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Proposed Rule2021-15361

Standard Reference Test Tire

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Published

August 5, 2021

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

This document proposes amendments to several Federal motor vehicle safety standards and consumer information regulations to update the standard reference test tire (SRTT) used therein. The SRTT is used in those standards and regulations as a baseline tire to rate tire treadwear, define snow tires based on traction performance, and evaluate pavement surface friction. This proposed rule is necessary because the only manufacturer of the currently referenced SRTT ceased production of the tire. Referencing a new SRTT ensures the availability of a test tire for testing purposes.

Full Text

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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Proposed Rules]
[Pages 42762-42775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15361]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 575

[Docket No. NHTSA-2020-0067]
RIN 2127-AL92

Standard Reference Test Tire

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

[[Page 42763]]

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes amendments to several Federal motor
vehicle safety standards and consumer information regulations to update
the standard reference test tire (SRTT) used therein. The SRTT is used
in those standards and regulations as a baseline tire to rate tire
treadwear, define snow tires based on traction performance, and
evaluate pavement surface friction. This proposed rule is necessary
because the only manufacturer of the currently referenced SRTT ceased
production of the tire. Referencing a new SRTT ensures the availability
of a test tire for testing purposes.

DATES: Submit comments on or before September 7, 2021.

ADDRESSES: You may submit comments electronically to the docket
identified in the heading of this document by visiting the following
website:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.

Alternatively, you can file comments using the following methods:

<bullet> 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.
<bullet> 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. To be sure someone is
there to help you, please call (202) 366-9826 before coming.
<bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice, DOT/ALL-14 FDMS, accessible
through <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>. In order to facilitate comment tracking
and response, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: You may contact Hisham Mohamed, Office
of Crash Avoidance Standards, by telephone at (202) 366-0307 or David
Jasinski, Office of the Chief Counsel, by telephone at (202) 366-2992.
The mailing address of both of these officials is: National Highway
Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

This rulemaking addresses the standard reference test tire (SRTT)
manufactured according to specifications set forth in an ASTM
International standard, E1136, ``Standard Specification for P195/75R14
Radial Standard Reference Test Tire'' (14-inch SRTT). The 14-inch SRTT
is a size P195/75R14 all-season steel-belted radial tire. The
dimensions, weight, materials, and other physical properties of the
tire are specified in E1136. The tire is not intended for general use,
but as the name indicates, is used for testing.
The 14-inch SRTT was first introduced in the 1980s. The 14-inch
SRTT was manufactured by one company, Michelin North America, Inc
(Michelin) and was sold under its Uniroyal brand. NHTSA uses the 14-
inch SRTT to evaluate tire treadwear performance \1\ by comparing a
candidate tire's performance to the performance of the SRTT in a
particular performance test. NHTSA also uses the 14-inch SRTT to
evaluate test surface friction \2\ for safety standards relating to
braking because the narrow specifications for the tire (size, component
materials, etc.) ensure consistent, repeatable performance.
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\1\ 49 CFR 575.104.
\2\ 49 CFR 571.105, 571.121, 571.122, 571.126, 571.135, 571.136,
571.139, 571.500.
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NHTSA first incorporated the 14-inch SRTT into the Federal Motor
Vehicle Safety Standards (FMVSSs) in a 1995 rule adopting FMVSS No.
135, the light vehicle braking standard.\3\ Previously, NHTSA had used
skid number to define the road test surface in the light vehicle
braking test. Testing a surface to determine skid number involved using
a locked wheel. However, modern anti-lock brake systems (ABS) are
designed to achieve maximum friction prior to a wheel becoming locked
and the tire skidding. An anti-lock brake system prevents wheel lockup
by modulating a vehicle's brakes at a point just before the wheels
would lock up. Consequently, in the 1995 final rule, NHTSA adopted ASTM
method E1337, ``Standard Test Method for Determining Longitudinal Peak
Braking Coefficient (PBC) of Paved Surfaces Using Standard Reference
Test Tire,'' as the means for evaluating test surfaces.\4\ ASTM E1337
measures the peak braking force prior to wheel lockup, which
corresponds to the behavior of an anti-lock brake system. ASTM E1337
specifies the use of the E1136 SRTT in order to ensure that variability
in tire size, material, or construction does not affect the evaluation
of test surfaces.
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\3\ 60 FR 6411, 6415-17 (Feb. 2, 1995).
\4\ Another reason for adopting the peak braking force related
to the variability associated with determining skid number. That
matter was discussed in more detail in NHTSA's earlier proposals to
require heavy vehicles to be equipped with anti-lock brake systems.
See 49 FR 20465 (May 14, 1984); 49 FR 28962 (July 17, 1984).
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Over time, the evaluation of a test surface using the ASTM E1337
test method and the E1136 SRTT was incorporated into the heavy vehicle
braking standards (FMVSS Nos. 105 and 121), the light and heavy vehicle
electronic stability control standards (FMVSS Nos. 126 and 136), the
motorcycle braking standard (FMVSS No. 122), and the low-speed vehicle
standard (FMVSS No. 500).\5\
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\5\ ASTM E1337 is also incorporated by reference into 49 CFR
575.106, which are the provisions related to a new tire consumer
information program. However, the test procedures in 49 CFR 575.106
are not currently used pending publication of a proposed and final
rule establishing the remaining aspects of the consumer information
program. See 75 FR 15893 (Mar. 30, 2010). Therefore, this proposal
does not address 49 CFR 575.106. In a proposal implementing the
remaining aspects of that tire consumer information program, NHTSA
would address the issues discussed in this proposal.
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The use of the 14-inch SRTT is also incorporated into the
definition of a ``snow tire'' in FMVSS No. 139. Specifically, a ``snow
tire'' is defined as a tire that attains a traction index greater than
or equal to 110 compared to the 14-inch SRTT when using the ASTM F1805
snow traction test. The ASTM F1805 snow traction test measures the
driving traction of tires while traveling in a

[[Page 42764]]

straight line on snow- and ice-covered surfaces. Tires that meet the
definition of ``snow tires'' are subject to less stringent performance
test requirements compared to other tires subject to FMVSS No. 139.\6\
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\6\ See 71 FR 877, 880 (Jan. 6, 2006).
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The SRTT is also used as part of the Uniform Tire Quality Grading
Standards (UTQGS), an information program to assist consumers in making
informed decisions when purchasing tires. The UTQGS apply to passenger
car tires and require motor vehicle and tire manufacturers and tire
brand name owners to provide consumers with information about their
tires' relative performance regarding treadwear, traction, and
temperature resistance.
The 14-inch SRTT is used as part of the determination of a tire's
UTQG treadwear rating. As part of the UTQG test procedures, treadwear
is measured by running the tires being tested (called candidate tires)
in convoys over a 400-mile course of public roads near San Angelo,
Texas. The performance of tires over this course can change daily due
to variability in the road surface, temperature, humidity, and
precipitation. To compensate for changes in condition of the test
course, candidate tires are tested concurrently with course monitoring
tires (CMTs).
NHTSA has used the 14-inch SRTT as the exclusive CMT since 1991.
CMTs must be not more than one year old at the time of commencement of
the test and must be used within two months from being removed from
storage in order to prevent variability resulting from aging of the
CMT. The performance of the CMT is used to determine the base course
wear rate (BCWR) by running four-vehicle convoys equipped with 16 CMTs
for 6,400 miles over the test course four times per year. \7\ The wear
rate of the CMT over the prior four quarterly CMT test runs are
averaged to calculate the BCWR, which is published in Docket No. NHTSA-
2001-9395. The BCWR is used to determine a course severity adjustment
factor, which is applied to the comparison between the candidate tires
and CMTs to determine a tire's rating.
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\7\ See 65 FR 33481 (May 24, 2000).
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II. Proposal To Replace 14-Inch SRTT With 16-Inch SRTT

