TREAD Milestones Follow-Up Report
(December 2001)

INTRODUCTION

The Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, Pub. L. 106-414, November 1, 2000, requires the Secretary of Transportation to conduct a number of rulemaking actions, as well as several studies and reports, to address concerns that were raised in the fall of 2000 during a series of hearings into the safety of Firestone tires. Together, these actions require intensive efforts by the Secretary, acting through the National Highway Traffic Safety Administration (NHTSA), to amend several existing regulations and to issue new ones.

The TREAD Act sets deadlines for most of the actions it requires, ranging from 30 days to two years after its enactment.  To track the progress of these actions, Section 16 of the TREAD Act provides that —

One year after the date of the enactment of this Act, the Secretary of Transportation shall report to the Congress on the implementation of the amendments made by this Act and any recommendations for additional amendments for consumer safety.

The caption of Section 16 describes it as a follow-up report, rather than as a final report, since it is to be submitted before the rulemaking deadlines for several of the more complex rules required by the Act.   This report accordingly describes the actions taken by NHTSA under the TREAD Act as of December 14, 2001.

The report addresses each section of the TREAD Act in order.  For each section, it provides the full text of the section; a table showing the deadlines for each requirement, the dates on which actions have been taken, and the Federal Register citations to each published notice; the summary statement from each published notice; and a brief narrative status for each action that has not been completed.  An appendix to the report provides the Federal Register text for each published notice.

SECTION-BY-SECTION DISCUSSION

SECTIONS 1 AND 2

Section 1 of the TREAD Act gives the short title of the Act, and Section 2 repeals an earlier amendment to Section 30118 of title 49, United States Code.   These sections do not require action by the Secretary.

SECTION 3. REPORTING REQUIREMENTS.

Defects in Foreign Countries

(a) Defects in Foreign Countries — Section 30166 of title 49, United States Code, is amended by adding at the end the following: 

(l) Reporting of Defects in Motor Vehicles and Products in Foreign Countries —  

(1) Reporting of defects, manufacturer determination — Not later than 5 working days after determining to conduct a safety recall or other safety campaign in a foreign country on a motor vehicle or motor vehicle equipment that is identical or substantially similar to a motor vehicle or motor vehicle equipment offered for sale in the United States, the manufacturer shall report the determination to the Secretary. 

(2) Reporting of defects, foreign government determination — Not later than 5 working days after receiving notification that the government of a foreign country has determined that a safety recall or other safety campaign must be conducted in the foreign country on a motor vehicle or motor vehicle equipment that is identical or substantially similar to a motor vehicle or motor vehicle equipment offered for sale in the United States, the manufacturer of the motor vehicle or motor vehicle equipment shall report the determination to the Secretary. 

(3) Reporting requirements — The Secretary shall prescribe the contents of the notification required by this subsection.

SUMMARY: This document requests comments on a proposal to implement the foreign safety recall and safety campaign reporting requirements of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. Section 3(a) of the TREAD Act requires a manufacturer of motor vehicles or motor vehicle equipment to report to the National Highway Traffic Safety Administration (NHTSA) whenever it has decided to conduct a safety recall or other safety campaign in a foreign country covering vehicles or equipment that are identical or substantially similar to vehicles or equipment offered for sale in the United States. The manufacturer must also report whenever it has been notified by a foreign government that a   safety recall or safety campaign must be conducted covering such vehicles or equipment.

Rulemaking Status: Comments on the foreign defects reporting proposal were due by December 12, 2001.  NHTSA plans to review these comments in conjunction with the comments received under the forthcoming notice of proposed rulemaking on early warning reporting (subsection (b) of Section 3, as described below).

Early Warning Reporting Requirements

(b) Early Warning Reporting Requirements — Section 30166 of title 49, United States Code, is amended by adding at the end the following: 

(m) Early Warning Reporting Requirements —  

(1) Rulemaking required — Not later than 120 days after the date of the enactment of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, the Secretary shall initiate a rulemaking proceeding to establish early warning reporting requirements for manufacturers of motor vehicles and motor vehicle equipment to enhance the Secretary's ability to carry out the provisions of this chapter. 

(2) Deadline — The Secretary shall issue a final rule under paragraph (1) not later than June 30, 2002. 

