Insurance Cost Information Regulation, 11191-11192 [2012-4374]
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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
on or after September 1, 2009 for motor
vehicles having a gross vehicle weight
rating (GVWR) of 10,000 pounds or less
be permanently labeled with: (1) A full
TIN required by 49 CFR part 574 on the
intended outboard sidewall of the tire;
(2) except for retreaded tires, either the
full or a partial TIN containing all
characters in the TIN, except for the
date code, and at the discretion of the
manufacturer, any optional code, must
be labeled on the other sidewall of the
tire.3
Tire recalls in the year 2000
highlighted the difficulty that
consumers experienced when
attempting to determine whether a tire
is subject to a recall when a tire is
mounted so that the sidewall bearing
the TIN faces inward i.e., underneath
the vehicle. After a series of
Congressional hearings about the safety
of and experiences regarding the tires
involved in those recalls, Congress
passed and the President signed into
law the Transportation Recall
Enhancement, Accountability, and
Documentation (TREAD) Act on
November 1, 2000. Public Law 106–414.
114 Stat. 1800.
One matter addressed by the TREAD
Act was tire labeling. Section 11 of the
TREAD Act required a rulemaking to
improve the labeling of tires to assist
consumers in identifying tires that may
be the subject of a recall.
In response to the TREAD Act’s
mandate, NHTSA published a final rule
that, among other things, required that
the TIN be placed on a sidewall of the
tire and a full or partial TIN be placed
on the other sidewall. See 67 FR 69600,
69628 (November 18, 2002), as amended
69 FR 31306 (June 3, 2004). In the
preamble to the 2002 final rule, the
agency identified the safety problem
which prompted the issuance of the
rule. 67 FR at 69602, 69606, and 69610.
The agency explained that when tires
are mounted so that the TIN appears on
the inward facing sidewalls, motorists
have three difficult and inconvenient
options for locating and recording the
TINs. Consumers must either: (1) Slide
under the vehicle with a flashlight,
pencil and paper and search the inside
sidewalls for the TINs; (2) remove each
tire, find and record the TIN, and then
replace the tire; or (3) enlist the aid of
a garage or service station that can
3 Tires manufactured after September 1, 2009
must be labeled with the TIN on the intended
outboard sidewall of a tire and either the TIN or
partial TIN on the other sidewall. 49 CFR 571.139
S5.5.1(b). If a tire manufactured after September 1,
2009 does not have an intended outboard sidewall,
one sidewall must be labeled with the TIN and the
other sidewall must have either a TIN or partial
TIN. Id.
VerDate Mar<15>2010
18:34 Feb 23, 2012
Jkt 226001
perform option 1 or place the vehicle on
a vehicle lift so that the TINs can be
found and recorded. If the tires were
mounted with the intended outward
sidewall facing inboard, the intended
inboard sidewall would be facing
outboard and the TIN would not be
visible. Without any TIN information on
the outside sidewalls of tires, the
difficulty and inconvenience of
obtaining the TIN by consumers reduces
the number of people who respond to a
tire recall campaign and increases the
number of motorists who unknowingly
continue to drive vehicles with
potentially unsafe tires.
YTC suggests that this noncompliance
does not preclude motorists from
checking the inboard sidewall if the TIN
is not found on the outboard sidewall.
This approach is inadequate. The
noncompliance here is the exact
problem that plagued millions of tire
owners in 2000 and one that Congress
mandated that NHTSA address. When
the TIN is placed on one sidewall of a
tire and that sidewall is mounted on the
inboard side of a wheel, it is very
difficult and inconvenient for the
consumer to locate and record the TIN.
In such situations, consumers who
attempt to determine if a tire is within
the scope of a recall may not be able to
read the inboard sidewall without
taking one of the three inconvenient
steps discussed above. The difficulty
and inconvenience of locating a TIN
under these circumstances poses serious
impediments to the successful recall of
the noncompliant tires, which may
result in motorists continuing to drive
their vehicles with potentially unsafe
tires.
