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Federal Motor Vehicle Safety Standards; Retreaded/Regrooved for New Trailers
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 27, 1998 (Volume 63, Number 80)]
[Proposed Rules]
[Page 20564-20565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap98-28]
[[Page 20564]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket NHTSA-98-3398]
RIN 2127-AF05
Federal Motor Vehicle Safety Standards; Retreaded/Regrooved for
New Trailers
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Withdrawal of rulemaking.
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SUMMARY: This notice withdraws rulemaking in connection with a petition
from the Tire Retreading Institute (TRI) requesting that manufacturer-
supplied retreaded tires be permitted for installation on new trailers.
TRI said in its petition that there was no safety justification for the
limitations on the use of retreaded tires, and that there would be
significant environmental benefits from encouraging greater use of
retreads.
NHTSA is withdrawing rulemaking because of its concern that safety
could be degraded, since there is no safety standard establishing
performance requirements for retreaded tires to be used on new
trailers. Since there would be no means for the purchaser or this
agency to assure the quality of retreads installed on new trailers,
NHTSA is concerned that making the change in the petition could lessen
safety.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph P. Scott, Office of Crash
Avoidance Standards, National Highway Traffic Safety Administration,
400 Seventh Street, S.W., Washington, D.C. 20590 (202) 366-8525.
SUPPLEMENTARY INFORMATION:
a. Tire Retreating Institute (TRI) Petition
In 1993, the Tire Retreading Institute (TRI) filed a petition
asking the agency to permit trailer manufacturers and distributors and
dealers to install retreaded tires on new trailers without any
limitations. TRI said its petition that there was no safety
justification for the limitations on the use of retreaded tires, and
that there would be significant environmental benefits from encouraging
greater use of retreads. Docket No. 95-43 was initiated in response to
the Tire Retreading Institute (TRI) petition.
TRI asserted that the current restriction on the source of
retreaded tires is not supported by safety considerations, by
implication, asserting that retreaded tires are safe. TRI stated in its
comments that the Environmental Protection Agency (EPA) had urged the
industry to petition NHTSA to revise its regulations in this area.
TRI proposed new language for S5.1.3 of Sec. 571.120, as follows:
In place of tires that meet the requirement of Standard No. 119,
a trailer may be equipped with retreaded tires if the sum of the
maximum load ratings meets the requirements of S5.1.2 and the
purchaser is informed in writing that the trailer is equipped with
such retreaded tires.
b. History of NHTSA Tire Standard
FMVSS No. 120 requires that vehicles equipped with pneumatic tires
for highway service be equipped with new tires that meet the
requirements of either FMVSS No. 109 or FMVSS No. 119. However, in
place of tires that meet FMVSS No. 119 paragraph S5.1.3 of FMVSS No.
120 permits a truck, bus, or trailer to--at the request of the vehicle
purchaser--be equipped at the place of the vehicle's manufacture with
used or retreaded tires owned or leased by the vehicle purchaser. Only
the vehicle manufacturer can, per the request of the purchaser, install
retreaded tires on a new trailer--dealers and distributors are
prohibited. The sum of the maximum load ratings of the tires must meet
the requirements paragraph S5.1.2 of the standard, which requires the
sum of the maximum load ratings of the tires fitted to an axle to be
equal to the weight rating of the axle system. Also, only tires
originally manufactured to comply with FMVSS No. 119, as evidenced by a
DOT symbol marked on the sidewall of tire, can qualify for the S5.1.3
exception.
These limitations on the use of retreaded tires were established
because NHTSA has no safety standard for non-passenger car retreaded
tires. Absent a safety standard, NHTS decided to establish some
limitations--to help ensure reasonable safety--on the use of retreaded
or regrooved tires on new trucks and trailers. With respect to
retreads, the agency presumed that the trailer purchaser would impose a
quality control program for the retreads given to the trailer
manufacturer that would assure the purchaser that its new vehicle had
appropriate tires.
FMVSS No. 120 was promulgated in a Federal Register notice dated
January 23, 1976 (41 FR 3467) and became effective in phases between
September 1, 1976 and September 1, 1979. Initially, the S5.1.3
exception applied only to used tires owned or leased by the vehicle
purchaser, if the maximum load ratings were sufficient to carry the
loads of the axles on which they were installed. This action was
intended to accommodate ``mileage contract purchasers,'' a common
practice in the commercial truck, bus, and trailer industry by which
the purchaser's vehicles are equipped with tires purchased or leased
from a supplier on a cost-per-mile basis.
NHTSA reviewed the standard after its issuance and noticed some
minor errors and areas that required clarification. NHTSA published the
Notice of Proposed Rulemaking (NPRM) on October 30, 1980 (45 FR 71834)
proposing to amend S5.1.3 to permit the installation of retreaded as
well as used tires, but limiting the exception to mileage contract
purchasers only. The agency reasoned that suppliers who provided tires
on a mileage contract basis had a contractual obligation to ensure that
the tires were serviceable and safe for use on the vehicles for which
they were intended. The agency further stated that this safeguard would
not exist in the case of any other purchaser who was merely trying to
save the cost of purchasing new tires, since a purchaser could send the
vehicle manufacturer marginal or unsafe tires for mounting on a new
vehicle.
c. NPRM (October 30, 1980)
In response to the NPRM dated October 30, 1980, thirteen comments
were received by the docket--twelve of which opposed the provision
limiting the exception to mileage contract purchasers. The commenters
stated that it is common practice for all vehicle fleets, not just
mileage contract purchasers, to send tires from their banks to vehicle
manufacturers for mounting on the new vehicles that they order. Tire
banks are composed of serviceable tires that have been removed from
vehicles that are no longer in service. The commenters argued that the
proposal in the NPRM to limit the used/retreaded tire exception to
mileage contract purchasers would effectively eliminate the practice of
maintaining tire banks, thereby increasing the cost for the vehicle
fleets affected with no safety justification for doing so. Some
commenters also argued that it made no sense for a purchaser to spend
$65,000 to $75,000 for a new vehicle, then install unsafe tires on it.
