[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Rules and Regulations]
[Pages 79114-79122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32433]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 575
[Docket No. NHTSA-2011-0177]
RIN 2127-AK83
Tire Fuel Efficiency Consumer Information Program
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; response to petitions for reconsideration.
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SUMMARY: This document responds to petitions for reconsideration of a
March 30, 2010 final rule that established test methods to be used by
tire manufacturers to generate comparative performance information in
order to inform consumers about differences in the fuel efficiency
(rolling resistance), safety (wet traction), and durability (treadwear)
of replacement passenger car tires. The final rule also established
reporting requirements for the generated performance information. In
response to the petitions, today's final rule revises certain aspects
of the reporting requirements and clarifies others, incorporates by
reference a publication cited in the final rule but not included with
the other publications incorporated by reference, and clarifies the
scope of the program by amending the definition of the term,
``replacement passenger car tires.''
DATES: Today's final rule is effective January 20, 2012. The
incorporation by reference of certain publications listed in the rule
was approved by the Director of the Federal Register as of June 1,
2010.
The various compliance dates for these regulations are set forth,
as applicable, in Sec. 575.106(e)(1)(iii).
Petitions for reconsideration must be received February 6, 2012.
ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, National Highway Traffic Safety
[[Page 79115]]
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
For policy and technical issues: Ms. Mary Versailles, Office of
Rulemaking, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2057.
For legal issues: Mr. William H. Shakely, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2992.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Final Rule
B. Overview of Petitions for Reconsideration
II. Petitions for Reconsideration and Agency's Response
A. Reporting Format and Information to be Reported
B. Ongoing Reporting Requirements for New or Different Rating
Information
C. Reporting Requirements for Exempted Tires
D. Incorporation by Reference of ASTM E 501
E. Definition of ``Replacement Passenger Car Tire''
F. Issues Not Decided by the March 2010 Final Rule
III. Regulatory Notices and Analyses
A. Executive Order 12866 and DOT Regulatory Policies and
Procedures
B. Paperwork Reduction Act
C. Regulation Identifier Number (RIN)
D. Privacy Act
I. Background
A. Final Rule
The Energy Independence and Security Act of 2007 (EISA) \1\
included a requirement that NHTSA develop a national tire fuel
efficiency consumer information program (TFECIP) to educate consumers
about the effect of tires on automobile fuel efficiency, safety, and
durability.
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\1\ Public Law 110-140, 121 Stat. 1492 (Dec. 18, 2007).
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On June 22, 2009, NHTSA published a notice of proposed rulemaking
(NPRM) for the TFECIP.\2\ The NPRM proposed to require manufacturers to
rate their tires using the ISO 28580 test methods for rolling
resistance (fuel efficiency), and the existing uniform tire quality
grading standards (UTQGS) test methods for wet traction (safety) and
treadwear (durability). The NPRM also proposed to require replacement
tires to be labeled for each of these three ratings using a 0 to 100
scale, and proposed to require manufacturers to report various data
concerning replacement tires to NHTSA. The agency received over 600
pages of comments on the NPRM.
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\2\ See Notice of Proposed Rulemaking, Tire Fuel Efficiency
Consumer Information Program, 74 FR 29542 (June 22, 2009); Docket
No. NHTSA-2008-0121-0014.
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On March 30, 2010, NHTSA published a final rule specifying the test
methods to be used to measure three aspects of tire performance:
rolling resistance, wet traction, and treadwear life.\3\ The final rule
also included revised reporting requirements for manufacturers. The
final rule did not include any of the requirements for the consumer
information and education portions of the TFECIP.\4\ Instead, NHTSA
announced that, based on the comments the agency had received, it had
decided to conduct additional research before issuing a new proposal
for these requirements.
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\3\ See Final Rule, Tire Fuel Efficiency Consumer Information
Program, 75 FR 15894 (Mar. 30, 2010); Docket No. NHTSA-2010-0036-
001.
\4\ Although the March 2010 final rule did not include
requirements for how the performance information would be displayed,
the final rule noted that Section 111 of EISA explicitly prohibits
NHTSA from requiring permanent labeling on the tire for the purposes
of tire fuel efficiency information (49 U.S.C. 32204A(d)).
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B. Overview of Petitions for Reconsideration
The agency received nine petitions for reconsideration of the March
2010 final rule, including one petition from the Rubber Manufacturers
Association (RMA), a tire industry trade association, and eight
petitions from individual tire manufacturers. Except for a supplemental
petition filed by Bridgestone Americas Tire Operations, LLC
(Bridgestone), the tire manufacturers' petitions indicated their
support for the RMA petition and did not raise any additional issues or
arguments. Therefore, only the issues raised by the RMA petition and
the Bridgestone supplemental petition are addressed by this document.
These issues are summarized below:
RMA petitioned the agency to reconsider the final rule's
requirement that tire manufacturers report the tire fuel efficiency
(TFE) rating information as part of the Early Warning Reporting (EWR)
data submissions.
RMA petitioned the agency to clarify the section of the
final rule requiring tire manufacturers to report new or different
rating information to NHTSA and recommended separating the section into
two distinct requirements, one for rating information for new tires and
one for new or different rating information for existing tires. RMA
further petitioned the agency to reconsider the requirement that new or
different ratings be reported not more than 30 days after the receipt
of information that would determine such new or different ratings.
RMA petitioned the agency to reconsider the language used
to establish the reporting requirements for exempted tires, asserting
that the final rule was unclear as to whether a manufacturer is
permitted to update its list of exempted tires, either by including new
exempted tires on the list or by removing tires on the list that no
longer meet the requirements for exemption.
