[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Rules and Regulations]
[Pages 20720-20723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7971]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. 2005-21020]


Consumer Information; Uniform Tire Quality Grading Standards

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

ACTION: Interim final rule; request for comments.

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SUMMARY: The Uniform Tire Quality Grading Standards (UTQGS) contain 
detailed testing procedures for generating consumer information about 
the treadwear, traction, and temperature resistance of passenger car 
tires. To ensure the uniformity of treadwear grades, the grading 
procedures specify a 400-mile test course located near San Angelo, 
Texas. Two or four-vehicle convoys equipped with candidate tires travel 
along this course to evaluate the tire treadwear performance.
    Because of flooding now affecting several water crossings along a 
small portion of the test course, NHTSA is issuing this interim final 
rule to revise the specified treadwear test course route. This change 
will not compromise the reliability of the treadwear grades, and will 
not impose or relax any substantive requirements or burdens on 
manufacturers.

DATES: This interim final rule becomes effective April 21, 2005.
    Comments must be received by NHTSA not later than June 20, 2005, 
and should refer to this docket and the notice number of this document.

ADDRESSES: You may submit comments (identified by the DOT DMS Docket 
Number above) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Request for 
Comments heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to http://dms.dot.gov, including any personal information provided. 
Please see the Privacy Act heading under Regulatory Analyses and 
Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call 
George Gillespie, Office of Vehicle Safety Compliance. Telephone: (202) 
366-5299. Fax: (202) 366-1024.
    For legal issues, you may call George Feygin, Office of the Chief 
Counsel, at (202) 366-2992, facsimile (202) 366-3820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. UTQGS and the Treadwear Test Course
II. Change to the Treadwear Test Course
III. Regulatory Analyses and Notices
IV. Request for Comments

I. UTQGS and the Treadwear Test Course

    UTQGS require 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 information aids consumers in making 
informed choices in the purchase of replacement passenger car tires.
    The treadwear grades inform consumers about the amount of expected 
tread life for passenger car tires. Treadwear grades are expressed, in 
multiples of 20, as a percentage of a nominal treadwear value of 
100.\1\ For example, a treadwear grade of 160 means the candidate tire 
tread life should be 1.6 times longer compared to NHTSA's ``control 
tire.'' \2\ Although treadwear grades do not predict the actual mileage 
that a particular tire will

[[Page 20721]]

achieve, they are sufficiently accurate to help consumers choose among 
tires based on their relative tread life.
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    \1\ See 49 CFR 575.104(e)(2)(ix)(F).
    \2\ See http://www.safercar.gov/Tires/pages/TireRatTreadwear.htm.
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    Appendix A of 49 CFR 575.104 specifies the treadwear test course 
and driving procedures for convoys evaluating candidate tire treadwear 
performance. The test course consists of three loops totaling 400 miles 
in the geographical vicinity of Goodfellow Air Force Base near San 
Angelo, Texas. The first loop (``Southern Loop'') runs south 143 miles 
through the cities of Eldorado, Sonora, and Juno, Tex. to the Camp 
Hudson Historical Marker, and returns by the same route. The second 
loop (``Eastern Loop'') runs east over Farm and Ranch Roads and returns 
to its starting point. The third loop (``Northwestern Loop'') runs 
northwest to Water Valley, northeast toward Robert Lee and returns via 
Texas 208 to the vicinity of Goodfellow AFB.\3\
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    \3\ See Figure 3, Appendix A, 49 CFR 575.104.
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    As a result of recent overflow of the Devils River, the treadwear 
testing convoys cannot cross at least one of the several water 
crossings along Texas 163 and therefore, cannot safely use a small 
portion of the Southern Loop.\4\ Specifically, several low water 
crossings along Texas 163, located between Franks Crossing and Camp 
Hudson Historical Marker, are submerged under several inches of 
water.\5\
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    \4\ Because the Devils River is usually dry more than 90% of the 
time, there are no bridges where Texas 163 crosses the river. 
Instead, the roadway is graded down to the level of the riverbed at 
five ``crossings.'' During the rare rain events, the river is 
supposed to flow over the roadway at the crossings. Recently, 
however, the Devils River became flooded for a continuous period of 
over 3 months.
    \5\ Normally, testing convoys proceed to a paved shoulder 
located at Camp Hudson Historical Marker before reversing course 
back to the starting point of the Southern Loop.
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    Based on agency data, Texas 163 of the Southern Loop represents the 
``fastest'' tire wear area of the entire course. That is, the affected 
portion of the road produces the most adverse affects on the candidate 
tires, compared to other portions of the treadwear test course. Because 
of this characteristic of the affected area, substituting another road 
could substantively affect the treadwear grades of candidate tires.

