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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
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NHTSA also proposed amendments to Table III in FMVSS No. 119, the endurance test schedule, which had been included in a prior NPRM
proposing upgrades to FMVSS No. 119.4
These included technical corrections to Table III of FMVSS No. 119 to include items that have been inadvertently omitted from the table through amendments to the standard, including those pertinent to specialty tires. The NPRM proposed correcting the omission of load range C, D, M, and N for speedrestricted service tires, load range A
through E and M from the list of All other tires, and missing footnotes.
The August 2019 NPRM also included several nonsubstantive technical amendments:
A corresponding amendment to FMVSS No. 110 to remove a reference to FMVSS No. 109 as a standard under which specialty tires could be certified.
Clarification that tires manufactured for vehicles manufactured in the year 1975 are subject to FMVSS
No. 109.
The reinsertion of a footnote in Table II of FMVSS No. 119 that had inadvertently been omitted, stating that the minimum breaking energy requirements for rayon cord tires is 60
percent of those listed in the Table II.5
Formatting changes and revised headings in Table II of FMVSS No. 119
to make the table easier to read.6
Correction of the formula in S7.3f1 of FMVSS No. 119 for computing breaking energy of a tire when using metric units.7
Correction of the values for total number of revolutions of the test wheel during the endurance test in Table III of FMVSS No. 119.
Clarification that deep tread 18/32
inch or greater light truck tires are excluded from FMVSS No. 139. NHTSA
had previously determined that such tires should be subject to FMVSS No.
119.8
Clarification that FMVSS No. 139
excludes tires with rim diameters of 12
inches and below, not 8 inches as it currently is stated. Tires with rim diameters between 8 and 12 inches are considered specialty tires that will be subject only to FMVSS No. 119.
The insertion of a missing heading referencing light truck tires with a 4 75 FR 60036 Sep. 29, 2010. These proposals did not receive adverse comments responding to that NPRM.
5 This amendment had been proposed previously in a January 10, 2013 Supplemental NPRM and NHTSA received no adverse comment. See 78 FR
2236.
6 Id.
7 Id.
8 Supra note 2.

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nominal cross section 295 mm 11.5
inches in the tables setting forth the test pressure for the high speed performance test, the tire endurance test, and the low inflation pressure performance test for light trucks in FMVSS No. 139.
Correction of NHTSAs current address in FMVSS No. 110 and FMVSS
No. 139.
Typographical errors in the application section of FMVSS No. 110.
II. Summary of the Comments Received and NHTSAs Response NHTSA received three comments in response to the August 2019 NPRM, one from the Japan Automobile Tyre Manufacturers Association JATMA
and two separate comments from the U.S. Tire Manufacturers Association USTMA, both of which are trade associations representing tire manufacturers.
JATMAs comment supported the proposal. However, JATMA also sought an amendment to S5.5.1 of FMVSS No.
139 to reflect new Tire Identification Number TIN stipulated in 49 CFR part 574.5. 9 Although JATMA does not specify precisely what in S5.5.1 of FMVSS No. 139 it wants amended, NHTSA believes that JATMA is likely referring to the reference to an optional code.
NHTSA is not accepting this suggested amendment from JATMA in the final rule. In an April 13, 2015 final rule, NHTSA updated the TIN
requirements to standardize the length of the TIN to 13 symbols for new tires, making no part of the TIN optional.10
However, compliance with these new requirements is optional until April 13, 2025 for most new tire manufacturers.
Until that date, some tire manufacturers may be following the older TIN content requirements, which include an optional code. Therefore, NHTSA will not consider removing the references to an optional code in FMVSS No. 139, as suggested by JATMA, until after April 13, 2025.
USTMAs first comment was supportive of the proposal. However, it noted that the heading of section III.A
in the NPRM referred to the Date of Manufacture of Tires Subject to FMVSS
No. 109. USTMA noted that the applicability of FMVSS No. 109 hinges on the date of manufacture of the vehicle rather than the date of manufacture of the tire. USTMA is correct. However, as they noted in their comment, the text following the heading 9 JATMA comments, Docket No. NHTSA2019
00740002, at 1.
10 80 FR 19553.

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referred to the applicability of FMVSS
No. 109 correctly.
USTMA submitted a second comment identifying a typographical error in FMVSS No. 119 not discussed in the NPRM. FMVSS No. 119, S6.3 sets forth requirements for the high speed performance test and refers to test procedures specified in S7.3. However, USTMA observed that the test procedures for the high speed performance test in FMVSS No. 119 are actually located in S7.4. USTMA
requested that NHTSA correct this typographical error. NHTSA agrees that this is a typographical error and is correcting the error in this final rule.11
Finally, NHTSA has reviewed the updates and clarifications in the proposal and has found that one additional change to the presentation of Table II of FMVSS No. 119 would be helpful. Specifically, NHTSA is separating the column containing light truck tires and tubeless tires with rim diameter code 17.5 or smaller into two separate columns. Although these tires use the same plunger size and have the same performance requirements for any given load range, including them in the same column made the column heading either ambiguous or too long. This nonsubstantive change should ease reader understanding.
III. Final Rule For the reasons stated in the August 2019 NPRM, NHTSA is adopting all of the amendments proposed in the August 2019 NPRM except for the modification to Table II of FMVSS No. 119 discussed in the prior paragraph. The Agency is also amending S6.3 of FMVSS No. 119
to correct a typographical error, as discussed in the response to the comment from USTMA.
IV. Rulemaking Analyses and Notices 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 Transportations 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 rule clarifies the applicability of the FMVSSs to tires intended for use on 11 NHTSA finds that there is good cause to exempt this amendment from the notice-andcomment procedure usually undertaken prior to adopting amendments. Advance notice of this amendment is unnecessary because this is merely a correction of an obvious typographical error.

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