RMA petitioned the agency to incorporate by reference ASTM
International E 501-08, ``Standard Specification for Standard Rib Tire
for Pavement Skid-Resistance Tests,'' (``ASTM E 501''), a publication
that was cited in the final rule but for which a citation was not
included with the other publications incorporated by reference in Sec.
575.3.
Bridgestone petitioned the agency to clarify the
definition of ``Replacement passenger car tire.''
RMA offered comments regarding issues not decided in the
March 2010 final rule, including: the metric for expressing rolling
resistance; the determination of the ratings for rolling resistance,
wet traction, and treadwear; the selection of the lab alignment tires
and reference laboratory or laboratories consistent with ISO 28580; and
the lead time for compliance with the requirements.
II. Petitions for Reconsideration and Agency's Response
A. Reporting Format and Information To Be Reported
The March 2010 final rule established reporting requirements for
tire manufacturers, requiring each manufacturer to report to NHTSA the
rolling resistance rating, wet traction rating, and treadwear rating
for each stock keeping unit (SKU) it manufactures.\5\ The final rule
reduced the amount of required information contemplated in the NPRM,
which had proposed requiring tire manufacturers to report the base test
values upon which the ratings were calculated. Regarding the format,
the final rule required rating information to be reported as extra
columns in the EWR electronic data submissions required by Section 26
of Part 579, which requires tire manufacturers to report tire
production information.
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\5\ These reporting requirements will be implemented as
indicated in a forthcoming final rule (49 CFR 575.106(e)(1)(iii)).
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[[Page 79116]]
The purpose of the reporting requirements for the TFECIP is to
provide consumers with a database that allows cross-comparisons of tire
brands, and for the functioning of the online fuel economy calculator.
RMA petitioned the agency to reconsider the format of the reporting
requirements. First, RMA cited the difference in reporting frequency
between EWR information and TFECIP rating information. Specifically,
RMA noted that EWR production information is submitted quarterly, while
the final rule contemplated one-time reporting of TFECIP rating
information for existing tires, with additional reporting of tire
rating information for new tires relative to their introduction to the
market. RMA asserted that because, in the vast majority of cases,
TFECIP rating information would not change after the information was
initially reported, requiring the information to be reported quarterly
would impose an additional and unnecessary burden on tire manufacturers
and increase the complexity of their EWR submissions.
Second, RMA noted that the EWR program is managed by NHTSA's Office
of Defects Investigation for the purpose of identifying potential
safety issues, while the TFECIP rating information will likely be used
and managed by NHTSA's Offices of Rulemaking and Vehicle Compliance for
the purpose of providing consumer information. RMA indicated that,
likewise, responsibility for reporting the two types of information
will likely lie with different departments within each tire
manufacturer. Accordingly, RMA contended that separating the reporting
of each type of information would likely increase efficiency.
Third, RMA noted that the EWR electronic reporting system has input
verification checks, and it was concerned that adding columns to the
EWR data submission could potentially cause rejection of submissions,
leading to delays and jeopardizing the manufacturers' ability to timely
comply with the EWR requirements.
Fourth, RMA noted that the EWR submissions include some
confidential information, while the TFECIP rating information is
intended to be disseminated to the public. RMA indicated that
separating the two types of submissions would streamline the data
management process.
Finally, RMA cited Congress's contemplation of legislation that
could change the EWR program and recommended that EWR and TFECIP
submissions be separated so that the reporting of TFECIP rating
information would not be inadvertently affected by the potential
legislation.
Based on these reasons, RMA recommended that TFECIP rating
information be submitted in a specified electronic format, such as a
spreadsheet. RMA further recommended that the agency provide a template
for manufacturers to use so that TFECIP submissions would be in a
consistent format and could be uploaded efficiently to NHTSA's consumer
tire Web site.
Agency Response--The agency is granting RMA's request to separate
the TFECIP rating information submissions from the EWR reports. The
NPRM contemplated a reporting system consisting of both a spreadsheet
template and an online data reporting system. The final rule mandated
that tire rating information be submitted as extra columns in each
manufacturer's EWR submission based on the rationale that such a format
would impose a minimal burden on manufacturers. However, in light of
RMA's comments, NHTSA agrees that the difference in reporting frequency
between TFECIP submissions and EWR submissions would make it
complicated for manufacturers to combine both submissions.
Accordingly, today's final rule eliminates the requirement that
TFECIP rating information be submitted as extra columns in a
manufacturer's EWR submission and, instead, requires that rating
information be submitted to NHTSA by mail, facsimile, or email.
Additionally, because the tire rating information will no longer
accompany the EWR submissions, this final rule requires that certain
identification information that would have been contained in the EWR
submissions be included with the separate rating information
submissions. This required identification information includes the
manufacturer's name, the brand name owner (if different than the
manufacturer), the tire line, the SKU, and the tire size.
Because this identification information is now required by Sec.
575.106, a new definition is being added to this section and an
existing definition is being amended to clarify what information is
required. The term ``manufacturer'' is not defined in Part 575. In
order to specify the meaning of this term for the purpose of the rating
information submissions, as well as to clarify the applicability of the
requirements of Sec. 575.106, this final rule includes a definition of
the term ``manufacturer'' in Sec. 575.106 based on the definition used
in Part 579, Reporting of Information and Communications About
Potential Defects,\6\ which specifies the EWR requirements.