II. Change to the Treadwear Test Course

    The agency is revising the treadwear test course. Because the 
affected portion of the treadwear test course produces the most adverse 
treadwear conditions (compared to other portions of the road), the 
agency is not substituting a different road for the flooded portion of 
the test course. Instead, we will specify that as an alternative to 
following the current route, the test convoys will have the option of 
driving through the unaffected portions of Texas 163 several times, by 
making a series of U-turns. This maneuver will make up the distance 
that is usually traveled on Texas 163.
    Specifically, instead of traveling south down to Camp Hudson 
Historical Marker, each test convoy will reverse course at Frank's 
Crossing on Texas 163 and proceed north back to Highway 189 junction. 
At the Highway 189 junction, the test convoy will reverse course and 
proceed back to Frank's Crossing; reverse course again and proceed to 
the completion of the loop.
    The distance between the Highway 189 junction and Frank's Crossing 
on Texas 163, is approximately one half of the distance between the 
Highway 189 junction and Cam Hudson Historical Marker. Thus, traveling 
between Highway 189 junction and Frank's Crossing twice, produces the 
approximate distance traveled on Texas 163, if the convoys proceeded 
all the way to Cam Hudson Historical Marker. This change ensures that 
the treadwear test course change will not substantively affect wear 
characteristics of the Southern Loop, and consequently, will not affect 
treadwear grades.
    Because flooding is presently affecting the treadwear test course, 
NHTSA finds good cause to issue this interim final rule to revise the 
treadwear test course route. Because there is an immediate need to 
continue testing, we find good cause that it should take effect 
immediately. The agency has concluded that this course change will not 
compromise the reliability of the treadwear grades, and will not impose 
or relax any substantive requirements or burdens on manufacturers.\6\ 
We are accepting comments on test course route change.
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    \6\ Because the treadwear test course change affects only 
[ap] 10 miles, or 2.5% of the 400-mile test course, the 
agency concludes that this change is so minor that it does not 
warrant establishing a new baseline with NHTSA's ``control tire.''
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III. Regulatory Analyses and Notices

a. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This rulemaking document was not reviewed under Executive Order 
12866. It is not significant within the meaning of the DOT Regulatory 
Policies and Procedures. This interim final rule will not impose or 
relax any substantive requirements or burdens on manufacturers. 
Instead, it revises a small portion of the treadwear test course. The 
agency believes that this impact is so minimal as to not warrant the 
preparation of a full regulatory evaluation.

b. Environmental Impacts

    We have not conducted an evaluation of the impacts of this interim 
final rule under the National Environmental Policy Act. This rulemaking 
does not impose any change that would have any environmental impacts. 
Accordingly, no environmental assessment is required.

c. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, we have considered the 
impacts of this rulemaking action will have on small entities (5 U.S.C. 
601 et seq.). I certify that this rulemaking action will not have a 
significant economic impact upon a substantial number of small entities 
within the context of the Regulatory Flexibility Act.
    The following is our statement providing the factual basis for the 
certification (5 U.S.C. 605(b)). The interim final rule affects 
manufacturers of motor vehicles and tires. Specifically, the agency is 
revising a small portion of the treadwear test course. This change will 
have no economic impact on any entities affected by this rulemaking and 
will not result in any additional financial expenditures. Accordingly, 
we have not prepared a Regulatory Flexibility Analysis.

d. Executive Order 13132, Federalism

    E.O. 13132 requires NHTSA to develop an accountable process to

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ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' E.O. 13132 defines the term ``Policies that have 
federalism implications'' to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' Under 
E.O. 13132, NHTSA may not issue a regulation that has federalism 
implication, that imposes substantial direct compliance costs, and that 
is not required by statute, unless the Federal government provides the 
funds necessary to pay the direct compliance costs incurred by State 
and local governments, or NHTSA consults with State and local officials 
early in the process of developing the proposed regulation.
    This interim final rule will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government as specified in E.O. 13132. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

e. The Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the costs, 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 action will not result in additional 
expenditures of more than $100 million by state, local or tribal 
governments or by any members of the private sector. Therefore, the 
agency has not prepared an economic assessment pursuant to the Unfunded 
Mandates Reform Act.

f. Paperwork Reduction Act

    There are no information collection requirements in this rule.

g. 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 association, 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://dms.dot.gov.

h. Civil Justice Reform

    This final rule does not have any retroactive effect. Under 49 
U.S.C. 30103(b), whenever a Federal motor vehicle safety standard is in 
effect, a state or political subdivision may prescribe or continue in 
effect a standard applicable to the same aspect of performance of a 
Federal motor vehicle safety standard only if the standard is identical 
to the Federal standard. However, the United States Government, a 
state, or political subdivision of a state, may prescribe a standard 
for a motor vehicle or motor vehicle equipment obtained for its own use 
that imposes a higher performance requirement than that required by the 
Federal standard. 49 U.S.C. 30161 sets forth a procedure for judicial 
review of final rules establishing, amending, or revoking Federal motor 
vehicle safety standards. A petition for reconsideration or other 
administrative proceedings are not required before parties file suit in 
court.

i. Executive Order 13045

    This rule is not subject to E.O. 13045 because it is not 
``economically significant'' as defined under E.O. 12866, and does not 
concern an environmental, health or safety risk that NHTSA has reason 
to believe may have a disproportionate effect on children.