This proposal would amend NHTSA's safety standards and regulations
to no longer reference the 14-inch SRTT. Because of technological
advancements in the development of tires and the general trend of
increasing rim diameter sizes since the 1980s, the size and materials
of the 14-inch SRTT are no longer representative of modern tires sold
in the U.S. Further, Michelin has ceased production of the 14-inch SRTT
because it has become difficult for Michelin to obtain the materials
necessary to manufacture the SRTT.\8\ Thus, NHTSA seeks to reference a
different standard reference test tire in the agency's safety standards
and regulations and to transition seamlessly to the new tire in the
agency's compliance and consumer information test programs.
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\8\ See ``Discontinued Tire Will Lead to ASTM Standard Changes''
(July 30, 2015), available at <a href="https://www.astm.org/cms/drupal-7.51/newsroom/discontinued-tire-will-lead-astm-standard-changes">https://www.astm.org/cms/drupal-7.51/newsroom/discontinued-tire-will-lead-astm-standard-changes</a> (last
accessed April 13, 2021).
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ASTM International has developed an updated specification for an
SRTT designated F2493 (16-inch SRTT). The 16-inch SRTT is size P225/
60R16. The 16-inch SRTT is considered to be more representative of
current tires because of its larger size and new material and design
features that lead to traction that is more typical of modern passenger
car tires.\9\ To the best of NHTSA's knowledge, the 16-inch SRTT is
manufactured only by Michelin and sold under its Uniroyal brand.
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\9\ See ``New ASTM Specification Presents Requirements for
Standard Reference Test Tire'' (April 1, 2007), available at <a href="https://www.astm.org/cms/drupal-7.51/newsroom/new-astm-specification-presents-requirements-standard-reference-test-tire">https://www.astm.org/cms/drupal-7.51/newsroom/new-astm-specification-presents-requirements-standard-reference-test-tire</a> (last accessed
April 13, 2021).
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To reference an SRTT that is more representative of tires on the
road today, and in consideration of Michelin's decision to cease
production of the 14-inch SRTT, NHTSA has determined that replacing the
14-inch SRTT in its regulations is warranted. The only suitable
replacement for the 14-inch SRTT that has been suggested to NHTSA is
the 16-inch SRTT. However, because the 16-inch SRTT is a larger size
and uses more modern design and materials, it is likely that the 16-
inch SRTT will not perform identically to the 14-inch SRTT. Therefore,
NHTSA has been cooperating with Transport Canada, Natural Resources
Canada, representatives of ASTM International committees F09 on tires
and E17 on vehicle-pavement systems, the U.S. Tire Manufacturers
Association (including Michelin, currently the sole manufacturer of
SRTTs), and the Rubber Association of Canada to conduct testing to
determine the consequences of replacing the 14-inch SRTT with the 16-
inch SRTT. The results of the testing by these entities, in addition to
NHTSA's own testing, have substantially contributed to this proposal to
replace the 14-inch SRTT with the 16-inch SRTT.\10\
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\10\ See Docket No. NHTSA-2020-0067.
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A. Proposed FMVSS Amendments

1. Surface Friction Measurement
As discussed above, other than for defining a ``snow tire,'' NHTSA
uses the SRTT in the FMVSSs to define the surface coefficient of
friction for the test surface for braking and electronic stability
control (ESC) standards. The friction of the test surface is measured
by the peak braking force prior to wheel lockup, which is referred to
as a peak friction coefficient (PFC) or peak braking coefficient (PBC).
For the purpose of this preamble, NHTSA uses the term peak friction
coefficient or PFC, but the terms are used interchangeably in the
FMVSS.
In the FMVSS, the peak friction coefficient of a surface is
determined using the 1990 version of ASTM E1337 test method. The ASTM
E1337 test method involves mounting the SRTT to a test trailer,
bringing the trailer to a test speed of 40 mph (64 km/h), and applying
the brake to produce the maximum braking force prior to wheel lockup.
When NHTSA was informed that production of the 14-inch SRTT was to
be discontinued, NHTSA evaluated the 16-inch SRTT to determine whether
it would be a suitable replacement. NHTSA carefully considered the
effect of the 16-inch SRTT on the determination of PFC. NHTSA was
concerned that the use of the 16-inch SRTT without further changes to
the FMVSSs would increase the stringency of the braking and ESC FMVSSs.
The reason for this was that the different materials used in the 16-
inch SRTT and the increased size of the tire would result in the 16-
inch SRTT having better traction performance than the 14-inch SRTT. If
the 16-inch SRTT has improved traction performance relative to the 14-
inch SRTT, then the same surface would have a higher PFC when tested
with the 16-inch SRTT. Alternatively stated, obtaining an identical PFC
value using the 16-inch SRTT would require a road surface with lower
friction. Testing braking systems using stopping distance on road
surfaces with lower friction would require improved braking performance
to stop in the same distance, which is not an outcome intended by this
rulemaking. Consequently, NHTSA sought a conversion factor to evaluate
PFC of a test surface using the 16-inch SRTT without altering the
severity of any braking or ESC FMVSSs.

[[Page 42765]]

Initial testing confirmed the assumption that using the 16-inch
SRTT resulted in a test surface having a higher PFC than when evaluated
using the 14-inch SRTT. Transportation Research Center, Inc. (TRC)
conducted initial testing in support of the ASTM committee evaluating
this issue (the E17.21 committee).\11\ Testing was conducted on 15
different surfaces of varying friction. The evaluation of a dry test
surface (e.g., 0.9 PFC using the 14-inch SRTT) using the 16-inch SRTT
resulted in a PFC over 15 percent higher than the PFC derived using the
14-inch SRTT. However, testing on a low friction surface (0.5 PFC using
the 14-inch SRTT) showed that the PFC derived using the 16-inch SRTT
and the 14-inch SRTT was similar.
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\11\ See docket No. NHTSA-2020-0067.
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Because the difference in performance between the 16-inch SRTT and
the 14-inch SRTT was not consistent for all levels of surface friction,
something more than a simple multiplier is necessary to correlate
performance between the two tires. ASTM International has developed
such a formula. That formula is included in the 2019 update to ASTM
E1337, which NHTSA is proposing to incorporate by reference into the
FMVSSs, in place of the 1990 version of E1337 currently referenced.
NHTSA has used the formula in the 2019 version of E1337 to derive PFC
value for all of the FMVSSs. Those values are listed in the table
below.
Each value derived using the formula was rounded to the hundredths
position, rounding up if necessary. This ensures that the updated FMVSS
test surface PFC specification will be no more stringent as a result of
this proposed amendment than it is now, consistent with NHTSA's intent
in this rulemaking.

------------------------------------------------------------------------
PFC value using PFC value using
FMVSS section 14-inch SRTT 16-inch SRTT
------------------------------------------------------------------------
FMVSS No. 105 S6.9.2(a) (high 0.9 1.02
friction testing)..................
FMVSS No. 105 S6.9.2(b) (low 0.5 0.55
friction testing)..................
FMVSS No. 121 S5.3.1.1, S5.7.1, 0.9 1.02
S6.1.7 (high friction testing) \12\
FMVSS No. 121 S5.3.6.1, S6.1.7 (low 0.5 0.55
friction testing)..................
FMVSS No. 122 S6.1.1.1 (high 0.9 1.02
friction testing)..................
FMVSS No. 122 S6.1.1.2 (low friction <=0.45 <=0.50
testing)...........................
FMVSS No. 122 S6.9.7.1.............. >=0.8 >=0.90
FMVSS No. 126 S6.2.2................ 0.9 1.02
FMVSS No. 135 S6.2.1, S7.4.3, 0.9 1.02
S7.5.2, S7.6.2, S7.7.3, S7.8.2,
S7.9.2, S7.10.3, S7.11.3...........
FMVSS No. 136....................... 0.9 1.02
FMVSS No. 500 \13\.................. 0.9 1.02
------------------------------------------------------------------------