While NHTSA has determined in the
past that in some instances TIN marking
omissions were inconsequential to
motor vehicle safety, those
determinations occurred prior to the
adoption of FMVSS No. 139 pursuant to
the TREAD Act. Following the
enactment of the TREAD Act, NHTSA
found that there is a safety need for a
full TIN on one sidewall and a full or
partial TIN on the other sidewall. For
these reasons, FMVSS No. 139 now
requires TIN markings on both sidewalls
of a tire so that consumers can readily
determine if a tire is subject to a safety
recall.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has not met its burden of persuasion
that the noncompliance described is
inconsequential to motor vehicle safety.
Accordingly, YTC’s petition is hereby
denied, and the petitioner must notify
owners, purchasers and dealers
pursuant to 49 U.S.C. 30118 and
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
11191
provide a remedy in accordance with 49
U.S.C. 30120.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
Issued on: February 16, 2012.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2012–4296 Filed 2–23–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2012–0015]
Insurance Cost Information Regulation
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of Availability.
AGENCY:
This notice announces
NHTSA’s publication of the 2012 text
and data for the annual insurance cost
information booklet that all car dealers
must make available to prospective
purchasers, pursuant to 49 CFR 582.4.
This information is intended to assist
prospective purchasers in comparing
differences in passenger vehicle
collision loss experience that could
affect auto insurance costs.
ADDRESSES: Interested persons may
obtain a copy of this booklet or read
background documents by visiting
https://regulations.dot.gov at any time, or
visiting Room W12–140 on the ground
level of the West Building, 1200 New
Jersey Avenue SE. Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
SUMMARY:
Ms.
Carlita Ballard, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, 1200 New Jersey
Avenue SE. Washington, DC 20590. Ms.
Ballard’s telephone number is (202)
366–5222. Her fax number is (202) 493–
2990.
SUPPLEMENTARY INFORMATION:
Pursuant to section 201(e) of the
Motor Vehicle Information and Cost
Savings Act, 15 U.S.C. 1941(e), on
March 5, 1993, 58 FR 12545, NHTSA
amended 49 CFR part 582, Insurance
Cost Information Regulation, to require
all dealers of automobiles to distribute
to prospective customers information
that compares differences in insurance
costs of different makes and models of
passenger cars based on differences in
damage susceptibility.
FOR FURTHER INFORMATION CONTACT:
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11192
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices
Pursuant to 49 CFR 582.4, all
automobile dealers are required to make
booklets that include this comparative
information, as well as certain
mandatory explanatory text that is set
out in section 582.5, available to
prospective purchasers. Early each year,
NHTSA produces a new version of this
booklet to update the Highway Loss
Data Institute’s (HLDI) December
Insurance Collision Report.
NHTSA is mailing a copy of the 2012
booklet to each dealer that the
Department of Energy uses to distribute
the ‘‘Gas Mileage Guide.’’ Dealers will
have the responsibility of reproducing a
sufficient number of copies of the
booklet to assure that they are available
for retention by prospective purchasers
by March 26, 2012. Dealers who do not
receive a copy of the booklet within 15
days of the date of this notice should
contact Ms. Ballard of NHTSA’s Office
of International Policy, Fuel Economy,
and Consumer Programs (202) 366–5222
to receive a copy of the booklet and to
be added to the mailing list. Dealers
may also obtain a copy of the booklet
through the NHTSA Web page at:
https://www.nhtsa.dot.gov/. From there,
click on the Vehicle Safety tab, then
choose the Vehicle-Related Theft
category, on that page, under the
Additional Resources Panel, click on
2012 Comparison of Insurance Costs.
(49 U.S.C. 32302; delegation of authority at
49 CFR 1.50(f).)
Issued on: February 17, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012–4374 Filed 2–23–12; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35587]
1 See
srobinson on DSK4SPTVN1PROD with NOTICES
Fannin Rural Rail Transportation
District—Lease and Operation
Exemption—Line of Texas Department
of Transportation
Fannin Rural Rail Transportation
District (FRRTD), a noncarrier, has filed
a verified notice of exemption under 49
CFR 1150.31 to lease from the Texas
Department of Transportation (TxDOT),
and to operate, a 34.78-mile rail line
extending from milepost 94.0 in Paris to
milepost 128.78 in Bonham, Tex. The
line has been a part of Union Pacific
Railroad Company’s (UP) Bonham
Subdivision.
