Federal Motor Vehicle Safety Standards; Tire Selection and Rims, 78724-78728 [2016-27051]
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PART 52—[APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS]
Dated: October 27, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.
1. The authority for citation for part 52
continues to read as follows:
■
§ 52.2270
*
Authority: 42 U.S.C. 7401 et seq.
40 CFR part 52 is amended as follows:
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding an entry at the end of the
table to read as follows:
Subpart SS—Texas
Identification of plan.
*
*
(e) * * *
*
*
2. In § 52.2270(e), the table titled
‘‘EPA Approved Nonregulatory
■
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
*
*
DFW nine-county area US67/IH–
35E HOV Lane TCM to traffic
signalization TCMs.
*
Dallas-Fort
Worth:
Dallas,
Tarrant, Collin, Denton, Parker,
Johnson, Ellis, Kaufman and
Rockwall Counties.
*
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[FR Doc. 2016–27057 Filed 11–8–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2016–0058]
RIN 2127–AL24
Federal Motor Vehicle Safety
Standards; Tire Selection and Rims
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
AGENCY:
This document amends
Federal Motor Vehicle Safety Standard
(FMVSS) No. 110 to make it clear that
special trailer (ST) tires are permitted to
be installed on new trailers with a gross
vehicle weight rating (GVWR) of 4,536
kg (10,000 lbs.) or less. It also excludes
these trailers from a requirement that a
tire must be retained on its rim when
subjected to a sudden loss of tire
pressure and brought to a controlled
stop from 97 km/h (60 mph). The
agency proposed these changes and,
after a review of the comments received,
has determined that these two revisions
are appropriate and will not result in
any degradation of motor vehicle safety.
DATES: This final rule is effective on
November 9, 2016.
SUMMARY:
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State
submittal/
effective
date
Applicable geographic or
nonattainment area
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EPA approval date
8/16/2016
*
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11/9/2016 [Insert Federal
Register citation].
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Petitions for reconsideration: Petitions
for reconsideration of this final rule
must be received by December 27, 2016.
ADDRESSES: Petitions for reconsideration
of this final rule must refer to the docket
number set forth above and be
submitted to the Administrator,
National Highway Traffic Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For
technical issues, you may contact
Patrick Hallan, Office of Crash
Avoidance Standards, by telephone at
(202) 366–9146, and by fax at (202) 493–
2990. For legal issues, you may contact
David Jasinski, Office of the Chief
Counsel, by telephone at (202) 366–
2992, and by fax at (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. Summary of the March 2013 Notice
of Proposed Rulemaking
On June 26, 2003, the agency
published a final rule amending several
Federal Motor Vehicle Safety Standards
(FMVSSs) related to tires and rims.1
That rulemaking was completed as part
of a comprehensive upgrade of existing
safety standards and the establishment
of new safety standards to improve tire
safety, as required by the Transportation
Recall Enhancement, Accountability,
and Documentation Act of 2000 (TREAD
Act). That final rule included extensive
revisions to the tire standards and to the
1 68
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Comments
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rim and labeling requirements for motor
vehicles.
That final rule expanded the
applicability of FMVSS No. 110 to
include all motor vehicles with a gross
vehicle weight rating (GVWR) of 4,536
kg (10,000 pounds) or less, except for
motorcycles. Prior to the enactment of
the TREAD Act, FMVSS No. 110 only
applied to passenger cars and to nonpneumatic spare tire assemblies for use
on passenger cars. In an effort to
coordinate the upgraded vehicle
standard, intended to apply to all
vehicles with a GVWR of 4,536 kg
(10,000 pounds) or less, with the
standards used on tires for vehicles with
a GVWR of 4,536 kg (10,000 pounds) or
less, the language in FMVSS No. 110
was amended to require the use of tires
meeting the new FMVSS No. 139, New
pneumatic radial tires for light vehicles.
The only exceptions provided in
FMVSS No. 110 were for the use of
spare tire assemblies with pneumatic
spare tires meeting the requirements of
FMVSS No. 109 or non-pneumatic spare
tire assemblies meeting the
requirements of FMVSS No. 129.
With the expansion of FMVSS No.
110 to include all motor vehicles with
a GVWR of 4,536 kg (10,000 pounds) or
less, the performance tests and criteria
within the standard became applicable
to all light vehicles, including light
trucks, multipurpose passenger
vehicles, buses, and trailers that had
previously been subject to the
requirements of FMVSS No. 120.
However, FMVSS No. 110 specified a
minimum performance requirement for
rim retention among its many
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requirements. This requirement was not
previously included in FMVSS No. 120
and, therefore, was not applicable to
light trucks, multipurpose passenger
vehicles, buses, and trailers. The
effective date for these requirements
was September 1, 2007, which provided
approximately four years of lead time
from publication of the final rule.2
After the 2003 rule took effect, the
Recreational Vehicle Industry
Association (RVIA) shared two concerns
with NHTSA that the trailer
manufacturing industry had with
FMVSS No. 110. First, RVIA and its
members stated, from a literal reading of
S4.1 of FMVSS No. 110, that special
trailer (ST) tires and tires with rim
diameter codes of 12 or below cannot be
equipped on new trailers that are under
4,536 kg (10,000 pounds) or less because
that section only permits FMVSS No.
139-compliant tires to be equipped on
trailers. Second, RVIA and its members
questioned the need for the rim
retention requirement for trailers in
S4.4.1(b) and whether the dynamic
rapid tire deflation test specified in that
section could be conducted on trailers.
After reviewing these concerns,
NHTSA issued, on its own initiative, a
notice of proposed rulemaking (NPRM)
of March 13, 2013, proposing
amendments to FMVSS No. 110 to
address RVIA’s concerns.3 Specifically,
NHTSA proposed to amend FMVSS No.