Additionally, the definition of the term ``tire line'' is amended to
remove the phrase ``or tire model.'' The term ``tire model'' is not
used anywhere else in the regulatory text, and, within the tire
industry, the term is often used to represent the finite element or
mathematical model of a tire, rather than the name a manufacturer uses
to designate a tire product. Accordingly, to define it differently in
Sec. 575.106 could be potentially confusing.
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\6\ 49 CFR 579.4.
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At this time, the agency is not requiring a specific format for the
submission of rating information. The agency is exploring the
development of an online submission form and is considering the use of
such a form as a future improvement to facilitate submissions.
In the NPRM, NHTSA proposed a reporting system consisting of both a
spreadsheet template and an online data reporting system. The estimated
reporting costs based on this proposed system were examined in detail
in the Preliminary Regulatory Impact Analysis (PRIA).\7\ In the Final
Regulatory Impact Analysis (FRIA),\8\ NHTSA responded to manufacturer
comments on the initial estimates of these costs. However, NHTSA did
not modify those estimates to account for the cost savings realized by
combining the TFECIP reports with the EWR reports, and no comments
regarding the final estimates were submitted. Therefore, NHTSA believes
that the estimated reporting costs in the March 2010 final rule
accurately reflect the expected reporting costs associated with the
amended reporting requirements established by today's final rule,
which, like the proposed reporting system described in the NPRM,
require TFECIP rating information to be submitted separately.
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\7\ Preliminary Regulatory Impact Analysis, Notice of Proposed
Rulemaking Replacement Tire Consumer Information Program Part
575.106, June 2009 (Docket No. NHTSA-2008-0121-0015.1).
\8\ Final Regulatory Impact Analysis, Replacement Tire Consumer
Information Program Part 575.106, March 2010 (Docket No. NHTSA-2010-
0036-0002.1).
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B. Ongoing Reporting Requirements for New or Different Rating
Information
In addition to establishing initial reporting requirements for
manufacturers, the March 2010 final rule established ongoing reporting
requirements. Specifically, the final rule required a manufacturer who
receives information that would determine new or different rating
information for its
[[Page 79117]]
tires to report the new or different rating information to NHTSA within
30 days of receiving the information. Additionally, the preamble to the
NPRM and the preamble to the final rule stated that, after the initial
reporting period, manufacturers would be required to submit information
for new tires at least 30 days prior to introducing the tires for sale,
as is required for UTQGS information.\9\
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\9\ 49 CFR 575.6(d)(2)(i).
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In its petition, RMA noted that the language of the preamble and
the final rule appeared to be designed to address two situations: (1)
Reporting information for new tires entering the market, and (2)
reporting revised rating information for existing tires. RMA
recommended that NHTSA create separate requirements for these two
situations and clarify the reporting requirements for each situation.
Regarding the reporting requirements for new tires, RMA supported
the requirement, as stated in the preamble, that new tire information
be submitted at least 30 days prior to introducing the tire for sale.
Regarding the reporting requirements for revised rating information,
RMA requested that NHTSA reconsider its requirement that such
information be submitted no more than 30 days after the manufacturer
receives information that would determine new or different rating
information. RMA stated that when new information is received, the
manufacturer will need time to analyze it, check its validity, and
assess whether the information necessitates a change in rating
information. RMA indicated that it would be impracticable to conduct
such an assessment and prepare a submission to NHTSA within 30 days.
RMA requested that the time period for reporting new or different
rating information be revised to reflect that the 30 day period begins
when the manufacturer makes a determination that a revised rating is
necessary, rather than when the new information is received.
Agency Response--The agency is granting in part RMA's request to
amend the ongoing reporting requirements for tire manufacturers by
creating separate requirements for each type of reporting situation.
The agency is also granting in part RMA's request to amend the required
time period for reporting new or different rating information.
NHTSA agrees that the section of the final rule regarding ongoing
reporting requirements does not clearly address the different
situations where further reporting might be required following the
submission of the manufacturer's initial report, i.e., the introduction
of new tires and the determination of new or different rating
information for existing tires. Specifically, the final rule did not
reflect the requirement, stated in the preamble, that manufacturers
report rating information for new tires at least 30 days prior to
introducing them for sale.
Accordingly, today's document amends the ongoing reporting
requirements by creating separate and distinct requirements for new
tire information and revised rating information. For new tire
information, today's final rule adopts the requirement stated in the
preambles to the NPRM and the March 2010 final rule, namely that
manufacturers must report rating information for new tires to NHTSA at
least 30 days prior to introducing the tires for sale. This requirement
is consistent with the UTQGS requirements at 49 CFR 575.6(d)(2)(i).
However, NHTSA believes that there are two different situations
that could require a revised rating. One such situation, as noted by
RMA, is where a manufacturer receives information regarding an existing
tire indicating that revised rating information for that tire may be
necessary. In such a situation, NHTSA agrees that 30 days is an
insufficient amount of time for the manufacturer to assess the validity
of the information and prepare a submission to NHTSA. However, the
agency continues to believe that it is in consumers' best interests to
have revised rating information reported in a timely manner, and we do
not believe that RMA's proposed reporting period adequately ensures the
timely reporting of such information. RMA's proposed reporting period
would be based on each manufacturer's own timeline for determining
whether revised rating information was necessary, with no specified
limit on the length of the determination period. In balancing the need
for timely reporting of revised information with the need for accurate
information, the agency is expanding the reporting period from 30 days
to 120 days from the date that the new information is received by the
manufacturer. We believe that 120 days is a reasonable amount of time
for the manufacturer to assess the validity of the new information,
make a determination whether the rating information for the tire needs
to be revised, and submit that revised information to NHTSA.
