Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 11191 

3Tires 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. 

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 

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 

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 

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 

http://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. 


srobinson on DSK4SPTVN1PROD with NOTICES
11192 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 

1See Union Pac. R.R.—Aban. Exemption—in 

Lamar and Fannin Cntys., Tex., AB 33 (Sub-No. 

163X) (STB served Aug. 19, 2003). 

2See 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. 

1A 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. 

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: 

http://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] 

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 

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 33.5- 

mile 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. 

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 


srobinson on DSK4SPTVN1PROD with NOTICES