(3) Reporting elements —  

(A) Warranty and claims data — As part of the final rule promulgated under paragraph (1), the Secretary shall require manufacturers of motor vehicles and motor vehicle equipment to report, periodically or upon request by the Secretary, information which is received by the manufacturer derived from foreign and domestic sources to the extent that such information may assist in the identification of defects related to motor vehicle safety in motor vehicles and motor vehicle equipment in the United States and which concerns — 

(i) data on claims submitted to the manufacturer for serious injuries (including death) and aggregate statistical data on property damage from alleged defects in a motor vehicle or in motor vehicle equipment; or 

(ii) customer satisfaction campaigns, consumer advisories, recalls, or other activity involving the repair or replacement of motor vehicles or items of motor vehicle equipment. 

(B) Other data — As part of the final rule promulgated under paragraph (1), the Secretary may, to the extent that such information may assist in the identification of defects related to motor vehicle safety in motor vehicles and motor vehicle equipment in the United States, require manufacturers of motor vehicles or motor vehicle equipment to report, periodically or upon request of the Secretary, such information as the Secretary may request. 

(C) Reporting of possible defects — The manufacturer of a motor vehicle or motor vehicle equipment shall report to the Secretary, in such manner as the Secretary establishes by regulation, all incidents of which the manufacturer receives actual notice which involve fatalities or serious injuries which are alleged or proven to have been caused by a possible defect in such manufacturer's motor vehicle or motor vehicle equipment in the United States, or in a foreign country when the possible defect is in a motor vehicle or motor vehicle equipment that is identical or substantially similar to a motor vehicle or motor vehicle equipment offered for sale in the United States. 

(4) Handling and utilization of reporting elements —

(A) Secretary's specifications — In requiring the reporting of any information requested by the Secretary under this subsection, the Secretary shall specify in the final rule promulgated under paragraph (1) —

(i) how such information will be reviewed and utilized to assist in the identification of defects related to motor vehicle safety; 

(ii) the systems and processes the Secretary will employ or establish to review and utilize such information; and 

(iii) the manner and form of reporting such information, including in electronic form. 

(B) Information in possession of manufacturer — The regulations promulgated by the Secretary under paragraph (1) may not require a manufacturer of a motor vehicle or motor vehicle equipment to maintain or submit records respecting information not in the possession of the manufacturer. 

(C) Disclosure — None of the information collected pursuant to the final rule promulgated under paragraph (1) shall be disclosed pursuant to section 30167(b) unless the Secretary determines the disclosure of such information will assist in carrying out sections 30117(b) and 30118 through 30121. 

(D) Burdensome requirements — In promulgating the final rule under paragraph (1), the Secretary shall not impose requirements unduly burdensome to a manufacturer of a motor vehicle or motor vehicle equipment, taking into account the manufacturer's cost of complying with such requirements and the Secretary's ability to use the information sought in a meaningful manner to assist in the identification of defects related to motor vehicle safety. 

 (5) Periodic review — As part of the final rule promulgated pursuant to paragraph (1), the Secretary shall specify procedures for the periodic review and update of such rule.

SUMMARY: This document requests comments on ways that the National Highway Traffic Safety Administration (NHTSA) may implement the ‘early warning reporting requirements’ of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. The TREAD Act directs NHTSA to publish a rule requiring vehicle and equipment manufacturers to report claims data and other information, whether originating in the United States or in a foreign country, that may assist in identifying defects related to motor vehicle safety in vehicles or equipment in the United States. The Act further authorizes NHTSA to require the reporting of other information. These manufacturers must also report to us all incidents, of which they

receive notice, involving fatalities or serious injuries which are alleged or proven to have been caused by a possible defect in their products, whether in the United States or abroad, when the possible defective vehicle or equipment is identical or substantially similar to a vehicle or equipment offered for sale in the United States. We intend to issue a notice of proposed rulemaking (NPRM) later in 2001 to amend our procedural regulations on standards enforcement and defect investigation, reporting requirements, and recordkeeping, on the basis of comments we receive in response to this ANPRM.

Rulemaking status: NHTSA received 63 comments on the ANPRM, many of them extensive.  The agency considered these comments in developing a notice of proposed rulemaking, which was signed and sent to the Federal Register on December 14, 2001.  The NPRM will generate additional comments from the automotive industry.   These comments will necessitate an expedited and intensive review if the agency is to meet the June 30, 2002 deadline for issuance of the final rule.