NHTSA commissioned confirmatory testing using the 16-inch SRTT to
verify that the PFC values discussed above are equivalent to the PFC
values in the FMVSSs derived using the 14-inch SRTT. NHTSA has
contracted with TRC to conduct this testing on five different test
surfaces (wet ceramic, wet jennite, wet asphalt, dry asphalt, and dry
broomed concrete). These test surfaces range from high to low PFC
values. For each test surface, 10 of each of the 14-inch SRTT and the
16-inch SRTT were each tested 3 times with 10 stops per test, for a
total of 300 tests for each size SRTT on each test surface. A final
report summarizing the results has been placed in the docket identified
at the beginning of this NPRM.
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\12\ NHTSA is also proposing to revise Tables I, II, and IIA in
FMVSS No. 121 to eliminate the redundant references to PFC values in
those tables. In place of PFC values, NHTSA is proposing to include
in Table I (Stopping Sequence) references to the sections in which
the various procedures are set forth, which is a more helpful
reference.
\13\ Although FMVSS No. 500 specifies a PFC value for the test
surface, the test surface is only used to verify the vehicle's
maximum speed.
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2. Snow Tire Definition
Presently, for a manufacturer to designate a tire as a ``snow
tire,'' the tire must attain a traction index equal to or greater than
110 compared to the 14-inch SRTT when tested using the snow traction
test in the 2000 version of ASTM F1805. The ASTM F09 committee on tires
commissioned a study to determine the feasibility of replacing the 14-
inch SRTT with the 16-inch SRTT in the determination of whether a tire
meets the definition of ``snow tire.'' This study was funded by the
United States Tire Manufacturers Association (USTMA).
The study consisted of testing of traction during the winter test
seasons of 2016, 2017, and 2018 to develop a method to correlate
results of tests conducted using the 16-inch SRTT with those conducted
using the 14-inch SRTT. ASTM International has published a technical
report documenting this work.\14\ ASTM International determined that a
correlation factor of 0.9876 was appropriate, meaning that a tire that
attained a rating of 110 when tested using the 14-inch SRTT correlated
to a rating of 111.4 or 111.5 when tested using the 16-inch SRTT,
depending on the number of significant digits considered. Recent
guidance issued by the USTMA, a trade association consisting of
companies that manufacture tires in the United States, recommends a
minimum traction index of 112 using the 16-inch SRTT.\15\ Accordingly,
NHTSA is proposing to amend the definition of ``snow tire'' in FMVSS
No. 139 to specify that a snow tire is a tire that attains a traction
index of 112 when tested using the updated F1895 test method using the
16-inch SRTT. This proposal is consistent with the guidance issued by
USTMA, which NHTSA believes reflects a consensus within the tire
industry on the appropriate traction index for use in determining what
qualifies as a ``snow tire.'' NHTSA seeks comment on this proposal.
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\14\ Available at <a href="https://www.astm.org/COMMIT/2019_04_10_E1136%20to%20F2493%20transition%20for%20ASTMF1805.pdf">https://www.astm.org/COMMIT/2019_04_10_E1136%20to%20F2493%20transition%20for%20ASTMF1805.pdf</a>
(last accessed April 13, 2021).
\15\ See <a href="https://www.ustires.org/sites/default/files/USTMA_TISB_37_0.pdf">https://www.ustires.org/sites/default/files/USTMA_TISB_37_0.pdf</a> (last accessed April 13, 2021).
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Furthermore, after reviewing this information from the USTMA, NHTSA
determined that additional clarification was necessary to the
definition of a ``snow tire'' in FMVSS No. 139. The latest (2020)
version of ASTM F1805 defines the standard test procedure for measuring
traction on ``snow'' and ``ice'' surfaces. However, there are multiple
surface types in both the ``snow'' and ``ice'' categories. They include
soft pack (new) snow, medium pack snow, medium hard pack snow, hard
pack snow, ice--wet, and ice--dry.\16\ The definition of ``snow tire''
in FMVSS No.

[[Page 42766]]

139 does not specify the surface type specified within ASTM F1805 for
testing.
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\16\ The surface types are defined in the text of ASTM F1805.
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NHTSA interprets that the ``medium pack snow'' condition was
intended for use by manufacturers for marketing tires as ``snow
tires.'' NHTSA seeks comment on whether this assumption is correct. It
is the surface type specified for severe snow tires in UNECE Regulation
No. 117 for determining when use of the Alpine or Three-Peak Mountain
Snowflake marking that indicates that a tire meets the requirements for
use in severe snow conditions. Based upon the research on the SRTT, the
2020 revision of ASTM F1805 contains a revised tractive coefficient
range for ``medium pack snow'' using the 14-inch SRTT from 0.25-0.41 to
0.25-0.38 and adds a tractive coefficient range for ``medium pack
snow'' using the 16-inch SRTT of 0.23-0.38.
Based on the research by ASTM International and USTMA's recent
guidance, NHTSA is proposing to update the definition of a ``snow
tire'': (1) To replace the reference to the 14-inch SRTT with the 16-
inch SRTT and to change the minimum traction index in order to meet the
definition of a ``snow tire'' from 110 to 112 using this tire; (2) to
specify that this traction index is obtained when tested on the
``medium pack snow'' surface, and (3) to update the incorporation by
reference of ASTM F1805 from the 2000 version to the 2020 version,
which is the latest version. ASTM F1805-20 incorporates the research
discussed above. NHTSA is not aware of other research on equivalent
performance of the 14-inch SRTT and 16-inch SRTT on snow-covered
surfaces other than the testing by ASTM International.

B. Proposed UTQGS Amendments

In anticipation of Michelin's decision to cease production of the
14-inch SRTT, NHTSA began including testing of the 16-inch SRTT as part
of its BCWR determination. Since the second quarter of 2016, NHTSA has
been duplicating BCWR testing using both the 14-inch SRTT and the 16-
inch SRTT. NHTSA has shared some data from this testing with its
testing partners (named at the end of Section I of this preamble) in
order to develop options that could be implemented once production of
the 14-inch SRTT has ended. Four options have been considered:
1. Use the research data to develop a correlation formula between
the 14-inch SRTT and the 16-inch SRTT. While this would allow future
testing and rating to be based on either SRTT, it was likely to be the
most resource-intensive to develop and validate a formula.
2. Establish an effective date for the 16-inch SRTT and begin
publishing the quarterly BCWR after that date using four quarters of
data using that tire. After two quarters of testing it was apparent
that this was likely to result in a shift in the BCWR. However, large
shifts in BCWR have occurred in the past, such as when repaving was
done on portions of the route.
3. Allow a transition period in which NHTSA would publish BCWR
rates for both SRTTs, allowing manufacturers to choose when to shift
within that period.
4. Establish an effective date to begin quarterly testing with the
16-inch SRTT, but continue to calculate the BCWR rate using the prior
quarterly testing results used to calculate prior BCWR rates. The first
quarter with official testing using the 16-inch SRTT CMT would result
in a BCWR rate calculated from the average of those results and the
results of the previous three quarters testing using the 14-inch SRTT
CMT, the second quarter would average two quarters with the 16-inch
SRTT CMT and 2 quarters with the 14-inch SRTT CMT, and so on.
In 2017, Michelin informed NHTSA that the test results from the
first two quarters of testing were within the normal variability seen
for BCWR.\17\ Michelin believed that NHTSA could develop an entirely
new formula for determining BCWR, but believed that such a formula may
not be able to be developed prior to the end of production of 14-inch
SRTT. Instead, Michelin recommended adding a new conversion factor to
the existing formula derived from the ratio of the BCWR from the 14-
inch SRTT CMT to the BCWR of the 16-inch SRTT CMT measured over a
specific number of quarters of testing. Michelin recommended that this
factor be based on at least six quarters of testing, which was all the
testing that was available at the time of Michelin's recommendation.
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\17\ Michelin presentation; UTQG Wear Change from 14'' TO 16''
SRTT First Two Test Quarters. See docket No. NHTSA-2020-0067.
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NHTSA now has 14 consecutive quarters of testing data. Table 1
summarizes the quarterly BCWR values determined by NHTSA since the
first quarter of 2017. As shown in Table 1, NHTSA has determined BCWR
reference values for the 16-inch SRTT. Table 1 also shows BCWR rates
for the 16-inch SRTT beginning in Q2 2017 after four quarters of BCWR
values were obtained. Table 1 also shows a conversion factor based on
the ratio of the BCWR using the 14-inch SRTT to the BCWR using the 16-
inch SRTT measured over all available quarters of testing.

