practice J918b--Passenger Car Tire Performance Requirements and Test
Procedures (January 1967).^{2, 3} As part of the strength test,
a plunger is driven into a tire. The tire must not be punctured before
a minimum energy value is reached.
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\1\ See FMVSS No. 119 Proposed Motor Vehicle Safety Standard, 37
FR 13481 (Jul. 8, 1972).
\2\ See FMVSS No. 109 Advance Notice of Proposed Rulemaking, 32
FR 2417 (Feb. 3, 1967).
\3\ SAE is an organization that develops voluntary standards for
aerospace, automotive, and other industries. Many of SAE's
recommended practices are developed using technical information
supplied by vehicle manufacturers and automotive test laboratories.
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The tire strength test was designed to evaluate the strength of the
reinforcing materials in bias ply tires, typically rayon, nylon, or
polyester, and it continues to serve a purpose for these tires. Today,
bias tires have been almost completely replaced by radial tires in the
U.S.; however, a small market for bias tires still remains.
The breaking energy requirements established in the SAE J918b tire
strength test were higher for nylon and polyester cord tires than for
rayon cord tires in order to ensure that the strength test stringency
was comparable for different tire cord materials.\4\ As a result, when
the FMVSS No. 119 strength test was established, Table II was
accompanied by the note: ``For rayon cord tires, applicable energy
values are 60 percent of those in the table.'' \5\
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\4\ See SAE Recommended Practice J918b--Passenger Car Tire
Performance Requirements and Test Procedures (January 1967) Section
3.1.
\5\ FMVSS No. 119 Final Rule, 38 FR 31302 (Nov. 13, 1973).
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In 1998, NHTSA revised FMVSS No. 119 by providing equivalent metric
conversions to the standard's English measurements.\6\ The following
sentence was added as a footnote to the table to explain the metric
conversions stating: ``J measurements are rounded down to the nearest
whole number.''
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\6\ See 68 FR 28912 (May 27, 1998).
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In the 1998 notice, some errors were made in the Table II headings.
The agency attempted to correct the headings in 2003; however, there
were several issues with the reprinted Table II.\7\ Many of the minimum
static breaking energy values were inadvertently omitted from the
table. Additionally, the two footnotes were not printed with the table.
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\7\ See 68 FR 38166 (Jun. 26, 2003).
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In 2007, the headings and content of Table II were corrected in a
Federal Register notice, but again the footnotes were not printed with
the table.\8\
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\8\ See 72 FR 49207 (Aug. 28, 2007). When Table II, as revised
in 2007, was reprinted in the Code of Federal Regulations, the
values in the table were printed incorrectly. The table was recently
corrected in a Federal Register notice published on September 6,
2012. See 77 FR 54836.
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In 2010, NHTSA issued a Notice of Proposed Rulemaking (NPRM) that
proposed an upgrade to FMVSS No. 119.\9\ Although the agency proposed
several technical corrections to FMVSS No. 119 in the 2010 NPRM, the
NPRM did not include any changes to Table II.
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\9\ 75 FR 60036 (Sept. 29, 2010).
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II. Proposed Correction to Table II and Formatting Change

In May 2012, Continental Tire of the Americas (Continental)
contacted NHTSA to inquire about the tire strength test requirements
for rayon cord tires, because they noted the omission of the above-
mentioned footnote in Table II, which specified a lower breaking energy
requirement for rayon cord tires. After looking into Continental's
question, NHTSA has determined that two footnotes for Table II of FMVSS
No. 119 were inadvertently removed from the standard. Due to the length
of time that has passed since the footnotes were removed in 2003, the
agency decided to issue this Supplemental Notice of Proposed Rulemaking
(SNPRM) to reinstate one of the footnotes. The other footnote does not
need to be reinstated.
This SNPRM proposes to reinstate the missing footnote for Table II
related to the breaking energy requirements for rayon cord tires, which
reads as follows: ``For rayon cord tires, applicable energy values are
60 percent of those in table.'' This footnote was present in FMVSS No.
119 from when the standard was first issued in 1973 until it was
inadvertently omitted in 2003.
The breaking energy requirement for rayon cord tires is less than
other materials to make the severity of the test comparable to tires
made of other cord materials. The breaking energy requirement for rayon
cord tires for light vehicles in FMVSS No. 109 remain less than the
requirement for nylon or polyester cord tires. The agency can determine
whether a tire is composed of rayon cord from information that is
required by S6.5(f) of FMVSS No. 119 to be molded on the tire's
sidewall.
The agency is not proposing the replacement of the footnote for
Table II related to rounding. When NHTSA added metric conversions to
FMVSS No. 119 in 1998, the agency's principle for converting English
system measurements to the metric system favored equivalent
conversions, not exact ones.\10\ The footnote to Table II stating that
measurements in joules were rounded down to the nearest whole number
merely reflected this principle. The agency no longer believes that a
footnote explaining the rounding procedure is necessary in the
regulatory text.
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\10\ 63 FR 28912.
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The agency is also proposing three non-substantive formatting
changes to Table II in this SNPRM. First, some of the headings have
been revised to more clearly explain the tire characteristics. Second,
the heading row alignment has been modified. Third, the order of the
columns in the right portion of the table for tires other than light
truck, motorcycle, and 12 rim diameter code or smaller has been
modified to group tube type and tubeless tires together. The agency
believes that these formatting changes will make Table II easier to
read.

