X.   Rulemaking Analyses and Notices




A. Executive Order 12866 and DOT Regulatory Policies and Procedures

Executive Order 12866, "Regulatory Planning and Review" (58 FR 51735, October 4, 1993), provides for making determinations whether a regulatory action is "significant" and therefore subject to OMB review and to the requirements of the Executive Order. The Order 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;

(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.

This final rule is economically significant. Accordingly, it was reviewed under Executive Order 12866. The rule is also significant within the meaning of the Department of Transportation's Regulatory Policies and Procedures. The agency has estimated that, under the first compliance option, compliance with this rule will cost $771 million per year, and under the second compliance option, compliance with this rule will cost $533 million, since approximately 16 million vehicles are produced for the United States market each year. Thus, this rule will have greater than a $100 million effect.

Because this rule is significant, the agency has prepared a Final Economic Assessment (FEA). The Assessment is summarized above in section VIII., "Benefits," and section IX., "Costs." The FEA is available in the docket and has been placed on the agency's website along with the final rule itself.




B. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency is required to publish a notice of rulemaking for any proposed 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). The Small Business Administration's regulations at 13 CFR Part 121 define a small business, in part, as a business entity "which operates primarily within the United States." (13 CFR 121.105(a)). No regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA 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.

NHTSA has considered the effects of this final rule under the Regulatory Flexibility Act. I certify that this final rule will not have a significant economic impact on a substantial number of small entities. The rationale for this certification is that currently there are only four small motor vehicle manufacturers (i.e., only four with fewer than 1,000 employees) in the United States that will have to comply with this final rule. These manufacturers will have to rely on suppliers to provide the TPMS hardware, and then they will have to integrate the TPMS into their vehicles.

There are a few small manufacturers that manufacture recreational vehicles that will have to comply with this final rule. However, most of these manufacturers use van chassis supplied by the larger manufacturers, e.g., GM, Ford, or DaimlerChrysler, and could use the TPMSs supplied with the chassis. These manufacturers should not have to test the TPMS for compliance with this final rule since they should be able to rely upon the chassis manufacturer's incomplete vehicle documentation.

The agency has eliminated the most significant potential impact on small businesses by deciding not to require TPMSs to function when the vehicle's original rims are replaced with aftermarket wheels and rims that are not identical to the original wheels and rims.




C. National Environmental Policy Act

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




D. Executive Order 13132 (Federalism)

Executive Order 13132 requires NHTSA to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that 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." Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local officials early in the process of developing the regulation. NHTSA also may not issue a regulation with Federalism implications and that preempts State law unless the agency consults with State and local officials early in the process of developing the regulation.

The agency has analyzed this final rule in accordance with the principles and criteria set forth in Executive Order 13132 and has determined that it will not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism summary impact statement. The final rule will not have any substantial effects on the States, or on the current Federal-State relationship, or on the current distribution of power and responsibilities among the various local officials. While the agency is providing compliance options, it is not seeking to give each of those options pre-emptive effect.




E. Civil Justice Reform

This final rule will not have any retroactive effect. Under 49 U.S.C. 30103, whenever a Federal motor vehicle safety standard is in effect, a State may not adopt or maintain a safety standard applicable to the same aspect of performance which is not identical to the Federal standard, except to the extent that the state requirement imposes a higher level of performance and applies only to vehicles procured for the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial review of final rules establishing, amending, or revoking Federal motor vehicle safety standards. That section does not require submission of a petition for reconsideration or other administrative proceedings before parties may file suit in court.




F. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA), a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. The Department of Transportation is submitting the following information collection request to OMB for review and clearance under the PRA.

Agency: National Highway Traffic Safety Administration (NHTSA).

Title: Phase-In Production Reporting Requirements for Tire Pressure Monitoring Systems.

Type of Request: Routine.

OMB Clearance Number: 2127-New.

Form Number: This collection of information will not use any standard forms.

Affected Public: The respondents are manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses having a gross vehicle weight rating of 10,000 pounds or less. The agency estimates that there are about 21 such manufacturers.

