Consumer Information; Uniform Tire Quality Grading Standards, 66655-66659 [2013-26581]

Download as PDF Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations published on March 11, 2013 and became effective on April 30, 2013. The changes are not substantive changes to the standards set forth in the final rule. Therefore, we believe that undertaking further notice and comment procedures to incorporate these corrections and delay the effective date for these changes is unnecessary. In addition, we believe it is important for the public to have the correct information as soon as possible, and believe it is contrary to the public interest to delay when they become effective. For the reasons stated previously, we find there is good cause to waive notice and comment procedures and the 30-day delay in the effective date for this correction notice. List of Subjects 45 CFR Part 153 Administrative practice and procedure, Adverse selection, Health care, Health insurance, Health records, Organization and functions (Government agencies), Premium stabilization, Reporting and recordkeeping requirements, Reinsurance, Risk adjustment, Risk corridors, Risk mitigation, State and local governments. 45 CFR Part 158 Administrative practice and procedure, Claims, Health care, Health insurance, Health plans, penalties, Reporting and recordkeeping requirements, Premium revenues, Medical loss ratio, Rebating. As noted in section I of this correcting amendment, the Department of Health and Human Services is making the following correcting amendments to 45 CFR parts 153 and 158. PART 153—STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS, AND RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT 1. The authority citation continues to read as follows: ■ Authority: Secs. 1311, 1321, 1341–1343, Pub. L. 111–148, 24 Stat. 119. § 153.220 [Amended] 2. In § 153.220(c)(2), the phrase ‘‘if this section’’ is removed and the phrase ‘‘of this section’’ is added in its place. pmangrum on DSK3VPTVN1PROD with RULES ■ § 153.230 [Amended] 3. In § 153.230(a), the phrase ‘‘for reinsurance payments from contributions’’ is removed and the phrase ‘‘for reinsurance payments from contributions collected’’ is added in its place. ■ VerDate Mar<15>2010 15:05 Nov 05, 2013 Jkt 232001 § 153.405 [Amended] 4. In § 153.405(b), the phrase ‘‘(d) or (e) of this section’’ is removed and the phrase ‘‘(d) through (g) of this section’’ is added in its place. ■ PART 158—ISSUER USE OF PREMIUM REVENUE: REPORTING AND REBATE REQUIREMENTS 5. The authority citation for part 158 continues to read as follows: ■ Authority: Section 2718 of the Public Health Service Act (42 U.S.C. 300gg–18, as amended). § 158.232 [Amended] 6. In § 158.232(d) introductory text, the phrase ‘‘adjustment for and’’ is removed and the phrase ‘‘adjustment for an’’ is added in its place. ■ Dated: October 30, 2013. Jennifer M. Cannistra, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2013–26579 Filed 11–5–13; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 575 [Docket No. NHTSA–2013–0120] RIN 2127–AL49 Consumer Information; Uniform Tire Quality Grading Standards National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Interim final rule; request for comments. AGENCY: The Uniform Tire Quality Grading Standards (UTQGS) contain detailed testing procedures for generating consumer information about the treadwear, traction, and temperature resistance of passenger car tires. To ensure the uniformity of treadwear grades, the grading procedures specify a 400-mile test course located near San Angelo, Texas. Two or four-vehicle convoys equipped with candidate tires travel along this course to evaluate the tire treadwear performance. Because flooding is currently affecting several water crossings along a portion of the test course, NHTSA is issuing this interim final rule to add an alternate treadwear test course route to avoid the inaccessible portions of the course. This change will not compromise the reliability of the treadwear grades, and SUMMARY: PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 66655 will not impose or relax any substantive requirements or burdens on manufacturers. Although the addition of the alternative course route is effective immediately, in order to benefit from comments which interested parties and the public may have, the agency is requesting that comments be submitted to the docket for this rule. Following the close of the comment period, the agency will publish a document responding to the comments and, if appropriate, the agency will amend the provisions of this rule. DATES: Effective date: This interim final rule is effective November 6, 2013. Comments: You should submit your comments early enough to be received not later than January 6, 2014. ADDRESSES: You may submit comments, identified by the docket number at the heading of this notice, by any of the following methods: Online: Go to https:// www.regulations.gov. Follow the instructions for submitting comments on the electronic docket site by clicking on ‘‘Help’’ or ‘‘FAQs.’’ Fax: 1–202–493–2251. Mail: U.S. Department of Transportation, Docket Operations, M– 30, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and docket number. Note that all comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act discussion below. We will consider all comments received before the close of business on the comment closing date indicated above. To the extent possible, we will also consider comments filed after the closing date. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov at any time or to 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: (202) 366–9826. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may E:\FR\FM\06NOR1.SGM 06NOR1 66656 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or you may visit https:// www.dot.gov/privacy.html. Confidential Business Information: If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, at the address given under FOR FURTHER INFORMATION CONTACT. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Operations at the address given above. