
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74799-74801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-102]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0014]

 
Reports, Forms, and Recordkeeping Requirements

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

ACTION: Request for public comment on proposed collection of 
information.

-----------------------------------------------------------------------

SUMMARY: This notice solicits public comment on continuation of the 
requirements for the collection of information on safety standards. 
Before a Federal agency can collect certain information from the 
public, it must receive approval from the Office of Management and 
Budget (OMB). Under procedures established by the Paperwork Reduction 
Act of 1995, before seeking approval, Federal agencies must solicit 
public comment on proposed collections of information, including 
extensions and reinstatement of previously approved collections.
    This document describes a collection of information associated with 
49 CFR Part 574, Tire Identification and Recordkeeping.

DATES: Comments must be received on or before January 8, 2009.

ADDRESSES: Comments must refer to the docket notice number cited at the 
beginning of this notice, and the OMB control number, 2127-0050, and be 
submitted to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Attn: Desk Officer for NHTSA, 725 17th 
Street, NW., Washington, DC 20503. It is requested, but not required, 
that 2 copies of the comment be provided.
    Commenters may also, but are not required to, submit their comments 
to the docket number identified in the heading of this document by any 
of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal 
holidays.
     Fax: (202) 493-2251.
    You may call the Docket Management Facility at 202-366-9826.
    Regardless of how you submit your comments, you should mention the 
docket number of this document.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for 
collection may be obtained from Mr. Jeff Woods, NVS-122, National 
Highway Traffic Safety Administration, 1200 New Jersey Ave., SE., 
Washington, DC 20590. Mr. Woods' telephone number is (202) 366-6206.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, 
before a proposed collection of information is submitted to OMB for 
approval, Federal agencies must first publish a document in the Federal 
Register providing a 60-day comment period and otherwise consult with 
members of the public and affected agencies concerning each proposed 
collection of information. The OMB has promulgated regulations 
describing what must be included in such a document. Under OMB's 
regulation (at 5 CFR 1320.8(d)), an agency must ask for public comment 
on the following:
    (i) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the 
information to be collected; and

[[Page 74800]]

    (iv) How to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g. , permitting electronic 
submission of responses.
    The agency published a Notice of Proposed Rulemaking (NPRM) on 
January 24, 2008 (73 FR 4157), in which we proposed revisions to the 
tire registration requirements in 49 CFR Part 574, Tire Identification 
and Recordkeeping, to allow electronic means for consumers, tire 
dealers, and tire manufacturers to register the first purchaser 
information of new tires. The notice also included the agency's 
announcement (at 4167) that it was preparing to submit a renewal 
request to OMB for a three-year extension of this previously-approved 
collection of information, and the agency provided a 60-day comment 
period for the public to submit comments on the renewal request and the 
agency's estimates of the burden associated with this collection of 
information.
    The NPRM included the following proposed revisions to the Part 574 
requirements to facilitate increased use of electronic means to collect 
tire registration information and to otherwise improve the rate of tire 
registration. Independent tire dealers could, in lieu of providing a 
paper registration form to consumers, voluntarily register the tires on 
behalf of the purchaser with the tire manufacturer using the internet 
or other electronic means as authorized by the tire manufacturer. 
Independent tire dealers could continue to provide paper registration 
forms to purchasers for them to mail to the tire manufacturer, or 
independent dealers would have the option of sending completed tire 
registration forms to the tire manufacturer on behalf of the purchaser. 
Figures 3a and 3b depicting the paper registration form for use by 
independent tire dealers were proposed to be deleted from Part 574, 
while the regulatory text would be amended to include all of the 
minimum requirements for the form in descriptive terms. The paper 
registration forms could also include tire registration Web site 
information, as authorized by the tire manufacturer, to enable 
purchasers to register their tires using the internet.
    The NPRM also proposed amendments to Part 574 requirements for tire 
dealers that are owned or controlled by tire manufacturers by 
specifying that in addition to using to paper tire registration forms, 
these dealers may also use electronic means to transmit tire 
registration information to the tire manufacturer. Figure 4 depicting 
the paper registration form for use by company-controlled tire dealers 
was proposed to be deleted from Part 574, while the regulatory text 
would be amended to include all of the minimum requirements for the 
form in descriptive terms.
    As described in the NPRM, prior interpretations of the Part 574 
requirements issued by the agency had already provided allowances and 
guidance for tire dealers to use electronic means to register tires on 
behalf of consumers (for independent tire dealers) or as required by 
tire dealers under Part 574 (for company-controlled tire dealers). The 
revisions proposed in the NPRM would serve to codify in Part 574 the 
provisions for electronic means of tire registration by independent and 
company-controlled tire dealers. In addition, the proposed revisions to 
Part 574 would provide additional opportunities for tire purchasers 
(consumers) to register their tires using the internet, telephones, or 
other electronic means, as provided by tire manufacturers or their 
designees. Finally, the tire manufacturers would have additional 
flexibility in designing and printing the tire registration forms, as 
would tire dealers in providing their identifying information on the 
forms.
    The proposed provisions in the NPRM for the electronic means of 
registering tires, including tire manufacturers providing tire 
registration Web sites, would be implemented on a voluntary basis by 
the tire manufacturers and tire dealers. There would be no obligation 
for independent tire dealers to register the tires on behalf of the 
purchaser and these dealers could still continue to provide the 
purchaser with a paper tire registration form. In addition, if the 
independent tire dealer were to register the tires on behalf of the 
purchaser by either returning the paper tire registration form to the 
tire manufacturer or by using electronic means to register the 
information, the agency proposed that this voluntary service would be 
provided at no cost to the purchaser.
    The Paperwork Reduction Act analysis in the NPRM included burden 
estimates for the tire registration and recordkeeping collection of 
information requirements in Part 574. These were the same burden 
estimates that were included in the agency's March 21, 2007 30-day 
notice (72 FR 13344) during the previous renewal of this information 
collection with OMB. The analysis in the NPRM indicated that the tire 
registration rate may increase in the future because of increased 
availability of electronic means for purchasers to register their 
tires, or because independent tire dealers may elect to voluntarily 
register tires on behalf of the purchaser. However, for the purposes of 
estimating the current burden associated with this information 
collection, the agency believed that whether a purchaser registered 
their tires by filling out the paper tire registration form, or typed 
this information in on a tire registration Web site, the amount of time 
required to provide the purchaser's name and address would be very 
roughly the same. Therefore, the agency did not revise (increase or 
decrease) the burden estimate associated with this collection of 
information.
    After considering the comments to the NPRM, the agency published a 
final rule on November 28, 2008. The rule substantially adopts the 
proposal.
    The agency did not receive any comments regarding the agency's 
burden estimates for this collection of information, and therefore, 
these same estimates are included in this notice. The purpose of this 
notice is to provide notice of the agency's intent to request a renewal 
of this collection of information with OMB and to seek public comments 
on this request in accordance with requirements in 5 CFR Part 1320. As 
noted above, commenters responding to this notice shall provide their 
comments directly to OMB, although they may also submit a copy of their 
comments to the docket where they will be available for public viewing.
    Title: 49 CFR Part 574, Tire Identification and Recordkeeping.
    OMB Control Number: 2127-0050.
    Form Number: None.
    Requested Expiration Date of Approval: Three years from approval 
date.
    Type of Request: Extension of a currently approved collection.
    Summary of the Collection of Information: 49 U.S.C. 30117(b) 
requires each tire manufacturer to collect and maintain records of the 
first purchasers of new tires. To carry out this mandate, 49 CFR Part 
574 requires tire dealers and distributors to record the names and 
addresses of retail purchasers of new tires and the identification 
number(s) of the tires sold. A specific form is provided to tire 
dealers and distributors by tire manufacturers for recording this 
information. The completed forms are returned to the tire manufacturers 
where they are retained for not less than five years. Part 574 requires 
independent tire dealers and distributors to provide a registration 
form to consumers with the tire identification number already recorded 
and information identifying