Estimate of the Total Annual Reporting and Recordkeeping Burden Resulting from the Collection of Information: NHTSA estimates that the total annual hour burden is 42 hours.

Estimated Costs: NHTSA estimates that the total annual cost burden, in U.S. dollars, will be $0. No additional resources will be expended by vehicle manufacturers to gather annual production information because they already compile this data for their own uses.

Summary of Collection of Information: This collection will require manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 10,000 pounds or less, except those vehicles with dual wheels on an axle, to provide motor vehicle production data for the following three years: November 1, 2003 to October 31, 2004; November 1, 2004 to October 31, 2005; and November 1, 2005 to October 31, 2006.

Description of the Need for the Information and the Proposed Use of the Information: The purpose of the reporting requirements will be to aid NHTSA in determining whether a manufacturer has complied with the requirements of Federal Motor Vehicle Safety Standard No. 138, Tire pressure monitoring systems, during the phase-in of those requirements. NHTSA requests comments on the agency's estimates of the total annual hour and cost burdens resulting from this collection of information. These comments must be received on or before [date that is 60 days after the date of publication].




G. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) directs NHTSA to use voluntary consensus standards in its regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies, such as the Society of Automotive Engineers (SAE). The NTTAA directs NHTSA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards. The NTTAA does not apply to symbols.

There are no voluntary consensus standards available at this time. However, NHTSA will consider any such standards when they become available.




H. Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal 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 in any one year (adjusted for inflation with base year of 1995). Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires NHTSA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows NHTSA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the agency publishes with the final rule an explanation why that alternative was not adopted.

This final rule will not result in the expenditure by State, local, or tribal governments, in the aggregate, of more than $100 million annually, but it will result in the expenditure of that magnitude by vehicle manufacturers and/or their suppliers. In the NPRM, the agency requested comments on two alternatives for achieving the purposes of the TREAD Act mandate. In the final rule, the agency has chosen two compliance options that will provide the manufacturers with broad flexibility to minimize their costs of compliance with the Standard during the phase-in period.




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 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.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Reporting and recordkeeping requirements, Tires.

In consideration of the foregoing, NHTSA is amending 49 CFR part 571 as follows:

PART 571 - FEDERAL MOTOR VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571 continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50.

2. In section 571.101, paragraph S5.2.3 and Table 2 are revised to read as follows:

' 571.101 Standard No. 101; Controls and displays.

*   *   *   *   *

S5.2.3 Except for the Low Tire Pressure Telltale (that does not identify which tire has low pressure), any display located within the passenger compartment and listed in column 1 of Table 2 that has a symbol designated in column 4 of that table shall be identified by either the symbol designated in column 4 (or symbol substantially similar in form to that shown in column 4) or the word or abbreviation shown in column 3. The Low Tire Pressure Telltale (that does not identify which tire has low tire pressure) shall be identified by either the symbol designated in column 4, or the symbol and the words designated in column 4 and column 3, respectively. Additional words or symbols may be used at the manufacturer's discretion for the purpose of clarity. Any telltales used in conjunction with a gauge need not be identified. The identification required or permitted by this section shall be placed on or adjacent to the display that it identifies. The identification of any display shall, under the conditions of S6, be visible to the driver and appear to the driver perceptually upright.

*   *   *   *   *

Table 2

Identification and Illustration of Displays

Column 1	Column 2	Column 3	Column 4	Column 5
Display	Telltale Color	Identifying Words or Abbreviation	Identifying Symbol	Illumination
Turn Signal Telltale	Green	Also see FMVSS 108	1,5	____________
Hazard Warning Telltale		Also see FMVSS 108	2, 5	____________
Seat Belt Telltale	_________4	Fasten Belts or Fasten Seat Belts Also see FMVSS 208	or	____________
Fuel Level Telltale --------------------- Gauge	--------------------- ____________	Fuel	or	____________ --------------------- Yes
Oil Pressure Telltale --------------------- Gauge	--------------------- ____________	Oil		____________ --------------------- Yes
Coolant Temperature Telltale --------------------- Gauge	--------------------- ____________	Temp		____________ --------------------- Yes
Electrical Charge Telltale --------------------- Gauge	--------------------- ____________	Volts, Charge or Amp		____________ --------------------- Yes
Highbeam Telltale	Blue or Green 3	Also see FMVSS 108	5	____________

The pair of arrows is a single symbol. When the indicator for left and right turn operate independently, however, the two arrows will be considered separate symbols and may be spaced accordingly.