110 to make clear that ST tires and tires
with rim diameter codes of 12 or below
can be installed on new trailers with a
GVWR of 4,536 kg (10,000 lbs.) or less.
Second, NHTSA proposed to amend
FMVSS No. 110 to exclude these trailers
from the requirement that a tire must be
retained on its rim when subjected to a
sudden loss of tire pressure and brought
to a controlled stop from 97 km/h (60
mph). NHTSA tentatively determined
that these two revisions would be
appropriate and would not result in any
degradation of motor vehicle safety.
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II. Summary of Comments
NHTSA received six comments on the
proposal.4 RVIA, the National Marine
Manufacturers Association, and the
National Association of Trailer
Manufacturers were fully supportive of
the proposal. The Tire and Rim
Association (TRA) suggested two
revisions to the proposal, both of which
were also supported by the Rubber
Manufacturers Association (RMA). First,
TRA suggested the addition of farm
2 See
71 FR 877 (Jan. 6, 2006).
FR 15920.
4 All of the comments may be viewed at https://
www.regulations.gov in Docket No. NHTSA–2013–
0030.
3 78
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implement (FI) tires to the list of tire
types that are allowed to be equipped on
trailers. Second, TRA suggested that,
with respect to ST tires, FI tires, and
tires with rim diameter codes of 12 or
below, NHTSA require such tires to be
compliant with FMVSS No. 119 rather
than FMVSS No. 109. NHTSA also
received a comment from an individual,
Mr. Steve Brady. Mr. Brady expressed
concern about the safety impact from
excluding trailers from the rim retention
requirement.
III. Response to Comments
A. Use of ST Tires on Trailers With a
GVWR of 4,536 kg (10,000 Pounds) or
Less
As stated in the March 2013 NPRM,
NHTSA believes that S4.1 unnecessarily
and unintentionally restricts the types
of tires that can be used on light trailers.
None of the commenters who addressed
the issue opposed allowing ST tires and
tires with a rim diameter code of 12 of
less to be used on light trailers. NHTSA
has not identified any increased safety
risk associated with the use of ST tires
and tires with rim diameter code of 12
or less on light trailers. Accordingly,
NHTSA is finalizing its proposal to
allow ST tires and tires with a rim
diameter code of 12 or less to be
equipped on light trailers.
TRA’s comments, supported by RMA,
suggest two additions to the proposal
that require brief explanation. First,
TRA suggested that FI tires be added to
the list of tires that can be equipped on
light trailers. We agree that, as with ST
and tires with a rim diameter code of 12
or less, NHTSA did not intend to
exclude the use of FI tires on light
trailers. Nor have we identified any
risks associated with the use of FI tires
on light trailers. Accordingly, this final
rule adds FI tires to the list of tires that
may be equipped on light trailers
contained in FMVSS No. 110.
Second, TRA suggested that the
language of the proposal requiring that
ST tires and tires with a rim diameter
code of 12 or less be compliant with
FMVSS No. 109 be changed to refer to
FMVSS No. 119 instead. TRA’s rationale
behind this comment was that these
tires could not be tested using FMVSS
No. 109 because FMVSS No. 109 does
not contain inflation pressures to use
during testing.
After submitting its comments on this
issue, in June 2013, TRA submitted a
petition for rulemaking requesting that
NHTSA clarify that ST tires, FI tires,
and tires with a rim diameter code of 12
or less are subject to the requirements of
FMVSS No. 119 and not those in
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FMVSS No. 109.5 The broader issue of
whether and how ST tires, FI tires, and
tires with a rim diameter code of 12 or
less can meet FMVSS No. 109 are
beyond the scope of this rulemaking.
That issue may be addressed in
NHTSA’s response to TRA’s petition.
For now, NHTSA believes it is sufficient
to refer to both FMVSS No. 109 and
FMVSS No. 119 as the standards under
which ST tires, FI tires, and tires with
a rim diameter code of 12 or less may
comply.
Therefore, we have revised our
proposal to allow ST tires and tires with
a rim diameter code of 12 of less that
comply with FMVSS No. 109 to be used
on light trailers by adding FI tires to the
list of allowable tires and by also noting
that such tires may also be compliant
with FMVSS No. 119.
B. Rim Retention Requirement for
Trailers
The commenters, with the exception
of Mr. Brady, expressed support for the
proposed amendment to exclude trailers
from the rim retention requirement. Mr.
Brady opposed excluding trailers from
the rim retention requirement. He stated
that the test could be performed by
towing trailers at 60 mph. He also
expressed concern with the number of
tire failures identified in the NPRM. He
directed NHTSA to complaints about a
single ST tire model with 85
complaints. Further, he noted that even
if injury rates are low, there can be
significant property damage resulting
from blowouts. He stated that the
proposal appears to have been made to
lower costs to manufacturers while
exposing the public to risk.
In the NPRM, NHTSA noted that 963
complaints had been received
containing both the words ‘‘tire’’ and
‘‘trailer’’, but 942 of those complaints
were related to the towing vehicle. Only
10 complaints were related to the tire
issues the towed vehicle and 11 were
not sufficiently specific to determine
whether the complaint was related to
the towing vehicle or the trailer.6 Of the
10 complaints relating to trailer tires,
the agency found that only nine
complaints are related to tire failure
(either blowout or tread separation) of
one or more trailer tires. None of the
nine VOQs appear to be related to the
rim retention requirement, and there
were no reported injuries or fatalities
mentioned in any of these cases. The 85
complaints about the single model that
Mr. Brady referred to in his comments
were among the 963 complaints that
5 See
Docket No. NHTSA–2013–0004.
complaints were discussed in more detail
in the NPRM. See 78 FR 15922.