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation (49 CFR part 512). FOR FURTHER INFORMATION CONTACT: For technical and policy issues: Hisham Mohamed, Office of International Policy, Fuel Economy, and Consumer Standards, NHTSA, 1200 New Jersey Ave. SE., West Building, W43–437, Washington, DC 20590. Telephone: (202) 366–0307. For legal issues: William H. Shakely, Office of the Chief Counsel, NHTSA, 1200 New Jersey Ave. SE., West Building, W41–227, Washington, DC 20590. Telephone: (202) 366–2992. Fax: (202) 366–3820. SUPPLEMENTARY INFORMATION: Table of Contents pmangrum on DSK3VPTVN1PROD with RULES I. UTQGS and the Treadwear Test Course II. Change to the Treadwear Test Course III. Request for Comment IV. Public Participation V. Regulatory Analyses and Notices I. UTQGS and the Treadwear Test Course The Uniform Tire Quality Grading Standards (UTQGS) require motor vehicle and tire manufacturers and tire brand name owners to provide information indicating the relative performance of passenger car tires in the areas of treadwear, traction, and temperature resistance. This information aids consumers in making informed choices in the purchase of passenger car tires. Treadwear grades are expressed, in multiples of 20, as a percentage of a nominal treadwear value of 100.1 For example, a treadwear grade of 160 means the candidate tire tread life 1 See 49 CFR 575.104(e)(2)(ix)(F). VerDate Mar<15>2010 15:05 Nov 05, 2013 Jkt 232001 should be 1.6 times longer compared to NHTSA’s ‘‘control tire.’’ 2 Although treadwear grades do not predict the actual mileage that a particular tire will achieve, they are sufficiently accurate to help consumers choose among tires based on their relative tread life. To ensure the uniformity of treadwear grades, Appendix A of 49 CFR 575.104 specifies a 400-mile treadwear test course. Two or four-vehicle convoys equipped with candidate tires travel along this course to evaluate the tire treadwear performance. The test course consists of three loops in the geographical vicinity of Goodfellow Air Force Base near San Angelo, Texas. The first loop (‘‘Southern Loop’’) runs south 143 miles through the cities of Eldorado, Sonora, and Juno, Texas to the Camp Hudson Historical Marker, and returns by the same route. The second loop (‘‘Eastern Loop’’) runs east over Farm and Ranch Roads and returns to its starting point. The third loop (‘‘Northwestern Loop’’) runs northwest to Water Valley, northeast toward Robert Lee and returns via Texas 208 to the vicinity of Goodfellow AFB.3 As a result of recent overflow of the Devils River, the treadwear testing convoys cannot access Texas 189 due to road washout and cannot cross at least one of the several water crossings along Texas 163 and, therefore, cannot safely use a portion of the Southern Loop. Specifically, FM 189 and several low water crossings along Texas 163, located between US 277 and the Camp Hudson Historical Marker, are impassable or submerged under several inches of water. II. Change to the Treadwear Test Course Because the affected portion of the Southern Loop will be inaccessible for an indeterminate time and there is an immediate need for testing, the agency is adding an alternate test course route that substitutes different sections of the course for the flooded portion of the Southern Loop. Test convoys will have the option of using this alternate route to conduct treadwear testing. As explained above, the regular course route consists of the Southern Loop, the Eastern Loop, and the Northwestern Loop, in that order. Test convoys using the alternate route will travel on portions of the Southern Loop and then continue on the Eastern Loop and the Northwestern Loop. After completing the Northwestern Loop, the convoys will repeat the Eastern Loop, travel on 2 See https://www.safercar.gov/Vehicle+Shoppers/ Tires/Tires+Rating/Treadwear. 3 See Figure 3, Appendix A, 49 CFR 575.104. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 the Northwestern Loop (including travel on portions of the Northwestern Loop in the reverse direction), and then complete the Eastern Loop a third time. Making the additional trips on the Eastern Loop and the Northwestern Loop will make up the distance that is usually traveled on Texas 163 and FM 189. Specifically, instead of traveling south on FM 189 and Texas 163, each test convoy will travel south from Sonora on US 277 as normal for approximately 5.5 miles to a picnic area on right. At this location the test convoy will reverse course and proceed to the completion of the Southern Loop. After completing this modified Southern Loop, the Eastern Loop and Northwestern Loop to the intersection of Loop 306 and FM 388, the test convoy will turn left on FM 388 and run the Eastern Loop a second time. On completion of the second Eastern Loop at FM 388 and Loop 306, the convoys will turn right to travel on the Northwestern Loop a second time with the following modification: The convoys will follow the normal Northwestern Loop until they reach the intersection of FM 2105 and Texas 208, where the convoys will turn right onto Texas 208. The convoys will travel on Texas 208 until the intersection with FM 2034. The convoys will turn left onto FM 2034 and travel on FM 2034 to the intersection with US 87, where they will turn left onto US 87. At the intersection of US 87 and FM 2105, the convoys will turn left onto FM 2105 and continue to the intersection with US 277. The convoys will then turn right onto US 277 and continue to the intersection of Loop 306 and FM 388. At this point the convoy will turn left and run the Eastern Loop a third and final time, returning to the intersection of Loop 306 and FM 388. This will be the completion of the full route. The distance between the picnic area on US 277 and the Camp Hudson Historical Marker is approximately equivalent to the combined distance of the modified Northwestern Loop and two trips on the Eastern Loop. Accordingly, the agency has concluded that using the alternative treadwear course route will not compromise the reliability of the treadwear grades and will not impose or relax any substantive requirements or burdens on manufacturers. The agency has further determined that the impact of this interim final rule is so minimal as to not warrant the preparation of a full regulatory evaluation. III Request for Comment Although this interim final rule is effective immediately, in order to E:\FR\FM\06NOR1.SGM 06NOR1 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations benefit from comments which interested parties and the public may have, the agency is requesting that comments be submitted to the docket for this notice. Following the close of the comment period, the agency will publish a notice responding to the comments and, if appropriate, the agency will amend the provisions of this rule. IV. Public Participation How do I prepare and submit comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the Docket, please include the docket number of this document in your comments. Your comments must not be more than 15 pages long. (49 CFR 553.21). We established this limit to encourage you to write your primary comments in a concise fashion. However, you may attach necessary additional documents to your comments. There is no limit on the length of the attachments. Comments may be submitted to the docket electronically by logging onto the Docket Management System Web site at https://www.regulations.gov. Follow the online instructions for submitting comments. You may also submit two copies of your comments, including the attachments, to Docket Management at the address given above under ADDRESSES. Please note that pursuant to the Data Quality Act, in order for substantive data to be relied upon and used by the agency, it must meet the information quality standards set forth in the OMB and DOT Data Quality Act guidelines. Accordingly, we encourage you to consult the guidelines in preparing your comments. OMB’s guidelines may be accessed at https://www.whitehouse.gov/ omb/fedreg/reproducible.html. DOT’s guidelines may be accessed at https:// www.rita.dot.gov/bts/sites/ rita.dot.gov.bts/files/subject_areas/ statistical_policy_and_research/data_ quality_guidelines/. pmangrum on DSK3VPTVN1PROD with RULES How can I be sure that my comments were received? 