Not required when arrows of turn signal tell-tales that otherwise operate independently flash simultaneously as hazard warning tell-tale.

Red can be red-orange. Blue can be blue-green.

The color of the telltale required by S4.5.3.3 of Standard No. 208 is red; the color of the telltale required by S7.3 of Standard No. 208 is not specified.

Framed areas may be filled.





Table 2 (continued)

Column 1	Column 2	Column 3	Column 4	Column 5
Display	Telltale Color	Identifying Words or Abbreviation	Identifying Symbol	Illumination
Brake System 8	Red 3	Brake, Also see FMVSS 105 and 135	____________	____________
Malfunction in Anti-lock or --------------------- Variable Brake Proportioning System 8	Yellow --------------------- Yellow	Antilock, Anti-lock or ABS. Also see FMVSS 105 and 135 --------------------- Brake Proportioning, Also see FMVSS 135	____________ --------------------- ____________	____________ --------------------- ____________
Parking Brake Applied 8	Red 3	Park or Parking Brake, Also see FMVSS 105 and 135	____________	____________
Malfunction in Anti-lock	Yellow	ABS, or Antilock; Trailer ABS, or Trailer Antilock, Also see FMVSS 121	____________	____________
Brake Air Pressure Position Telltale	____________	Brake Air, Also see FMVSS 121	____________	____________
Speedometer	____________	MPH, or MPH and km/h 7	____________	Yes
Odometer	____________	____________ 6	____________	____________
Automatic Gear Position	____________	Also see FMVSS 102	____________	Yes
Low Tire Pressure Telltale (that does not identify which tire has low pressure)	Yellow	Low Tire. Also see FMVSS 138		____________
Low Tire Pressure Telltale (that identifies which tire has low pressure)	Yellow	Low Tire. Also see FMVSS 138		____________




If the odometer indicates kilometers, then "KILOMETERS" or "km" shall appear, otherwise, no identification is required.

If the speedometer is graduated in miles per hour and in kilometers per hour, the identifying words or abbreviations shall be "MPH and km/h" in any combination of upper or lower case letters.

In the case where a single telltale indicates more than one brake system condition, the word for Brake System shall be used.

3. Section 571.138 is added to read as follows:

' 571.138 Standard No. 138; Tire pressure monitoring systems.

S1. Purpose and scope. This standard specifies performance requirements for tire pressure monitoring systems to prevent significant under-inflation of tires and the resulting safety problems.

S2. Application. This standard applies to passenger cars, multipurpose passenger vehicles, trucks, and buses that have a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle, according to the phase-in schedule specified in S7 of this standard.

S3. Definitions. The following definitions apply to this standard:

Lightly loaded vehicle weight means unloaded vehicle weight plus the weight of a mass of 180 kg (396 pounds), including test driver and instrumentation.

Tire pressure monitoring system means a system that detects when one or more of a vehicle's tires are under-inflated and illuminates a low tire pressure warning telltale.

S4. Requirements.

S4.1 General. To the extent provided in S7.1 through S7.3, each vehicle must be equipped with a tire pressure monitoring system that meets the requirements specified in S4 under the test procedures specified in S6 of this standard. Prior to November 1, 2006, each tire pressure monitoring system must conform, at the manufacturer's option, to either S4.2.1 or S4.2.2 of this standard. The manufacturer must select the option by the time it certifies the vehicle and may not thereafter select a different option for the vehicle.