This additional time will allow the manufacturer to analyze the new
information and make a reasoned determination as to whether a revised
rating is necessary. For example, a test may indicate that the rating
information for an existing tire is incorrect, but further review of
the test might show a test anomaly that explains the results. In such a
situation, although revision of the tire's rating might have been
suggested by the initial test results, such revision is not actually
necessary. Accordingly, amending the reporting period will help prevent
the potential reporting of inaccurate rating information by allowing
the manufacturer time to determine the validity of the new information
it receives.
The other situation where a rating is revised is when design
changes to a tire affect the accuracy of the rating information and
necessitate the submission of revised rating information. Because a
design change is initiated by the manufacturer, the agency does not
believe that an extended reporting period is warranted. Because this
situation is comparable to the introduction of an entirely new tire,
NHTSA believes that it is reasonable to require the manufacturer to
evaluate the design change's effect on the tire's rating information
prior to introducing the redesigned tire for sale. Accordingly, NHTSA
is requiring that when a manufacturer makes a design change to a tire
that affects the accuracy of the rating information for that tire, the
manufacturer must report the revised rating information to NHTSA at
least 30 days prior to introducing the redesigned tire for sale.
C. Reporting Requirements for Exempted Tires
EISA specifies that the tire fuel efficiency requirements are to
apply only to replacement tires covered under 49 CFR 575.104(c).\10\
Section 575.104 is the federal regulation that requires motor vehicle
and tire manufacturers and tire brand name owners to provide
information indicating the relative performance of passenger car tires
in the areas of treadwear, traction, and temperature resistance. This
section of NHTSA's regulations specifies the test methods to determine
UTQGS, and mandates that these standards be molded onto tire sidewalls.
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\10\ 49 U.S.C. 32304A(a)(3).
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Section 575.104 applies only to new pneumatic tires \11\ for use on
passenger cars but does not apply to deep tread, winter-type snow
tires, space-saver or temporary use spare tires, tires with nominal rim
diameters of 12 inches or
[[Page 79118]]
less, or to limited production tires as defined in 49 CFR
575.104(c)(2). Because EISA specifies that the TFECIP requirements are
to apply only to tires covered by Section 575.104, these exclusions
were adopted in the NPRM and final rule.\12\ Additionally, the final
rule explicitly excluded replacement light truck (LT) tires from the
TFECIP because they are not passenger car tires and, accordingly, are
not covered by Section 575.104.
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\11\ The term pneumatic tire is a broad one that essentially
means air-filled tires (49 CFR 571.139, New Pneumatic Radial Tires
for Light Vehicles).
\12\ We acknowledge that the technical term for rim diameter is
``rim code.'' We have chosen to use the term ``rim diameter''
because that is the term used in Section 575.104(c), the regulation
from which the exempted categories of tires are adopted.
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The final rule also established reporting requirements for
manufacturers of these excluded types of tires, collectively referred
to as ``exempted tires.'' Specifically, the final rule stated that each
manufacturer must report all tire lines, size designations, and SKUs
for the tires it manufactures which are exempted from the TFECIP. For
manufacturers that are otherwise required to report rating information,
the final rule stated that exempted tire information could be included
with the rating information in the manufacturers' EWR submissions. For
manufacturers that only produce exempted tires, the final rule required
a one-time statement listing each one of the manufacturer's tire models
(lines)/sizes, as well as a statement that each of its tire models
(lines)/sizes is exempted from the applicability of the regulation and
thus not rated. The preamble to the final rule explained that this
information would be useful to consumers who wish to understand which
tires are not rated and why, and, accordingly, would be made available
on NHTSA's Web site. The agency determined that requiring the
submission of such information would impose a minimal burden on
manufacturers.
As discussed above, the final rule also established ongoing
reporting requirements, which stated that a manufacturer who receives
information that would determine new or different rating information
must report the new or different rating information to NHTSA within 30
days. Additionally, the preamble to the final rule stated that when a
manufacturer introduces a new tire model (line) or size that it
believes to be exempted from the TFECIP, it must send a statement
declaring this information to NHTSA at least 30 days before the tire is
first offered for sale.
In its petition, RMA noted that the final rule could be interpreted
as establishing only initial reporting requirements for exempted tires.
Specifically, RMA cited to the requirement that exempted tire
manufacturers submit a ``one-time statement'' listing their tires,
asserting that the use of the term makes the reporting requirements
unclear. RMA requested that NHTSA clarify the language of the final
rule to make clear that the ongoing reporting requirements apply to
exempted tire manufacturers, allowing them to amend their statements to
include new exempted tires and to remove listed tires that are no
longer exempted.
Agency Response--The agency is granting RMA's request to clarify
the language of the reporting requirements to reflect that
manufacturers of exempted tires must report information regarding new
exempted tires as well as any new or different information regarding
existing exempted tires.
The March 2010 final rule required that a manufacturer who only
produces exempted tires submit a ``one-time statement'' listing the
tires it manufactures and certifying that none of the listed tires are
required to be rated. The final rule's use of the term ``one-time
statement'' was meant to distinguish the reporting requirements for
manufacturers that only produce exempted tires from the requirements
for manufacturers that produce both exempted and rated tires. The final
rule permitted these latter manufacturers to submit information
regarding their exempted tires with TFECIP rating information as part
of their quarterly EWR statements. Accordingly, the use of the term
``one-time statement'' was not meant to exclude manufacturers of
exempted tires from the ongoing reporting requirements.