15:05 Nov 05, 2013 Jkt 232001 Will the agency consider late comments? We will consider all comments that Docket Management receives before the close of business on the comment closing date indicated above under DATES. To the extent possible, we will also consider comments that Docket Management receives after that date. If Docket Management receives a comment too late for us to consider, we will consider that comment as an informal suggestion for future rulemaking action. How can I read the comments submitted by other people? You may read the comments received by Docket Management at the address given above under ADDRESSES. The hours of the Docket are indicated above in the same location. You may also see the comments on the Internet. To read the comments on the Internet, go to https://www.regulations.gov. Follow the online instructions for accessing the dockets. 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 people may submit late comments. Accordingly, we recommend that you periodically check the Docket for new material. IV. Regulatory Analyses and Notices 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. VerDate Mar<15>2010 How do I submit confidential business information? If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, at the address given above under FOR FURTHER INFORMATION CONTACT. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above under ADDRESSES. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation. (49 CFR part 512.) A. Immediate Effective Date and Request for Comments Section 553 of the Administrative Procedure Act (5 U.S.C. 553) provides that when an agency, for good cause, finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 66657 agency may issue a final rule without providing notice and an opportunity for public comment (5 U.S.C. 553(b)(B)). NHTSA has determined that there is good cause to issue this interim final rule without notice and an opportunity for public comment because such notice and opportunity for comment would be impracticable. Flooding is presently making portions of the treadwear test course inaccessible, and there is an immediate need to continue testing. This testing would be unavoidably prevented by undertaking notice and comment rulemaking proceedings before specifying an alternate treadwear test course route. Section 553 further requires that that a rule be published at least 30 days prior to its effective date unless one of three exceptions applies. One of these exceptions is when the agency finds good cause for a shorter period. For the reasons stated above, i.e., the inaccessibility of portions of the test course and the immediate need for testing, the agency finds that there is good cause to make this rule effective immediately. Although the agency is issuing this interim final rule, which is effective immediately, without notice and opportunity for public comment, the agency is requesting that comments be submitted to the docket for this notice in order to benefit from comments which interested parties and the public may have. Following the close of the comment period, the agency will publish a notice responding to the comments and, if appropriate, the agency will amend the provisions of this rule. B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures Executive Order 12866, Executive Order 13563, and the Department of Transportation’s regulatory policies require 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; E:\FR\FM\06NOR1.SGM 06NOR1 66658 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES (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 interim final rule under Executive Order 12866, Executive Order 13563, and the Department of Transportation’s regulatory policies and procedures. This interim final rule specifies an alternate route for test convoys using the treadwear test course in order to avoid portions of the course that are currently inaccessible due to flooding. The agency has determined that this rule will not impose or relax any substantive requirements or burdens on manufacturers. Accordingly, it has been determined to be not ‘‘significant’’ under Executive Order 12866 and the Department of Transportation’s regulatory policies and procedures and was not reviewed by the Office of Management and Budget. C. Executive Order 13132 (Federalism) B. Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act (RFA) (codified as amended at 5 U.S.C. 601 et seq.), whenever an agency is required to publish a notice of proposed rulemaking or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). No regulatory flexibility analysis is required if the head of an agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. The interim final rule affects tire manufacturers and brand name owners. Specifically, the agency is adding an alternate route for test convoys using the treadwear test course in order to avoid portions of the course that are currently inaccessible due to flooding. The agency has concluded that specifying this alternate route will not compromise the reliability of the treadwear grades, and will not result in any additional costs to these entities. Accordingly, we certify that the interim final rule will not have a significant economic impact on a substantial number of small entities. D. Executive Order 12988 (Civil Justice Reform) VerDate Mar<15>2010 15:05 Nov 05, 2013 Jkt 232001 NHTSA has examined today’s interim final rule pursuant to Executive Order 13132 (64 FR 43255, August 10, 1999) and concluded that no additional consultation with States, local governments or their representatives is mandated beyond the rulemaking process. The agency has concluded that the interim final rule does