Sale or Lease of Defective or Noncompliant Tire

(c)  Sale or Lease of Defective or Noncompliant Tire — Section 30166 of title 49, United States Code, as amended by subsection (b), is amended by adding at the end the following: 

(n) Sale or Lease of Defective or Noncompliant Tire —  

(1) In general — The Secretary shall, within 90 days of the date of the enactment of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, issue a final rule requiring any person who knowingly and willfully sells or leases for use on a motor vehicle a defective tire or a tire which is not compliant with an applicable tire safety standard with actual knowledge that the manufacturer of such tire has notified its dealers of such defect or noncompliance as required under section 30118(c) or as required by an order under section 30118(b) to report such sale or lease to the Secretary.

(2) Defect or noncompliance remedied or order not in effect — Regulations under paragraph (1) shall not require the reporting described in paragraph (1) where before delivery under a sale or lease of a tire —

(A) the defect or noncompliance of the tire is remedied as required by section 30120; or 

(B) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) applies.

SUMMARY: This final rule implements section 3(c) of the Transportation Recall Enhancement, Accountability, and Documentation Act (TREAD Act).  Section 3(c) directed us to issue a final rule by January 30, 2001, implementing that Act's requirement of the submission of reports concerning sales and leases of defective or noncompliant tires by certain persons. Accordingly, we published an interim final rule and request for comments in the Federal Register on December 26, 2000 (65 FR 81409). We are now publishing a final rule requiring any person who knowingly and willfully sells or leases for use on a motor vehicle a defective tire or a tire not in compliance with applicable safety standards and has actual knowledge that the manufacturer of such tire has notified its dealers of such defect or noncompliance to report that sale or lease to NHTSA. There have been no significant changes to the interim final rule.

Rulemaking: Completed.  The interim final rule was effective December 26, 2000, and the final rule on August 22, 2001.

Insurance Study

(d) Insurance Study.  The Secretary of Transportation shall conduct a study to determine the feasibility and utility of obtaining aggregate information on a regular and periodic basis regarding claims made for private passenger automobile accidents from persons in the business of providing private passenger automobile insurance or of adjusting insurance claims for such automobiles. Not later than 120 days after the date of the enactment of this Act, the Secretary shall transmit the results of such study to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SECTION 4. REMEDIES WITHOUT CHARGE

SEC. 4.  REMEDIES WITHOUT CHARGE. 

Section 30120(g)(1) of title 49, United States Code, is amended by — 

(1) striking "8 calendar years" and inserting "10 calendar years"; and 

(2) striking "3 calendar years" and inserting "5 calendar years".

[NHTSA addressed Section 4, Remedies without Charge, in a common rulemaking with Subsection 5(a), Civil Penalties, as shown below.   Subsection 5(b), Criminal Penalties, was addressed separately.]

SECTION 5.  PENALTIES

Civil Penalties

(a) Civil Penalties — Section 30165(a) of title 49, United States Code, is amended to read as follows: 

(a) Civil Penalties —  

(1) In general — A person that violates any of section 30112, 30115, 30117 through 30122, 30123(d), 30125(c), 30127, or 30141 through 30147, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $15,000,000. 

(2) Section 30166 — A person who violates section 30166 or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $5,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $15,000,000.

SUMMARY: This document amends NHTSA's regulations on civil penalties and registered importers to reflect related amendments to 49 U.S.C. 30165(a) and 30120(g)(1) made by sections [4 and 5(a)] of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, signed by the president on November 1, 2000. Under these amendments, the civil penalty for a single violation of 49 U.S.C. Chapter 301 — Motor Vehicle Safety is increased from $1,100 to $5,000, and the maximum civil penalty for a related series of violations is increased from $925,000 to $15,000,000.

Rulemaking status: Completed.  The changes in the law enacted in Section 4 and Section 5(a) were effective upon enactment, on November 1, 2000.

Criminal Penalties

(b) Criminal Penalties. —

(1) In general — Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 

$30170. Criminal Penalties 

(a) Criminal Liability for Falsifying or Withholding Information —  

(1) General rule — A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30166, with the specific intention of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects that have caused death or serious bodily injury to an individual (as defined in section 1365(g)(3) of title 18), shall be subject to criminal penalties of a fine under title 18, or imprisoned for not more than 15 years, or both.  

