
[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Rules and Regulations]
[Pages 79114-79122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32433]


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

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.

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

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.
---------------------------------------------------------------------------

    \1\ Public Law 110-140, 121 Stat. 1492 (Dec. 18, 2007).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ See Notice of Proposed Rulemaking, Tire Fuel Efficiency 
Consumer Information Program, 74 FR 29542 (June 22, 2009); Docket 
No. NHTSA-2008-0121-0014.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \5\ These reporting requirements will be implemented as 
indicated in a forthcoming final rule (49 CFR 575.106(e)(1)(iii)).

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

[[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.
---------------------------------------------------------------------------

    \6\ 49 CFR 579.4.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \9\ 49 CFR 575.6(d)(2)(i).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \10\ 49 U.S.C. 32304A(a)(3).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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 TFE.Reports@dot.gov.
    (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