not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism summary impact statement. The interim final rule, which specifies an alternate route for test convoys using the treadwear test course, would not have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ The agency expects that general principles of preemption law would operate so as to displace any conflicting State law or regulations. When promulgating a regulation, Executive Order 12988 specifically requires that the agency must make every reasonable effort to ensure that the regulation, as appropriate: (1) Specifies in clear language the preemptive effect; (2) specifies in clear language the effect on existing Federal law or regulation, including all provisions repealed, circumscribed, displaced, impaired, or modified; (3) provides a clear legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction; (4) specifies in clear language the retroactive effect; (5) specifies whether administrative proceedings are to be required before parties may file suit in court; (6) explicitly or implicitly defines key terms; and (7) addresses other important issues affecting clarity and general draftsmanship of regulations. Pursuant to this Order, NHTSA notes as follows. The preemptive effect of this interim final rule is discussed above in connection with Executive Order 13132. NHTSA notes further that there is no requirement that individuals submit a petition for reconsideration or pursue other administrative proceeding before they may file suit in court. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 requires agencies to prepare a written assessment of the costs, benefits and other effects of proposed or final PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 rules that include a Federal mandate likely to result in the expenditure by State, local or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually (adjusted for inflation with base year of 1995). In 2011 dollars, this threshold is $139 million.4 This interim final rule would not result in the expenditure by State, local, or tribal governments, in the aggregate, of more than $139 million annually, and would not result in the expenditure of that magnitude by the private sector. F. National Environmental Policy Act NHTSA has analyzed this rulemaking action for the purposes of the National Environmental Policy Act. The agency has determined that this rulemaking will not have any significant impact on the quality of the human environment. G. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et. seq.), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. This rulemaking does not establish any new information collection requirements. H. Plain Language Executive Order 12866 requires each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public’s needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that isn’t clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments. I. Regulation Identifier Number (RIN) The Department of Transportation assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information 4 Adjusting this amount by the implicit gross domestic product price deflator for the year 2011 results in $139 million (113.361/81.606 = 1.39). E:\FR\FM\06NOR1.SGM 06NOR1 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda. J. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an organization, business, labor union, etc.). You may review DOT’s complete Privacy Act statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.dot.gov/ privacy.html 30182, 30183, and 32908, Pub. L. 104–414, 114 Stat. 1800, Pub. L. 109–59, 119 Stat. 1144, Pub. L. 110–140, 121 Stat. 1492, 15 U.S.C. 1232(g); delegation of authority at 49 CFR 1.95. 2. Amend Appendix A to § 575.104 by adding the paragraphs entitled, ‘‘Alternate Route When FM 189 and Texas 163 are Closed,’’ ‘‘Modified Southern Loop,’’ ‘‘Eastern Loop and Northwestern Loop,’’ ‘‘Modified Northwestern Loop,’’ and ‘‘Repeat Eastern Loop’’ after the paragraph entitled ‘‘Northwestern Loop’’ to read as follows: ■ § 575.104 Uniform tire quality grading standards. * * * * * Appendix A—Treadwear Test Course and Driving Procedures List of Subjects in 49 CFR Part 575 * Consumer protection, Motor vehicle safety, Reporting and recordkeeping requirements, and tires. In consideration of the foregoing, NHTSA is amending 49 CFR part 575 as follows: Alternate Route When FM 189 and Texas 163 are Closed. This alternate test course route consists of a Modified Southern Loop, the Eastern Loop and Northwestern Loop described above, and a Modified Northwestern Loop. Modified Southern Loop. The course begins at the intersection (1) of Ft. McKavitt Road and Paint Rock Road (FM 388) at the northwest corner of Goodfellow AFB. Drive east via FM 388 to junction with Loop Road 306 (2). Turn right onto Loop Road 306 and proceed south to junction with US 277 (3). Turn onto US 277 and proceed south through Eldorado and Sonora (4), continuing on US 277 approximately 5.5 miles (from traffic PART 575—CONSUMER INFORMATION 1. Revise the authority citation for part 575 to read as follows: ■ pmangrum on DSK3VPTVN1PROD with RULES Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123, 30166, 30181, VerDate Mar<15>2010 15:05 Nov 05, 2013 Jkt 232001 PO 00000 * * Frm 00039 * Fmt 4700 * Sfmt 9990 66659 light at separation of US 277 and Loop 467) to picnic area on right. Reverse route at this location and proceed north to junction of Loop 306 and FM 388 (2). Eastern Loop and Northwestern Loop. From junction of Loop Road 306 and FM 388 (2), complete the Eastern Loop, the Northwestern Loop, and then, from junction of Loop Road 306 and FM 388 (2), repeat the Eastern Loop. Modified Northwestern Loop. Proceed north on Northwestern Loop as normal until reaching the intersection of FM 2105 and Texas 208 and turn right onto Texas 208. Proceed on Texas 208 until the intersection with FM 2034. Turn left onto FM 2034 and continue on FM 2034 to the intersection with US 87. Turn left onto US 87. At the intersection of US 87 and FM 2105 turn left onto FM 2105 and proceed to the intersection with US 277. Turn right onto US 277 and proceed to the intersection of Loop Road 306 and FM 388 (2). Repeat Eastern Loop. Turn left onto FM 388 and repeat the Eastern Loop. For convoys that originate at Goodfellow AFB, continue on FM 388 and proceed to starting point at junction of Ft. McKavitt Road and FM 388 (1). For convoys that do not originate at Goodfellow AFB, turn left onto Loop Road 306. * * * * * Issued on: October 31, 2013 in Washington, DC, under authority delegated in 49 CFR 1.95. David L. Strickland, Administrator. [FR Doc. 2013–26581 Filed 11–1–13; 4:15 pm] BILLING CODE 4910–59–P E:\FR\FM\06NOR1.SGM 06NOR1

