[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Proposed Rules]
[Pages 3726-3728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1525]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. NHTSA-2011-0099]
RIN 2127-AK76


Tire Fuel Efficiency Consumer Information Program

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

ACTION: Notice of public workshop and agenda.

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SUMMARY: On March 30, 2010, NHTSA published a final rule specifying the 
test methods to be used for a new tire fuel efficiency consumer 
information program (TFECIP) to measure three aspects of tire 
performance: Rolling resistance, wet traction, and treadwear. The final 
rule did not include any of the requirements for the consumer 
information and education portions of the TFECIP. Instead, NHTSA 
announced that, based on the comments the agency had received on the 
proposal that preceded its final rule, it had decided to conduct 
additional research before issuing a new proposal for these 
requirements. NHTSA hopes to issue this new proposal in 2012; however, 
it has decided that it would be helpful to have a public workshop to 
obtain feedback on some issues that either have proved difficult to 
explore effectively in the research NHTSA has conducted or have arisen 
since the publication of the March 2010 final rule.
    NHTSA invites interested parties to submit written comments and to 
participate in a public workshop using the instructions set forth in 
this notice. As described in the Procedural Matters section of this 
notice, each speaker should anticipate speaking for approximately ten 
minutes, although we may need to adjust the time for each speaker if 
there is a large turnout. To facilitate discussion, NHTSA has placed 
documents concerning research NHTSA has finalized since the March 2010 
final rule in the docket. NHTSA will consider the public comments 
received in developing the new proposal regarding the remaining aspects 
of the TFECIP.

DATES: Public Workshop: The public workshop will be held on Friday, 
February 3, 2012 from 10 a.m. to 5 p.m. at the San Francisco Federal 
Building, 90 7th Street, San Francisco, CA 94013. NHTSA notes that all 
persons attending the workshop will need to clear security before 
entering the meeting room and should plan their arrival time 
accordingly. If you wish to attend or speak at the workshop, you must 
register in advance no later than Friday, January 27, 2012, by 
following the instructions in the Procedural Matters section of this 
notice. NHTSA will consider late registrants to the extent time and 
space allows, but NHTSA cannot ensure that late registrants will be 
able to speak at the workshop.
    Comments: NHTSA must receive written comments by Friday, February 
17, 2012.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. Eastern 
time, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, you should mention the 
docket number of this document. You may call the Docket at 1-(800) 647-
5527.
    Note that all comments received, including any personal 
information,

[[Page 3727]]

will be posted without change to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Versailles, Telephone: 1-
(202) 366-2057, Office of International Vehicle, Fuel Economy and 
Consumer Standards, National Highway Traffic Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On June 22, 2009, NHTSA published a notice 
of proposed rulemaking (NPRM) proposing a new consumer information 
program for replacement tires (74 FR 29542; Docket No. NHTSA-2008-
0121). The new consumer information program responded to a requirement 
in the Energy Independence and Security Act of 2007 (EISA; Pub. L. 110-
140, 121 Stat. 1492 (Dec. 18, 2007)), that directed NHTSA to develop a 
national tire fuel efficiency rating system and consumer education 
program for replacement tires. The program would inform consumers about 
the effect of tires on fuel efficiency, safety and durability.
    On March 30, 2010, NHTSA published a final rule specifying the test 
methods to be used for a new tire fuel efficiency consumer information 
program (TFECIP) to measure three aspects of tire performance: rolling 
resistance, wet traction, and treadwear (75 FR 15894; Docket No. NHTSA-
2010-0036). The final rule did not include any of the requirements for 
the consumer information and education portions of the TFECIP. Instead, 
NHTSA announced that, based on the public comments the agency had 
received on its NPRM, it had decided to conduct additional research 
before issuing a new proposal for these requirements. NHTSA hopes to 
issue this new proposal in 2012; however, it has decided that it would 
be helpful to have a public workshop to obtain feedback on some issues 
that either have proved difficult to effectively explore in the 
research NHTSA has conducted or have arisen since the publication of 
the March 2010 final rule.
    While NHTSA welcomes the presentation of any information that 
interested parties believe will assist NHTSA in issuing the 
supplemental notice of proposed rulemaking (SNPRM), NHTSA is 
particularly interested in presentations that address the following 
topics:
    1. Rolling Resistance Coefficient (RRC) versus Rolling Resistance 
Force (RRF). NHTSA's original proposal based the fuel efficiency rating 
on RRF. NHTSA received numerous comments expressing the belief that the 
rating should be based on RRC. NHTSA would welcome any new or 
additional information on this issue.
    2. Experience in Other Countries. At the time of the previous 
rulemaking, NHTSA was aware of work by Europe and Japan to implement 
similar rating systems. NHTSA is aware that the Republic of Korea has 
adopted a rating system since then. NHTSA would welcome a discussion of 
any experience that interested parties have had with the implementation 
of these other systems.
    3. Laboratory Alignment. In the March 2010 final rule, NHTSA 
indicated that, because the ISO had not yet specified a reference lab 
for the ISO 28580 test procedure, NHTSA would specify one or more 
laboratories to operate the reference test machine(s) for the TFECIP. 
This would allow tire manufacturers to know the identity of the machine 
against which they would correlate their test results. While this is 
still NHTSA's plan, it is aware that questions exist concerning whether 
or not it is possible to meet the sigma requirements specified in the 
ISO regulation. NHTSA is also aware that other countries have adopted 
or are exploring other options. NHTSA has begun discussing other 
options and is interested in any recommendations interested parties may 
have. In particular, NHTSA would be interested in any experience with 
efforts to address lab-to-lab variability under the ISO 28580 
procedure.
    4. Future Production. To assist with estimating the potential 
benefits of the rule and with defining the rating ranges, NHTSA would 
be interested in any information manufacturers would be willing to 
share about how tires are likely to change in the future because of 
this pending regulation and any other new regulations. See the 
Procedural Matters section on how this information could be submitted 
confidentially.
    Procedural Matters: The workshop will be open to the public with 
advanced registration for seating on a space-available basis. 
Individuals wishing to register to assure a seat in the public seating 
area should provide their name, affiliation, phone number, and email 
address to Ms. Mary Versailles using the contact information in the FOR 
FURTHER INFORMATION CONTACT section at the beginning of this notice no 
later than Friday, January 27, 2012. Should it be necessary to cancel 
the workshop due to an emergency or some other reason, NHTSA will take 
all available means to notify registered participants by email or 
telephone.
    The workshop will be held at a site accessible to individuals with 
disabilities. Individuals who require accommodations such as sign 
language interpreters should contact Ms. Mary Versailles using the 
contact information in the FOR FURTHER INFORMATION CONTACT section 
above no later than Friday, January 27, 2012. Any written materials 
NHTSA presents at the workshop will be available electronically on the 
day of the workshop to accommodate the needs of the visually impaired. 
A transcript of the workshop will be created, however speakers may also 
submit materials to the docket for the record.