6 These
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were reviewed. Based on all of those
complaints, NHTSA tentatively
concluded that there was no continued
safety need to justify the requirement
that trailers comply with the rim
retention requirement.
Prior to the TREAD Act rulemaking,
only vehicles such as passenger cars
were subject to the tire retention
requirement in FMVSS No. 110, which
requires that a tire must be retained on
its rim when subjected to a sudden loss
of tire pressure. Light trailers were not
included because they were covered by
FMVSS No. 120. However, after the
TREAD Act rulemaking, light trailers
and other vehicles such as light trucks
and vans were added to FMVSS No.
110. Although the agency only expressly
stated its intent to extend the
applicability of the rim retention
requirement to light trucks and vans,
there was no limitation in the regulatory
text that excluded trailers or any other
vehicle type subject to FMVSS No. 110
from this requirement. The extension of
the applicability of this requirement to
trailers resulted in the implementation
of the first on-road compliance test that
NHTSA would conduct on light trailers.
Although Mr. Brady stated that
NHTSA could simply require that a
trailer be towed at 60 mph in order to
conduct the test, the agency notes that
neither the text of S4.4.1(b), nor
NHTSA’s compliance test procedure
contemplate the use of a towing vehicle.
Without specificity, light trailer
manufacturers cannot know how
NHTSA would perform compliance
testing of the rim retention requirement
on trailers. Consequently, light trailer
manufacturers would be responsible for
certifying that their trailers comply with
the rim retention requirement in any
towing-towed vehicle configuration,
which creates testing and certification
issues.
Based upon NHTSA’s review of the
nine cases of trailer tire failures
discussed in the NPRM, the agency
found no injuries or fatalities nor was it
apparent that any of these cases could
be addressed by the rim retention
requirement. Based on that information,
NHTSA concludes that there are no data
available to document a safety problem
related to rim retention of trailer tires.
NHTSA also concludes that there is no
continued safety need for trailers to
comply with the rim retention
requirements in S4.4.1(b) of FMVSS No.
110. Accordingly, this final rule
implements the proposal to exclude
trailers from the rim retention
requirement. NHTSA does not believe
that this change will have any
measurable effect on the safety of light
trailers.
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IV. Effective Date
This final rule clarifies which tires
can be installed on new light trailers
and removes the requirement that
trailers meet the rim retention
requirement in S4.4.1(b) of FMVSS No.
110. It does not impose any substantive
requirements. Instead it removes a
restriction on the manufacture of light
trailers. Consequently, these
amendments may be given immediate
effect pursuant to 5 U.S.C. 553(d).
Similarly, good cause exists for these
amendments to be made effective
immediately pursuant to 49 U.S.C.
30111(d). These amendments would
allow light trailers to be equipped with
tires designated for use on trailers, and
it would relieve trailers from a
performance requirement for which
NHTSA has no associated test for
compliance. We do not believe that
these amendments will have any
measurable effect on the safety of light
trailers.
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. The
agency has further determined that the
impact of this final rule is so minimal
as to not warrant the preparation of a
full regulatory evaluation.
This final rule will not impose costs
upon manufacturers. It clarifies the
types of tires that can be installed on
new light trailers and removes the rim
retention requirement for light trailers.
This final rule might result in cost
savings to manufacturers associated
with the certification of compliance
with the rim retention requirement.
However, we are unable to quantify any
such cost savings. This final rule is not
expected to have any impact on safety.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996), whenever an agency is required
to publish a notice of rulemaking for
any proposed or final rule, it must
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prepare and make available for public
comment a regulatory flexibility
analysis that describes the effect of the
rule on small entities (i.e., small
businesses, small organizations, and
small governmental jurisdictions). The
Small Business Administration’s
regulations at 13 CFR part 121 define a
small business, in part, as a business
entity ‘‘which operates primarily within
the United States.’’ (13 CFR 121.105(a)).
No regulatory flexibility analysis is
required if the head of an agency
certifies the rule would not have a
significant economic impact on a
substantial number of small entities.
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide a statement of the
factual basis for certifying that a rule
would not have a significant economic
impact on a substantial number of small
entities.
NHTSA has considered the effects of
this final rule under the Regulatory
Flexibility Act. I certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities. This final rule
would directly impact manufacturers of
trailers with a GVWR of 4,536 kg
(10,000 lbs.) or less. Although we
believe many manufacturers affected by
this final rule are considered small
businesses, we do not believe this final
rule will have a significant economic
impact on those manufacturers. This
final rule will not impose any costs
upon manufacturers and may result in
cost savings. This final rule will relieve
light trailer manufacturers of the burden
and costs associated with the rim
retention requirement.
C. Executive Order 13132 (Federalism)
NHTSA has examined today’s final
rule pursuant to Executive Order 13132
(64 FR 43255, August 10, 1999) and
concluded that no additional
consultation with States, local
governments or their representatives is
mandated beyond the rulemaking
process. The agency has concluded that
the rulemaking would not have
sufficient federalism implications to
warrant consultation with State and
local officials or the preparation of a
federalism summary impact statement.
The final rule would not have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
NHTSA rules can preempt in two
ways. First, the National Traffic and
Motor Vehicle Safety Act contains an
express preemption provision: When a
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motor vehicle safety standard is in effect
under this chapter, a State or a political
subdivision of a State may prescribe or
continue in effect a standard applicable
to the same aspect of performance of a
motor vehicle or motor vehicle
equipment only if the standard is
identical to the standard prescribed
under this chapter. 49 U.S.C.
