[Federal Register Volume 72, Number 54 (Wednesday, March 21, 2007)]
[Notices]
[Pages 13344-13347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1385]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[DOT Docket No. NHTSA-06-26554]


Reports, Forms, and Recordkeeping Requirements

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

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

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

DATES: Comments must be received on or before April 20, 2007.

ADDRESSES: Comments must refer to the docket notice number cited at the 
beginning of this notice and be submitted to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, Att'n: Desk 
Officer for NHTSA, 725 17th Street, NW., Washington, DC 20503. Please 
identify the proposed collection of information for which a comment is 
provided, by referencing its OMB clearance number. It is requested, but 
not required, that 2 copies of the comment be provided.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for 
collection may be obtained from Mr. George Soodoo, NVS-122, National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590. Mr. Soodoo's telephone number is (202) 366-5274.

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

[[Page 13345]]

information technology, e.g., permitting electronic submission of 
responses.
    The agency published the 60-day notice on December 8, 2006 (71 FR 
712380). In addition to asking for comments on the above issues, the 
notice included eight additional questions that were specific to the 
information collection requirements for new tires. The eight questions 
related to quantifying the effectiveness of the current requirements 
and considerations for the use of alternate methods such as electronic 
registration of new tires that might improve the tire registration 
rate. In response to the notice, comments were received from the 
following organizations: National Automobile Dealers Association 
(NADA); Rubber Manufacturers Association (RMA); Computerized 
Information & Management Services, Inc. (CIMS); National Tire Registry 
Recall.Com (NTRR); and Tire Industry Association (TIA). A short summary 
of each respondent's comments is provided below.
    RMA stated that the continued registration of new tire purchasers 
is a critically important safety issue so that consumers can be 
notified in the event of a product recall or other safety problem. 
However, it urges NHTSA to either interpret or revise Part 574 to allow 
an electronic alternative to the current paper card system. RMA has 
data showing that less than 10 percent of tire registration cards are 
currently being returned to the tire manufacturer and many of these 
cards are inaccurate, incomplete, or illegible. RMA requests that NHTSA 
interpret or amend the current regulations in the following areas:
    1. Modify the paper form to include instructions for consumers to 
register the tires at the tire manufacturer's Web site. Also, permit on 
a voluntary basis the electronic registration of tires at the point of 
sale.
    2. The current regulation only requires [independent] distributors 
to provide the form to first purchasers with the tire identification 
number and the dealer's name and address. Any revisions to the 
regulations to permit electronic or point-of-sale registration should 
not create any new or additional obligations for tire dealers or 
distributors by requiring them to register the tires.
    3. The tire manufacturer obligations should remain the same under 
revision of this regulation. They should only be required to continue 
to provide the paper forms to tire dealers and distributors and, upon 
receipt of the forms, retain the consumer information for five years.
    4. Through a NHTSA interpretation letter, a supplemental method of 
tire registration is permitted. However, the agency should amend its 
regulations to provide information for website registration directly on 
the existing paper form.
    RMA requests that the agency make these changes expeditiously, 
either through additional interpretation letters or by opening a new 
rulemaking.
    NADA generally supports the comments filed by RMA with regard to 
revising the regulations to permit website registration of tires, and 
refers to the agency's provisions for electronic registration of child 
safety seats in 49 CFR 571.213 as being instructive in this regard. In 
addition to allowing registration by Web site or fax, NADA stated that 
tire dealers should also be permitted to register the tires for the 
consumer, upon obtaining permission or a release from the consumer to 
do so.
    NADA noted that it has stated in past information collection 
renewals that franchised automobile and truck dealers act as 
independent tire dealers as well. NADA questioned in those prior 
renewals, and also in the current one, why the agency estimtes that 
there are only 12,000 new tire dealers and distributors, when there are 
20,000 franchised automobile and truck dealers.
    CIMS stated that it provides tire registrations services to over 80 
percent of tire manufacturers/brand owners in the replacement tire 
market and to over 12,000 tire dealers and distributors. CIMS is 
opposed to making changes to the existing tire registration 
regulations. CIMS stated that the current tire registration regulations 
are working, and that independent tire dealers using the CIMS All Brand 
Form can comply with the tire registration regulation for one penny or 
less per tire. Allowing electronic registration of tires will only 
cause more confusion, will remove the tire purchasers rights and 
ability to ensure that their tires are registered, and will increase 
the liability of independent tire dealers if the tire registration 
information is not completely transmitted to the tire manufacturer or 
if they jeopardize the privacy of tire purchaser information. CIMS 
indicated that tire registrations by year are as follows:

1997--37,000,000
2000--41,000,000 (Prior to Ford/Firestone recall)
2003--54,000,000 (corresponds with NHTSA estimates, Docket No. 06-
26554)
2006--59,000,000

    CIMS states that there will be added costs associated with 
electronic tire registration including developmental costs, software 
upgrades and employee training.
    NTRR believes that changes are needed and that electronic 
registration over the internet would enhance public safety and would be 
consistent with paperwork reduction act priorities. Allowing electronic 
registration would also improve registration rates over the current 
methods. The July 18, 2003 interpretation letter from NHTSA to RMA 
leaves unanswered the extent to which electronic registration and other 
alternatives to paper forms can be used in compliance with 49 CFR Part 
574. NTRR also noted that the tire registration from specified in 49 
CFR Part 574 does not display the required OMB control number, nor does 
the agency adequately address privacy and confidentiality concerns 
under the PRA. NTRR recommends electronic registration in lieu of the 
paper forms.
    TIA stated that it has worked closely with the RMA in reviewing the 
need to revise the current tire registration regulations in 49 CFR Part 
574, and that it agrees with the four principles identified by RMA for 
revisions to the regulations. TIA states that any revisions to the 
regulations should not create any new or additional obligations for 
tire dealers and thus should not required the tire dealers to register 
the tires. Many TIA member tire dealers endorse electronic registration 
and are already doing so. NHTSA should adopt the changes recommended by 
RMA as quickly as possible.
    Agency Evaluation of Comments: Upon reviewing the comments 
submitted in response to the 60-day notice, the agency is considering 
revisions to update 49 CFR Part 574 to provide, to the extent 
consistent with the agency's authority, allowances for electronic and 
other possible means of registering new tires at the point of sale. 
First, the agency will consider the inclusion of Web site registration 
information to be placed on the tire registration form in 574.7. 
Second, the agency plans to update the registration form to include the 
OMB control number. Third, the agency will fully evaluate what 
appropriate regulations are permissible to allow independent tire 
dealers to electronically register the tires on a voluntary basis for 
the consumer, within the requirements specified in Title 49, USC 
Chapter 301, Section 30117--providing information to, and maintaining 
records on, purchaser. Therefore, the agency will undertake rulemaking 
in 2007 to address these issues and provide the public with the 
opportunity to comment on the proposed changes. Based on the

[[Page 13346]]

information in the public record and the comments received in response 
to the 60-day notice, the agency believes that it will be appropriate 
to issue a proposed rule.
    The agency also reviewed the comments to determine if any 
information was submitted that would allow refinement of the agency's 
estimate for the burden of performing tire registrations. NADA 
commented that its member automobile and truck dealers, numbering 
20,000, also act as independent tire dealers. NADA attached prior 
comments that it had made on the issue of tire registrations, and its 
comments dated September 1, 2000 stated that the total number of 
automobile and truck dealers was 22,500, but NADA did not know how many 
of these dealers were selling aftermarket tires that would qualify them 
as independent tire dealers. NADA stated that these dealers routinely 
provide new vehicle purchaser information to the vehicle manufacturer. 
However, the agency notes that under 574.9(b), these dealers are only 
required to provide tire registration forms to purchasers of new 
vehicles only if the tires were not on the motor vehicle when it was 
shipped b y the vehicle manufacturer. NADA did not provide any data on 
how frequently this occurs.
    NADA also submitted comments stating that its automobile and truck 
dealers act as independent tire dealers when selling new, non-original 
tires on new vehicles, new tires on used vehicles, and/or new tires to 
service customers. Here again, NADA did not state how many of their 
dealers actually sell tires, but the agency assumes that all of them do 
have tire mounting equipment so they are likely to be engaged in such 
practice. This will add 20,000 tire dealers to the agency's estimate.
    The agency searched the Modern Tire Dealers Web site for data and 
found that its statistics indicated that there are approximately 26,000 
independent tire dealers.\1\ Based on previous agency estimates that 
two-thirds of tire dealers are independent and one-third are non-
independent, this would account for an additional 13,000 non-
independent tire dealers.
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    \1\ See http://www.moderntiredealer.com/t_pop_pdf.cfm?link=research/dts_v2.pdf.
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    Thus, the agency's new estimate for the number of affected tire 
dealers is as follows:

Independent Tire Dealers...................................       26,000
Non-Independent Tire Dealers...............................       13,000
Automobile and Truck Dealers...............................       20,000
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  Total Number of Tire Dealers.............................       59,000
 