How long will I have to speak at the public workshop?

    Once NHTSA learns how many people have registered to speak at the 
public workshop, NHTSA will allocate an appropriate amount of time to 
each participant, allowing time for lunch and necessary breaks 
throughout the day. For planning purposes, each speaker should 
anticipate speaking for approximately ten minutes, although we may need 
to adjust the time for each speaker if there is a large turnout. To 
accommodate as many speakers as possible, NHTSA prefers that speakers 
not use technological aids (e.g., audio-visuals, computer slideshows). 
However, if you plan to do so, you must let Ms. Mary Versailles know by 
Friday, January 27, 2012, using the contact information in the FOR 
FURTHER INFORMATION CONTACT section above. You also must make 
arrangements to provide your presentation or any other aids to NHTSA in 
advance of the workshop in order to facilitate set-up.

How do I prepare and submit written comments?

    It is not necessary to attend or to speak at the public workshop to 
be able to comment on the issues. NHTSA invites the submission of 
written comments, which the agency will consider in preparing its 
SNPRM. Your comments must be written and in English. To ensure that 
your comments are correctly filed in the Docket, please include the 
docket number at the beginning of this notice in your comments.
    Your primary comments may not exceed 15 pages. However, you may 
attach supporting documents to your primary comments. There is no limit 
to the length of the attachments.
    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 at 65

[[Page 3728]]

FR 19477, April 11, 2000, or you may visit http://www.regulations.gov.
    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, send three copies of your complete submission, 
including the information you claim to be confidential business 
information, to the Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Include a cover letter supplying the information specified in our 
confidential business information regulation (49 CFR part 512).
    In addition, send two copies from which you have deleted the 
claimed confidential business information to Docket Management, 1200 
New Jersey Avenue SE., West Building, Room W12-140, Washington, DC 
20590, or submit them electronically, in the manner described at the 
beginning of this notice.

Will the agency consider late comments?

    NHTSA 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 the rulemaking schedule allows, NHTSA 
will try to consider comments that Docket Management receives after 
that date, but we cannot ensure that we will be able to do so.
    Please note that even after the comment closing date we will 
continue to file relevant information in the docket as it becomes 
available. Further, some commenters may submit late comments. 
Accordingly, we recommend that you periodically check the docket for 
new material.

Rulemaking Analyses and Notices

Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
and the Department of Transportation's regulatory policies require this 
agency to make determinations as to whether a regulatory action is 
``significant'' and therefore subject to OMB review and the 
requirements of the aforementioned Executive Orders. Executive Order 
12866 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.
    We have considered the potential impact of this rulemaking under 
Executive Order 12866, Executive Order 13563, and the Department of 
Transportation's regulatory policies and procedures. This document 
invites interested parties to submit written comments and participate 
in a public meeting on topics related to the development of a SNPRM 
that will propose requirements for the consumer information and 
education portions of the Tire Fuel Efficiency Consumer Information 
Program. We cannot now determine how the costs and benefits of the yet-
to-be-developed supplemental proposal might differ from those described 
in the Preliminary Regulatory Impact Analysis that accompanied the June 
22, 2009, NPRM. (Docket No. NHTSA-2008-0121-0015.) A full analysis of 
the costs and benefits will be released with the SNPRM.

Other Analyses

    Because we have not yet determined the requirements that will be 
proposed in the SNPRM, it would be premature to conduct any analyses 
pursuant to the applicable 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, the Paperwork Reduction 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). We will provide all 
necessary analyses pursuant to these regulatory requirements in the 
SNPRM.

    Issued: January 19, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-1525 Filed 1-20-12; 4:15 pm]
BILLING CODE 4910-59-P