30103(b)(1). It is this statutory command
by Congress that preempts any nonidentical State legislative and
administrative law addressing the same
aspect of performance.
The express preemption provision
described above is subject to a savings
clause under which ‘‘[c]ompliance with
a motor vehicle safety standard
prescribed under this chapter does not
exempt a person from liability at
common law.’’ 49 U.S.C. 30103(e).
Pursuant to this provision, State
common law tort causes of action
against motor vehicle manufacturers
that might otherwise be preempted by
the express preemption provision are
generally preserved. However, the
Supreme Court has recognized the
possibility, in some instances, of
implied preemption of such State
common law tort causes of action by
virtue of NHTSA’s rules, even if not
expressly preempted. This second way
that NHTSA rules can preempt is
dependent upon there being an actual
conflict between an FMVSS and the
higher standard that would effectively
be imposed on motor vehicle
manufacturers if someone obtained a
State common law tort judgment against
the manufacturer, notwithstanding the
manufacturer’s compliance with the
NHTSA standard. Because most NHTSA
standards established by an FMVSS are
minimum standards, a State common
law tort cause of action that seeks to
impose a higher standard on motor
vehicle manufacturers will generally not
be preempted. However, if and when
such a conflict does exist—for example,
when the standard at issue is both a
minimum and a maximum standard—
the State common law tort cause of
action is impliedly preempted. See
Geier v. American Honda Motor Co.,
529 U.S. 861 (2000).
Pursuant to Executive Order 13132
and 12988, NHTSA has considered
whether this rule could or should
preempt State common law causes of
action. The agency’s ability to announce
its conclusion regarding the preemptive
effect of one of its rules reduces the
likelihood that preemption will be an
issue in any subsequent tort litigation.
To this end, the agency has examined
the nature (e.g., the language and
structure of the regulatory text) and
objectives of today’s rule and finds that
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this rule, like many NHTSA rules,
prescribes only a minimum safety
standard. As such, NHTSA does not
intend that this rule preempt state tort
law that would effectively impose a
higher standard on motor vehicle
manufacturers than that established by
today’s rule. Establishment of a higher
standard by means of State tort law
would not conflict with the minimum
standard announced here. Without any
conflict, there could not be any implied
preemption of a State common law tort
cause of action.
D. Executive Order 12988 (Civil Justice
Reform)
With respect to the review of the
promulgation of a new regulation,
section 3(b) of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729; Feb.
7, 1996), requires that Executive
agencies make every reasonable effort to
ensure that the regulation: (1) Clearly
specifies the preemptive effect; (2)
clearly specifies the effect on existing
Federal law or regulation; (3) provides
a clear legal standard for affected
conduct, while promoting simplification
and burden reduction; (4) clearly
specifies the retroactive effect, if any; (5)
specifies whether administrative
proceedings are to be required before
parties file suit in court; (6) adequately
defines key terms; and (7) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. This document is consistent
with that requirement.
Pursuant to this Order, NHTSA notes
as follows. The issue of preemption is
discussed above. NHTSA notes further
that there is no requirement that
individuals submit a petition for
reconsideration or pursue other
administrative proceedings before they
may file suit in court.
E. Protection of Children From
Environmental Health and Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
and Safety Risks’’ (62 FR 19855, April
23, 1997), applies to any rule that: (1)
Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental, health, or safety risk that
the agency has reason to believe may
have a disproportionate effect on
children. If the regulatory action meets
both criteria, the agency must evaluate
the environmental health or safety
effects of the planned rule on children,
and explain why the planned regulation
is preferable to other potentially
effective and reasonably feasible
alternatives considered by the agency.
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This notice is part of a rulemaking
that is not expected to have a
disproportionate health or safety impact
on children. Consequently, no further
analysis is required under Executive
Order 13045.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA), a person is not required
to respond to a collection of information
by a Federal agency unless the
collection displays a valid OMB control
number. There is not any information
collection requirement associated with
this final rule.
G. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to
evaluate and use existing voluntary
consensus standards in its regulatory
activities unless doing so would be
inconsistent with applicable law (e.g.,
the statutory provisions regarding
NHTSA’s vehicle safety authority) or
otherwise impractical. Voluntary
consensus standards are technical
standards developed or adopted by
voluntary consensus standards bodies.
Technical standards are defined by the
NTTAA as ‘‘performance-based or
design-specific technical specification
and related management systems
practices.’’ They pertain to ‘‘products
and processes, such as size, strength, or
technical performance of a product,
process or material.’’
Examples of organizations generally
regarded as voluntary consensus
standards bodies include ASTM
International, the Society of Automotive
Engineers (SAE), and the American
National Standards Institute (ANSI). If
NHTSA does not use available and
potentially applicable voluntary
consensus standards, we are required by
the Act to provide Congress, through
OMB, an explanation of the reasons for
not using such standards.
There are no voluntary consensus
standards developed by voluntary
consensus standards bodies pertaining
to this final rule.
H. Unfunded Mandates Reform Act
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
requires federal agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
more than $100 million annually
(adjusted for inflation with base year of
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1995). Before promulgating a NHTSA
rule for which a written statement is
needed, section 205 of the UMRA
generally requires the agency to identify
and consider a reasonable number of
regulatory alternatives and adopt the
least costly, most cost-effective, or least
burdensome alternative that achieves
the objectives of the rule. The
provisions of section 205 do not apply
when they are inconsistent with
applicable law. Moreover, section 205
allows the agency to adopt an
alternative other than the least costly,
most cost-effective, or least burdensome
alternative if the agency publishes with
the final rule an explanation of why that
alternative was not adopted.