IV. Request for Comments

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments. Your comments must not be 
more than 15 pages long. We established this limit to encourage you to 
write your primary comments in a concise fashion. However, you may 
attach necessary additional documents to your comments. There is no 
limit on the length of the attachments. Please submit two copies of 
your comments, including the attachments, to Docket Management at the 
address given above under ADDRESSES. Comments may also be submitted to 
the docket electronically by logging onto the Docket Management System 
website at http://dms.dot.gov. Click on ``Help & Information'' or 
``Help/Info'' to obtain instructions for filing the document 
electronically. If you are submitting comments electronically as a PDF 
(Adobe) file, we ask that the documents submitted be scanned using 
Optical Character Recognition (OCR) process, thus allowing the agency 
to search and copy certain portions of your submissions.\7\ Please note 
that pursuant to the Data Quality Act, in order for substantive data to 
be relied upon and used by the agency, it must meet the information 
quality standards set forth in the OMB and DOT Data Quality Act 
guidelines. Accordingly, we encourage you to consult the guidelines in 
preparing your comments. OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's guidelines may 
be accessed at http://dmses.dot.gov/submit/DataQualityGuidelines.pdf.
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    \7\ Optical character recognition (OCR) is the process of 
converting an image of text, such as a scanned paper document or 
electronic fax file, into computer-editable text.
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How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR part 512.)

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment

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too late for us to consider in developing a final rule (assuming that 
one is issued), we will consider that comment as an informal suggestion 
for future rulemaking action.

How Can I Read the Comments Submitted by Other People?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location. You may also see the comments on 
the Internet. To read the comments on the Internet, take the following 
steps:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).
    (2) On that page, click on ``Simple Search.''
    (3) On the next page (http://dms.dot.gov/search/), type in the 
four-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-1998-1234,'' you would type 
``1234.'' After typing the docket number, click on ``Search.''
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. However, since the comments are imaged 
documents, instead of word processing documents, the downloaded 
comments are not word searchable.

List of Subjects in 49 CFR Part 575

    Consumer protection, Motor vehicle safety, Reporting and 
recordkeeping requirements, Tires.

0
In consideration of the foregoing, NHTSA amends 49 CFR part 575 as 
follows:

PART 575--CONSUMER INFORMATION

0
1. The authority citation for part 575 continues to read as follows:

    Authority: 49 U.S.C. 32302, 30111, 30115, 30117, 30166, and 
30168, and Pub. L. 106-414, 114 Stat. 1800; delegation of authority 
at 49 CFR 1.50.


0
2. Section 575.104 is amended by revising the paragraph entitled 
``Southern Loop'' in Appendix A to read as follows:


Sec.  575.104  Uniform tire quality grading standards.

* * * * *
    Southern Loop. The course begins at the intersection (1) of Ft. 
McKavitt Road and Paint Rock Road (FM388) at the northwest corner of 
Goodfellow AFB. Drive east via FM 388 to junction with Loop Road 306 
(2). Turn right onto Loop Road 306 and proceed south to junction with 
US277 (3). Turn onto US277 and proceed south through Eldorado and 
Sonora (4), continuing on US277 to junction with FM189 (5). Turn right 
onto FM189 and proceed to junction with Texas 163 (6). Turn left onto 
Texas 163, and at the option of the manufacturer:
    (A) Proceed south to Camp Hudson Historical Marker and onto the 
paved shoulder (7). Reverse route to junction of Loop Road 306 and FM 
388 (2); or
    (B) Proceed south to junction with Frank's Crossing. Reverse route 
at Frank's Crossing and proceed north on Texas 163 to junction with 
Highway 189; Reverse route at junction with Highway 189; proceed south 
on Texas 163 to junction with Frank's Crossing; reverse route at 
Frank's Crossing and proceed north to junction of Loop Road 306 and FM 
388 (2).
* * * * *

    Issued on: April 15, 2005.
Jacqueline Glassman,
Chief Counsel.
[FR Doc. 05-7971 Filed 4-20-05; 8:45 am]
BILLING CODE 4910-59-P