Table 1--Quarterly BCWR Data Since April 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Derived
14-inch SRTT BCWR 16-inch SRTT BCWR Quarterly Theoretical 16- conversion factor
data data published BCWR inch SRTT BCWR based on prior
rate rate six quarters
--------------------------------------------------------------------------------------------------------------------------------------------------------
January-March 2017....................................... 8.090 5.349 9.059 ................. .................
April-June 2017.......................................... 7.556 5.952 8.573 ................. .................
July-September 2017...................................... 9.640 6.189 8.692 ................. .................
October-December 2017.................................... 8.932 6.578 8.555 6.017 .................
January-March 2018....................................... 7.481 5.731 8.402 6.113 .................
April-June 2018.......................................... 8.253 6.074 8.577 6.143 1.392
July-September 2018...................................... 9.648 6.467 8.579 6.213 1.393
October-December 2018.................................... 8.867 6.602 8.562 6.219 1.403
January-March 2019....................................... 6.555 5.999 8.331 6.286 1.328
April-June 2019.......................................... 8.242 5.506 8.328 6.144 1.348
July-September 2019...................................... 7.243 5.656 7.727 5.941 1.344
October-December 2019.................................... 7.237 6.206 7.319 5.842 1.312
January-March 2020....................................... 7.695 5.259 7.604 5.657 1.301
April-June 2020.......................................... 6.719 5.616 7.224 5.684 1.276

[[Page 42767]]

July-September 2020...................................... 6.983 6.856 7.159 5.984 1.257
October-December 2020.................................... 8.122 6.886 7.380 6.154 1.206
January-March 2021....................................... 7.228 4.687 7.263 6.011 1.239
--------------------------------------------------------------------------------------------------------------------------------------------------------

The conversion factor listed in the last column of Table 1 is
determined by dividing the average of six quarters of BCWR testing with
the 14-inch SRTT by the average of the same six quarters of BCWR with
the 16-inch SRTT. The conversion factor is similar for all quarters
currently available. NHTSA requests comments on how the new conversion
factor should be selected from among the available quarters of data.
For example, NHTSA could use the last six (or some other number) of
quarters of data, or all data available to determine the conversion
factor. NHTSA requests comments on which of these possible conversion
factors NHTSA could use and why.
For this NPRM, NHTSA is basing the adjustment on the average of all
17 consecutive quarters of available data. The average BCWR wear rate
using the 14-inch SRTT is 7.911. The average BCWR wear rate using the
16-inch SRTT is 5.942. Dividing 7.911 by 5.977 results in a conversion
factor of 1.324. Based upon this new conversion factor, the new formula
for the treadwear grade, assuming the decision was to use the most
recent quarter's conversion factor, would be: \18\
---------------------------------------------------------------------------

\18\ The first equation definition P is set forth in 49 CFR
57.104(e)(2)(ix)(F).
---------------------------------------------------------------------------

BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TP05AU21.038

BILLING CODE 4910-59-C
NHTSA does not believe the calculation of projected mileage as used
in this formula also requires adjustment, as the calculation takes into
consideration the actual measurement of the CMT used during the test of
the candidate tire being evaluated.
NHTSA is also proposing to modify language in the treadwear test
procedure in Sec. 575.104 to reference the total distance and schedule
of events in terms of circuits completed rather than mileage. This
proposed change is intended to allow testing to be more flexible in the
vent of route changes or other unforeseen circumstances. With the added
flexibility of these changes, NHTSA believes that it is preferable to
use the actual mileage of the completed circuit in the calculation of
the wear rate rather than the estimated 400 miles per circuit. NHTSA
believes that this would ensure that the wear rate reflects the actual
mileage covered if the completed 16 circuits is not exactly 6,400
miles. NHTSA seeks comment on these proposed changes and any potential
effects they may have on the testing process or data integrity.
NHTSA also seeks comment on the specification in the note to Sec.
575.104(e)(2)(ix)(C) that the CMT must

[[Page 42768]]

be no more than one year old at the commencement of testing and that it
must be used within two months after removal from storage. NHTSA lacks
facilities to store tires in a climate-controlled environment at its
testing facility in San Angelo, Texas. Therefore, because of the time
limitations on the use of the CMT in the BCWR testing, NHTSA only
purchases CMTs on a quarterly basis depending on funding availability
and conducts BCWR testing as soon as feasible after receiving a
shipment of CMTs. Lack of funding sometimes requires NHTSA to delay CMT
purchases, and sometimes when NHTSA purchases CMTs, supplies may be
limited, meaning that NHTSA is required to wait weeks or months before
receiving CMTs for testing. To increase NHTSA's flexibility in
purchasing and testing CMTs, NHTSA is considering lengthening the
amount of time tires may be removed from storage to four months, so
that NHTSA can purchase CMTs in advance and store them in its San
Angelo facility. NHTSA also requests comment on whether the word
``storage'' is sufficiently well defined and, if not, how NHTSA could
define ``storage'' more clearly to ensure tires are stored in such a
way that would minimize testing variability without providing
inflexible limitations on NHTSA's use of the SRTT. NHTSA requests
comment on this proposed change.

C. Summary

Based on the foregoing, NHTSA has tentatively concluded that the
best course of action in response to Michelin's determination to cease
production of the 14-inch SRTT is to replace the 14-inch SRTT with the
16-inch SRTT for all uses in NHTSA's standards and regulations. Because
the 16-inch SRTT is a different size and made of different materials,
changes are necessary to the FMVSS and tire regulations to ensure that
the use of the 16-inch SRTT to evaluate test surface friction does not
alter the stringency of the standards or the treadwear ratings of tires
in the UTQGS treadwear testing program. NHTSA tentatively believes that
this proposal accomplishes those goals. NHTSA requests comment on that
determination, the merits of these goals, and whether the proposed
amendments would accomplish those goals. NHTSA also seeks comment on
the use and storage requirements for the CMT tires used in the BCWR
calculation.

III. Effective Date

For the changes to the UTQGS, NHTSA expects to make these changes
effective at the next BCWR determination at least 30 days after the
date of publication of a final rule. NHTSA does not believe any further
lead time is necessary for the following reasons. First, because NHTSA
is using a conversion factor to keep the rating scale used with the 14-
inch SRTT and 16-inch SRTT identical, ratings of a particular line of
tires should not be affected by this proposed rule. Second, tire lines
rated prior to the effective date of the changes proposed in this rule
would not be required to be rerated. Third, limited availability of the
14-inch SRTT could make it difficult for NHTSA to continue to obtain
14-inch SRTTs in its BCWR determinations. NHTSA is currently restricted
by its regulations to using SRTTs that were manufactured within one
year prior to the commencement of testing and two months after removal
from storage in order to prevent variability in results due to tire
aging. This provision prevents NHTSA from stockpiling 14-inch SRTTs.
For FMVSS changes, NHTSA is proposing a lead time of six months.
This will give NHTSA's compliance test facilities sufficient time to
obtain and validate test surfaces using the 16-inch SRTT. Although
NHTSA has determined an equivalent level of surface friction when
evaluating PBC with the 16-inch SRTT in place of the 14-inch SRTT,
NHTSA anticipates requiring test facilities conducting NHTSA's
compliance tests to revalidate test surfaces using the 16-inch SRTT, to
ensure that testing is being done in accordance with the procedures in
the FMVSS. A six-month lead time is consistent with the requirements of
49 U.S.C. 30111(d) that standards be effective between 180 days and 1
year after they are prescribed. However, potential unavailability of
the 14-inch SRTT may constitute good cause for NHTSA to impose a
shorter lead time in a final rule resulting from this proposal.
NHTSA does not believe that manufacturers require more than six
months of lead time. Because NHTSA intends the proposed peak braking
coefficient specifications in the FMVSS using the 16-inch SRTT to be an
equivalent level of friction to existing peak braking coefficients
using the 14-inch SRTT, NHTSA does not intend to affect the FMVSS
compliance of any vehicle and does not believe this proposal would do
so.
NHTSA requests comments on the proposed lead time for changes to
the UTQGS and FMVSSs.