This final rule would not result in any
expenditure by State, local, or tribal
governments or the private sector of
more than $100 million, adjusted for
inflation.
I. National Environmental Policy Act
NHTSA has analyzed this rulemaking
action for the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action would not have any
significant impact on the quality of the
human environment.
J. Regulation Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) to each regulatory action listed in
the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
K. Privacy Act
jstallworth on DSK7TPTVN1PROD with RULES
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).
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
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.
2. Amend § 571.110 by revising S4.1
and S4.4.1(b) introductory text to read
as follows:
■
§ 571.110 Tire selection and rims and
motor home/recreation vehicle trailer load
carrying capacity information for motor
vehicles with a GVWR of 4,536 kilograms
(10,000 pounds) or less.
*
*
*
*
*
S4.1 General (a) Subject to the
exceptions set forth in S4.1(b), vehicles
shall be equipped with tires that meet
the requirements of § 571.139.
(b) Notwithstanding the requirement
in S4.1(a),
(1) Passenger cars may be equipped
with pneumatic T-type temporary spare
tire assemblies that meet the
requirements of § 571.109 or nonpneumatic spare tire assemblies that
meet the requirements of § 571.129 and
S6 and S8 of this standard. Passenger
cars equipped with a non-pneumatic
spare tire assembly shall also meet the
requirements of S4.3(e), S5, and S7 of
this standard.
(2) Trailers may be equipped with ST
tires, FI tires, or tires with a rim
diameter code of 12 or below that meet
the requirements of § 571.109 or
§ 571.119.
*
*
*
*
*
S4.4.1 * * *
(b) Except for trailers, in the event of
rapid loss of inflation pressure with the
vehicle traveling in a straight line at a
speed of 97 km/h (60 mph), retain the
deflated tire until the vehicle can be
stopped with a controlled braking
application.
*
*
*
*
*
Issued on November 3, 2016 in
Washington, DC, under authority delegated
in 49 CFR 1.95 and 501.5.
Mark R. Rosekind,
Administrator.
List of Subjects in 49 CFR Parts 571
[FR Doc. 2016–27051 Filed 11–8–16; 8:45 am]
Imports, Motor vehicle safety,
Reporting and recordkeeping
requirements, Tires.
In consideration of the foregoing,
NHTSA amends 49 CFR part 571 as
follows:
BILLING CODE 4910–59–P
VerDate Sep<11>2014
14:34 Nov 08, 2016
Jkt 241001
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160615524–6999–02]
RIN 0648–BG13
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Scup
Fishery; Framework Adjustment 9
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action changes the
southern and eastern boundaries of the
Southern Gear Restricted Area, as
recommended by the Mid-Atlantic
Fishery Management Council. This rule
is intended to increase access to
traditional squid fishing areas, while
maintaining protection for juvenile
scup.
SUMMARY:
Effective December 9, 2016.
Copies of the Scup Gear
Restricted Area Modification
Framework, including the draft
Environmental Assessment, and the
Regulatory Impact Review prepared by
the Mid-Atlantic Fishery Management
Council in support of this action are
available from Dr. Christopher Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, 800 North
State Street, Suite 201, Dover, DE 19901.
The supporting documents are also
accessible via the Internet at: https://
www.mafmc.org/actions/scup-gearrestricted-areas-framework or https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/scup/.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
phone: 978–281–9244; email:
Emily.Gilbert@noaa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
ADDRESSES:
Background
Scup (Stenotomus chrysops) is
managed jointly by the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission through the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan (FMP). The
management unit specified in the FMP
for scup is U.S. waters of the Atlantic
Ocean from 35°13.3′ N. lat. (the latitude
of Cape Hatteras Lighthouse, Buxton,
NC) northward to the U.S./Canada
E:\FR\FM\09NOR1.SGM
09NOR1
Agencies
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Rules and Regulations]
[Pages 78724-78728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27051]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2016-0058]
RIN 2127-AL24
Federal Motor Vehicle Safety Standards; Tire Selection and Rims
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends Federal Motor Vehicle Safety Standard
(FMVSS) No. 110 to make it clear that special trailer (ST) tires are
permitted to be installed on new trailers with a gross vehicle weight
rating (GVWR) of 4,536 kg (10,000 lbs.) or less. It also excludes these
trailers from a requirement that a tire must be retained on its rim
when subjected to a sudden loss of tire pressure and brought to a
controlled stop from 97 km/h (60 mph). The agency proposed these
changes and, after a review of the comments received, has determined
that these two revisions are appropriate and will not result in any
degradation of motor vehicle safety.
DATES: This final rule is effective on November 9, 2016.
Petitions for reconsideration: Petitions for reconsideration of
this final rule must be received by December 27, 2016.
ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket number set forth above and be submitted to the
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Patrick Hallan, Office of Crash Avoidance Standards, by telephone at
(202) 366-9146, and by fax at (202) 493-2990. For legal issues, you may
contact David Jasinski, Office of the Chief Counsel, by telephone at
(202) 366-2992, and by fax at (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. Summary of the March 2013 Notice of Proposed Rulemaking
On June 26, 2003, the agency published a final rule amending
several Federal Motor Vehicle Safety Standards (FMVSSs) related to
tires and rims.\1\ That rulemaking was completed as part of a
comprehensive upgrade of existing safety standards and the
establishment of new safety standards to improve tire safety, as
required by the Transportation Recall Enhancement, Accountability, and
Documentation Act of 2000 (TREAD Act). That final rule included
extensive revisions to the tire standards and to the rim and labeling
requirements for motor vehicles.
---------------------------------------------------------------------------
\1\ 68 FR 38116.
