Notice of Intent To Establish a Negotiated Rulemaking Advisory Committee for Tire Safety; Request for Comments and Solicitation of Nominations for Membership

Issuing agencies

Abstract

NHTSA announces its intent to form a Negotiated Rulemaking Advisory Committee for Tire Safety. The committee will advise the Secretary on tire safety matters through a negotiated rulemaking process. The committee will terminate when its stated objectives have been accomplished (i.e., the committee submits its recommendations to the Secretary) or upon the expiration of a period not to exceed two years, unless the charter is renewed by the Secretary. This notice seeks public comment on the proposed establishment of this committee and its proposed membership. This notice also requests nominations for membership on the committee.

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<title>Federal Register, Volume 91 Issue 206 (Tuesday, October 27, 2026)</title>
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[Federal Register Volume 91, Number 206 (Tuesday, October 27, 2026)]
[Notices]
[Pages 67647-67649]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21889]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2026-1717]


Notice of Intent To Establish a Negotiated Rulemaking Advisory 
Committee for Tire Safety; Request for Comments and Solicitation of 
Nominations for Membership

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

ACTION: Notice of intent to establish a Negotiated Rulemaking Advisory 
Committee for Tire Safety; request for comments; solicitation of 
nominations for membership.

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SUMMARY: NHTSA announces its intent to form a Negotiated Rulemaking 
Advisory Committee for Tire Safety. The committee will advise the 
Secretary on tire safety matters through a negotiated rulemaking 
process. The committee will terminate when its stated objectives have 
been accomplished (i.e., the committee submits its recommendations to 
the Secretary) or upon the expiration of a period not to exceed two 
years, unless the charter is renewed by the Secretary. This notice 
seeks public comment on the proposed establishment of this committee 
and its proposed membership. This notice also requests nominations for 
membership on the committee.

DATES: Comments on the intent to establish the committee and the 
proposed membership must be received by November 27, 2026. Applications 
for membership must be received by NHTSA on or before 5 p.m. ET 
November 27, 2026.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting.
    <bullet> Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    If you wish to apply for membership, your application should be 
submitted to: Email: <a href="/cdn-cgi/l/email-protection#07736e7562746166644763687329606871"><span class="__cf_email__" data-cfemail="33475a41564055525073575c471d545c45">[email&#160;protected]</span></a>. Mail: Use overnight mail only 
and send to: U.S. Department of Transportation, National Highway 
Traffic Safety Administration, Office of Rulemaking, Attn: Negotiated 
Rulemaking Committee for Tire Safety, 1200 New Jersey Avenue SE, 
Washington, DC 20590. The committee charter can be found in the docket 
to this notice.

FOR FURTHER INFORMATION CONTACT: For committee-related issues, please 
contact Hisham Mohamed, Chief, Vehicle Dynamics Division, Office of 
Crash Avoidance, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590; email: 
<a href="/cdn-cgi/l/email-protection#5139382239303c7f3c3e39303c343511353e257f363e27"><span class="__cf_email__" data-cfemail="b3dbdac0dbd2de9ddedcdbd2ded6d7f3d7dcc79dd4dcc5">[email&#160;protected]</span></a>. For legal questions, please contact Ella Hood, 
Attorney-Advisory, Office of the Chief Counsel, National Highway 
Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590; email: <a href="/cdn-cgi/l/email-protection#1c7970707d32747373785c787368327b736a"><span class="__cf_email__" data-cfemail="6e0b02020f400601010a2e0a011a40090118">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Background: NHTSA announces its intent to establish a Negotiated 
Rulemaking Committee for Tire Safety in accordance with the Negotiated 
Rulemaking Act, 5 U.S.C. 561, et seq. and the Federal Advisory 
Committee Act (FACA), as amended, 5 U.S.C. ch. 10. In a negotiated 
rulemaking, an agency invites representatives of interested parties 
likely to be significantly affected by a regulation to work with each 
other and the agency on an advisory committee to seek to reach 
consensus recommendations on the appropriate resolution of the issues 
before the committee. If a consensus is reached, the Department will 
issue a proposed rule consistent with that consensus for public comment 
under established rulemaking procedures.
    This committee would be formed to assist NHTSA, an operating 
administration of the Department, with the development of consensus 
recommendations to inform a rulemaking proposal to modernize existing 
tire requirements and test procedures under the National Traffic and 
Motor Vehicle Safety Act (49 U.S.C. 30101 et seq.) and the 
Transportation Recall Enhancement, Accountability, and Documentation 
Act (TREAD), Public Law 106-414. Specifically, the committee would be 
tasked with developing a detailed term sheet consisting of consensus 
recommendations to inform the agency's rulemaking proposal.
    Consistent with its authority, NHTSA has determined that 
establishing a negotiated rulemaking committee is necessary and in the 
public interest based on agency regulatory review activities and 
stakeholder feedback. Previous actions included a prior request for 
comments concerning existing rules and agency actions that are 
candidates for repeal, replacement, suspension, or modification. 
Specifically, NHTSA issued an Advance Notice of Proposed Rulemaking 
(ANPRM) seeking public comment on the continued necessity and 
effectiveness of current Federal Motor Vehicle Safety Standards for 
tires.\1\ In response, the agency received comments from stakeholders 
highlighting the need to lower regulatory burdens and increase safety 
effectiveness by addressing existing and longstanding performance 
requirements, such as the tire strength (plunger energy) tests, bead 
unseating resistance tests, and tire