(2) Safe harbor to encourage reporting and for whistle blowers —

(A) Correction — A person described in paragraph (1) shall not be subject to criminal penalties under this subsection if: (1) at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury; and (2) the person corrects any improper reports or failure to report within a reasonable time. 

(B) Reasonable time and sufficiency of correction — The Secretary shall establish by regulation what constitutes a reasonable time for the purposes of subparagraph (A) and what manner of correction is sufficient for purposes of subparagraph (A). The Secretary shall issue a final rule under this subparagraph within 90 days of the date of the enactment of this section. 

(C) Effective date — Subsection (a) shall not take effect before the final rule under subparagraph (B) takes effect.

Federal Register summary (Final rule) 66 FR at 38380

SUMMARY: This final rule implements Section 5(b) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act.  Section 5(b) added a new section, which provides for criminal liability in circumstances where a person violates reporting requirements with the intention of misleading the Secretary of Transportation (Secretary) with respect to safety-related defects in motor vehicles or motor vehicle equipment that have caused death or serious bodily injury. To encourage the correction of incorrect or incomplete information that was reported or should have been reported to the Secretary, Section 5 includes a "safe harbor" provision that offers protection from criminal prosecution to persons who meet certain criteria. To qualify for this protection, the person must have lacked knowledge at the time of the violation that the violation would result in an accident causing death or serious bodily injury, and must correct any improper reports or failures to report to the Secretary within a reasonable time. This rule establishes what constitutes a "reasonable time'' and a sufficient manner of "correction,'' for such improper reports and failures to report information to the Secretary.

Rulemaking status: Completed.  The interim final rule was effective January 25, 2001, and the final rule on August 23, 2001.

SECTION 6.  ACCELERATION OF MANUFACTURER REMEDY PROGRAM.

Remedy Program

(a) Remedy Program — Section 30120(c) of title 49, United States Code, is amended by inserting at the end thereof the following: 

(3) If the Secretary determines that a manufacturer's remedy program is not likely to be capable of completion within a reasonable time, the Secretary may require the manufacturer to accelerate the remedy program if the Secretary finds — 

(A) that there is a risk of serious injury or death if the remedy program is not accelerated; and

(B) that acceleration of the remedy program can be reasonably achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both.

The Secretary may prescribe regulations to carry out this paragraph.

SUMMARY: This document proposes to amend regulations that pertain to manufacturers' remedies for defective or noncomplying motor vehicles and replacement equipment in order to implement Section 6(a) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. Section 6(a) provides that the Secretary of Transportation may require a manufacturer to accelerate the manufacturer's remedy program if the Secretary determines that it is not likely to be capable of completion within a reasonable time and the Secretary finds: there is a risk of serious injury or death if the remedy program is not accelerated; and that acceleration of the remedy program can be reasonably achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both.

Rulemaking status: Comments on the notice of proposed rulemaking are due by February 11, 2002.

Reimbursement Prior to Recall

(b) Reimbursement Prior to Recall — Section 30120(d) of title 49, United States Code, is amended by inserting at the end thereof the following: "A manufacturer's remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the manufacturer's notification under subsection (b) or (c) of section 30118. The Secretary may prescribe regulations establishing what constitutes a reasonable time for purposes of the preceding sentence and other reasonable conditions for the reimbursement plan."

Federal Register Summary (NPRM) 66 FR at 64078

SUMMARY: This document proposes to implement Section 6(b) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. Section 6(b) provides that a manufacturer's program to remedy a safety-related defect or a noncompliance with a Federal motor vehicle safety standard shall include a plan for reimbursing an owner for the cost of a remedy incurred within a reasonable time before the manufacturer's notification of the defect or noncompliance and authorizes the agency to establish what constitutes a reasonable time and other conditions for the reimbursement plan.

Rulemaking Status:  Comments on thenotice of proposed rulemaking are due by February 11, 2001.

SECTION 7.  S.ales of Replaced Tires.

Section 30120(d) of title 49, United States Code, is amended by adding at the end the following: ‘In the case of a remedy program involving the replacement of tires, the manufacturer shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the control of the manufacturer, the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns.