However, NHTSA agrees that the language of the final rule does not
clearly address the ongoing reporting requirements of exempted tire
manufacturers. Specifically, the final rule did not reflect the
requirement, stated in the preamble, that manufacturers report
information for new exempted tires at least 30 days prior to
introducing them for sale. Additionally, the final rule only required
that new or different rating information be reported after the initial
reporting period and did not include any reporting requirements for new
or different information regarding exempted tires. The reasoning behind
requiring manufacturers to initially report information regarding their
exempted tires is equally applicable to requiring manufacturers to
report information for new exempted tires and new or different
information for existing exempted tires. Such information would be
useful to consumers who wish to understand which tires are not rated
and why.
As explained above, today's final rule amends the reporting
requirements for manufacturers of rated tires, eliminating the
requirement that rating information be submitted with each
manufacturer's EWR report, and thus removes the distinction in
reporting frequency between manufacturers of both rated and exempted
tires and manufacturers of only exempted tires. This final rule also
amends the ongoing reporting requirements for tire manufacturers.
Specifically, today's document creates separate requirements for
reporting rating information for new tires and reporting new or
different rating information for existing tires. Rating information for
new tires and revised rating information for redesigned tires must be
reported to NHTSA at least 30 days prior to introducing the tires for
sale. Revised rating information for existing tires based on new
information must be reported to NHTSA no more than 120 days from the
date that the manufacturer receives information that would determine
new or different ratings.
Because the agency's decision to separate the TFECIP reporting
requirements from the EWR reporting requirements will result in a small
cost increase to manufacturers, NHTSA reviewed the need for reporting
information regarding exempted tires. The March 2010 final rule stated
that the TFECIP does not apply to LT tires, deep tread, winter-type
snow tires, space-saver or temporary use spare tires, tires with
nominal rim diameters of 12 inches or less, or to limited production
tires. The final rule required that manufacturers report information on
each of these categories of tires. After further review, NHTSA has
decided to limit the categories of exempted tires for which information
must be reported to the agency.
The purpose of reporting information on exempted tires is that it
would be useful to consumers who wish to understand which tires are not
rated and why. The agency acknowledges that some categories of exempted
tires are already marked in ways that will allow consumers who examine
the tires to understand why rating information is not available. For
example, light truck tires are marked with the letters ``LT'', ``C'',
``CP'', or ``MPT'' and space-saver or temporary use spare tires are
marked with the letter ``T.'' Likewise, each tire is marked with its
rim diameter, so that consumers examining the tire will be able to
identify tires with nominal rim diameters of 12 inches or less.
Accordingly, because these categories of
[[Page 79119]]
tires already display identifiable markings distinguishing them from
tires covered under the TFECIP, the agency is not requiring
manufacturers to report information on tires within these categories.
Instead, the agency is only requiring manufacturers to report
information on deep tread, winter-type snow tires \13\ and limited
production tires. Tires within these categories may not display
markings that would allow a consumer to readily determine that they
were exempt from the TFECIP.
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\13\ The agency notes that manufacturers may voluntarily use an
``Alpine Symbol'' to label certain tires that attain a particular
traction index when using a specified snow traction test. 49 CFR
571.139. However, as use of the symbol is voluntary, NHTSA believes
that requiring information on these types of tires to be reported is
necessary to ensure that all deep tread, winter-type snow tires are
identified as exempt from the rating requirements of the TFECIP.
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In order to clarify that exempted tire manufacturers are also
subject to the ongoing reporting requirements, this final rule amends
these requirements to reflect that manufacturers must submit
identifying information for all new tires in the exempted categories
listed above as well as any new or different information regarding
existing tires in those categories. Such new or different information
would include the fact that a listed exempted tire no longer qualifies
as exempted. The ongoing reporting requirements for exempted tire
information are the same as those for rated tires. Information for new
exempted tires and revised information for redesigned tires must be
reported to NHTSA at least 30 days prior to introducing the tires for
sale. Revised information for existing tires based on new information
must be reported to NHTSA no more than 120 days after the manufacturer
receives the new information.
D. Incorporation by Reference of ASTM E 501
In the March 2010 final rule, the agency amended Sec. 575.3,
Matter incorporated by reference, to include a centralized index of all
of the publications incorporated into part 575. This was not intended
to alter the substance of any references, but merely to consolidate all
of the incorporations by reference contained in part 575. The final
rule also updated the existing information in Sec. 575.3 to include
new language regarding procedures for retrieving materials from the
National Archives and Records Administration and a new format
indicating the sections where incorporated materials were referenced.
ASTM E 501 was one of the publications referenced in part 575 prior to
the promulgation of the March 2010 final rule, specifically in Sec.
575.104(f), which describes the UTQGS test methods for traction
grading. The final rule amended Sec. 575.104(f) to reflect that ASTM E
501 was incorporated by reference, citing Sec. 575.3.
In its petition, RMA noted that, despite the amended language of
Sec. 575.104(f), Sec. 575.3 does not contain a citation for ASTM E
501. RMA requested that NHTSA include a citation for ASTM E 501 in
Sec. 575.3 and suggested that the reference should state the full name
of the standard, ASTM E 501-8, ``Standard Specification for Standard
Rib Tire for Pavement Skid-Resistance Tests,'' rather than simply ASTM
E 501.
