[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Pages 51920-51922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24970]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 575
[Docket No. NHTSA-99-6019]
RIN 2127-AH82
Consumer Information Regulations; Uniform Tire Quality Grading
Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Response to Petitions for Reconsideration, Technical Amendment;
Final Rule.
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SUMMARY: On May 24, 1999, NHTSA published a final rule rescinding the
requirement that passenger car manufacturers provide general Uniform
Tire Quality Grading Standards (UTQGS) information to purchasers and
potential purchasers at the point of sale of new motor vehicles,
requiring instead that such information be included in owner's manuals.
In addition, the rule removed the requirement that motor vehicle
manufacturers supply copies of UTQGS information to the agency. In
response to two petitions for reconsideration of that final rule, NHTSA
is staying the requirement for the inclusion of UTQGS information into
the owner's manual for one year until September 1, 2000. The agency is
also clarifying an intended change in the May 24, 1999 final rule.
DATES: This rule is effective September 27, 1999, except Sections
575.6(a)(3) and 575.104(d)(1)(iv) are effective from September 27,
1999, through August 31, 2000. Sections 575.6(a)(1) and
575.104(d)(1)(iii) published May 24, 1999 (64 FR 27921) are stayed
effective September 27, 1999 until September 1, 2000. Optional early
compliance with those amendments is permitted.
Petitions for Reconsideration: Petitions for reconsideration must
be received not later than 45 calendar days after publication in the
Federal Register.
ADDRESSES: Petitions for Reconsideration should refer to the docket and
notice number of this final rule and be submitted to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh Street, SW,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For technical issues, Mr. P.L. Moore,
Safety Standards Engineer, Office of Planning and Consumer Programs,
Safety Performance Standards, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC 20590; Telephone
(202) 366-5222.
For legal issues: Mr. Stephen Wood, Attorney, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 400 Seventh
Street, SW, Washington, DC 20590; Telephone (202) 366-2992.
SUPPLEMENTARY INFORMATION: On May 24, 1999, NHTSA published a final
rule rescinding the requirement that passenger car manufacturers
provide general Uniform Tire Quality Grading Standards (UTQGS)
information to purchasers and potential purchasers at the point of sale
of new motor vehicles, requiring instead that such information be
included in owner's manuals. In addition, the rule removed the
requirement that motor vehicle manufacturers supply copies of UTQGS
information to the agency, and removed a number of obsolete
definitions. Finally, the rule amended the exclusion of tires with
nominal rim diameters of 10-12 inches from the UTQGS to now exclude
tires with nominal rim diameters of 12 inches or less.
The agency received two petitions for reconsideration: one from the
Alliance of Automobile Manufacturers (the Alliance) and one from
Volkswagen of America, Inc. Both petitions asked for an extension of
the effective date to include UTQGS information into the owner's manual
because a substantial number of owner's manuals have already been
printed for the MY 2000 vehicles and the publication of the final rule
on May 24, 1999 did not provide enough lead time to meet the published
effective date of September 1, 1999.
The petition from the Alliance also asked that the words ``each
manufacturer of motor vehicles'' be deleted from Section 575.6
paragraphs (c) and (d)(2).
The agency agrees that there might not have been sufficient
leadtime to make the changes to the owner's manual for MY 2000 since
some manufacturers have already printed the owners manuals for MY 2000
vehicles. Because manufacturers generally print all the owner's manuals
for each model year at one time, we are staying the requirements for
one year to September 1, 2000. Because this rule is not being published
until after the September 1, 1999 effective date, NHTSA is staying the
amended sections in the May 24, 1999 final rule which deal with the
owner's manual. NHTSA is also republishing (with new section numbers)
the original language of these sections. This will continue the
requirements in effect prior to the May 24, 1999 final rule until the
new effective date. However, optional early compliance with the new
owner's manual requirements is permitted. Should a manufacturer not opt
for early compliance, then existing requirements remain in effect.
With regard to 49 CFR 575.6(c), the agency is not making the
requested change. This paragraph specifies requirements for providing
``information specified in Subpart B of this part that is applicable to
each of the vehicles.'' Since the changes made in the May 24 final rule
to Sec. 575.104(d)(1)(B)(ii) made the requirement that information be
provided to prospective purchasers no longer applicable to vehicle
manufacturers, 49 CFR Sec. 575.6(c) does not impose any requirements
relative to this information on vehicle manufacturers.
With regard to the requested changes to 49 CFR 575.6(d)(2), NHTSA
acknowledges that the May 24 final rule did not change the regulatory
text to reflect the decision that manufacturers need not submit the
UTQGS information to NHTSA. However, this section applies to
requirements in addition to those in 49 CFR 575.104. Therefore, NHTSA
cannot simply delete the phrase ``each manufacturer of motor vehicles''
as the petitioner requested. However, NHTSA is amending that section to
implement the intended change.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This document was not reviewed under Executive Order 12866,
Regulatory Planning and Review. NHTSA has analyzed the impact of this
rulemaking action and has determined that it is not ``significant''
under DOT's regulatory policies and procedures. This final rule delays
the effective date for manufacturers of vehicles equipped with
passenger car tires to include
[[Page 51921]]
UTQGS information in the owner's manual. As noted in the May 24 final
rule, NHTSA believes that the cost of adding UTQGS information to
owner's manuals, which vehicle manufacturers are already required to
provide, will be minimal and in any case, less than the cost of
preparing and providing separate UTQGS information at new vehicle
dealerships. Many vehicle manufacturers already include UTQGS
information in their owner's manuals. Providing greater lead time
should only serve to further minimize any costs. NHTSA believes,
therefore, that implementation of this rulemaking action will result in
an undetermined net overall cost savings to vehicle manufacturers. The
agency believes, however, that any net cost savings will be minimal,
therefore not warranting preparation of a full regulatory evaluation.