---------------------------------------------------------------------------
That final rule expanded the applicability of FMVSS No. 110 to
include all motor vehicles with a gross vehicle weight rating (GVWR) of
4,536 kg (10,000 pounds) or less, except for motorcycles. Prior to the
enactment of the TREAD Act, FMVSS No. 110 only applied to passenger
cars and to non-pneumatic spare tire assemblies for use on passenger
cars. In an effort to coordinate the upgraded vehicle standard,
intended to apply to all vehicles with a GVWR of 4,536 kg (10,000
pounds) or less, with the standards used on tires for vehicles with a
GVWR of 4,536 kg (10,000 pounds) or less, the language in FMVSS No. 110
was amended to require the use of tires meeting the new FMVSS No. 139,
New pneumatic radial tires for light vehicles. The only exceptions
provided in FMVSS No. 110 were for the use of spare tire assemblies
with pneumatic spare tires meeting the requirements of FMVSS No. 109 or
non-pneumatic spare tire assemblies meeting the requirements of FMVSS
No. 129.
With the expansion of FMVSS No. 110 to include all motor vehicles
with a GVWR of 4,536 kg (10,000 pounds) or less, the performance tests
and criteria within the standard became applicable to all light
vehicles, including light trucks, multipurpose passenger vehicles,
buses, and trailers that had previously been subject to the
requirements of FMVSS No. 120. However, FMVSS No. 110 specified a
minimum performance requirement for rim retention among its many
[[Page 78725]]
requirements. This requirement was not previously included in FMVSS No.
120 and, therefore, was not applicable to light trucks, multipurpose
passenger vehicles, buses, and trailers. The effective date for these
requirements was September 1, 2007, which provided approximately four
years of lead time from publication of the final rule.\2\
---------------------------------------------------------------------------
\2\ See 71 FR 877 (Jan. 6, 2006).
---------------------------------------------------------------------------
After the 2003 rule took effect, the Recreational Vehicle Industry
Association (RVIA) shared two concerns with NHTSA that the trailer
manufacturing industry had with FMVSS No. 110. First, RVIA and its
members stated, from a literal reading of S4.1 of FMVSS No. 110, that
special trailer (ST) tires and tires with rim diameter codes of 12 or
below cannot be equipped on new trailers that are under 4,536 kg
(10,000 pounds) or less because that section only permits FMVSS No.
139-compliant tires to be equipped on trailers. Second, RVIA and its
members questioned the need for the rim retention requirement for
trailers in S4.4.1(b) and whether the dynamic rapid tire deflation test
specified in that section could be conducted on trailers.
After reviewing these concerns, NHTSA issued, on its own
initiative, a notice of proposed rulemaking (NPRM) of March 13, 2013,
proposing amendments to FMVSS No. 110 to address RVIA's concerns.\3\
Specifically, NHTSA proposed to amend FMVSS No. 110 to make clear that
ST tires and tires with rim diameter codes of 12 or below can be
installed on new trailers with a GVWR of 4,536 kg (10,000 lbs.) or
less. Second, NHTSA proposed to amend FMVSS No. 110 to exclude these
trailers from the requirement that a tire must be retained on its rim
when subjected to a sudden loss of tire pressure and brought to a
controlled stop from 97 km/h (60 mph). NHTSA tentatively determined
that these two revisions would be appropriate and would not result in
any degradation of motor vehicle safety.
---------------------------------------------------------------------------
\3\ 78 FR 15920.
---------------------------------------------------------------------------
II. Summary of Comments
NHTSA received six comments on the proposal.\4\ RVIA, the National
Marine Manufacturers Association, and the National Association of
Trailer Manufacturers were fully supportive of the proposal. The Tire
and Rim Association (TRA) suggested two revisions to the proposal, both
of which were also supported by the Rubber Manufacturers Association
(RMA). First, TRA suggested the addition of farm implement (FI) tires
to the list of tire types that are allowed to be equipped on trailers.
Second, TRA suggested that, with respect to ST tires, FI tires, and
tires with rim diameter codes of 12 or below, NHTSA require such tires
to be compliant with FMVSS No. 119 rather than FMVSS No. 109. NHTSA
also received a comment from an individual, Mr. Steve Brady. Mr. Brady
expressed concern about the safety impact from excluding trailers from
the rim retention requirement.
---------------------------------------------------------------------------
\4\ All of the comments may be viewed at https://www.regulations.gov in Docket No. NHTSA-2013-0030.
---------------------------------------------------------------------------
III. Response to Comments
A. Use of ST Tires on Trailers With a GVWR of 4,536 kg (10,000 Pounds)
or Less
As stated in the March 2013 NPRM, NHTSA believes that S4.1
unnecessarily and unintentionally restricts the types of tires that can
be used on light trailers. None of the commenters who addressed the
issue opposed allowing ST tires and tires with a rim diameter code of
12 of less to be used on light trailers. NHTSA has not identified any
increased safety risk associated with the use of ST tires and tires
with rim diameter code of 12 or less on light trailers. Accordingly,
NHTSA is finalizing its proposal to allow ST tires and tires with a rim
diameter code of 12 or less to be equipped on light trailers.
TRA's comments, supported by RMA, suggest two additions to the
proposal that require brief explanation. First, TRA suggested that FI
tires be added to the list of tires that can be equipped on light
trailers. We agree that, as with ST and tires with a rim diameter code
of 12 or less, NHTSA did not intend to exclude the use of FI tires on
light trailers. Nor have we identified any risks associated with the
use of FI tires on light trailers. Accordingly, this final rule adds FI
tires to the list of tires that may be equipped on light trailers
contained in FMVSS No. 110.