IV. Public Participation

How do I prepare and submit comments?

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).
NHTSA 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. 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 to be notified upon receipt of your mailed 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, 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

[[Page 42769]]

claimed confidential business information, to Docket Management at the
address given at the beginning of this document under ADDRESSES. To
facilitate social distancing during COVID-19, NHTSA is temporarily
accepting confidential business information electronically. Please see
<a href="https://www.nhtsa.gov/coronavirus/submission-confidential-business-information">https://www.nhtsa.gov/coronavirus/submission-confidential-business-information</a> for details.

Will the agency consider late comments?

NHTSA will consider all comments received before the close of
business on the comment closing date indicated at the beginning of this
document under DATES. In accordance with DOT policies, to the extent
possible, NHTSA will also consider comments received after the
specified comment closing date. If NHTSA receives a comment too late to
consider in developing the proposed rule, NHTSA 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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, NHTSA will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, NHTSA recommends that you periodically search
the Docket for new material.
You may also see the comments at the address and times given near
the beginning of this document under ADDRESSES.

V. Regulatory Analyses

A. Executive Order 12866, Executive Order 13563, and DOT Rulemaking
Procedures

NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the Department of
Transportation's administrative rulemaking procedures. This rulemaking
is not considered significant and was not reviewed by the Office of
Management and Budget under E.O. 12866, ``Regulatory Planning and
Review.''
This proposal updates the standard reference test tire used as a
baseline tire for consumer information testing, in the determination of
what is a snow tire, and to evaluate testing surface friction for
evaluating braking and electronic stability control performance. This
proposal will not have a direct effect on safety because the changes
proposed in this rule are designed to maintain the present level of
stringency of NHTSA's braking and electronic stability control FMVSSs.
However, if the 14-inch SRTT is discontinued without a replacement,
NHTSA would be unable to verify test surface friction coefficient prior
to compliance testing for braking and electronic stability control
system FMVSSs. Thus, this rulemaking indirectly affects safety by
ensuring that NHTSA would be able to perform compliance tests of those
FMVSSs. Also, if this proposal were not adopted, it is expected that
the 14-inch SRTT would soon no longer be available for purchase,
rendering it impossible for NHTSA to continue maintaining the BCWR for
treadwear testing. This unavailability of an SRTT would lead to tire
manufacturers being unable to rate their tires for treadwear under the
UTQGS and mold those ratings onto the side of the tire as required by
49 CFR part 575.
This proposed rule is expected to result in additional costs to
NHTSA because the 16-inch SRTT has a retail price that is $35 per tire
more than the 14-inch SRTT ($335 vs. $300).\19\ NHTSA purchases 64
SRTTs for its own use annually in determining BCWR. Therefore, based on
the cost difference of $35 per tire, NHTSA expects that, if adopted,
this proposal would result in $2,240 additional annual costs to the
government. However, NHTSA has been using the 14-inch SRTT and 16-inch
SRTT side-by-side since 2016 for its quarterly BCWR determination in
anticipation of this rulemaking and NHTSA plans to continue to do so
until this proposal is finalized. After this proposal is finalized,
NHTSA does not expect to continue purchasing 14-inch SRTTs. Therefore,
when compared to years since 2016, NHTSA would likely purchase fewer
SRTTs in subsequent years after this proposal is finalized.
---------------------------------------------------------------------------

\19\ Data on the price of the SRTT was obtained from
instructions on how to purchase SRTTs from Michelin. See <a href="https://www.astm.org/COMMIT/2011%2011%2008%20E1136%20F2493%20SRTT%20Purchase%20Procedure.pdf">https://www.astm.org/COMMIT/2011%2011%2008%20E1136%20F2493%20SRTT%20Purchase%20Procedure.pdf</a>.
(last accessed April 13, 2021).
---------------------------------------------------------------------------

As to potential costs to the public, based upon information
provided to NHTSA by Michelin from 2017 and 2018, annual U.S. sales of
14-inch SRTTs is fewer than 2,000 units. Assuming that U.S. sales of
16-inch SRTTs is comparable to sales of 14-inch SRTTs, the annual cost
of this proposal would be less than $70,000. However, NHTSA does not
know how many sales are a consequence of the SRTT being used as part of
NHTSA's compliance test procedures, versus those sold for other
purposes (e.g., SRTTs sold to assess the performance of tires to some
other country's regulations or to voluntary industry standards). Any
SRTT sales that are not related to compliance with NHTSA's regulations
would not be affected by this proposal and the existence of such sales
would mean this rule would be less costly than the maximum estimate of
$70,000 per year. Moreover, NHTSA does not have any direct knowledge of
whether regulated entities have been conducting side-by-side testing
using both the 14-inch SRTT and 16-inch SRTTs like NHTSA has and
whether side-by-side testing has artificially increased sales in 2017
and 2018.
NHTSA requests comments on the benefits and costs of this NPRM.

B. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). However, no
regulatory flexibility analysis is required if the head of an agency
certifies the rule would not have a significant economic impact on a
substantial number of small entities. SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule would not have a
significant economic impact on a substantial number of small entities.
NHTSA has considered the effects of this proposal under the
Regulatory Flexibility Act. I certify that this proposal will not have
a significant economic impact on a substantial number of small
entities. This proposal would directly impact the government, as it
affects only the test procedures NHTSA uses in its FMVSSs and
regulations that reference tire performance. It affects manufacturers
of tires and of motor vehicles only to the

[[Page 42770]]

extent those manufacturers choose to test their products in the manner
NHTSA would test them. They are not required to use the test procedures
NHTSA uses.
Although we believe some entities producing tires or vehicles that
would be tested by NHTSA using procedures that use the 16-inch SRTT are
considered small businesses, we do not believe this proposal will have
a significant economic impact on those manufacturers. First, the small
manufacturers are not required to use the SRTT in certifying their
products. Second, for manufacturers choosing to use the 16-inch SRTT to
test their products, this proposal would result in a cost increase of
only $35 per tire to entities currently purchasing the 14-inch SRTT to
assess their products. We do not believe this cost increase is
significant. Finally, for the changes to the UTQGS, because NHTSA is
using a conversion factor to keep the rating scale used with the 14-
inch SRTT and 16-inch SRTT identical, ratings of a particular line of
tires should not be affected by this proposed rule. For FMVSS changes,
NHTSA has determined an equivalent level of surface friction when
evaluating PBC with the 16-inch SRTT in place of the 14-inch SRTT, so
the change to the standard reference test tire should not change the
performance of current tires or vehicles.

C. Executive Order 13132 (Federalism)

NHTSA has examined this proposal 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 proposal 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 motor vehicle safety standard is in effect under this chapter, a
State or a political subdivision of a State may prescribe or continue
in effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is
identical to the standard prescribed under this chapter. 49 U.S.C.
30103(b)(1). It is this statutory command by Congress that preempts any
non-identical State legislative and administrative law addressing the
same aspect of performance.
The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of such State common law tort causes of action by virtue of
NHTSA's rules, even if not expressly preempted. This second way that
NHTSA rules can preempt is dependent upon there being an actual
conflict between an FMVSS and the higher standard that would
effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
Pursuant to Executive Orders 13132 and 12988, NHTSA has considered
whether this proposed rule could or should preempt State common law
causes of action. The agency's ability to announce its conclusion
regarding the preemptive effect of one of its rules reduces the
likelihood that preemption will be an issue in any subsequent tort
litigation.
To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of this proposed
rule and finds that this proposal would affect only minimum safety
standards (and only insofar as how NHTSA would conduct compliance
testing under those standards). As such, NHTSA does not intend that
this proposed rule preempt State tort law that would effectively impose
a higher standard on motor vehicle manufacturers than that established
by the affected FMVSSs. Establishment of a higher standard by means of
State tort law would not conflict with the minimum standards affected
by this proposal. Without any conflict, there could not be any implied
preemption of a State common law tort cause of action. Aspects of this
proposed rule would amend 49 CFR part 575, which is not a safety
standard but an information program to assist consumers in making
informed decisions when purchasing tires. The 14-inch SRTT is used as
part of the determination of a tire's treadwear rating. This proposed
change would not impose any requirements on anyone.