SUMMARY:  In response to the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000, this document proposes to establish a new Federal Motor Vehicle Safety Standard that contains provisions to improve the labeling of tires to assist consumers in identifying tires that may be the subject of a safety recall.  It also contains proposals for providing other consumer information to increase public awareness of the importance and methods of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle.  The proposals would apply to all new and retreaded tires for use on vehicles with a gross vehicle weight rating of 10,000 pounds or less and to all vehicles with a gross vehicle weight rating of 10,000 pounds or less, except for motorcycles and low speed vehicles.  NHTSA will also be proposing upgraded safety performance requirements for tires in a forthcoming proposal, which would also be included in this new standard.

Rulemaking status: A notice of proposed rulemaking was issued on December 12, 2001, and will be published shortly thereafter.  NHTSA is requesting comments within 60 days after publication.

SECTION 8.  .Sales of Replaced Equipment.

Section 30120 of title 49, United States Code, is amended by adding at the end the following: 

(j) Prohibition on Sales of Replaced Equipment — No person may sell or lease any motor vehicle equipment (including a tire), for installation on a motor vehicle, that is the subject of a decision under section 30118(b) or a notice required under section 30118(c) in a condition that it may be reasonably used for its original purpose unless —

(1) the defect or noncompliance is remedied as required by this section before delivery under the sale or lease; or 

(2) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order is set aside in a civil action to which section 30121(d) applies."

SUMMARY: NHTSA proposes to add regulations limiting the sale or lease of noncompliant and defective motor vehicles and items of motor vehicle equipment. The Intermodal Surface Transportation Efficiency Act (ISTEA) and the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act amended federal motor vehicle safety laws by

limiting the sale or lease of defective and noncompliant vehicles and equipment. The proposed rules would codify the limitations set forth in ISTEA and the TREAD Act and reduce questions relating to the meaning of those limitations.”

Rulemaking status: The comment period closed on September 21, 2001.  As of December 12, 2001, NHTSA had received three comments on the NPRM.   The agency does not anticipate that it will need a lengthy review period to resolve the issues raised by the comments and expects to issue a final rule early in 2002.   The rulemaking is not considered significant under Executive Order No. 12866.  The final rule will not be reviewed by the Office of Management and Budget.

SECTION 9.  .Certification Label.

Section 30115 of title 49, United States Code, is amended by inserting ‘(a) In General.—‘ before "A manufacturer" and by adding at the end the following: 

(b) Certification Label — In the case of the certification label affixed by an intermediate or final stage manufacturer of a motor vehicle built in more than 1 stage, each intermediate or final stage manufacturer shall certify with respect to each applicable Federal motor vehicle safety standard —

(1) that it has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or 

(2) that it has elected to assume responsibility for compliance with that standard. If the intermediate or final stage manufacturer elects to assume responsibility for compliance with the standard covered by the documentation provided by an incomplete motor vehicle manufacturer, the intermediate or final stage manufacturer shall notify the incomplete motor vehicle manufacturer in writing within a reasonable time of affixing the certification label. A violation of this subsection shall not be subject to a civil penalty under section 30165." 

SECTION 10.  .Endurance and Resistance Standards for Tires

“The Secretary of Transportation shall conduct a rulemaking to revise and update the tire standards published at 49 CFR 571.109 and 49 CFR 571.119. The Secretary shall complete the rulemaking under this section not later than June 1, 2002. “

SEC.  11.  Improved Tire Information.

(a) Tire Labeling — Within 30 days after the date of the enactment of this Act, the Secretary of Transportation shall initiate a rulemaking proceeding to improve the labeling of tires required by section 30123 of title 49, United States Code to assist consumers in identifying tires that may be the subject of a decision under section 30118(b) or a notice required under section 30118(c). The Secretary shall complete the rulemaking not later than June 1, 2002. 

(b) Inflation Levels and Load Limits — In the rulemaking initiated under subsection (a), the Secretary may take whatever additional action is appropriate to ensure that the public is aware of the importance of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle. Such additional action may include a requirement that the manufacturer of motor vehicles provide the purchasers of the motor vehicles information on appropriate tire inflation levels and load limits if the Secretary determines that requiring such manufacturers to provide such information is the most appropriate way such information can be provided.“

SUMMARY: Section 11 of the recently enacted Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act requires the Secretary of Transportation to initiate rulemaking to improve the labeling of tires to assist consumers in identifying tires that may be the subject of a safety recall. The TREAD Act also provides that the Secretary may take whatever additional action is appropriate to ensure that the public is aware of the importance of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle.    Pursuant to that Act, the agency is considering amendments to its regulations to improve the quality and usefulness of tire information and its availability and understandability to consumers. To aid in this effort, the agency is seeking responses from the public to questions relating to such matters as tire identification number content, readability and location, loading, plies and cord material, tread wear indicators, Uniform Tire Quality Grading Standards, speed ratings, run-flat and extended mobility tires, tire inflation pressure, and dissemination of tire safety information.”