S4.2 Tire pressure monitoring systems: vehicles manufactured after October 31, 2003 and before November 1, 2006.

S4.2.1 Option 1: Four tires; 25 percent under-inflation. The tire pressure monitoring system must:

(a) Illuminate a low tire pressure warning telltale not more than 10 minutes after the inflation pressure in one or more of the vehicle's tires, up to a total of four tires, is equal to or less than either the pressure 25 percent below the vehicle manufacturer's recommended cold inflation pressure, or the pressure specified in the 3^rd column of Table 1 of this standard for the corresponding type of tire, whichever is higher;

(b) Continue to illuminate the low tire pressure warning telltale as long as the pressure in any of the vehicle's tires is equal to or less than the pressure specified in (a), and the key locking system is in the "On" ("Run") position, whether or not the engine is running, or until manually reset in accordance with the vehicle manufacturer's instructions.

S4.2.2 Option 2: One tire; 30 percent under-inflation. The tire pressure monitoring system must:

(a) Illuminate a low tire pressure warning telltale not more than 10 minutes after the inflation pressure in one of the vehicle's tires is equal to or less than either the pressure 30 percent below the vehicle manufacturer's recommended cold inflation pressure, or the pressure specified in the 3^rd column of Table 1 of this standard for the corresponding type of tire, whichever is higher;

(b) Continue to illuminate the low tire pressure warning telltale as long as the pressure in that tire is equal to or less than the pressure specified in (a), and the key locking system is in the "On" ("Run") position, whether or not the engine is running, or until manually reset in accordance with the vehicle manufacturer's instructions.

S4.3 Low tire pressure warning telltale.

S4.3.1 Each tire pressure monitoring system must include a low tire pressure warning telltale that:

(a) Is mounted inside the occupant compartment in front of and in clear view of the driver;

(b) Is identified by one of the symbols shown for the "Low Tire Pressure Telltale" in Table 2 of Standard No. 101 (' 571.101); and

(c) Is illuminated under the conditions specified in S4.2.1 or S4.2.2.

S4.3.2 In the case of a telltale that identifies which tire(s) is (are) under-inflated, each tire in the symbol for that telltale must illuminate when the tire it represents is under-inflated to the extent specified in either S4.2.1 or S4.2.2.

S4.3.3

(a) Except as provided in paragraph (b) of this section, each low tire pressure warning telltale must be activated as a check of lamp function either when the key locking system is turned to the "On" ("Run") position when the engine is not running, or when the key locking system is in a position between "On" ("Run") and "Start" that is designated by the manufacturer as a check position.

(b) The low tire pressure warning telltale need not be activated when a starter interlock is in operation.

S4.4 Replacement tires. Each tire pressure monitoring system must continue to meet the requirements of this standard when the vehicle's original tires are replaced with tires of any optional or replacement size(s) recommended for the vehicle by the vehicle manufacturer.

S4.5 Written instructions.

S4.5.1 Vehicles certified to Option 1: Four tires; 25 percent under-inflation. The owner's manual in each vehicle certified as complying with S4.2.1 must provide an image of the Low Tire Pressure Telltale symbol with the following statement, in English: "When the tire pressure monitoring system warning light is lit, one or more of your tires is significantly under-inflated. You should stop and check your tires as soon as possible, and inflate them to the proper pressure as indicated on the vehicle's tire information placard. Driving on a significantly under-inflated tire causes the tire to overheat and can lead to tire failure. Under-inflation also reduces fuel efficiency and tire tread life, and may affect the vehicle's handling and stopping ability. Each tire, including the spare, should be checked monthly when cold and set to the recommended inflation pressure as specified in the vehicle placard and owner's manual." Each vehicle manufacturer may, at its discretion, provide additional information about the significance of the low tire pressure warning telltale illuminating, description of corrective action to be undertaken, whether the tire pressure monitoring system functions with the vehicle's spare tire, and how to use the reset button, if one is provided.