D. Executive Order 12988 (Civil Justice Reform)

With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with that requirement.
Pursuant to this order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.

E. Protection of Children From Environmental Health and Safety Risks

Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental,
health, or safety risk that the agency has reason to believe may have a
disproportionate effect on children. If the regulatory action meets

[[Page 42771]]

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 proposal is not economically significant under E.O. 12866.
Further, it is part of a rulemaking that is not expected to have a
disproportionate health or safety impact on children. Consequently, no
further analysis is required under Executive Order 13045.

F. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid Office of Management and Budget
(OMB) control number. There is not any information collection
requirement associated with this proposal.

G. Incorporation by Reference

Under regulations issued by the Office of the Federal Register (1
CFR 51.5(a)), an agency, as part of a proposed rule that includes
material incorporated by reference, must summarize material that is
proposed to be incorporated by reference and must discuss the ways the
material proposed to be incorporated by reference is reasonably
available to interested parties or how the agency worked to make
materials available to interested parties.
This proposed rule would incorporate by reference ASTM F2493,
``Standard Specification for P225/60R16 97S Radial Standard Reference
Test Tire,'' to replace the existing incorporation by reference of ASTM
E1136, which is a 14-inch standard reference test tire. As discussed
earlier in this document, the ASTM F2493 is a standard reference test
tire that is not used for general use, but, as its name suggests, is
used for testing. The ASTM F2493 standard reference test tire is
primarily used for evaluating surface friction (traction). The standard
reference test tire specifications include, among other things, size,
design, construction, and materials requirements.
This proposed rule would also update an existing incorporation by
reference of ASTM E1337, ``Standard Test Method for Determining
Longitudinal Peak Braking Coefficient (PBC) of Paved Surfaces Using
Standard Reference Test Tire.'' ASTM E1337 is a standard test method
for evaluating peak braking coefficient of a test surface using a
standard reference test tire using a trailer towed by a vehicle. NHTSA
uses this method to evaluate test surfaces for conducting compliance
test procedures for its braking and electronic stability control
standards. The 2019 version of ASTM E1337 specifies that the test may
be conducted using the 16-inch SRTT and includes correlation data for
converting testing using the 14-inch SRTT to the 16-inch SRTT and vice
versa.
Finally, this proposed rule would update an existing incorporation
by reference of ASTM F1805, ``Standard Test Method for Single Wheel
Driving Traction in a Straight Line on Snow- and Ice-Covered
Surfaces.'' ASTM F1805 is a test method for measuring the traction of
tires on snow- or ice-covered surfaces using an instrumented four-wheel
drive vehicle with a single test wheel capable of measure tire
performance. NHTSA uses ASTM F1805 as part of its criteria for
determining whether a tire may be considered a ``snow tire'' under its
light vehicle tire standards. The 2020 version of F1805 specifies that
the test may be conducted using the 16-inch SRTT and includes
correlation data for converting testing using the 14-inch SRTT to the
16-inch SRTT and vice versa.
The ASTM standards proposed for incorporation by reference in this
NPRM are available for review at NHTSA's headquarters in Washington,
DC, and for purchase from ASTM International. The ASTM standards that
are currently incorporated by reference (and which would be replaced
under this proposal) are available for review at NHTSA or at ASTM
International's online reading room.\20\ If this proposal is adopted as
a final rule, NHTSA anticipates that ASTM International would update
its reading room to include these standards.
---------------------------------------------------------------------------

\20\ <a href="https://www.astm.org/READINGLIBRARY/">https://www.astm.org/READINGLIBRARY/</a>.
---------------------------------------------------------------------------

H. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
Examples of organizations generally regarded as voluntary consensus
standards bodies include ASTM International, the Society of Automotive
Engineers (SAE), and the American National Standards Institute (ANSI).
If NHTSA does not use available and potentially applicable voluntary
consensus standards, we are required by the Act to provide Congress,
through OMB, an explanation of the reasons for not using such
standards.
As discussed above, both standard reference test tires are based on
specifications published by ASTM International. Thus, this rulemaking
accords with the requirements of the NTTAA.

I. Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with base year of
1995). Before promulgating a NHTSA rule for which a written statement
is needed, section 205 of the UMRA generally requires the agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows the agency to adopt an alternative
other than the least costly, most cost-effective, or least burdensome
alternative if the agency publishes with the final rule an explanation
of why that alternative was not adopted.
This proposal would not result in any expenditure by State, local,
or tribal governments or the private sector of more than $100 million,
adjusted for inflation.

J. National Environmental Policy Act

NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action would not have any significant impact on
the quality of the human environment.

K. Regulation Identifier Number (RIN)

The Department of Transportation assigns a regulation identifier
number

[[Page 42772]]

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

List of Subjects

49 CFR Part 571

Imports, Incorporation by reference, Motor vehicle safety,
Reporting and recordkeeping requirements, Tires.

49 CFR Part 575

Consumer protection, Incorporation by reference, Motor vehicle
safety, Reporting and recordkeeping requirements, Tires.

In consideration of the foregoing, NHTSA proposes to amend 49 CFR
parts 571 and 575 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. 571.5 by revising paragraphs (d)(33) through (35) to
read as follows:

Sec. 571.5 Matter incorporated by reference.

* * * * *
(d) * * *
(33) ASTM E1337-19, ``Standard Test Method for Determining
Longitudinal Peak Braking Coefficient (PBC) of Paved Surfaces Using
Standard Reference Test Tire,'' approved December 1, 2019, into
Sec. Sec. 571.105; 571.121; 571.122; 571.126; 571.135; 571.136;
571.500.
(34) ASTM F1805-20, ``Standard Test Method for Single Wheel Driving
Traction in a Straight Line on Snow- and Ice-Covered Surfaces,''
approved May 1, 2020, into Sec. 571.139.
(35) ASTM F2493-19, ``Standard Specification for P225/60R16 97S
Radial Standard Reference Test Tire,'' approved Oct. 1, 2019, into
Sec. Sec. 571.105; 571.121; 571.122; 571.126; 571.135; 571.136;
571.139; 571.500.
* * * * *
0
3. Amend Sec. 571.105 by removing paragraphs S6.9.2(a) and S6.9.2(b)
and adding paragraph S6.9.2 to read as follows:

Sec. 571.105 Standard No. 105; Hydraulic and electric brake systems.

* * * * *
S6.9.2 (a) For vehicles with a GVWR greater than 10,000 pounds,
road tests (excluding stability and control during braking tests) are
conducted on a 12-foot-wide, level roadway, having a peak friction
coefficient of 1.02 when measured using an ASTM F2493-19 (incorporated
by reference, see Sec. 571.5), standard reference test tire, in
accordance with ASTM E1337-19 (incorporated by reference, see Sec.
571.5), at a speed of 40 mph, without water delivery. Burnish stops are
conducted on any surface. The parking brake test surface is clean, dry,
smooth, Portland cement concrete.
(b) For vehicles with a GVWR greater than 10,000 pounds, stability
and control during braking tests are conducted on a 500-foot-radius
curved roadway with a wet level surface having a peak friction
coefficient of 0.55 when measured on a straight or curved section of
the curved roadway using an ASTM F2493-19 standard reference tire, in
accordance with ASTM E1337-19 at a speed of 40 mph, with water
delivery.
* * * * *
0
4. Amend Sec. 571.121 by revising paragraphs S5.3.1.1 introductory
text, S5.3.6.1, S5.7.1, S6.1.7, Table I, Table II, and Table IIa to
read as follows:

Sec. 571.121 Standard No. 121; Air brake systems.