Through the Board’s offer of financial
assistance process, FRRTD previously
was authorized to acquire from UP, and
VerDate Mar<15>2010
18:34 Feb 23, 2012
to operate, a 33.5-mile portion of UP’s
Bonham Subdivision extending between
milepost 94.0, near Paris, and milepost
127.5, east of Bonham, in Lamar and
Fannin Counties, Tex.1 After an
agreement had been reached with UP for
sale of the line but before consummating
the transaction, FRRTD sold its interest
in the rail line to TxDOT.2
FRRTD states that it leased the 33.5mile portion of the line from TxDOT in
2006, apparently believing at the time
that further Board authority was
unnecessary. FRRTD has filed this
notice to lease and operate the 1.28-mile
portion of the line extending between
milepost 127.5 and milepost 128.78 to
be acquired from UP by TxDOT and to
lease and operate the 33.5-mile portion
extending between milepost 94.0 and
milepost 127.5 that it already has leased
from TxDOT. FRRTD has structured the
filing to ensure that it possesses
appropriate regulatory authority for the
entire 34.78 miles of rail line.
Applicant states that Mid-Michigan
Railroad, Inc., d/b/a Texas Northeastern
Railroad (TNER), will provide freight
service over the 1.28-mile portion of the
line pursuant to its previously
authorized trackage rights 3 and that any
future freight service on the currently
dormant 33.5-mile portion will be
provided by a third-party operator,
subject to proper Board authorization.
Applicant notes that FRRTD and TxDOT
will possess a residual common carrier
obligation on the 34.78-mile line and
that FRRTD will provide tourist train
operations on the line as well.
Applicant states that the proposed lease
does not involve any provision or
agreement that would limit future
interchange with a third-party
connecting carrier.
The transaction is expected to be
consummated on or after March 9, 2012.
Jkt 226001
Union Pac. R.R.—Aban. Exemption—in
Lamar and Fannin Cntys., Tex., AB 33 (Sub-No.
163X) (STB served Aug. 19, 2003).
2 See State of Tex., acting by and through the Tex.
Dept. of Transp.—Acquisition Exemption—Union
Pac. R.R., FD 34834 (STB served Feb. 24, 2006),
where TxDOT obtained Board authority for the
acquisition of the 33.5-mile line from UP. In Texas
Department of Transportation—Acquisition
Exemption—Line of Union Pacific Railroad
Company, FD 35493 (STB served June 24, 2011),
TxDOT recently obtained Board authority to acquire
from UP 1.28 miles of rail line on UP’s Bonham
Subdivision extending between milepost 127.5 and
milepost 128.78, in Fannin County Tex,, which is
the remaining portion of the rail line FRRTD is now
seeking Board authority to lease and operate.
3 In Mid-Michigan Railroad, Inc., d/b/a Texas
Northeastern Railroad—Trackage Rights
Exemption—Line of Texas Department of
Transportation, FD 35494 (STB served June 24,
2011), TNER obtained Board authority for a grant
of local trackage rights by TxDOT over the 1.28-mile
line of railroad.
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Frm 00130
Fmt 4703
Sfmt 4703
FRRTD certifies that its projected
annual revenues as a result of this
transaction will not exceed $5 million
annually and will not result in it
becoming a Class I or Class II rail
carrier.