Second, TRA suggested that the language of the proposal requiring
that ST tires and tires with a rim diameter code of 12 or less be
compliant with FMVSS No. 109 be changed to refer to FMVSS No. 119
instead. TRA's rationale behind this comment was that these tires could
not be tested using FMVSS No. 109 because FMVSS No. 109 does not
contain inflation pressures to use during testing.
After submitting its comments on this issue, in June 2013, TRA
submitted a petition for rulemaking requesting that NHTSA clarify that
ST tires, FI tires, and tires with a rim diameter code of 12 or less
are subject to the requirements of FMVSS No. 119 and not those in FMVSS
No. 109.\5\ The broader issue of whether and how ST tires, FI tires,
and tires with a rim diameter code of 12 or less can meet FMVSS No. 109
are beyond the scope of this rulemaking. That issue may be addressed in
NHTSA's response to TRA's petition. For now, NHTSA believes it is
sufficient to refer to both FMVSS No. 109 and FMVSS No. 119 as the
standards under which ST tires, FI tires, and tires with a rim diameter
code of 12 or less may comply.
---------------------------------------------------------------------------
\5\ See Docket No. NHTSA-2013-0004.
---------------------------------------------------------------------------
Therefore, we have revised our proposal to allow ST tires and tires
with a rim diameter code of 12 of less that comply with FMVSS No. 109
to be used on light trailers by adding FI tires to the list of
allowable tires and by also noting that such tires may also be
compliant with FMVSS No. 119.
B. Rim Retention Requirement for Trailers
The commenters, with the exception of Mr. Brady, expressed support
for the proposed amendment to exclude trailers from the rim retention
requirement. Mr. Brady opposed excluding trailers from the rim
retention requirement. He stated that the test could be performed by
towing trailers at 60 mph. He also expressed concern with the number of
tire failures identified in the NPRM. He directed NHTSA to complaints
about a single ST tire model with 85 complaints. Further, he noted that
even if injury rates are low, there can be significant property damage
resulting from blowouts. He stated that the proposal appears to have
been made to lower costs to manufacturers while exposing the public to
risk.
In the NPRM, NHTSA noted that 963 complaints had been received
containing both the words ``tire'' and ``trailer'', but 942 of those
complaints were related to the towing vehicle. Only 10 complaints were
related to the tire issues the towed vehicle and 11 were not
sufficiently specific to determine whether the complaint was related to
the towing vehicle or the trailer.\6\ Of the 10 complaints relating to
trailer tires, the agency found that only nine complaints are related
to tire failure (either blowout or tread separation) of one or more
trailer tires. None of the nine VOQs appear to be related to the rim
retention requirement, and there were no reported injuries or
fatalities mentioned in any of these cases. The 85 complaints about the
single model that Mr. Brady referred to in his comments were among the
963 complaints that
[[Page 78726]]
were reviewed. Based on all of those complaints, NHTSA tentatively
concluded that there was no continued safety need to justify the
requirement that trailers comply with the rim retention requirement.
---------------------------------------------------------------------------
\6\ These complaints were discussed in more detail in the NPRM.
See 78 FR 15922.
---------------------------------------------------------------------------
Prior to the TREAD Act rulemaking, only vehicles such as passenger
cars were subject to the tire retention requirement in FMVSS No. 110,
which requires that a tire must be retained on its rim when subjected
to a sudden loss of tire pressure. Light trailers were not included
because they were covered by FMVSS No. 120. However, after the TREAD
Act rulemaking, light trailers and other vehicles such as light trucks
and vans were added to FMVSS No. 110. Although the agency only
expressly stated its intent to extend the applicability of the rim
retention requirement to light trucks and vans, there was no limitation
in the regulatory text that excluded trailers or any other vehicle type
subject to FMVSS No. 110 from this requirement. The extension of the
applicability of this requirement to trailers resulted in the
implementation of the first on-road compliance test that NHTSA would
conduct on light trailers.
Although Mr. Brady stated that NHTSA could simply require that a
trailer be towed at 60 mph in order to conduct the test, the agency
notes that neither the text of S4.4.1(b), nor NHTSA's compliance test
procedure contemplate the use of a towing vehicle. Without specificity,
light trailer manufacturers cannot know how NHTSA would perform
compliance testing of the rim retention requirement on trailers.
Consequently, light trailer manufacturers would be responsible for
certifying that their trailers comply with the rim retention
requirement in any towing-towed vehicle configuration, which creates
testing and certification issues.
Based upon NHTSA's review of the nine cases of trailer tire
failures discussed in the NPRM, the agency found no injuries or
fatalities nor was it apparent that any of these cases could be
addressed by the rim retention requirement. Based on that information,
NHTSA concludes that there are no data available to document a safety
problem related to rim retention of trailer tires. NHTSA also concludes
that there is no continued safety need for trailers to comply with the
rim retention requirements in S4.4.1(b) of FMVSS No. 110. Accordingly,
this final rule implements the proposal to exclude trailers from the
rim retention requirement. NHTSA does not believe that this change will
have any measurable effect on the safety of light trailers.
IV. Effective Date
This final rule clarifies which tires can be installed on new light
trailers and removes the requirement that trailers meet the rim
retention requirement in S4.4.1(b) of FMVSS No. 110. It does not impose
any substantive requirements. Instead it removes a restriction on the
manufacture of light trailers. Consequently, these amendments may be
given immediate effect pursuant to 5 U.S.C. 553(d).
Similarly, good cause exists for these amendments to be made
effective immediately pursuant to 49 U.S.C. 30111(d). These amendments
would allow light trailers to be equipped with tires designated for use
on trailers, and it would relieve trailers from a performance
requirement for which NHTSA has no associated test for compliance. We
do not believe that these amendments will have any measurable effect on
the safety of light trailers.