Agencies

[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66655-66659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26581]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. NHTSA-2013-0120]
RIN 2127-AL49


Consumer Information; Uniform Tire Quality Grading Standards

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

ACTION: Interim final rule; request for comments.

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SUMMARY: The Uniform Tire Quality Grading Standards (UTQGS) contain 
detailed testing procedures for generating consumer information about 
the treadwear, traction, and temperature resistance of passenger car 
tires. To ensure the uniformity of treadwear grades, the grading 
procedures specify a 400-mile test course located near San Angelo, 
Texas. Two or four-vehicle convoys equipped with candidate tires travel 
along this course to evaluate the tire treadwear performance. Because 
flooding is currently affecting several water crossings along a portion 
of the test course, NHTSA is issuing this interim final rule to add an 
alternate treadwear test course route to avoid the inaccessible 
portions of the course. This change will not compromise the reliability 
of the treadwear grades, and will not impose or relax any substantive 
requirements or burdens on manufacturers. Although the addition of the 
alternative course route is effective immediately, in order to benefit 
from comments which interested parties and the public may have, the 
agency is requesting that comments be submitted to the docket for this 
rule. Following the close of the comment period, the agency will 
publish a document responding to the comments and, if appropriate, the 
agency will amend the provisions of this rule.

DATES: Effective date: This interim final rule is effective November 6, 
2013. Comments: You should submit your comments early enough to be 
received not later than January 6, 2014.

ADDRESSES: You may submit comments, identified by the docket number at 
the heading of this notice, by any of the following methods:
    Online: Go to https://www.regulations.gov. Follow the instructions 
for submitting comments on the electronic docket site by clicking on 
``Help'' or ``FAQs.''
    Fax: 1-202-493-2251.
    Mail: U.S. Department of Transportation, Docket Operations, M-30, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    Hand Delivery: 1200 New Jersey Avenue SE., West Building Ground 
Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number. Note that all comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act discussion below. We 
will consider all comments received before the close of business on the 
comment closing date indicated above. To the extent possible, we will 
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov at any time or to 
1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. Telephone: (202) 366-9826.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may

[[Page 66656]]

review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78) or you may visit https://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any 
information under a claim of confidentiality, you should submit three 
copies of your complete submission, including the information you claim 
to be confidential business information, to the Chief Counsel, NHTSA, 
at the address given under FOR FURTHER INFORMATION CONTACT. In 
addition, you should submit two copies, from which you have deleted the 
claimed confidential business information, to Docket Operations at the 
address given above. When you send a comment containing information 
claimed to be confidential business information, you should include a 
cover letter setting forth the information specified in our 
confidential business information regulation (49 CFR part 512).

FOR FURTHER INFORMATION CONTACT:
    For technical and policy issues: Hisham Mohamed, Office of 
International Policy, Fuel Economy, and Consumer Standards, NHTSA, 1200 
New Jersey Ave. SE., West Building, W43-437, Washington, DC 20590. 
Telephone: (202) 366-0307.
    For legal issues: William H. Shakely, Office of the Chief Counsel, 
NHTSA, 1200 New Jersey Ave. SE., West Building, W41-227, Washington, DC 
20590. Telephone: (202) 366-2992. Fax: (202) 366-3820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. UTQGS and the Treadwear Test Course
II. Change to the Treadwear Test Course
III. Request for Comment
IV. Public Participation
V. Regulatory Analyses and Notices