[[Page 67648]]

endurance tests currently found in FMVSS Nos. 109, 119, and 139.\2\ 
Furthermore, NHTSA has received official requests for interpretation--
such as a recent inquiry from Goodyear Tire and Rubber Co. regarding 
the marking and testing of ``Extra Load'' passenger tires with a 
maximum inflation pressure of 350 kPa--demonstrating ambiguities in 
applying current load classification standards to modern tire 
designs.\3\ These comments and requests underscore the limitations of 
the existing regulatory framework.
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    \1\ Federal Motor Vehicle Safety Standards; Tires, 84 FR 69698 
(Dec. 19, 2019).
    \2\ See Docket No. NHTSA-2019-0011, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    \3\ Nat'l Highway Traffic Safety Admin., Interpretation Letter 
No. NCC-240112 (Aug. 8, 2024), <a href="https://www.nhtsa.gov/interpretations/ncc-240112-goodyear-tire-and-rubber-co">https://www.nhtsa.gov/interpretations/ncc-240112-goodyear-tire-and-rubber-co</a>.
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    The agency initiated a rulemaking action (RIN 2127-AL96) in the 
Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions 
(``Unified Agenda''). As detailed in the Unified Agenda abstract for 
this RIN, the scope of the potential rulemaking and committee 
discussions would focus on tire testing as well as other tire-related 
issues.\4\ Through this negotiated rulemaking process, NHTSA would work 
collaboratively with interested stakeholders to address various topics 
of modernization. For tire testing, committee discussions would focus 
on the continued necessity and effectiveness of the tire strength test 
(plunger energy), the bead unseating resistance test, and the tire 
endurance test (chunking). For other tire-related issues, the committee 
would evaluate broader regulatory topics, including the incorporation 
of non-pneumatic tires, modernization of tire markings, and a specific 
petition from the Tire and Rim Association (TRA) regarding the 
inclusion of Load Range F light truck tires in FMVSS No. 139.\5\ Prior 
comments received from the public have also allowed the agency to 
identify interested stakeholders that might participate in the 
negotiated rulemaking process.\6\
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    \4\ See Spring 2018 Unified Agenda of Regulatory and 
Deregulatory Actions, RIN 2127-AL96, available at <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201804&RIN=2127-AL96">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201804&RIN=2127-AL96</a>.
    \5\ A separate rulemaking action is planned to address TRA 
petitions regarding the recognition of 250 kPa and 290 kPa 
(standard/extra load inflation pressures) and 415 kPa for T-type 
temporary spare tires. This planned rulemaking action would also 
address the requirements that tubeless tires be labeled 
``tubeless,'' radial tires be labeled ``radial,'' and tires be 
labeled with the number of plies in the sidewall and tread area.
    \6\ Supra note 2.
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    Proposed Agenda and Schedule: The committee would establish a 
working schedule to develop a rulemaking proposal within its chartered 
duration. In accordance with FACA, the charter shall terminate two 
years after the date on which the charter is filed, unless it is 
renewed by the Secretary. To ensure the committee timely completes its 
work within its two-year duration, NHTSA intents to publish a Notice of 
Proposed Rulemaking (NPRM) promptly after the committee submits its 
consensus recommendations, the Secretary approves them either as 
submitted or in modified form, and after appropriate consultation with 
the Office of Information and Regulatory Affairs. The Agency expects 
that the committee will finalize its deliberations and provide its 
detailed term sheet within the active period of its charter.
    The proposed agenda would include the drafting of a consensus 
report recommending specific regulatory updates. The committee would 
meet approximately four times per year with additional meetings as 
necessary to meet assigned tasks. Committee members would be provided 
with advance notice of any need to increase meeting frequency, and all 
meeting dates would be published in advance in the Federal Register in 
accordance with FACA requirements. Meetings would be open to the public 
and held virtually (or in a hybrid forum that does not require 
additional use of Federal funds), unless otherwise approved by the 
Secretary.
    Administrative Support: NHTSA would provide the necessary 
administrative support for the committee. This would include meeting 
facilities, virtual meeting access capabilities, technical assistance, 
and document management. In addition, NHTSA would procure the services 
of a neutral facilitator to manage the committee meetings and assist 
the members in reaching consensus. Committee members would not receive 
pay or other compensation for their committee service.
    Interests Significantly Affected and Membership: NHTSA has 
determined that establishing a negotiated rulemaking committee is in 
the public interest and that there are identifiable interests that 
would be significantly affected by the rulemaking. These groups include 
those that manufacture and sell tires in the United States, as well as 
groups that focus on engineering, safety, and general standard setting. 
To ensure a range of views among these groups, the agency proposes that 
the committee would consist of up to 18 members qualified to serve 
based on their expertise, training, experience, and ability to 
represent one of the identified categories. In general, appointments 
would reflect a balance of views and professional backgrounds.
    Due to the various groups identified and the desired number of 
representatives from each, no single group would have a controlling 
stake in the committee, and the approach would be to achieve consensus 
on any topic discussed or recommendation produced. The Secretary of 
Transportation would appoint each member for a single term of two years 
or until the completion of committee activities, whichever is sooner, 
unless otherwise renewed in accordance with FACA. All members serve at 
the pleasure of the Secretary, who may appoint a member or terminate 
any member's tenure at his discretion. The Secretary also may extend 
appointments and may appoint replacements for members who resign 
outside a stated term, as necessary.
    Pursuant to 5 U.S.C. 564(a)(4), NHTSA proposes representation from 
the following groups to reflect the interests significantly affected by 
this rulemaking:
    <bullet> Four representatives from tire manufacturers or tire 
retailers;
    <bullet> Two representatives from national motor vehicle 
manufacturers;
    <bullet> Four representatives from national motor vehicle or motor 
vehicle equipment manufacturing associations;
    <bullet> Two representatives from national motor vehicle or motor 
vehicle equipment safety organizations;
    <bullet> Three representatives from educational or research 
institutions, or testing organizations within the United States; and
    <bullet> Three representatives from national professional 
engineering associations or standard-setting associations.
    Anyone who feels these categories do not fully represent their 
interests should detail their reasoning in their comment or membership 
application. NHTSA requests comments and suggestions regarding its 
tentative list of significantly affected stakeholder categories from 
which potential members of the committee may be selected.
    Consistent with the Negotiated Rulemaking Act, the committee will 
also include a representative from NHTSA who will participate fully in 
the committee's deliberations and is authorized to represent the agency 
in discussions and negotiations. (5 U.S.C. 566(b)).
    Process and Deadline for Submitting Comments and Nominations: As 
part of establishing the committee, NHTSA is seeking public feedback. 
NHTSA welcomes public reviews of all aspects of the negotiated 
rulemaking committee described in this Notice, and requests comments 
specifically on (1) the