    In the 60-day notice, the estimated number of affected tire 
manufacturers was eight. We have done additional market research and 
now believe that number is low and the total number of tire 
manufacturers selling tires in the United States is closer to 20. 
Although the agency's Web site includes listings of 152 tire brands, 
most of these are private label brands whose tires are manufactured by 
the 20 tire manufacturers. The agency welcomes comments on this revised 
estimate.
    No other comments were received on the accuracy of the agency's 
burden estimates, so the agency is not revising the remaining figures 
that were published in the 60-day notice.
    The agency notes that incorrect information was provided in the 60-
day notice regarding the length of time that tire manufacturers are 
required to retain the information provided by tire purchasers on the 
tire registration forms. The agency stated that this information is to 
be retained for three years, but as required in 49 CFR 574.7(d), the 
information must be retained for not less than five years. In addition, 
vehicle manufacturers are required to maintain records of the new tires 
on motor vehicles shipped by that manufacturer for not less than five 
years as required in 49 CFR 574.10(d).
    In compliance with the requirements in 5 CFR part 1320, the agency 
requests comments on the following proposed collection of information:
    Title: 49 CFR Part 574, Tire Identification and Recordkeeping.
    OMB Control Number: 2127-0050.
    Form Number: None.
    Requested Expiration Date of Approval: Three years from approval 
date.
    Type of Request: Extension of a currently approved collection.
    Summary of the Collection of Information: 49 U.S.C. 30117(b) 
requires each tire manufacturer to collect and maintain records of the 
first purchasers of new tires. To carry out this mandate, 49 CFR part 
574 requires tire dealers and distributors to record the names and 
addresses of retail purchasers of new tires and the identification 
number(s) of the tires sold. A specific form is provided to tire 
dealers and distributors by tire manufacturers for recording this 
information. The completed forms are returned to the tire manufacturers 
where they are retained for not less than five years. Additionally, 
motor vehicle manufacturers are required to record the names and 
addresses of the first purchasers (for purposes other than resale), 
together with the identification numbers of the tires on the new 
vehicles, and retain this information for not less than five years.
    The Motor Vehicle Safety and Cost Savings Authorization Act of 1982 
(Pub. L. 97-311) prohibited NHTSA from enforcing the mandatory tire 
registration provisions in 49 CFR part 574 against dealers and 
distributors whose business is not owned or controlled by a tire 
manufacturer (hereinafter referred to as ``independent dealers''). For 
independent dealers, Congress specified that a voluntary registration 
system would take effect as soon as this agency specified the format 
and content of the voluntary tire registration forms and standardized 
the information for all independent dealers. Rulemaking was completed 
in 1984 to standardize the forms.
    The previously specified mandatory tire registration requirements 
remain applicable to all dealers and distributors other than 
independent dealers and the requirements for tire and vehicle 
manufacturers are unchanged.
    Description of the Need for the Information and the Proposed Use of 
the Information: The information is used by a tire manufacturer, when 
it determines that some of its tires either fail to comply with an 
applicable safety standard or contain a safety related defect. With the 
information, the tire manufacturer can notify the first purchaser of 
the tire and provide the purchaser with any necessary information or 
instructions.
    Description of the Likely Respondents (Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information): 
It is estimated that this collection of information affects 10 million 
respondents annually. This group consists of approximately 20 tire 
manufacturers, 59,000 new tire dealers and distributors, and 10 million 
consumers who choose to register their tire purchases with the tire 
manufacturers. A response is required by motor vehicle manufacturers 
upon each sale of a new vehicle and by non-independent tire dealers 
with each sale of a new tire. A consumer may elect to respond when 
purchasing a new tire from an independent dealer.
    Estimate of the Total Annual Reporting and Recordkeeping Burden 
Resulting from the Collection of Information: The estimated burden is 
as follows:

New tire dealers and distributors.......................          59,000
Consumers...............................................      10,000,000
Total tire registrations (manually).....................      54,000,000

[[Page 13347]]

 
Total tire registration hours (manual)..................     \1\ 225,000
Recordkeeping hours (manual)............................      \1\ 25,000
Total annual tire registration and recordkeeping hours..     \1\ 250,000
 
\1\ Hours.


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

    Issued on: March 16, 2007.
Roger A. Saul,
Director, Office of Crashworthiness Standards.
[FR Doc. 07-1385 Filed 3-20-07; 8:45 am]
BILLING CODE 4910-59-M