Reports, Forms, and Recordkeeping Requirements, 13344-13347 [07-1385]
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Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices
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which will include, but not be limited
to, current practices concerning
responsibility for safety at private grade
crossings, the adequacy of warning
devices at private crossings, and the
relative merits of a more uniform
approach to improving safety at private
crossings. FRA has also opened a public
docket on these issues so that interested
parties may submit written comments
for public review and consideration.
DATES: The fifth public meeting will be
held in Syracuse, New York on April 26,
2007, at the Renaissance Syracuse Hotel,
701 East Genesee Street, Syracuse, New
York 13210, beginning at 9:30 a.m.
Persons wishing to participate are
requested to provide their names,
organizational affiliation and contact
information to Michelle Silva, FRA
Docket Clerk, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone:
202–493–6030). Persons needing sign
language interpretation or other
reasonable accommodation for disability
are also encouraged to contact Ms. Silva
at the above-referenced telephone
number.
FOR FURTHER INFORMATION CONTACT: Ron
Ries, FRA Office of Safety, 1120
Vermont Avenue, NW., Washington, DC
20590 (telephone: 202–493–6299);
Miriam Kloeppel, FRA Office of Safety,
1120 Vermont Avenue, NW.,
Washington, DC 20590 (telephone: 202–
493–6299); or Kathryn Shelton, FRA
Office of Chief Counsel, 1120 Vermont
Avenue, NW., Washington, DC 20590
(telephone: 202–493–6038).
SUPPLEMENTARY INFORMATION: For
additional information, please see the
initial notice published July 27, 2006 in
the Federal Register (71 FR 42713) and
available at https://
a257.g.akamaitech.net/7/257/2422/
01jan20061800/edocket.access.gpo.gov/
2006/pdf/06–6501.pdf.
crossings effective? To what extent do
risk management practices associated
with insurance arrangements result in
‘‘regulation’’ of safety at private
crossings?
• How should improvement and/or
maintenance costs associated with
private crossings be allocated?
• Is there a need for alternative
dispute resolution mechanisms to
handle disputes that may arise between
private crossing owners and the
railroads?
• Should the State or Federal
government assume greater
responsibility for safety at private
crossings?
• Should there be nationwide
standards for warning devices at private
crossings or for intersection designs of
new private grade crossings?
• How do we determine when a
private crossing has a ‘‘public purpose’’
and is subject to public use?
• Should some crossings be
categorized as ‘‘commercial crossings’’
rather than as ‘‘private crossings?’’
• Are there innovative traffic control
treatments that could improve safety at
private crossings on major rail corridors,
including those on which passenger
service is provided?
• Should the Department of
Transportation request the enactment of
legislation to address private crossings?
If so, what should it include?
Request for Comments
While FRA solicits discussion and
comments on all areas of safety at
private highway-rail grade crossings, we
particularly encourage comments on the
following topics:
• At-grade highway-rail crossings
present inherent risks to users,
including the railroad and its employees
and other persons in the vicinity,
should a train derail into an occupied
area or release hazardous materials.
When passenger trains are involved, the
risks are heightened. From the
standpoint of public policy, how do we
determine whether the creation or
continuation of a private crossing is
justified?
• Is the current assignment of
responsibility for safety at private
[DOT Docket No. NHTSA–06–26554]
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Issued in Washington, DC, on March 15,
2007.
Jo Strang,
Associate Administrator for Safety.
[FR Doc. E7–5143 Filed 3–20–07; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Reports, Forms, and Recordkeeping
Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
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,
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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
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Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices
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.
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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
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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
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Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices
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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 nonindependent, this would account for an
additional 13,000 non-independent tire
dealers.
Thus, the agency’s new estimate for
the number of affected tire dealers is as
follows:
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
Independent Tire Dealers ........
26,000 information. The completed forms are
Non-Independent Tire Dealers
13,000 returned to the tire manufacturers where
Automobile and Truck Dealers
20,000 they are retained for not less than five
years. Additionally, motor vehicle
manufacturers are required to record the
1 See https://www.moderntiredealer.com/
names and addresses of the first
tlpoplpdf.cfm?link=research/dtslv2.pdf.
purchasers (for purposes other than
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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 nonindependent 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 ............................
Consumers ...........................
Total tire registrations
(manually) ........................
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59,000
10,000,000
54,000,000
Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices
Total tire registration hours
(manual) ...........................
Recordkeeping hours (manual) ....................................
Total annual tire registration and recordkeeping
hours .................................
1 Hours.
1 225,000
1 25,000
1 250,000
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
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
March 15, 2007.