* * * * *
S5.3.1.1 Stop the vehicle from 60 mph on a surface with a peak
friction coefficient of 1.02 with the vehicle loaded as follows:
* * * * *
S5.3.6.1 Using a full-treadle brake application for the duration of
the stop, stop the vehicle from 30 mph or 75 percent of the maximum
drive-through speed, whichever is less, on a 500-foot radius curved
roadway with a wet level surface having a peak friction coefficient of
0.55 when measured on a straight or curved section of the curved
roadway using an ASTM F2493-19 (incorporated by reference, see Sec.
571.5) standard reference tire, in accordance with ASTM E1337-19
(incorporated by reference, see Sec. 571.5), at a speed of 40 mph,
with water delivery.
* * * * *
S5.7.1 Emergency brake system performance. When stopped six times
for each combination of weight and speed specified in S5.3.1.1, except
for a loaded truck tractor with an unbraked control trailer, on a road
surface having a PFC of 1.02, with a single failure in the service
brake system of a part designed to contain compressed air or brake
fluid (except failure of a common valve, manifold, brake fluid housing,
or brake chamber housing), the vehicle shall stop at least once in not
more than the distance specified in Column 5 of Table II, measured from
the point at which movement of the service brake control begins, except
that a truck-tractor tested at its unloaded vehicle weight plus up to
1,500 pounds shall stop at least once in not more than the distance
specified in Column 6 of Table II. The stop shall be made without any
part of the vehicle leaving the roadway, and with unlimited wheel
lockup permitted at any speed.
* * * * *
S6.1.7 Unless otherwise specified, stopping tests are conducted on
a 12-foot wide level, straight roadway having a peak friction
coefficient of 1.02. For road tests in S5.3, the vehicle is aligned in
the center of the roadway at the beginning of a stop. Peak friction
coefficient is measured using an ASTM F2493-19 standard reference test
tire (see ASTM F2493-19 (incorporated by reference, see Sec. 571.5))
in accordance with ASTM E1337-19 (incorporated by reference, see Sec.
571.5), at a speed of 40 mph, without water delivery for the surface
with PFC of 1.02, and with water delivery for the surface with PFC of
0.55.
* * * * *

Table I--Stopping Sequence
------------------------------------------------------------------------
Single unit
Truck tractors trucks and
buses
------------------------------------------------------------------------
Burnish (S6.1.8)........................ 1 1
Stability and Control at GVWR (S5.3.6).. 2 N/A
Stability and Control at LLVW (S5.3.6).. 3 5
Manual Adjustment of Brakes............. 4 N/A
60 mph Service Brake Stops at GVWR 5 2
(S5.3.1)...............................
60 mph Emergency Service Brake Stops at N/A 3
GVWR (S5.7.1)..........................

[[Page 42773]]

Parking Brake Test at GVWR (S5.6)....... 6 4
Manual Adjustment of Brakes............. 7 6
60 mph Service Brake Stops at LLVW 8 7
(S5.3.1)...............................
60 mph Emergency Service Brake Stops at 9 8
LLVW (S5.7.1)..........................
Parking Brake Test at LLVW (S5.6)....... 10 9
Final Inspection........................ 11 10
------------------------------------------------------------------------

Table II--Stopping Distance in Feet
--------------------------------------------------------------------------------------------------------------------------------------------------------
Service brake Emergency brake
Vehicle speed in miles per hour -------------------------------------------------------------------------------------------------------
(1) (2) (3) (4) (5) (6) (7) (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
30.............................................. 70 78 65 78 84 61 170 186
35.............................................. 96 106 89 106 114 84 225 250
40.............................................. 125 138 114 138 149 108 288 325
45.............................................. 158 175 144 175 189 136 358 409
50.............................................. 195 216 176 216 233 166 435 504
55.............................................. 236 261 212 261 281 199 520 608
60.............................................. 280 310 250 310 335 235 613 720
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note:
(1) Loaded and Unloaded Buses.
(2) Loaded Single-Unit Trucks.
(3) Loaded Tractors with Two Axles; or with Three Axles and a GVWR of 70,000 lbs. or less; or with Four or More Axles and a GVWR of 85,000 lbs. or less.
Tested with an Unbraked Control Trailer.
(4) Loaded Tractors with Three Axles and a GVWR greater than 70,000 lbs.; or with Four or More Axles and a GVWR greater than 85,000 lbs. Tested with an
Unbraked Control Trailer.
(5) Unloaded Single-Unit Trucks.
(6) Unloaded Tractors (Bobtail).
(7) All Vehicles except Tractors, Loaded and Unloaded.
(8) Unloaded Tractors (Bobtail).

Table IIa--Stopping Distance in Feet: Optional Requirements for: (1) Three-Axle Tractors With a Front Axle That
Has a GAWR of 14,600 Pounds or Less, and With Two Rear Drive Axles That Have a Combined GAWR of 45,000 Pounds or
Less, Manufactured Before August 1, 2011; and (2) All Other Tractors Manufactured Before August 1, 2013
----------------------------------------------------------------------------------------------------------------
Service Brake Emergency Brake
Vehicle speed in miles per hour -----------------------------------------------------------------------------
(1) (2) (3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
30................................ 70 78 84 89 170 186
35................................ 96 106 114 121 225 250
40................................ 125 138 149 158 288 325
45................................ 158 175 189 200 358 409
50................................ 195 216 233 247 435 504
55................................ 236 261 281 299 520 608
60................................ 280 310 335 355 613 720
----------------------------------------------------------------------------------------------------------------
Note: (1) Loaded and unloaded buses; (2) Loaded single unit trucks; (3) Unloaded truck tractors and single unit
trucks; (4) Loaded truck tractors tested with an unbraked control trailer; (5) All vehicles except truck
tractors; (6) Unloaded truck tractors.

* * * * *
0
5. Amend Sec. 571.122 by revising paragraphs S6.1.1.1, S6.1.1.2,
S6.1.1.3, and S6.9.7.1(a) to read as follows:

Sec. 571.122 Standard No. 122; Motorcycle brake systems.

* * * * *
S6.1.1.1 High friction surface. A high friction surface is used for
all dynamic brake tests excluding the ABS tests where a low-friction
surface is specified. The high-friction surface test area is a clean,
dry and level surface, with a gradient of <=1 percent. The high-
friction surface has a peak braking coefficient (PBC) of 1.02.
S6.1.1.2 Low-friction surface. A low-friction surface is used for
ABS tests where a low-friction surface is specified. The low-friction
surface test area is a clean and level surface, which may be wet or
dry, with a gradient of <=1 percent. The low-friction surface has a PBC
of <=0.50.
S6.1.1.3 Measurement of PBC. The PBC is measured using the ASTM
F2493-19 standard reference test tire, in accordance with ASTM E1337-
19, at a speed of 64 km/h (both publications incorporated by reference;
see Sec. 571.5).
* * * * *
S6.9.7.1 * * *
(a) Test surfaces. A low friction surface immediately followed by a
high friction surface with a PBC >=0.90.
* * * * *
0
6. Amend Sec. 571.126 by revising paragraph S6.2.2 to read as follows:

Sec. 571.126 Standard No. 126; Electronic stability control systems
for light vehicles.

* * * * *

[[Page 42774]]

S6.2.2 The road test surface must produce a peak friction
coefficient (PFC) of 1.02 when measured using an ASTM F2493-19
(incorporated by reference, see Sec. 571.5) standard reference test
tire, in accordance with ASTM E1337-19 (incorporated by reference, see
Sec. 571.5) at a speed of 64.4 km/h (40 mph), without water delivery.
* * * * *
0
7. Amend Sec. 571.135 by revising paragraphs S6.2.1, S7.4.3(f),
S7.5.2(f), S7.6.2(f), S7.7.3(f), S7.8.2(f), S7.9.2(f), S7.10.3(e), and
S7.11.3(f) to read as follows:

Sec. 571.135 Standard No. 135; Light vehicle brake systems.