S4.5.2 Vehicles manufactured after October 31, 2003 and before November 1, 2006, and certified to Option 2: One tire; 30 percent under-inflation. The owner's manual in each vehicle certified as complying with S4.2.2 must comply with S4.5.1 and provide the following statement, in English:

"Note: The tire pressure monitoring system on your vehicle will warn you when one of your tires is significantly under-inflated and when some combinations of your tires are significantly under-inflated. However, there are other combinations of significantly under-inflated tires for which your tire pressure monitoring system may not warn you. These other combinations are relatively common, accounting for approximately half the instances in which vehicles have significantly under-inflated tires. For example, your system may not warn you when both tires on the same side or on the same axle of your vehicle are significantly under-inflated. It is particularly important, therefore, for you to check the tire pressure in all of your tires regularly and maintain proper pressure."

S5. Test conditions.

S5.1 Ambient temperature. The ambient temperature is between 0C (32F) and 40C (104F).

S5.2 Road test surface. Road tests are conducted on a dry, smooth roadway.

S5.3 Vehicle conditions.

S5.3.1 Test weight. The vehicle is tested at its lightly loaded vehicle weight and at its gross vehicle weight rating without exceeding any of its gross axle weight ratings.

S5.3.2 Vehicle speed. The vehicle is tested at a speed between 50 km/h (31.1 mph) and 100 km/h (62.2 mph).

S6. Test Procedures.

(a) Inflate the vehicle's tires to the vehicle manufacturer's recommended cold inflation pressure for the applicable vehicle load conditions specified in paragraph S5.3.1 of this standard. If the vehicle manufacturer has not recommended an inflation pressure for the lightly loaded condition, the inflation pressure specified by the vehicle manufacturer for the gross vehicle weight rating is used.

(b) With the vehicle stationary and the key locking system in the "Lock" or "Off" position, turn the key locking system to the "On" or "Run" position. The tire pressure monitoring system must perform a check of telltale lamp function as specified in paragraph S4.3.3 of this standard.

(c) If applicable, reset the tire pressure monitoring system in accordance with the instructions specified in the vehicle owner's manual.

(d) Drive the vehicle at any speed specified in paragraph S5.3.2 of this standard for 20 minutes.

(e)

(1) For vehicles complying with S4.2.1, stop the vehicle and deflate any combination of one to four tires until the deflated tire(s) is (are) at 7 kPa (1 psi) below the inflation pressure at which the low tire pressure monitoring system is required to activate the low tire pressure warning telltale for that vehicle.

(2) For vehicles complying with S4.2.2, stop the vehicle and deflate any one tire until the deflated tire is at 7 kPa (1 psi) below the inflation pressure at which the low tire pressure monitoring system is required to activate the low tire pressure warning telltale for that vehicle.

(f) Drive the vehicle at any speed specified in paragraph S5.3.2 of this standard. Record the time from when the vehicle speed reaches 50 km/h until the time the low tire pressure warning telltale illuminates. The telltale must illuminate within 10 minutes as required in paragraph S4.2.1(a) or S4.2.2(a) of this standard.

(g) Stop the vehicle and turn the key locking system to the "Off" or "Lock" position. After a 5 minute period, turn the vehicle's key locking system to the "On" or "Run" position. The telltale must remain illuminated.

(h) Keep the vehicle stationary for a period of one hour.

(i) Inflate all of the vehicle's tires to the vehicle manufacturer's recommended cold inflation pressure. If the vehicle's tire pressure monitoring system has a manual reset feature, reset the system in accordance with the instructions specified in the vehicle owner's manual.

(j) Drive the vehicle at any speed specified in paragraph S5.3.2 of this standard. The telltale must extinguish as specified in paragraph S4.2.1(b) or S4.2.2(b).

(k)

(1) For vehicles complying with S4.2.1, if additional combinations of tires are tested, repeat the test procedures in paragraphs S6(a) through (j).

(2) For vehicles complying with S4.2.2, if the other individual tires are tested, repeat the test procedures in paragraphs S6(a) through (j).