The Department of Treasury has
submitted the following public
information collection requirement(s) to
OMB for review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Copies of the
submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
Dates: Written comments should be
received on or before April 20, 2007 to
be assured of consideration.
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Alcohol and Tobacco Tax and Trade
Bureau (TTB)
OMB Number: 1513–0091.
Type of Review: Extension.
Title: Tobacco Products
Manufacturers—Notice for Tobacco
Products, TTB REC 5210/12 and
Records of Operations, TTB REC 5210/
1.
Form: TTB 5210/1, 5210/12.
Description: Tobacco products
manufacturers maintain a record system
showing tobacco and tobacco product
receipts, production, and dispositions
which support removals subject to tax,
transfers in bond, and inventory
records. These records are vital to tax
enforcement.
Respondents: Business and other for
profits.
Estimated Total Burden Hours: 1
hours.
OMB Number: 1513–0108.
Type of Review: Extension.
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Title: Recordkeeping for Tobacco
Products and Cigarette Papers and
Tubes Brought from Puerto Rico to the
U.S. 27 CFR 41.105, 41.106, 41.109,
41.110, 41.121.
Description: The prescribed records
apply to persons who ship tobacco
products or cigarette papers or tubes
from Puerto Rico to the United States.
The records verify that the amount of
taxes to be paid and if required, that the
bond is sufficient to cover unpaid
liabilities.
Respondents: Business and other forprofit.
Estimated Total Burden Hours: 1
hours.
OMB Number: 1513–XXXX.
Type of Review: Regular.
Title: Permit Application Questions,
Amended Permit Application
Questions, Claims Questions.
Description: Alcohol and Tobacco Tax
and Trade Bureau (TTB), in an ongoing
effort to improve its Customer Service,
intends to survey its customers and
keep track of its progress, as well as
identify potential needs, problems, and
opportunities for improvement. The
respondents will be businesses that hold
permits with TTB and permit holders
that file claims with TTB. There is no
cost to respondents other than their
time.
Respondents: Business and other forprofits.
Estimated Total Burden Hours: 625
hours.
Clearance Officer: Frank Foote (202)
927–9347, Alcohol and Tobacco Tax
and Trade Bureau, Room 200 East, 1310
G. Street, NW., Washington, DC 20005.
OMB Reviewer: Alexander T. Hunt
(202) 395–7316, Office of Management
and Budget, Room 10235, New
Executive Office Building, Washington,
DC 20503.
Michael A. Robinson,
Treasury PRA Clearance Officer.
[FR Doc. E7–5172 Filed 3–20–07; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
Notice of amendment to system
of records.
ACTION:
SUMMARY: As required by the Privacy
Act of 1974 (5 U.S.C. 552a(e), notice is
hereby given that the Department of
Veterans Affairs is amending the system
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of records currently entitled ‘‘Program
Evaluation Research Data Management
Records—VA’’ (107VA008B) as set forth
in the Federal Register 66 FR 29633–35.
VA is amending the system by revising
the System Name; System Location;
Categories of Individuals Covered by the
System; Categories of Records in the
System; Purpose(s); Routine Uses of
Records Maintained in the System,
Including Categories of Users and the
Purposes of Such Uses; Policies and
Practices for Storing, Retrieving,
Accessing, Retaining, and Disposing of
Records in the System; System Manager
and Address(es): Notification
Procedures; Record Access Procedure(s);
Contesting Records Procedures; and
Record Source Categories. VA will be
publishing a new system of records
notice to cover evaluation of non-health
information. VA is republishing the
system notice in its entirety.
DATES: Comments on the amendment of
this system of records must be received
no later than April 20, 2007. If no public
comment is received, the new system
will become effective April 20, 2007.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (00REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m. Monday
through Friday (except holidays). Please
call (202) 273–9515 for an appointment.
In addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System.
FOR FURTHER INFORMATION CONTACT: Dat
Tran, Director, Office of Data
Development and Analysis, (008A3),
U.S. Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 273–6482.
SUPPLEMENTARY INFORMATION:
I. Description of Proposed Systems of
Records
While this System of Records has
been amended to reflect the current
organizational alignment, its number
remains 107VA008B. The System Name
is changed from ‘‘Program Evaluation
Research Data Management Records—
VA’’ to ‘‘Health Program Evaluation—
VA’’ to more accurately reflect the scope
of activity conducted with data from
this system of records.
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]]>Agencies
[Federal Register Volume 72, Number 54 (Wednesday, March 21, 2007)]
[Notices]
[Pages 13344-13347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1385]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ See https://www.moderntiredealer.com/t_pop_
pdf.cfm?link=research/dts--v2.pdf.
---------------------------------------------------------------------------
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
------------
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