* * * * *
S6.2.1 Unless otherwise specified, the road test surface produces a
peak friction coefficient (PFC) of 1.02 when measured using an ASTM
F2493-19 (incorporated by reference, see Sec. 571.5) standard
reference test tire, in accordance with ASTM E1337-19 (incorporated by
reference, see Sec. 571.5), at a speed of 64.4 km/h (40 mph), without
water delivery.
* * * * *
S7.4.3 * * *
(f) Test surface: PFC of at least 1.02.
* * * * *
S7.5.2 * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.6.2 * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.7.3 * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.8.2 * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.9.2 * * *
(f) Test surface: PFC of 1.02.
* * * * *
S7.10.3 * * *
(e) Test surface: PFC of 1.02.
* * * * *
S7.11.3 * * *
(f) Test surface: PFC of 1.02.
* * * * *
0
8. Amend Sec. 571.136 by revising paragraph S6.2.2 to read as follows:

Sec. 571.136 Standard No. 136; Electronic stability control systems
for heavy vehicles.

* * * * *
S6.2.2 The road test surface produces a peak friction coefficient
(PFC) of 1.02 when measured using an ASTM F2493-19 standard reference
test tire, in accordance with ASTM E1337-19, at a speed of 64.4 km/h
(40 mph), without water delivery (both documents incorporated by
reference, see Sec. 571.5).
* * * * *
0
9. Amend Sec. 571.139 by revising the definition of ``Snow tire'' in
S3 to read as follows:

Sec. 571.139 Standard No. 139; New pneumatic radial tires for light
vehicles.

* * * * *
S3 * * *
Snow tire means a tire that attains a traction index equal to or
greater than 112, compared to the ASTM F2493-19 (incorporated by
reference, see Sec. 571.5) Standard Reference Test Tire when using the
snow traction test on the medium pack snow surface as described in ASTM
F1805-20 (incorporated by reference, see Sec. 571.5), and that is
marked with an Alpine Symbol specified in S5.5(i) on at least one
sidewall.
* * * * *
0
10. Amend Sec. 571.500 by revising paragraph S6.2.1 to read as
follows:

Sec. 571.500 Standard No. 500; Low-speed vehicles.

* * * * *
S6.2.1 Pavement friction. Unless otherwise specified, the road test
surface produces a peak friction coefficient (PFC) of 1.02 when
measured using a standard reference test tire that meets the
specifications of ASTM F2493-19, in accordance with ASTM E1337-19, at a
speed of 64.4 km/h (40.0 mph), without water delivery (both
incorporated by reference; see Sec. 571.5).
* * * * *

PART 575--CONSUMER INFORMATION

0
11. The authority citation for part 575 of title 49 continues to read
as follows:

Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123,
30166, 30181, 30182, 30183, and 32908, Pub. L. 104-414, 114 Stat.
1800, Pub. L. 109-59, 119 Stat. 1144, Pub. L. 110-140, 121 Stat.
1492, 15 U.S.C. 1232(g); delegation of authority at 49 CFR 1.95.

0
12. Amend Sec. 575.3 by revising paragraph (c) to read as follows:

Sec. 575.3 Matter incorporated by reference.

* * * * *
(c) ASTM International (ASTM), 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959, 610-832-9500, <a href="https://www.astm.org/">https://www.astm.org/</a>.
(1) ASTM E 501-08 (``ASTM E 501''), ``Standard Specification for
Standard Rib Tire for Pavement Skid-Resistance Tests'' (June 2008), IBR
approved for Sec. Sec. 575.104 and 575.106.
(2) ASTM F2493-19 (``ASTM F2493''), ``Standard Specification for
P225/60R16 97S Radial Standard Reference Test Tire,'' (approved Oct. 1,
2019), IBR approved for Sec. 575.104.
* * * * *
0
13. Amend Sec. 575.104 by revising paragraphs (e)(2)(viii)
introductory text, (e)(2)(viii)(A) through (E), and (e)(2)(ix)(A)(2),
the note to paragraph (e)(2)(ix)(C), and paragraph (e)(2)(ix)(F) to
read as follows:

Sec. 575.104 Uniform tire quality grading standards.

* * * * *
(e) * * *
(2) * * *
(viii) Drive the convoy on the test roadway for 16 circuits
(approximately 6,400 miles).
(A) After every circuit (approximately 400 miles), rotate each
vehicle's tires by moving each front tire to the same side of the rear
axle and each rear tire to the opposite side of the front axle.
Visually inspect each tire for treadwear anomalies.
(B) After every second circuit (approximately 800 miles), rotate
the vehicles in the convoy by moving the last vehicle to the lead
position. Do not rotate driver positions within the convoy. In four-car
convoys, vehicle one shall become vehicle two, vehicle two shall become
vehicle three, vehicle three shall become vehicle four, and vehicle
four shall become vehicle one.
(C) After every second circuit (approximately 800 miles), if
necessary, adjust wheel alignment to the midpoint of the vehicle
manufacturer's specification, unless adjustment to the midpoint is not
recommended by the manufacturer; in that case, adjust the alignment to
the manufacturer's recommended setting. In all cases, the setting is
within the tolerance specified by the manufacturer of the alignment
machine.
(D) After every second circuit (approximately 800 miles), if
determining the projected mileage by the 9-point method set forth in
paragraph (e)(2)(ix)(A)(1) of this section, measure the average tread
depth of each tire following the procedure set forth in paragraph
(e)(2)(vi) of this section.
(E) After every fourth circuit (approximately 1,600 miles), move
the complete set of four tires to the following vehicle. Move the tires
on the last vehicle to the lead vehicle. In moving the tires, rotate
them as set forth in paragraph (e)(2)(viii)(A) of this section.
* * * * *
(ix) * * *
(A) * * *
(2) Two-point arithmetical method. (i) For each course monitoring
and

[[Page 42775]]

candidate tire in the convoy, using the average tread depth
measurements obtained in accordance with paragraphs (e)(2)(vi) and
(e)(2)(viii)(F) of this section and the corresponding mileages as data
points, determine the slope (m) of the tire's wear in mils of tread
depth per 1,000 miles by the following formula:
[GRAPHIC] [TIFF OMITTED] TP05AU21.039

Where:

Yo = average tread depth after break-in, mils.
Y1 = average tread depth after 16 circuits (approximately 6,400
miles), mils.
Xo = 0 miles (after break-in).
X1 = Total mileage of travel after 16 circuits (approximately 6,400
miles).

(ii) This slope (m) will be negative in value. The tire's wear rate
is defined as the slope (m) expressed in mils per 1,000 miles.
* * * * *
(C) * * *

Note to paragraph (e)(2)(ix)(C): The base wear rate for the
course monitoring tires (CMTs) will be obtained by the Government by
running the tire specified in ASTM F2493 (incorporated by reference,
see Sec. 575.3) course monitoring tires for 16 circuits over the
San Angelo, Texas, UTQGS test route 4 times per year, then using the
average wear rate from the last 4 quarterly CMT tests for the base
course wear rate calculation. Each new base course wear rate will be
published in Docket No. NHTSA-2001-9395. The course monitoring tires
used in a test convoy must be no more than one-year-old at the
commencement of the test and must be used within four months after
removal from storage.

* * * * *
(F) Compute the grade (P) of the of the NHTSA nominal treadwear
value for each candidate tire by using the following formula:
[GRAPHIC] [TIFF OMITTED] TP05AU21.040

Where base course wear rate<INF>n</INF> = new base course wear rate,
i.e., average treadwear of the last 4 quarterly course monitoring tire
tests conducted by NHTSA.

Round off the percentage to the nearest lower 20-point increment.
* * * * *

Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.8.
Steven S. Cliff,
Acting Administrator.
[FR Doc. 2021-15361 Filed 8-4-21; 8:45 am]
BILLING CODE 4910-59-P

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