Finally, one commenter correctly noted that FMVSS No. 120 did not
require that new vehicles be equipped with tires. Therefore, a
purchaser could--if they chose to do so--order a new vehicle without
tires, then install unsafe tires after delivery.
NHTSA was persuaded by those comments and decided not to limit the
[[Page 20565]]
use of used and retreaded tires only to mileage contract purchasers,
but to widen the exception to permit all purchasers to provide their
own tires. In addition, since all commenters who addressed the
retreaded tire proposal supported it, NHTSA adopted that provision for
inclusion in S5.1.3. NHTSA published the final rule promulgating the
current provisions of FMVSS No. 120 on May 17, 1984 (49 FR 20822).
d. Federal Register Notice (June 1, 1995)
On June 1, 1995, NHTSA's Federal Register Notice solicited comments
on TRI's petition and whether the standard should be further amended to
permit manufacturers, distributors, and dealers--in addition to
purchasers--to install used and/or retreaded tires on new trucks and
buses. Also in the notice, NHTSA posed fourteen questions in an attempt
to obtain data ranging from the percentage of purchasers that use tire
contracts and/or tire banks to the environmental impact of granting the
petition.
e. Agency's Decision
NHTSA received 13 comments in response to its notice. Three
commenters clearly supported the idea of expanding the use of retreads
on new trailers. TRI, the petitioner, repeated its request for that
expansion in its comments, noting that NHTSA has no safety data showing
that retreads are less safe than new tires. Dempster Industries, Inc.
(a trailer manufacturer) and Becker Tire & Treading, Inc. (a retreader)
both noted that recycling is important and the requested expansion
would result in cost savings for all. Two other commenters did not
oppose the idea of expanding the use of retreads on new trailers. The
American Trucking Association (ATA) stated that retreads cost about
half as much as new tires and that its members believe manufacturers
and dealers are capable of installing suitable retreads on new
trailers. ATA said that this should not present any serious problems if
the customer is clearly told what he or she is getting. Fixible, a bus
manufacturer, indicated that, while it did not oppose the change, that
company would continue to install only new tires, unless retreads were
provided by the purchaser.
Eight commenters opposed the expansion requested in the petition.
Two tire manufacturers, Dunlop and Continental General Tire, both urged
the agency to leave the requirements as they are. Dunlop noted that
there is no Federal standard regulating these retreads and that
allowing any retread to be used on new trailers would increase the
number of tire failures experienced by new trailers. Both the
Pennsylvania Department of Transportation and the Advocates for Highway
and Auto Safety also noted the absence of any Federal standard for
these retreads and recommended that any expansion in the use of
retreads on new trailers should be accompanied by a new Federal
standard for these retreads. The National Automobile Dealers
Association opposed the expansion, arguing that the price difference
for new vs. retreaded tires is insignificant when compared to the price
of a new vehicle. Two trailer manufacturers opposed the proposed
change. Big Tex Trailers stated that tires are critical to safety and
the prior history of retreads is not known. In that company's view, the
change requested would lessen safety. Sooner Trailer Manufacturing Co.,
Inc. commented that the National Association of Trailer Manufacturers,
which represents manufacturers of trailers with a gross vehicle weight
rating of less than 26,000 pounds, has adopted a recommendation that
its members refrain from using retreads as original equipment on new
trailers. Finally, the American Retreaders Association commented that
it opposed the change and that its members believe the current
regulatory provisions work well.
After considering these comments and reexamining this area, NHTSA
has decided to terminate rulemaking on this petition. Standard No. 120
currently requires a quality control check of tires mounted on new
vehicles other than passenger cars. If those tires are new tires, they
must be certified as complying with NHTSA's safety standards for new
tires. If the tires mounted on new vehicles are used or retreaded
tires, the purchaser has furnished those tires to the vehicle
manufacturer. Given the substantial investment the purchaser is making
in a new vehicle, NHTSA has trusted purchasers to take adequate steps
to assure that the tires given to the manufacturer are safe and
suitable for use on the new vehicle.
Under the approach requested in TRI's petition, quality control of
the tires on new trailers would be left up to vehicle manufacturers and
dealers. As noted in the comments, there is no Federal safety standard
for non-passenger car retreads. In addition, NHTSA is unaware of any
voluntary consensus industry standard for these retreads. Given these
circumstances, it would be very difficult for vehicle manufacturers and
dealers to apply any uniform standards for quality control purposes.
Absent uniform standards, it would be difficult to assure no
degradation of safety of the tires installed on new trailers and other
non-passenger cars.
NHTSA would reexamine this area if information becomes available
indicating that adequate quality control could be assured, such as an
industry standard, best practices of major retreaders, or other
voluntary approaches, as well as, a possible Federal Safety Standard.
Without assuring quality control of these retreads, NHTSA is concerned
that the safety of tires on new trailers would be diminished.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Issued on: April 21, 1998.
Ricardo Martinez,
Administrator.
[FR Doc. 98-11177 Filed 4-24-98; 8:45 am]
BILLING CODE 4910-59-M