Agency Response--NHTSA is granting RMA's request to include a
citation for ASTM E 501 in Sec. 575.3. Pursuant to 5 U.S.C. 552(a) and
1 CFR part 51, when NHTSA wishes to incorporate the standards and
practices of other standardizing bodies into its regulations, it may
incorporate those materials by reference instead of reproducing them
verbatim. It must, however, obtain the approval of the Director of the
Federal Register for each such incorporation. In preparation for the
publication of the March 2010 final rule, NHTSA sought and received
approval from the Director of the Federal Register to incorporate by
reference various publications cited in the final rule, including ASTM
E 501. However, the final rule unintentionally failed to include a
citation for ASTM E 501 in Sec. 575.3. Accordingly, today's final rule
adds a citation for ASTM E 501 in Sec. 575.3. As suggested by RMA, the
citation states the full name of the standard.
E. Definition of ``Replacement Passenger Car Tire''
As explained above, EISA specifies that the TFECIP requirements
only apply to replacement tires covered under 49 CFR 575.104(c).\14\
Section 575.104 specifies the test methods to determine UTQGS, and
mandates that these standards be molded onto tire sidewalls.
---------------------------------------------------------------------------
\14\ 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------
Section 575.104 applies to new pneumatic tires for use on passenger
cars with the exclusion of several particular types of tires.\15\
Although most UTQGS requirements apply to all passenger car tires,
whether sold as original equipment with a new automobile (OE tires) or
as replacement tires, some apply only to replacement tires. For
example, the requirement for a paper label on the tire tread excludes
tires sold as original equipment on a new vehicle.\16\ Based on the
statutory language and NHTSA's belief that Congress intended that the
agency look to the UTQGS regulation for appropriate definitions of
different types of tires, NHTSA used the language of Section 575.104 as
the basis for the definition of replacement tires for the purposes of
the TFECIP. Accordingly, the final rule defined ``replacement passenger
car tire'' to include passenger car tires other than passenger car
tires sold as original equipment on a new vehicle.
---------------------------------------------------------------------------
\15\ 49 CFR 575.104(c)(1).
\16\ 49 CFR 575.104(d)(1)(i)(B).
---------------------------------------------------------------------------
In its supplemental petition for reconsideration, Bridgestone
requested clarification of the definition of ``replacement passenger
car tire,'' noting that, in some situations, new tires manufactured for
the original equipment market are provided to consumers after the sale
of a new vehicle at no cost to the consumer. According to Bridgestone,
these tires are only available to tire retailers/installers to replace
original equipment tires with the same specifications and are provided
at no cost to the consumer pursuant to the terms of a consumer warranty
contract or contractual agreement between the vehicle manufacturer and
the tire manufacturer, or as an act of goodwill extended by the
manufacturer or retailer. Bridgestone asked whether such tires are
considered replacement tires under the final rule.
Agency Response--On reconsideration, NHTSA believes that tires that
are only available to replace original equipment tires at no cost to
consumers should not be considered replacement tires for the purposes
of the TFECIP. The TFECIP is intended to inform consumers about the
effect of their choices among replacement passenger car tires on fuel
efficiency, safety, and durability. Section 111 of EISA explicitly
states that the purpose of the national TFE rating system is to assist
consumers in making more educated tire purchasing decisions.\17\ The
types of tires described by Bridgestone are not available to consumers
looking to purchase tires. Instead, these types of tires are provided
at no cost to consumers to replace original equipment tires with the
same specifications. Therefore, NHTSA believes that these types of
tires are not within the intended scope of the TFECIP, and,
accordingly, the agency is amending the definition of ``replacement
passenger car tire'' to reflect that only passenger car tires that are
offered for sale to consumers are
[[Page 79120]]
considered replacement tires for the purposes of the program.
---------------------------------------------------------------------------
\17\ 49 U.S.C. 32304A(a)(2)(A).
---------------------------------------------------------------------------
F. Issues Not Decided by the March 2010 Final Rule
The March 2010 final rule stated that the agency was delaying
decision on a number of issues related to the TFECIP and would publish
a supplemental NPRM addressing these issues. Among the issues not
decided in the final rule were the rolling resistance metric to be used
to determine the fuel efficiency rating, the determination of fuel
efficiency, safety, and durability ratings from the performance
information generated by the test methods, the selection of a reference
laboratory and lab alignment tires to implement the rolling resistance
test methods under ISO 28580, and the lead time for compliance with the
final rule.
In its petition, RMA offered comments on these issues and requested
an opportunity to review future rules related to the TFECIP and
potentially petition for reconsideration on areas covered by the March
2010 final rule that are affected by such future rules.
Agency Response--Because the remaining issues commented on by RMA
are outside the scope of the final rule, the agency will consider these
comments in future rulemaking activities.
III. Regulatory Notices and Analyses
This rule makes several changes to the regulatory text of 49 CFR
part 575. The agency has already discussed the relevant requirements of
the National Environmental Policy Act, the Regulatory Flexibility Act,
Executive Order 13132 (Federalism), Executive Order 12988 (Civil
Justice Reform), the Unfunded Mandates Reform Act, Executive Order
13045 (Protection of Children from Environmental Health and Safety
Risks), the National Technology Transfer and Advancement Act, and
Executive Order 13211 (Energy Effects) in the March 2010 final rule.
Those discussions are not affected by these changes.
A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the Department of
Transportation's regulatory policies and procedures. This rulemaking
document was not reviewed by the Office of Management and Budget under
E.O. 12866, ``Regulatory Planning and Review.'' It is not considered to
be significant under E.O. 12866 or the Department's Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979).
This document amends the reporting requirements of the TFECIP. The
agency has already prepared a FRIA for the March 2010 final rule and
placed it in the docket for that rule as well as the agency's Web site.