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proposed scope of the committee and (2) the proposed balance of 
representation on the committee. NHTSA will consider the comments and 
information received in establishing its Negotiated Rulemaking Advisory 
Committee for Tire Safety.
    Applications from interested individuals. To be considered for 
appointment, qualified applicants are invited to self-nominate or be 
nominated by any stakeholder or stakeholder organization by submitting 
the following information:
    <bullet> Name, title, and relevant contact (including phone, fax 
(if available), and email address) of the nominee and a description of 
the interests the applicant or nominee shall represent;
    <bullet> A letter of support from a company, association, academic 
or nonprofit organization on letterhead authorizing the applicant or 
nominee to represent parties related to the interest the person 
proposes to represent;
    <bullet> Short biography of the nominee, including professional and 
academic credentials; and
    <bullet> A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule under 
consideration.
    Each applicant must identify the category that he or she seeks to 
represent. Members should be senior level officials who are authorized 
to participate on the committee by their organizations and who either 
are experts on vehicle lighting with respect to the topics of interest 
to their organizations or who have access to such experts. Individuals 
applying for membership should keep in mind that committee members are 
representing a class of interests based on the sector identified and 
should be prepared to participate in committee activities from that 
perspective.
    Materials submitted should total two pages or less. An applicant 
should include his or her full legal name and date of birth in the 
application. Evaluations will be based on publicly available 
information and the materials submitted. Submissions must be sent to 
the location listed in the ADDRESSES section by the deadline listed in 
the DATES section. Applicants selected for appointment to the committee 
will be notified by return email and by letter of appointment.
    Authority: Issued under authority in 49 CFR 1.95.

Jonathan Morrison,
Administrator.
[FR Doc. 2026-21889 Filed 10-26-26; 8:45 am]
BILLING CODE 4910-59-P


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