B. Regulatory Flexibility Act
NHTSA has considered the impacts of this rule under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.). I hereby certify that this
rule will not have a significant economic impact on a substantial
number of small entities. As explained above, NHTSA believes this rule
will have minimal economic impact.
C. Executive Order 12612 (Federalism)
NHTSA has analyzed this rule in accordance with the principles and
criteria contained in E.O. 12612, and has determined that this rule
will not have significant federalism implications to warrant the
preparation of a Federalism Assessment.
D. National Environmental Policy Act
NHTSA has also analyzed this rule under the National Environmental
Policy Act and determined that implementation of this rulemaking action
will not have any significant impact on the quality of the human
environment.
E. Paperwork Reduction Act
The provisions of this final rule requiring manufacturers to
provide information in owners' manuals explaining the UTQGS tire
quality grades for the benefit of consumers are considered to be third
party information collection requirements as defined by the Office of
Management and Budget (OMB) in 5 CFR part 1320. The information
collection requirement for 49 CFR part 575 have been submitted to and
approved by OMB pursuant to the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq. This collection of information authority
has been assigned control numbers 2127--0049 for part 575, excluding
the UTQGS; and 2127--0519, Uniform Tire Quality Grading Standards, 49
CFR 575.104, and has been approved for use through September 30, 2001.
F. Civil Justice Reform
This rule will not have any retroactive effect. Under 49 U.S.C.
30103, whenever a Federal motor vehicle safety standard is in effect, a
State may not adopt or maintain a safety standard applicable to the
same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
G. Executive Order 13045
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under E.O. 12866, and (2) concerns an environmental, health or
safety risk that NHTSA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by us.
This rule is not subject to the Executive Order because it is not
economically significant as defined in E.O. 12866, and does not have a
disproportionate effect on children.
H. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the cost, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by state, local, or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually. This final rule does not meet the definition of
Federal mandate because this rule involves very little, if any,
additional cost to vehicle or tire manufacturers and in no case will
annual expenditures exceed the $100 million threshold.
List of Subjects in 49 CFR Part 575
Consumer protection, Labeling, Motor vehicle safety, Motor
vehicles, Rubber and rubber products, Tires.
In consideration of the foregoing, 49 CFR part 575 is amended as
follows:
PART 575--CONSUMER INFORMATION REGULATIONS
1. The authority citation for part 575 continues to read:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30116;
delegation of authority at 49 CFR 1.50.
2. Section 575.6 is amended by revising paragraph (d)(2) and by
adding paragraph (a)(3) to read as follows:
Sec. 575.6 Requirements.
(a) * * *
(3) For vehicles manufactured prior to September 1, 2000, at the
time a motor vehicle is delivered to the first purchaser for purposes
other than resale, the manufacturer of that vehicle shall provide the
purchaser, in writing and in the English language, the information
specified in Secs. 575.103 and 575.104 of this part that is applicable
to that vehicle and its tires. The document provided with a vehicle may
contain more than one table, but the document must either clearly and
unconditionally indicate which of the tables apply to the vehicle with
which it is provided, or contain a statement on its cover referring the
reader to the vehicle certification label for specific information
concerning which of the tables apply to that vehicle. If the
manufacturer chooses option (a)(2) of this section, the vehicle
certification label shall include such specific information.
Example 1. Manufacturer X furnishes a document containing
several tables, which apply to various groups of vehicles that it
produces. The document contains the following notation on its front
page: ``The information that applies to this vehicle is contained in
Table 5.'' The notation satisfies the requirement.
Example 2. Manufacturer Y furnishes a document containing
several tables as in Example 1, with the following notation on its
front page: Information applies as follows:
Model P, 6-cylinder engine--Table 1.
Model P, 8-cylinder engine--Table 2.
Model Q--Table 3.
This notation does not satisfy the requirement, since it is
conditioned on the model or the equipment of the vehicle with which
the document is furnished, and therefore additional information is
required to select the proper table.
* * * * *
(d) * * *
(2)(i) In the case of Sec. 575.104, each brand name owner of tires,
and each
[[Page 51922]]
manufacturer of tires for which there is no brand name owner shall
submit to the Administrator 2 copies of the information specified in
Subpart B of this part that is applicable to the tires offered for
sale, at least 30 days before it is first provided for examination by
prospective purchasers pursuant to paragraph (c) of this section.
(ii) In the case of all other sections of Subpart B of this Part as
they apply to post-introduction changes in information submitted for
the current model year, each manufacturer of motor vehicles, each brand
name owner of tires, and each manufacturer of tires for which there is
no brand name owner shall submit to the Administrator 2 copies of the
information specified in Subpart B of this part that is applicable to
the vehicles or tires offered for sale, at least 30 days before it is
first provided for examination by prospective purchasers pursuant to
paragraph (c) of this section.
* * * * *
3. Section 575.104 is amended by adding paragraph (d)(1)(iv) to
read as follows:
Sec. 575.104 Uniform tire quality grading standards.
* * * * *
(d) * * *
(1) * * *
(iv) In the case of information required in accordance with
Sec. 575.6(a) to be furnished to the first purchaser of a new motor
vehicle, each manufacturer of motor vehicles shall, as part of the
required information, list all possible grades for traction and
temperature resistance and restate verbatim the explanation for each
performance area specified in Figure 2 to this section. The information
need not be in the format of Figure 2 to this section, but it must
contain a statement referring the reader to the tire sidewall for the
specific tire grades for the tires with which the vehicle is equipped.
* * * * *
Issued on: September 21, 1999.
Frank Seales, Jr.,
Acting Administrator.
[FR Doc. 99-24970 Filed 9-22-99; 11:51 am]
BILLING CODE 4910-59-P