I. UTQGS and the Treadwear Test Course

    The Uniform Tire Quality Grading Standards (UTQGS) require motor 
vehicle and tire manufacturers and tire brand name owners to provide 
information indicating the relative performance of passenger car tires 
in the areas of treadwear, traction, and temperature resistance. This 
information aids consumers in making informed choices in the purchase 
of passenger car tires.
    Treadwear grades are expressed, in multiples of 20, as a percentage 
of a nominal treadwear value of 100.\1\ For example, a treadwear grade 
of 160 means the candidate tire tread life should be 1.6 times longer 
compared to NHTSA's ``control tire.'' \2\ Although treadwear grades do 
not predict the actual mileage that a particular tire will achieve, 
they are sufficiently accurate to help consumers choose among tires 
based on their relative tread life.
---------------------------------------------------------------------------

    \1\ See 49 CFR 575.104(e)(2)(ix)(F).
    \2\ See https://www.safercar.gov/Vehicle+Shoppers/Tires/Tires+Rating/Treadwear.
---------------------------------------------------------------------------

    To ensure the uniformity of treadwear grades, Appendix A of 49 CFR 
575.104 specifies a 400-mile treadwear test course. Two or four-vehicle 
convoys equipped with candidate tires travel along this course to 
evaluate the tire treadwear performance. The test course consists of 
three loops in the geographical vicinity of Goodfellow Air Force Base 
near San Angelo, Texas. The first loop (``Southern Loop'') runs south 
143 miles through the cities of Eldorado, Sonora, and Juno, Texas to 
the Camp Hudson Historical Marker, and returns by the same route. The 
second loop (``Eastern Loop'') runs east over Farm and Ranch Roads and 
returns to its starting point. The third loop (``Northwestern Loop'') 
runs northwest to Water Valley, northeast toward Robert Lee and returns 
via Texas 208 to the vicinity of Goodfellow AFB.\3\
---------------------------------------------------------------------------

    \3\ See Figure 3, Appendix A, 49 CFR 575.104.
---------------------------------------------------------------------------

    As a result of recent overflow of the Devils River, the treadwear 
testing convoys cannot access Texas 189 due to road washout and cannot 
cross at least one of the several water crossings along Texas 163 and, 
therefore, cannot safely use a portion of the Southern Loop. 
Specifically, FM 189 and several low water crossings along Texas 163, 
located between US 277 and the Camp Hudson Historical Marker, are 
impassable or submerged under several inches of water.

II. Change to the Treadwear Test Course

    Because the affected portion of the Southern Loop will be 
inaccessible for an indeterminate time and there is an immediate need 
for testing, the agency is adding an alternate test course route that 
substitutes different sections of the course for the flooded portion of 
the Southern Loop. Test convoys will have the option of using this 
alternate route to conduct treadwear testing. As explained above, the 
regular course route consists of the Southern Loop, the Eastern Loop, 
and the Northwestern Loop, in that order. Test convoys using the 
alternate route will travel on portions of the Southern Loop and then 
continue on the Eastern Loop and the Northwestern Loop. After 
completing the Northwestern Loop, the convoys will repeat the Eastern 
Loop, travel on the Northwestern Loop (including travel on portions of 
the Northwestern Loop in the reverse direction), and then complete the 
Eastern Loop a third time. Making the additional trips on the Eastern 
Loop and the Northwestern Loop will make up the distance that is 
usually traveled on Texas 163 and FM 189.
    Specifically, instead of traveling south on FM 189 and Texas 163, 
each test convoy will travel south from Sonora on US 277 as normal for 
approximately 5.5 miles to a picnic area on right. At this location the 
test convoy will reverse course and proceed to the completion of the 
Southern Loop. After completing this modified Southern Loop, the 
Eastern Loop and Northwestern Loop to the intersection of Loop 306 and 
FM 388, the test convoy will turn left on FM 388 and run the Eastern 
Loop a second time. On completion of the second Eastern Loop at FM 388 
and Loop 306, the convoys will turn right to travel on the Northwestern 
Loop a second time with the following modification: The convoys will 
follow the normal Northwestern Loop until they reach the intersection 
of FM 2105 and Texas 208, where the convoys will turn right onto Texas 
208. The convoys will travel on Texas 208 until the intersection with 
FM 2034. The convoys will turn left onto FM 2034 and travel on FM 2034 
to the intersection with US 87, where they will turn left onto US 87. 
At the intersection of US 87 and FM 2105, the convoys will turn left 
onto FM 2105 and continue to the intersection with US 277. The convoys 
will then turn right onto US 277 and continue to the intersection of 
Loop 306 and FM 388. At this point the convoy will turn left and run 
the Eastern Loop a third and final time, returning to the intersection 
of Loop 306 and FM 388. This will be the completion of the full route.
    The distance between the picnic area on US 277 and the Camp Hudson 
Historical Marker is approximately equivalent to the combined distance 
of the modified Northwestern Loop and two trips on the Eastern Loop. 
Accordingly, the agency has concluded that using the alternative 
treadwear course route will not compromise the reliability of the 
treadwear grades and will not impose or relax any substantive 
requirements or burdens on manufacturers. The agency has further 
determined that the impact of this interim final rule is so minimal as 
to not warrant the preparation of a full regulatory evaluation.