The agency believes that the estimated reporting costs contained in the
FRIA accurately reflect the expected reporting costs with the
modifications made in today's final rule. These costs include start-up
costs of almost $400,000, and annual reporting costs of approximately
$113,000. For a further explanation of the estimated costs, see the
FRIA provided in the docket for the March 2010 final rule.
B. Paperwork Reduction Act
Under the procedures established by the Paperwork Reduction Act of
1995 (PRA), a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
OMB control number. Today's final rule amends the reporting
requirements for tire manufacturers under the new consumer information
program at 49 CFR Part 575.106, Tire fuel efficiency consumer
information program. Accordingly, NHTSA is submitting a request to OMB
for approval of the following collection of information.
In compliance with the PRA, this notice announces that the
Information Collection Request (ICR) abstracted below has been
forwarded to OMB for review and comment. The ICR describes the nature
of the information collections and their expected burden. This is a
request for new collection.
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: 49 CFR part 575.106, Tire fuel efficiency consumer
information program.
Type of Request: New collection.
OMB Clearance Number: Not assigned.
Form Number: The collection of this information will not use any
standard forms.
Requested Expiration Date of Approval: Three years from the date of
approval.
Summary of the Collection of Information
In the March 30, 2010 final rule, NHTSA established reporting
requirements for the TFECIP. In response to petitions for
reconsideration, NHTSA is amending those requirements. Tire
manufacturers and tire brand name owners would be required to rate all
replacement passenger car tires for fuel efficiency (i.e., rolling
resistance), safety (i.e., wet traction), and durability (i.e.,
treadwear), and to submit identification information and ratings for
each tire to NHTSA. The ratings for safety and durability are based on
test procedures specified under the UTQGS traction and treadwear
ratings requirements. The required identification information for rated
tires includes the manufacturer's name, the brand name owner (if
different than the manufacturer), the tire line, the SKU, and the tire
size. Additionally, manufacturers and tire brand name owners would be
required to submit information on the tire lines, SKUs, and size
designations for certain exempted tires that they produce.
The information would be used by consumers of replacement passenger
car tires to compare tire fuel efficiency across different tires and
examine any tradeoffs between fuel efficiency (i.e., rolling
resistance), safety (i.e., wet traction), and durability (i.e.,
treadwear) in making their purchase decisions. Information on exempted
tires would be used to inform consumers which tires are not rated and
why.
Description of the Need for the Information and Use of the Information
NHTSA needs the information to provide consumers information in
order to allow them to compare tire fuel efficiency across different
tires and examine any tradeoffs between fuel efficiency (i.e., rolling
resistance), safety (i.e., wet traction), and durability (i.e.,
treadwear) in making their purchase decisions. NHTSA needs the
information on certain exempted tires to inform consumers which tires
are not rated and why. Tires within these categories may not display
markings that would allow a consumer to readily determine that they
were exempt from the TFECIP.
Description of the Likely Respondents (Including Estimated Number, and
Proposed Frequency of Response to the Collection of Information)
There are approximately 28 manufacturers of replacement passenger
car tires sold in the United States. Each manufacturer would be
required to submit to NHTSA a one-time list containing identification
and rating information for each covered tire it manufactures as well as
identification information for certain exempted tires it produces.
Additionally, each manufacturer would be required to submit the same
information for each new tire it introduced, as well as any new or
different information for its existing tires.
[[Page 79121]]
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting From the Collection of Information
NHTSA believes that the estimated reporting costs contained in the
final rule accurately reflect the expected reporting costs with the
modifications made in today's final rule. The agency estimates that
there are 28 tire manufacturers that will be required to report
information. Each of these will need to set up the software in a
computer program to combine the testing information, organize it for
NHTSA's use, etc. We estimate this cost to be a one-time charge of
about $10,000 per company. Based on the costs used in the Early Warning
Reporting Regulation analysis,\18\ we estimate the annual cost per
report per tire manufacturer to be $287. There are also computer
maintenance costs of keeping the data up to date, etc., as tests come
in throughout the year. In the EWR analysis, we estimated costs of
$3,755 per year per company. Thus, the total annual cost is estimated
to be $4,042 per company. Accordingly, the total costs would be
$280,000 + $113,176 = $393,176 for the first year and $113,176 as an
annual cost for the 28 tire manufacturers.
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\18\ Preliminary Regulatory Evaluation, Tread Act Amendments to
Early Warning Reporting Regulation Part 579 and Defect and
Noncompliance Part 573, August 2008 (Docket No. NHTSA-2008-0169-
0007.1).
---------------------------------------------------------------------------
The largest portion of the cost burden imposed by the TFECIP arises
from the testing necessary to determine the ratings that should be
assigned to the tires. As detailed in the FRIA, our per-SKU costs to
test for rolling resistance, traction, and treadwear amount to $1,180
(i.e. $180 + $500 + $500). This would result in testing costs of
$22,420,000 in the first year (19,000 SKUs) and $3,801,960 in
subsequent years (3,222 new SKUs annually).
The estimated annual cost to the Federal government is $1.28
million. This cost includes $730,000 for enforcement testing, and about
$550,000 annually to set up and keep up to date a Web site that
includes the information reported to NHTSA. Comments are invited on:
Whether the collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility.
Whether the Department's estimate for the burden of the
information collection is accurate.
Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
A comment to OMB is most effective if OMB receives it within 30
days of publication. Send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, Attn: NHTSA Desk Officer. PRA comments are
due within 30 days following publication of this document in the
Federal Register.
The agency recognizes that the collection of information contained
in today's final rule may be subject to revision in response to public
comments and the OMB review.
C. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
D. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an organization, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.html.