Federal Register summary (NPRM) 66 FR at [page not available until December 19, 2001]

SUMMARY:  In response to the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000, this document proposes to establish a new Federal Motor Vehicle Safety Standard that contains provisions to improve the labeling of tires to assist consumers in identifying tires that may be the subject of a safety recall.  It also contains proposals for providing other consumer information to increase public awareness of the importance and methods of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle.  The proposals would apply to all new and retreaded tires for use on vehicles with a gross vehicle weight rating of 10,000 pounds or less and to all vehicles with a gross vehicle weight rating of 10,000 pounds or less, except for motorcycles and low speed vehicles.  NHTSA will also be proposing upgraded safety performance requirements for tires in a forthcoming proposal, which would also be included in this new standard.”

Rulemaking status: NHTSA received 22 comments on the ANPRM.  The agency considered these comments in preparing a notice of proposed rulemaking, which it issued on December 12, 2001.   Comments will be requested by February 19, 2002.

SECTION 12.  Rollover Tests.

Section 30117 of title 49, United States Code, is amended by adding at the end the following: 

(c) Rollover Tests —  

(1) Development — Not later than 2 years from the date of the enactment of this subsection, the Secretary shall —

(A) develop a dynamic test on rollovers by motor vehicles for the purposes of a consumer information program; and

(B) carry out a program of conducting such tests. 

(2) Test results — As the Secretary develops a test under paragraph (1)(A), the Secretary shall conduct a rulemaking to determine how best to disseminate test results to the public. 

(3) Motor vehicles covered — This subsection applies to motor vehicles, including passenger cars, multipurpose passenger vehicles, and trucks, with a gross vehicle weight rating of 10,000 pounds or less. A motor vehicle designed to provide temporary residential accommodations is not covered." 

SUMMARY: This notice announces NHTSA's plans to evaluate a number of driving maneuver tests for rollover resistance in accordance with the requirements of the TREAD Act. The agency will develop a dynamic test on rollovers of light motor vehicles for a consumer information

program, and seeks comments on the subject of dynamic rollover testing and our approach to developing meaningful consumer information.”

Status of Action:  The TREAD Act requires the agency to provide consumer information on dynamic rollover testing, not a rollover performance standard.  The agency has received 26 comments in response to its request and is considering these comments as it continues its testing program to develop a dynamic test on rollovers.

SEC.  13.  .Tire Pressure Warning.

Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall complete a rulemaking for a regulation to require a warning system in new motor vehicles to indicate to the operator when a tire is significantly under inflated. Such requirement shall become effective not later than 2 years after the date of the completion of such rulemaking.

SUMMARY: The Transportation Recall Enhancement, Accountability, and Documentation Act of 2000 mandates a rulemaking proceeding to require motor vehicles to be equipped with a tire pressure monitoring system that warns the driver a tire is significantly under-inflated. In response, this document proposes to establish a new Federal Motor Vehicle Safety Standard No. 138 that would require tire pressure monitoring systems to be installed in new passenger cars and in new light trucks and multipurpose passenger vehicles.

This document seeks comment on two alternative versions of the new standard. One alternative would require that the driver be warned when the tire pressure in one or more tires, up to a total of 4 tires, has fallen to 20 percent or more below the vehicle manufacturer's recommended cold inflation pressure for the vehicle's tires, or a minimum level of pressure to be specified in the new standard, whichever is higher. The other alternative would require that the driver be warned when tire pressure in one or more tires, up to a total of 3 tires, has fallen to 25 percent or more below the vehicle manufacturer's recommended cold inflation pressure for the vehicle's tires, or a minimum level of pressure to be specified in the new standard, whichever is higher.”