III Request for Comment

    Although this interim final rule is effective immediately, in order 
to

[[Page 66657]]

benefit from comments which interested parties and the public may have, 
the agency is requesting that comments be submitted to the docket for 
this notice. Following the close of the comment period, the agency will 
publish a notice responding to the comments and, if appropriate, the 
agency will amend the provisions of this rule.

IV. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Comments may be submitted to the docket electronically by logging 
onto the Docket Management System Web site at https://www.regulations.gov. Follow the online instructions for submitting 
comments.
    You may also submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at https://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's 
guidelines may be accessed at https://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/subject_areas/statistical_policy_and_research/data_quality_guidelines/.

How can I be sure that my comments were received?

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

How do I submit confidential business information?

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

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider, we will 
consider that comment as an informal suggestion for future rulemaking 
action.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location. You may also see the comments on 
the Internet. To read the comments on the Internet, go to https://www.regulations.gov. Follow the online instructions for accessing the 
dockets.
    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 people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

IV. Regulatory Analyses and Notices

A. Immediate Effective Date and Request for Comments

    Section 553 of the Administrative Procedure Act (5 U.S.C. 553) 
provides that when an agency, for good cause, finds that notice and 
public procedure are impracticable, unnecessary, or contrary to the 
public interest, the agency may issue a final rule without providing 
notice and an opportunity for public comment (5 U.S.C. 553(b)(B)). 
NHTSA has determined that there is good cause to issue this interim 
final rule without notice and an opportunity for public comment because 
such notice and opportunity for comment would be impracticable. 
Flooding is presently making portions of the treadwear test course 
inaccessible, and there is an immediate need to continue testing. This 
testing would be unavoidably prevented by undertaking notice and 
comment rulemaking proceedings before specifying an alternate treadwear 
test course route.
    Section 553 further requires that that a rule be published at least 
30 days prior to its effective date unless one of three exceptions 
applies. One of these exceptions is when the agency finds good cause 
for a shorter period. For the reasons stated above, i.e., the 
inaccessibility of portions of the test course and the immediate need 
for testing, the agency finds that there is good cause to make this 
rule effective immediately.
    Although the agency is issuing this interim final rule, which is 
effective immediately, without notice and opportunity for public 
comment, the agency is requesting that comments be submitted to the 
docket for this notice in order to benefit from comments which 
interested parties and the public may have. Following the close of the 
comment period, the agency will publish a notice responding to the 
comments and, if appropriate, the agency will amend the provisions of 
this rule.

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    Executive Order 12866, Executive Order 13563, and the Department of 
Transportation's regulatory policies require 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;

[[Page 66658]]

    (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 interim final rule 
under Executive Order 12866, Executive Order 13563, and the Department 
of Transportation's regulatory policies and procedures. This interim 
final rule specifies an alternate route for test convoys using the 
treadwear test course in order to avoid portions of the course that are 
currently inaccessible due to flooding. The agency has determined that 
this rule will not impose or relax any substantive requirements or 
burdens on manufacturers. Accordingly, it has been determined to be not 
``significant'' under Executive Order 12866 and the Department of 
Transportation's regulatory policies and procedures and was not 
reviewed by the Office of Management and Budget.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA) (codified as 
amended at 5 U.S.C. 601 et seq.), whenever an agency is required to 
publish a notice of proposed rulemaking or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
No regulatory flexibility analysis is required if the head of an agency 
certifies that the rule would not have a significant economic impact on 
a substantial number of small entities. The Small Business Regulatory 
Enforcement Fairness Act (SBREFA) of 1996 amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    The interim final rule affects tire manufacturers and brand name 
owners. Specifically, the agency is adding an alternate route for test 
convoys using the treadwear test course in order to avoid portions of 
the course that are currently inaccessible due to flooding. The agency 
has concluded that specifying this alternate route will not compromise 
the reliability of the treadwear grades, and will not result in any 
additional costs to these entities. Accordingly, we certify that the 
interim final rule will not have a significant economic impact on a 
substantial number of small entities.

C. Executive Order 13132 (Federalism)

    NHTSA has examined today's interim final rule pursuant to Executive 
Order 13132 (64 FR 43255, August 10, 1999) and concluded that no 
additional consultation with States, local governments or their 
representatives is mandated beyond the rulemaking process. The agency 
has concluded that the interim final rule does not have sufficient 
federalism implications to warrant consultation with State and local 
officials or the preparation of a federalism summary impact statement. 
The interim final rule, which specifies an alternate route for test 
convoys using the treadwear test course, would not have ``substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' The agency 
expects that general principles of preemption law would operate so as 
to displace any conflicting State law or regulations.