If the notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Stay petitions must be
filed no later than March 2, 2012 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35587, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, one copy of each pleading
must be served on Glenn M. Taylor,
President, Fannin Rural Rail
Transportation District, 514 Chestnut
Street, Bonham, TX 75418.
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
Decided: February 21, 2012.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012–4335 Filed 2–23–12; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35593]
Cedar River Railroad Company—
Trackage Rights Exemption—Chicago,
Central & Pacific Railroad Company
Pursuant to a written trackage rights
agreement,1 Chicago, Central & Pacific
Railroad Company (CCP) has agreed to
grant nonexclusive overhead trackage
rights to Cedar River Railroad Company
(CEDR) over approximately 5.2 miles of
rail line between the connection with
CEDR at approximately milepost 281.0
at Mona Junction in Cedar Falls, Iowa,
and CCP’s Waterloo Yard at
approximately milepost 275.8 in
Waterloo, Iowa.
The earliest this transaction may be
consummated is March 9, 2012, the
1 A redacted version of the trackage rights
agreement between CCP and CEDR was filed with
the notice of exemption. The unredacted version, as
required by 49 CFR 1180.6(a)(7)(ii) and
1180.4(g)(1)(i), was concurrently filed under seal
along with a motion for protective order. The
motion is being addressed in a separate decision.
E:\FR\FM\24FEN1.SGM
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Agencies
[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11191-11192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4374]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2012-0015]
Insurance Cost Information Regulation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of Availability.
-----------------------------------------------------------------------
SUMMARY: This notice announces NHTSA's publication of the 2012 text and
data for the annual insurance cost information booklet that all car
dealers must make available to prospective purchasers, pursuant to 49
CFR 582.4. This information is intended to assist prospective
purchasers in comparing differences in passenger vehicle collision loss
experience that could affect auto insurance costs.
ADDRESSES: Interested persons may obtain a copy of this booklet or read
background documents by visiting https://regulations.dot.gov at any
time, or visiting Room W12-140 on the ground level of the West
Building, 1200 New Jersey Avenue SE. Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Avenue SE. Washington, DC 20590. Ms. Ballard's telephone
number is (202) 366-5222. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION:
Pursuant to section 201(e) of the Motor Vehicle Information and
Cost Savings Act, 15 U.S.C. 1941(e), on March 5, 1993, 58 FR 12545,
NHTSA amended 49 CFR part 582, Insurance Cost Information Regulation,
to require all dealers of automobiles to distribute to prospective
customers information that compares differences in insurance costs of
different makes and models of passenger cars based on differences in
damage susceptibility.
[[Page 11192]]
Pursuant to 49 CFR 582.4, all automobile dealers are required to
make booklets that include this comparative information, as well as
certain mandatory explanatory text that is set out in section 582.5,
available to prospective purchasers. Early each year, NHTSA produces a
new version of this booklet to update the Highway Loss Data Institute's
(HLDI) December Insurance Collision Report.
NHTSA is mailing a copy of the 2012 booklet to each dealer that the
Department of Energy uses to distribute the ``Gas Mileage Guide.''
Dealers will have the responsibility of reproducing a sufficient number
of copies of the booklet to assure that they are available for
retention by prospective purchasers by March 26, 2012. Dealers who do
not receive a copy of the booklet within 15 days of the date of this
notice should contact Ms. Ballard of NHTSA's Office of International
Policy, Fuel Economy, and Consumer Programs (202) 366-5222 to receive a
copy of the booklet and to be added to the mailing list. Dealers may
also obtain a copy of the booklet through the NHTSA Web page at: https://www.nhtsa.dot.gov/. From there, click on the Vehicle Safety tab, then
choose the Vehicle-Related Theft category, on that page, under the
Additional Resources Panel, click on 2012 Comparison of Insurance
Costs.
(49 U.S.C. 32302; delegation of authority at 49 CFR 1.50(f).)
Issued on: February 17, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-4374 Filed 2-23-12; 8:45 am]
BILLING CODE 4910-59-P