III. Technical Corrections

We have discovered an error in the descriptions of the formula for
computing the breaking energy of a tire in metric located in S7.3(f) of
FMVSS No. 119. In S7.3(f)(1), the breaking energy (W) is reported in
joules (J); however, the explanation incorrectly states the unit
abbreviation for joules as kJ, which is the abbreviation for
kilojoules. In S7.3(f)(2), unit abbreviations are not included in the
explanation and the breaking energy equation formatting is inconsistent
with S7.3(f)(1). We are proposing to correct these errors.

IV. Public Participation

How do I prepare and submit comments?

Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit your comments electronically to the docket following
the steps outlined under ADDRESSES.

[[Page 2238]]

You may also submit two copies of your comments, including the
attachments, by mail to Docket Management at the beginning of this
document, under ADDRESSES.

How can I be sure that my comments were received?

If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How do I submit confidential business information?

If you wish to submit any information under a claim of
confidentiality, you should submit the following to the NHTSA Office of
Chief Counsel (NCC-110), 1200 New Jersey Avenue SE., Washington, DC
20590: (1) A complete copy of the submission; (2) a redacted copy of
the submission with the confidential information removed; and (3)
either a second complete copy or those portions of the submission
containing the material for which confidential treatment is claimed and
any additional information that you deem important to the Chief
Counsel's consideration of your confidentiality claim. A request for
confidential treatment that complies with 49 CFR part 512 must
accompany the complete submission provided to the Chief Counsel. For
further information, submitters who plan to request confidential
treatment for any portion of their submissions are advised to review 49
CFR part 512, particularly those sections relating to document
submission requirements. Failure to adhere to the requirements of Part
512 may result in the release of confidential information to the public
docket. In addition, you should submit two copies from which you have
deleted the claimed confidential business information, to Docket
Management at the address given at the beginning of this document under
ADDRESSES.

Will the agency consider late comments?

We will consider all comments that submitted to the docket before
the close of business on the comment closing date indicated at the
beginning of this notice under DATES. In accordance with our policies,
to the extent possible, we will also consider comments received after
the specified comment closing date. If we receive a comment too late
for us to consider in developing the proposed rule, we will consider
that comment as an informal suggestion for future rulemaking action.

How can I read the comments submitted by other people?

You may read the comments received on the Internet. To read the
comments on the Internet, go to http://www.regulations.gov and follow
the on-line instructions provided.
You may download the comments. The comments are imaged documents,
in either TIFF or PDF format. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we recommend that you periodically search the
Docket for new material.
You may also read the comments at the address and times given near
the beginning of this document under ADDRESSES.