D. Executive Order 12988 (Civil Justice Reform)

    When promulgating a regulation, Executive Order 12988 specifically 
requires that the agency must make every reasonable effort to ensure 
that the regulation, as appropriate: (1) Specifies in clear language 
the preemptive effect; (2) specifies in clear language the effect on 
existing Federal law or regulation, including all provisions repealed, 
circumscribed, displaced, impaired, or modified; (3) provides a clear 
legal standard for affected conduct rather than a general standard, 
while promoting simplification and burden reduction; (4) specifies in 
clear language the retroactive effect; (5) specifies whether 
administrative proceedings are to be required before parties may file 
suit in court; (6) explicitly or implicitly defines key terms; and (7) 
addresses other important issues affecting clarity and general 
draftsmanship of regulations.
    Pursuant to this Order, NHTSA notes as follows. The preemptive 
effect of this interim final rule is discussed above in connection with 
Executive Order 13132. NHTSA notes further that there is no requirement 
that individuals submit a petition for reconsideration or pursue other 
administrative proceeding before they may file suit in court.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local or tribal governments, in the 
aggregate, or by the private sector, of more than $100 million annually 
(adjusted for inflation with base year of 1995). In 2011 dollars, this 
threshold is $139 million.\4\ This interim final rule would not result 
in the expenditure by State, local, or tribal governments, in the 
aggregate, of more than $139 million annually, and would not result in 
the expenditure of that magnitude by the private sector.
---------------------------------------------------------------------------

    \4\ Adjusting this amount by the implicit gross domestic product 
price deflator for the year 2011 results in $139 million (113.361/
81.606 = 1.39).
---------------------------------------------------------------------------

F. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. The agency has determined that this 
rulemaking will not have any significant impact on the quality of the 
human environment.

G. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, 
et. seq.), Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. This rulemaking does not 
establish any new information collection requirements.

H. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Application of the principles of plain language 
includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments.

I. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information

[[Page 66659]]

Service Center publishes the Unified Agenda in April and October of 
each year. You may use the RIN contained in the heading at the 
beginning of this document to find this action in the Unified Agenda.

J. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an organization, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
https://www.dot.gov/privacy.html

List of Subjects in 49 CFR Part 575

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

    In consideration of the foregoing, NHTSA is amending 49 CFR part 
575 as follows:

PART 575--CONSUMER INFORMATION

0
1. Revise the authority citation for part 575 to read as follows:

    Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30123, 
30166, 30181, 30182, 30183, and 32908, Pub. L. 104-414, 114 Stat. 
1800, Pub. L. 109-59, 119 Stat. 1144, Pub. L. 110-140, 121 Stat. 
1492, 15 U.S.C. 1232(g); delegation of authority at 49 CFR 1.95.


0
2. Amend Appendix A to Sec.  575.104 by adding the paragraphs entitled, 
``Alternate Route When FM 189 and Texas 163 are Closed,'' ``Modified 
Southern Loop,'' ``Eastern Loop and Northwestern Loop,'' ``Modified 
Northwestern Loop,'' and ``Repeat Eastern Loop'' after the paragraph 
entitled ``Northwestern Loop'' to read as follows:


Sec.  575.104  Uniform tire quality grading standards.

* * * * *

Appendix A--Treadwear Test Course and Driving Procedures

* * * * *
    Alternate Route When FM 189 and Texas 163 are Closed. This 
alternate test course route consists of a Modified Southern Loop, 
the Eastern Loop and Northwestern Loop described above, and a 
Modified Northwestern Loop.
    Modified Southern Loop. The course begins at the intersection 
(1) of Ft. McKavitt Road and Paint Rock Road (FM 388) at the 
northwest corner of Goodfellow AFB. Drive east via FM 388 to 
junction with Loop Road 306 (2). Turn right onto Loop Road 306 and 
proceed south to junction with US 277 (3). Turn onto US 277 and 
proceed south through Eldorado and Sonora (4), continuing on US 277 
approximately 5.5 miles (from traffic light at separation of US 277 
and Loop 467) to picnic area on right. Reverse route at this 
location and proceed north to junction of Loop 306 and FM 388 (2).
    Eastern Loop and Northwestern Loop. From junction of Loop Road 
306 and FM 388 (2), complete the Eastern Loop, the Northwestern 
Loop, and then, from junction of Loop Road 306 and FM 388 (2), 
repeat the Eastern Loop.
    Modified Northwestern Loop. Proceed north on Northwestern Loop 
as normal until reaching the intersection of FM 2105 and Texas 208 
and turn right onto Texas 208. Proceed on Texas 208 until the 
intersection with FM 2034. Turn left onto FM 2034 and continue on FM 
2034 to the intersection with US 87. Turn left onto US 87. At the 
intersection of US 87 and FM 2105 turn left onto FM 2105 and proceed 
to the intersection with US 277. Turn right onto US 277 and proceed 
to the intersection of Loop Road 306 and FM 388 (2).
    Repeat Eastern Loop. Turn left onto FM 388 and repeat the 
Eastern Loop. For convoys that originate at Goodfellow AFB, continue 
on FM 388 and proceed to starting point at junction of Ft. McKavitt 
Road and FM 388 (1). For convoys that do not originate at Goodfellow 
AFB, turn left onto Loop Road 306.
* * * * *

    Issued on: October 31, 2013 in Washington, DC, under authority 
delegated in 49 CFR 1.95.
David L. Strickland,
Administrator.
[FR Doc. 2013-26581 Filed 11-1-13; 4:15 pm]
BILLING CODE 4910-59-P
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