(l) Utilizing the existing vehicle rims, repeat the test procedures in paragraphs S6(a) through (k) for each tire size recommended for the vehicle by the vehicle manufacturer. Note: If a different rim size is required, OEM rim and tire assemblies appropriate for the tire pressure monitoring system are used for testing.

S7. Phase-In Schedule.

S7.1 Vehicles manufactured on or after November 1, 2003, and before November 1, 2004. For vehicles manufactured on or after November 1, 2003, and before November 1, 2004, the number of vehicles complying with this standard must not be less than 10 percent of:

(a) The manufacturer's average annual production of vehicles manufactured on or after November 1, 2000, and before November 1, 2003; or

(b) The manufacturer's production on or after November 1, 2003, and before November 1, 2004.

S7.2 Vehicles manufactured on or after November 1, 2004, and before November 1, 2005. For vehicles manufactured on or after November 1, 2004, and before November 1, 2005, the number of vehicles complying with this standard must not be less than 35 percent of:

(a) The manufacturer's average annual production of vehicles manufactured on or after November 1, 2001, and before November 1, 2004; or

(b) The manufacturer's production on or after November 1, 2004, and before November 1, 2005.

S7.3 Vehicles manufactured on or after November 1, 2005, and before November 1, 2006. For vehicles manufactured on or after November 1, 2005, and before November 1, 2006, the number of vehicles complying with this standard must not be less than 65 percent of:

(a) The manufacturer's average annual production of vehicles manufactured on or after November 1, 2002, and before November 1, 2005; or

(b) The manufacturer's production on or after November 1, 2005, and before November 1, 2006.

S7.4 Calculation of complying vehicles.

(a) For purposes of complying with S7.1, a manufacturer may count a vehicle if it:

(1) Is manufactured on or after November 1, 2003, but before November 1, 2004;

(2) Complies with S4.2.1 or S4.2.2 of this standard.

(b) For purposes of complying with S7.2, a manufacturer may count a vehicle if it:

(1)

(i) Is manufactured on or after November 1, 2003, but before November 1, 2005;

(ii) Is not counted toward compliance with S7.1; and

(iii) Complies with S4.2.1 of this standard, or

(2)

(i) Is manufactured on or after November 1, 2004, but before November 1, 2005; and

(ii) Complies with S4.2.2 of this standard.

(c) For purposes of complying with S7.3, a manufacturer may count a vehicle if it:

(i) Is manufactured on or after November 1, 2003, but before November 1, 2006;

(ii) Is not counted toward compliance with S7.1 or S7.2; and

(iii) Complies with S4.2.1 of this standard, or

(2)

(i) Is manufactured on or after November 1, 2005, but before November 1, 2006; and

(ii) Complies with S4.2.2 of this standard.

S7.5 Vehicles produced by more than one manufacturer.

S7.5.1 For the purpose of calculating average annual production of vehicles for each manufacturer and the number of vehicles manufactured by each manufacturer under S7.1 through S7.3, a vehicle produced by more than one manufacturer must be attributed to a single manufacturer as follows, subject to 7.5.2:

(a) A vehicle that is imported must be attributed to the importer.

(b) A vehicle manufactured in the United States by more than one manufacturer, one of which also markets the vehicle, must be attributed to the manufacturer that markets the vehicle.

S7.5.2 A vehicle produced by more than one manufacturer must be attributed to any one of the vehicle's manufacturers specified by an express written contract, reported to the National Highway Traffic Safety Administration under 49 CFR Part 590, between the manufacturer so specified and the manufacturer to which the vehicle would otherwise be attributed under S7.5.1.

S7.6 Small volume manufacturers. Vehicles manufactured during any of the three years of the November 1, 2003 to October 31, 2006 phase-in by a manufacturer that produces fewer than 5,000 vehicles worldwide during that year are not required to comply with the standard.