V. Rulemaking Analyses and Notices

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the Department of
Transportation's regulatory policies and procedures. This rulemaking is
not considered significant and was not reviewed by the Office of
Management and Budget under E.O. 12866, ``Regulatory Planning and
Review.'' The rulemaking action has also been determined not to be
significant under the Department's regulatory policies and procedures.
This SNPRM would impose no costs upon tire manufacturers. If
adopted, the changes proposed in this SNPRM would correct minor errors
to Table II of FMVSS No. 119. These changes would impose no costs on
manufacturers, nor do we expect that these changes would result in
quantifiable benefits. For information on the costs and benefits of the
proposed upgrade to FMVSS No. 119, please see the September 29, 2010
NPRM \11\ and the accompanying Preliminary Regulatory Evaluation.\12\
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\11\ 75 FR 60036.
\12\ See Docket No. NHTSA-2010-0132-0002.
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B. Other Rulemaking Analyses and Notices

For information on the Regulatory Flexibility Act, Executive Order
13132 (Federalism), the National Technology Transfer and Advancement
Act, the Unfunded Mandates Reform Act, the National Environmental
Policy Act, Executive Order 12988 (Civil Justice Reform), and the
Paperwork Reduction Act, related to the agency's proposed upgrade to
FMVSS No. 119, please see the September 29, 2010 NPRM.\13\ As this
SNPRM proposes only to unintentional errors to Table II and make
technical corrections, it will not have any effect on the agency's
analysis in those areas.
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\13\ 75 FR 60036.
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C. Regulatory Identifier Number (RIN)

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

D. Privacy Act

Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.

In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 of Title 49 continues to read as
follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.

0
2. Amend section 571.119 by revising paragraphs S7.3(f)(1), S7.3(f)(2)
and Table II to read as follows:

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

* * * * *
S7.3 * * *
(f) * * *

(1) W = [(F x P)/2] x 10^-\3\

Where:

W = Breaking energy in joules (J),
F = Force in newtons (N), and
P = Penetration in millimeters (mm), or;

(2) W = (F x P)/2

[[Page 2239]]

Where:

W = Breaking energy in inch-pounds (in-lb),
F = Force in pounds (lb), and
P = Penetration in inches (in).

* * * * *

Table II--Minimum Static Breaking Energy
[Joules (J) and Inch-Pounds (in-lb)]
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Tire characteristic Motorcycle All 12 rim Tubeless 17.5 Tires other than light truck, motorcycle, 12 rim diameter code or
----------------------------------------------------- diameter code rim diameter smaller
or smaller code or -------------------------------------------------------------------
except smaller and Tube type greater than 12 rim Tubeless greater than 17.5 rim
7.94 \5/ motorcycle light truck diameter code diameter code
Plunger diameter (mm and inches) mm 16\'' ---------------------------------------------------------------------------------------------------
19.05 \3/ 19.05 \3/ 31.75 1\1/ 38.10 1\1/ 31.75 1\1/ 38.10 1\1/
mm 4\'' mm 4\'' mm 4\'' mm 2\'' mm 4\'' mm 2\''
--------------------------------------------------------------------------------------------------------------------------------------------------------
Breaking energy J in-lb J in-lb J in-lb J in-lb J in-lb J in-lb J in-lb
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Load Range:
A............................... 16 150 67 600 225 2,000 ...... ....... ...... ....... ...... ....... ...... .......
B............................... 33 300 135 1,200 293 2,600 ...... ....... ...... ....... ...... ....... ...... .......
C............................... 45 400 203 1,800 361 3,200 768 6,800 ...... ....... 576 5,100 ...... .......
D............................... ...... ...... 271 2,400 514 4,550 892 7,900 ...... ....... 734 6,500 ...... .......
E............................... ...... ...... 338 3,000 576 5,100 1,412 12,500 ...... ....... 971 8,600 ...... .......
F............................... ...... ...... 406 3,600 644 5,700 1,785 15,800 ...... ....... 1,412 12,500 ...... .......
G............................... ...... ...... ...... ...... 711 6,300 ...... ....... 2,282 20,200 ...... ....... 1,694 15,000
H............................... ...... ...... ...... ...... 768 6,800 ...... ....... 2,598 23,000 ...... ....... 2,090 18,500
J............................... ...... ...... ...... ...... ...... ...... ...... ....... 2,824 25,000 ...... ....... 2,203 19,500
L............................... ...... ...... ...... ...... ...... ...... ...... ....... 3,050 27,000 ...... ....... ...... .......
M............................... ...... ...... ...... ...... ...... ...... ...... ....... 3,220 28,500 ...... ....... ...... .......
N............................... ...... ...... ...... ...... ...... ...... ...... ....... 3,389 30,000 ...... ....... ...... .......
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Note: For rayon cord tires, applicable energy values are 60 percent of those in table.

* * * * *

Issued on: January 2, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-00315 Filed 1-9-13; 8:45 am]
BILLING CODE 4910-59-P