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.
The agency has further determined that the impact of this final rule is
so minimal as to not warrant the preparation of a full regulatory
evaluation.
This final rule will not impose costs upon manufacturers. It
clarifies the types of tires that can be installed on new light
trailers and removes the rim retention requirement for light trailers.
This final rule might result in cost savings to manufacturers
associated with the certification of compliance with the rim retention
requirement. However, we are unable to quantify any such cost savings.
This final rule is not expected to have any impact on safety.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies the rule would not have a significant economic impact on a
substantial number of small entities. SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule would not have a
significant economic impact on a substantial number of small entities.
NHTSA has considered the effects of this final rule under the
Regulatory Flexibility Act. I certify that this final rule will not
have a significant economic impact on a substantial number of small
entities. This final rule would directly impact manufacturers of
trailers with a GVWR of 4,536 kg (10,000 lbs.) or less. Although we
believe many manufacturers affected by this final rule are considered
small businesses, we do not believe this final rule will have a
significant economic impact on those manufacturers. This final rule
will not impose any costs upon manufacturers and may result in cost
savings. This final rule will relieve light trailer manufacturers of
the burden and costs associated with the rim retention requirement.
C. Executive Order 13132 (Federalism)
NHTSA has examined today's final rule pursuant to Executive Order
13132 (64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule would not have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
NHTSA rules can preempt in two ways. First, the National Traffic
and Motor Vehicle Safety Act contains an express preemption provision:
When a
[[Page 78727]]
motor vehicle safety standard is in effect under this chapter, a State
or a political subdivision of a State may prescribe or continue in
effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is
identical to the standard prescribed under this chapter. 49 U.S.C.
30103(b)(1). It is this statutory command by Congress that preempts any
non-identical State legislative and administrative law addressing the
same aspect of performance.
The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of such State common law tort causes of action by virtue of
NHTSA's rules, even if not expressly preempted. This second way that
NHTSA rules can preempt is dependent upon there being an actual
conflict between an FMVSS and the higher standard that would
effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
Pursuant to Executive Order 13132 and 12988, NHTSA has considered
whether this rule could or should preempt State common law causes of
action. The agency's ability to announce its conclusion regarding the
preemptive effect of one of its rules reduces the likelihood that
preemption will be an issue in any subsequent tort litigation.
To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of today's rule
and finds that this rule, like many NHTSA rules, prescribes only a
minimum safety standard. As such, NHTSA does not intend that this rule
preempt state tort law that would effectively impose a higher standard
on motor vehicle manufacturers than that established by today's rule.
Establishment of a higher standard by means of State tort law would not
conflict with the minimum standard announced here. Without any
conflict, there could not be any implied preemption of a State common
law tort cause of action.
D. Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.
E. Protection of Children From Environmental Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental,
health, or safety risk that the agency has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the agency.
This notice is part of a rulemaking that is not expected to have a
disproportionate health or safety impact on children. Consequently, no
further analysis is required under Executive Order 13045.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. There is not
any information collection requirement associated with this final rule.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
Examples of organizations generally regarded as voluntary consensus
standards bodies include ASTM International, the Society of Automotive
Engineers (SAE), and the American National Standards Institute (ANSI).
If NHTSA does not use available and potentially applicable voluntary
consensus standards, we are required by the Act to provide Congress,
through OMB, an explanation of the reasons for not using such
standards.
There are no voluntary consensus standards developed by voluntary
consensus standards bodies pertaining to this final rule.
H. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with base year of
[[Page 78728]]
1995). Before promulgating a NHTSA rule for which a written statement
is needed, section 205 of the UMRA generally requires the agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows the agency to adopt an alternative
other than the least costly, most cost-effective, or least burdensome
alternative if the agency publishes with the final rule an explanation
of why that alternative was not adopted.
This final rule would not result in any expenditure by State,
local, or tribal governments or the private sector of more than $100
million, adjusted for inflation.
I. National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action would not have any significant impact on
the quality of the human environment.
J. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
K. 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 Parts 571
Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.
In consideration of the foregoing, NHTSA amends 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 Sec. 571.110 by revising S4.1 and S4.4.1(b) introductory text
to read as follows:
Sec. 571.110 Tire selection and rims and motor home/recreation
vehicle trailer load carrying capacity information for motor vehicles
with a GVWR of 4,536 kilograms (10,000 pounds) or less.
* * * * *
S4.1 General (a) Subject to the exceptions set forth in S4.1(b),
vehicles shall be equipped with tires that meet the requirements of
Sec. 571.139.
(b) Notwithstanding the requirement in S4.1(a),
(1) Passenger cars may be equipped with pneumatic T-type temporary
spare tire assemblies that meet the requirements of Sec. 571.109 or
non-pneumatic spare tire assemblies that meet the requirements of Sec.
571.129 and S6 and S8 of this standard. Passenger cars equipped with a
non-pneumatic spare tire assembly shall also meet the requirements of
S4.3(e), S5, and S7 of this standard.
(2) Trailers may be equipped with ST tires, FI tires, or tires with
a rim diameter code of 12 or below that meet the requirements of Sec.
571.109 or Sec. 571.119.
* * * * *
S4.4.1 * * *
(b) Except for trailers, in the event of rapid loss of inflation
pressure with the vehicle traveling in a straight line at a speed of 97
km/h (60 mph), retain the deflated tire until the vehicle can be
stopped with a controlled braking application.
* * * * *
Issued on November 3, 2016 in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.5.
Mark R. Rosekind,
Administrator.
[FR Doc. 2016-27051 Filed 11-8-16; 8:45 am]
BILLING CODE 4910-59-P