Tables to ' 571.138

Table 1 - Low Tire Pressure Warning Telltale - Minimum Activation Pressure

4. Part 590 is revised to read as follows:

PART 590 -- TIRE PRESSURE MONITORING SYSTEM PHASE-IN REPORTING REQUIREMENTS

Sec.

589.1 Scope.

589.2 Purpose.

589.3 Applicability.

589.4 Definitions.

589.5 Response to inquiries.

589.6 Reporting requirements.

589.7 Records.

589.8 Petition to extend period to file report.

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50.

§ 590.1 Scope.

This part establishes requirements for manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle, to submit a report, and maintain records related to the report, concerning the number of such vehicles that meet the requirements of Standard No. 138, Tire pressure monitoring systems (49 CFR 571.138).

§ 590.2 Purpose.

The purpose of these reporting requirements is to assist the National Highway Traffic Safety Administration in determining whether a manufacturer has complied with Standard No. 138 (49 CFR 571.138).

§ 590.3 Applicability.

This part applies to manufacturers of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle.

§ 590.4 Definitions.

(a) All terms defined in 49 U.S.C. 30102 are used in their statutory meaning.

(b) Bus, gross vehicle weight rating, multipurpose passenger vehicle, passenger car, and trucks are used as defined in 49 CFR 571.3.

(c) Production year means the 12-month period between November 1 of one year and October 31 of the following year, inclusive.

§ 590.5 Response to inquiries.

At any time during the production years ending October 31, 2004, October 31, 2005, and October 31, 2006, each manufacturer must, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model, and vehicle identification number) that have been certified as complying with Standard No. 138. The manufacturer's designation of a vehicle as a certified vehicle is irrevocable.

§ 590.6 Reporting requirements.

(a) General reporting requirements. Within 60 days after the end of the production years ending October 31, 2004, October 31, 2005, and October 31, 2006, each manufacturer must submit a report to the National Highway Traffic Safety Administration concerning its compliance with Standard No. 138 (49 CFR 571.138) for its passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of less than 4,536 kilograms (10,000 pounds) produced in that year. Each report must --

(1) Identify the manufacturer;

(2) State the full name, title, and address of the official responsible for preparing the report;

(3) Identify the production year being reported on;

(4) Contain a statement regarding whether or not the manufacturer complied with the requirements of Standard No. 138 (49 CFR 571.138) for the period covered by the report and the basis for that statement;

(5) Provide the information specified in paragraph (b) of this section;

(6) Be written in the English language; and

(7) Be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.

(b) Report content.

(1) Basis for statement of compliance. Each manufacturer must provide the number of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle, manufactured for sale in the United States for each of the three previous production years, or, at the manufacturer's option, for the current production year. A new manufacturer that has not previously manufactured these vehicles for sale in the United States must report the number of such vehicles manufactured during the current production year.

(2) Production. Each manufacturer must report for the production year for which the report is filed: the number of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less that meet Standard No. 138 (49 CFR 571.138).

(3) Vehicles produced by more than one manufacturer. Each manufacturer whose reporting of information is affected by one or more of the express written contracts permitted by S7.5(c)(3) of Standard No. 138 (49 CFR 571.138) must:

(i) Report the existence of each contract, including the names of all parties to the contract, and explain how the contract affects the report being submitted.

(ii) Report the actual number of vehicles covered by each contract.

§ 590.7 Records.

Each manufacturer must maintain records of the Vehicle Identification Number for each vehicle for which information is reported under §§ 590.6(b)(2) until December 31, 2008.

§ 590.8 Petition to extend period to file report.

A manufacturer may petition for extension of time to submit a report under this Part. A petition will be granted only if the petitioner shows good cause for the extension and if the extension is consistent with the public interest. The petition must be received not later than 15 days before expiration of the time stated in §§ 590.6(a). The filing of a petition does not automatically extend the time for filing a report. The petition must be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.

Issued:
	______________________ Jeffrey W. Runge, M.D. Administrator
Billing Code: 4910-59-P [Signature page for RIN 2127-AI33] [Final Rule for Tire Pressure Monitoring Systems]