Rulemaking status:  The comment period closed September 6, 2001.  Several commenters have supplemented their initial comments, bringing the total number of comments as of October 25 to 169.  The agency has considered these comments, to the extent possible, in preparing a final rule, which is being coordinated within the Department.   The rule is considered significant under Executive Order No. 12866 and will be reviewed by the Office of Management and Budget.

SECTION 14.  Improving the Safety of Child Restraints.

(a) In General — Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation shall initiate a rulemaking for the purpose of improving the safety of child restraints, including minimizing head injuries from side impact collisions. 

(b) Elements for Consideration — In the rulemaking required by subsection (a), the Secretary shall consider —

(1) whether to require more comprehensive tests for child restraints than the current Federal motor vehicle safety standards requires, including the use of dynamic tests that —

(A) replicate an array of crash conditions, such as side-impact crashes and rear-impact crashes; and 

(B) reflect the designs of passenger motor vehicles as of the date of the enactment of this Act; 

(2) whether to require the use of anthropomorphic test devices that —

(A) represent a greater range of sizes of children including the need to require the use of an anthropomorphic test device that is representative of a ten-year-old child; and 

(B) are Hybrid III anthropomorphic test devices; 

(3) whether to require improved protection from head injuries in side-impact and rear-impact crashes; 

(4) how to provide consumer information on the physical compatibility of child restraints and vehicle seats on a model-by-model basis;

(5) whether to prescribe clearer and simpler labels and instructions required to be placed on child restraints; 

(6) whether to amend Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213) to cover restraints for children weighing up to 80 pounds; 

(7) whether to establish booster seat performance and structural integrity requirements to be dynamically tested in 3-point lap and shoulder belts; 

(8) whether to apply scaled injury criteria performance levels, including neck injury, developed for Federal Motor Vehicle Safety Standard No. 208 to child restraints and booster seats covered by in Federal Motor Vehicle Safety Standard No. 213; and 

(9) whether to include child restraint in each vehicle crash tested under the New Car Assessment Program. 

(c) Report to Congress — If the Secretary does not incorporate any element described in subsection (b) in the final rule, the Secretary shall explain, in a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Commerce submitted within 30 days after issuing the final rule, specifically why the Secretary did not incorporate any such element in the final rule. 

(d) Completion — Notwithstanding any other provision of law, the Secretary shall complete the rulemaking required by subsection (a) not later than 24 months after the date of the enactment of this Act. 

(e) Child Restraint Defined — In this section, the term "child restraint" has the meaning given the term "Child restraint system" in section 571.213 of title 49, Code of Federal Regulations (as in effect on the date of the enactment of this Act).

[In responding to subsections (a)-(e) of Section 14, NHTSA is addressing the issue of labels in subsection (b)(5) separately from the issue of upgraded performance of child restraints.   It is accordingly issuing separate notices of proposed rulemaking on these issues.]

Clearer labels

Federal Register summary (NPRM) 66 FR at 55623

SUMMARY:  NHTSA has been mandated by Congress to consider whether to prescribe clearer and simpler labels and instructions for child restraints.  This notice reviews research NHTSA has conducted on child restraint labels and proposes changes to those labels and to the written instructions that accompany child restraints.  NHTSA is proposing changes to the format, location, and content of some of the existing requirements.  NHTSA is also proposing a new labeling requirement for harness slots.

Rulemaking status:  A notice of proposed rulemaking was published on November 2, 2001.   Comments are requested by January 2, 2002.  The agency expects to issue a final rule on clearer labeling by November 1, 2002.

Improved Performance of Child Restraints

Funding

(f) Funding B For each fiscal year, of the funds made available to the Secretary for activities relating to safety, not less than$750,000 shall be made available to carry out crash testing of child restraints.

Child Restraint Safety Ratings Program

(g) Child Restraint Safety Ratings Program — No later than 12 months after the date of the enactment of this Act, the Secretary of Transportation shall issue a notice of proposed rulemaking to establish a child restraint safety rating consumer information program to provide practicable, readily understandable, and timely information to consumers for use in making informed decisions in the purchase of child restraints. No later than 24 months after the date of the enactment of this Act the Secretary shall issue a final rule establishing a child restraint safety rating program and providing other consumer information which the Secretary determines would be useful consumers who purchase child restraint systems.

In response, NHTSA is publishing two notices in the Federal Register:  a notice of proposed rulemaking, which accords with the instruction to issue a notice of proposed rulemaking, and a request for comments on the rating system, which contains the details of the new rating system.

