[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Notices]
[Pages 28876-28877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13122]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-10856]


Motor Vehicle Safety: Disposition of Recalled Tires

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

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

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SUMMARY: 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 OMB approval, Federal agencies must solicit 
public comment on the proposed collection of information.
    This document describes a proposed collection of information under 
regulations implementing a provision of the Transportation Recall 
Effectiveness, Accountability, and Documentation (TREAD) Act with 
respect to the disposition of recalled tires, for which NHTSA intends 
to seek OMB approval. Pursuant to the TREAD Act, NHTSA is conducting 
rulemaking to amend existing regulations (49 CFR part 573) that require 
manufacturers of motor vehicles, equipment, and tires to notify NHTSA 
whenever they decide that their products contain safety-related defects 
or noncompliances with Federal motor vehicle safety standards and to 
provide quarterly reports of the progress of recalls. The proposed 
amendment provides that a manufacturer's remedy program for the 
replacement of defective or noncompliant tires shall include a plan 
addressing how to prevent, to the extent reasonably within the 
manufacturer's control, the replaced tires from being resold for 
installation on a motor vehicle, and also how to limit, to the extent 
reasonably within the manufacturer's control, the disposal of replaced 
tires in landfills. In addition, this rule would also require the 
manufacturer to include certain information about the implementation of 
these plans in its quarterly report to NHTSA about the progress of the 
recall.

DATES: Comments must be received on or before July 28, 2003.

ADDRESSES: Comments must refer to the docket and notice numbers cited 
at the beginning of this notice and be submitted to Docket Management, 
Room PL-401, 400 Seventh Street SW., Washington, DC 20590. The Docket 
is open on weekdays from 9:30 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. George Person, Office of Defects 
Investigation, NHTSA, 400 Seventh Street, SW., Room 5326, Washington, 
DC 20590. Mr. Person's telephone number is (202) 366-5210.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(PRA), before an agency submits a proposed collection of information to 
OMB for approval, it must 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 regulations (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;
    (iii) How to enhance the quality, utility, and clarity of the 
information to be collected; and
    (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.

Motor Vehicle Safety; Disposition of Recalled Tires

    Type of Request--New Collection.
    OMB Clearance Number--None.
    Requested Expiration Date of Approval--Three years from effective 
date of final rule.
    Summary of Collection of Information--Section 7 of the TREAD Act 
requires a manufacturer's remedy program for tires to include a plan 
for preventing, to the extent reasonably within the manufacturer's 
control, the resale of replaced tires for use on motor vehicles, as 
well as a plan for the disposition of replaced tires other than in 
landfills, particularly through methods such as shredding, crumbling, 
recycling, recovery, or other ``beneficial non-vehicular uses.'' 
Manufacturers that conduct recalls are already required by 49 CFR part 
573 to submit a Defect or Noncompliance Information Report, containing 
certain information, to NHTSA. One item of required information is a 
description of the manufacturer's program for remedying the defect or 
noncompliance.
    NHTSA has issued a Notice of Proposed Rulemaking (66 FR 65165) and 
a Supplemental Notice of Proposed Rulemaking (67 FR 48852) to implement 
section 7. The proposed rule would require manufacturers to address, 
among other things, how they will assure that the entities replacing 
the recalled tires are aware of the legal requirements related to 
recalls of tires, how they will reasonably prevent the resale of 
recalled tires, and how the disposal of recalled tires in landfills 
will be reasonably limited.
    Further, section 7 requires the manufacturer to include information 
about the implementation of its plan in quarterly reports that it is 
required to make to NHTSA about the progress of its notification and 
remedy campaigns involving tires. Manufacturers are already required to 
file quarterly reports containing certain information about the 
progress of recalls. This rule would add a requirement to provide the 
number of recalled tires which have not been rendered unsuitable for 
resale or which might have been disposed of improperly and a 
description and identification of the tire outlet(s) involved in 
failures to act in accordance with the disposal plan. In view of the 
fact that the rule

[[Page 28877]]

provides only for ``exceptions reporting,'' we anticipate that very few 
quarterly reports will include and information under this amendment.
    Description of the Need for the Information and Proposed Use of the 
Information--NHTSA will rely on the information provided by 
manufacturers under this rule in deciding whether or not the 
manufacturer(s) are complying with the requirements of the TREAD Act 
for the proper handling and disposal of recalled tires.
    Description of the Likely Respondents (Including Estimated Number 
and Proposed Frequency of Responses to the Collection of Information)--
All manufacturers that conduct tire recall campaigns would be required 
to comply with reporting requirements. We estimate that there are 10 
manufacturers of tires. In the past 3 years, there has been an average 
of between 9 and 10 tire recalls conducted annually by all 
manufacturers. (Occasionally, but rarely, vehicle manufacturers conduct 
recalls that involve the replacement of tires.) Manufacturers are 
required to provide quarterly reports for 6 quarters for each. If a 
manufacturer does not combine quarterly reporting for all active 
(within 6 quarters) recalls, there could be a total of up to 40 
quarterly reports per year (4 x 10), but most would not contain any 
information under this amendment.
    Estimate of the Total Annual Reporting and Recordkeeping Burden of 
the Collection of Information in the NPRM--Manufacturers conducting 
tire recalls would be required to include additional information in 
their part 573 notices when initiating a recall. This will require 
about one hour of staff work in each notice. Additionally, each 
quarterly report that includes information under this amendment could 
require up to an additional 8 hours to maintain the records and prepare 
the report.
    Estimate of the Total Annual Costs of the Collection of Information 
in the NPRM--Other than the cost of the burden hours, we estimate that 
there would be no additional costs associated with this information 
collection.

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

Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-13122 Filed 5-23-03; 8:45 am]
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