[[Page 74801]]

the dealer/distributor. The consumer can then record his/her name and 
address and return the form to the tire manufacturer. Additionally, 
motor vehicle manufacturers are required to record the names and 
addresses of the first purchasers (for purposes other than resale), 
together with the identification numbers of the tires on the new 
vehicles, and retain this information for not less than five years.
    Description of the Need for the Information and the Proposed Use of 
the Information: The information is used by a tire manufacturer after 
it or the agency determines that some of its tires either fail to 
comply with an applicable safety standard or contain a safety related 
defect. With the information, the tire manufacturer can notify the 
first purchaser of the tire and provide them with any necessary 
information or instructions or remedy.
    Without this information, efforts to identify the first purchaser 
of tires that have been determined to be defective or nonconforming 
pursuant to Sections 30118 and 30119 of Title 49 U.S.C. would be 
impeded. Further, the ability of the purchasers to take appropriate 
action in the interest of motor vehicle safety may be compromised.
    Description of the Likely Respondents (Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information): 
January 24, 2008 Federal Register Notice--In the 60-day notice 
announcing NHTSA's request for an extension to collect the tire 
registration and recordkeeping information, we estimated that the 
collection of information affects 10 million respondents annually. This 
group consists of approximately 20 tire manufacturers, 59,000 new tire 
dealers and distributors, and 10 million consumers who choose to 
register their tire purchases with tire manufacturers. A response is 
required by motor vehicle manufacturers upon each sale of a new vehicle 
and by non-independent tire dealers with each sale of a new tire. A 
consumer may elect to respond when purchasing a new tire from an 
independent dealer.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting from the Collection of Information: The estimated burden is 
as follows:
    New tire dealers and distributors: 59,000.
    Consumers: 10,000,000.
    Total tire registrations (manually): 54,000,000.
    Total tire registration hours (manual): 225,000 hours.
    Recordkeeping hours (manual): 25,000 hours.
    Total annual tire registration and recordkeeping hours: 250,000 
hours.

    Authority: 44 U.S.C. 3506(c); delegation of authority at 49 CFR 
1.50

    Issued on: December 3, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E8-29052 Filed 12-8-08; 8:45 am]

BILLING CODE 4910-59-P