Federal Register summary (NPRM) 66 FR at 56049

SUMMARY:  Section 14(g) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act requires that, by November 2001, a notice of proposed rulemaking be issued to establish a child restraint safety rating consumer information program to provide practicable, readily understandable, and timely information to consumers for use in making informed decisions in the purchase of child restrain systems (CRS).  In response to this mandate, NHTSA is proposing to establish such a program.  The program would not impose any binding legal obligations on any child restraint manufacturer regarding the generation or distribution of information.     

“The details of the new program are set forth in a companion request for comments being published today in the FEDERAL REGISTER.  In developing the program, NHTSA reviewed existing rating systems that other countries and organizations have developed, and conducted its own performance testing to explore a possible rating system for child restraints.  In the request for comments, the agency has tentatively concluded that the most effective consumer information system is one that gives the consumer a combination of information about child restraints’ ease of use and dynamic performance, with the dynamic performance obtained through higher-speed sled testing and/or in-vehicle NCAP testing.  The agency is also giving consideration to conducting both higher-speed sled tests and in-vehicle NCAP testing in conjunction with the ease of use rating.  That document provides a review of the information and reasoning used by the agency to reach that conclusion, describes the rating systems planned to meet the TREAD requirements, and seeks comment on this program.”

SUMMARY:  Section 14(g) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act requires that, by November 2001, a notice be issued to establish a child restraint safety rating consumer information program to provide practicable, readily understandable, and timely information to consumers for use in making informed decisions in the purchase of child restraint systems (CRS).

“In response to this mandate, NHTSA has reviewed existing rating systems that other countries and organizations have developed, and conducted its own performance testing to explore a possible rating system for child restraints.  The agency has tentatively concluded that the most effective consumer information system is one that gives the consumer a combination of information about child restraints’ ease of use and dynamic performance, with the dynamic performance obtained through higher-speed sled testing and/or in-vehicle NCAP testing.  The agency is also giving consideration to conducting both higher-speed sled tests and in-vehicle NCAP testing in conjunction with the Ease of use rating.   This document provides a review of the information and reasoning used by the agency to reach that conclusion, describes the rating systems planned to meet the TREAD requirements, and seeks comment on this plan.”

Status of actions:  The NPRM and the request for comments were published on November 6, 2001, with comments requested by January 4, 2002.

Booster Seat Study

Booster Seat Education Program

(i) Booster Seat Education Program. B The Secretary of Transportation within 1 year after the date of the enactment of this Act shall develop a 5 year strategic plan to reduce deaths and injuries caused by failure to use the appropriate booster seat in the 4 to 8-year-old age group by 25 percent.

SECTION 15.  Improving Criteria Used in a Recall

(a) Review of Standards and Criteria Used in Opening a Defect or Noncompliance Investigation — The Secretary shall, not later than 30 days after the date of the enactment of this Act, undertake a comprehensive review of all standards, criteria, procedures, and methods, including data management and analysis used by the National Highway Traffic Safety Administration in determining whether to open a defect or noncompliance investigation pursuant to subchapter II or IV of chapter 301 of title 49, United States Code, and shall undertake such steps as may be necessary to update and improve such standards, criteria, procedures, or methods, including data management and analysis. 

(b) Report to Congress — Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Secretary's findings and actions under subsection (a).

SECTION 16.  .Follow-Up Report.

“One year after the date of the enactment of this Act, the Secretary of Transportation shall report to the Congress on the implementation of the amendments made by this Act and any recommendations for additional amendments for consumer safety.”

Section 17.  Authorization of Appropriations.

“In addition to any sums authorized to be appropriated by section 30104 or 32102 of title 49, United States Code, there is authorized to be appropriated to the Secretary of Transportation for the National Highway Traffic Safety Administration for fiscal year 2001 $9,100,000 to carry out this Act and the amendments made by this Act. Such funds shall not be available for the general administrative expenses of the Secretary or the Administration.”

Status of action: Section 17 requires no action by NHTSA.   The Department amended its fiscal year 2001 budget request, in anticipation of the passage of the TREAD Act.  The Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001, Pub. L. 106-346, incorporated the amounts requested.  NHTSA is expending the funds to carry out the purposes of the TREAD Act.