List of Subjects in 49 CFR Part 575
Consumer protection, Incorporation by reference, Motor vehicle
safety, Reporting and recordkeeping requirements, Tires.
In consideration of the foregoing, NHTSA is amending 49 CFR part
575 as follows:
PART 575--CONSUMER INFORMATION
0
1. The authority citation of part 575 continues to read as follows:
Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123,
30166, and 30168, 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 1.50.
0
2. Amend Sec. 575.3 by redesignating paragraphs (c)(1) and (c)(2) as
(c)(2) and (c)(3), respectively, and adding new paragraph (c)(1) to
read as follows:
Sec. 575.3 Matter incorporated by reference.
* * * * *
(c) * * *
(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. 575.104 and Sec. 575.106.
* * * * *
0
3. Amend Sec. 575.106 by adding, in alphabetical order, the following
definition of ``Manufacturer'' in paragraph (d)(2), revising the
definitions of ``Replacement passenger car tire'' and ``Tire line'' in
paragraph (d)(2), and revising paragraphs (e)(1)(i)(C)(1) through (4)
to read as follows:
Sec. 575.106 Tire fuel efficiency consumer information program.
* * * * *
(d) * * *
(2) * * *
Manufacturer means a person manufacturing or assembling motor
vehicles or motor vehicle equipment, or importing motor vehicles or
motor vehicle equipment for resale. This term includes any parent
corporation, any subsidiary or affiliate, and any subsidiary or
affiliate of a parent corporation of such a person.
* * * * *
Replacement passenger car tire means any passenger car tire offered
for sale to consumers, other than a passenger car tire sold as original
equipment on a new vehicle.
* * * * *
Tire line means the entire name used by a tire manufacturer to
designate a tire product including all prefixes and suffixes as they
appear on the sidewall of a tire.
* * * * *
(e) * * *
(1) * * *
(i) * * *
(C) * * *
(1) Subject to paragraph (e)(1)(iii) of this section, manufacturers
of tires or, in the case of tires marketed under a brand name, brand
name owners of tires subject to this section shall submit to NHTSA,
either directly or through an agent, the following data for each rated
replacement passenger car tire:
(i) Manufacturer or Brand name owner.
(ii) Tire line.
(iii) SKU.
(iv) Tire size.
(v) Rolling resistance rating, as determined in paragraph (e)(2)(i)
of this section.
[[Page 79122]]
(vi) Wet traction rating, as determined in paragraph (e)(2)(ii) of
this section.
(vii) Treadwear rating, as determined in paragraph (e)(2)(iii) of
this section.
(2) Format of data submitted. The information required under
paragraph (e)(1)(i)(C)(1) of this section may be submitted to NHTSA by
mail, by facsimile, or by email. Submissions by mail must be addressed
to the Associate Administrator for Rulemaking, National Highway Traffic
Safety Administration, Attention: Consumer Standards Division (NVS-
131), 1200 New Jersey Avenue SE., Washington, DC 20590. Submissions by
facsimile must be addressed to the Associate Administrator for
Rulemaking and transmitted to (202) 366-7002. Submissions by email must
be sent to [email protected].
(3) Exempted tires.
(i) Each manufacturer of tires or, in the case of tires marketed
under a brand name, brand name owner of tires subject to this section
shall submit to NHTSA all tire lines, size designations, and stock
keeping units for deep tread, winter-type snow tires and limited
production tires that it manufactures which are exempt from this
section (Sec. 575.106) under paragraph (c) of this section.
(ii) Where a manufacturer or brand name owner is required to report
ratings under this section, the information required in paragraph
(e)(1)(i)(C)(3)(i) of this section may be submitted with the ratings
information reported in accordance with paragraph (e)(1)(i)(C)(1) of
this section.
(iii) Where a tire manufacturer or, in the case of tires marketed
under a brand name, brand name owner only manufactures tires that are
exempt from this section under paragraph (c) of this section, that
manufacturer or brand name owner shall submit a statement listing the
information specified in paragraph (e)(1)(i)(C)(3)(i) of this section
and certifying that none of the tires it manufactures are required to
be rated under this section.
(4) New ratings information.
(i) Whenever a tire manufacturer or, in the case of tires marketed
under a brand name, a brand name owner introduces a new tire for sale,
the tire manufacturer or brand name owner shall submit either the
information required under paragraph (e)(1)(i)(C)(1) of this section or
the information required under paragraph (e)(1)(i)(C)(3) of this
section for the tire to NHTSA on or before the date 30 calendar days
before the tire is first introduced for sale.
(ii) Whenever a tire manufacturer or, in the case of tires marketed
under a brand name, a brand name owner makes a design change to a tire
that would result in new or different information required under either
paragraph (e)(1)(i)(C)(1) or paragraph (e)(1)(i)(C)(3) of this section
for the tire, the tire manufacturer or brand name owner shall submit
the new or different information to NHTSA on or before the date 30
calendar days before the redesigned tire is first introduced for sale.
(iii) Whenever a tire manufacturer or, in the case of tires
marketed under a brand name, a brand name owner receives information
that would determine new or different information required under either
paragraph (e)(1)(i)(C)(1) or paragraph (e)(1)(i)(C)(3) of this section
for a tire, the tire manufacturer or brand name owner shall submit the
new or different information to NHTSA on or before the date 120
calendar days after the receipt of the new information by the tire
manufacturer or brand name owner.
* * * * *
Issued on: December 14, 2011.
David L. Strickland,
Administrator.
[FR Doc. 2011-32433 Filed 12-20-11; 8:45 am]
BILLING CODE 4910-59-P