Tire Identification and Recordkeeping |
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James R. Tamm
National Highway Traffic Safety Administration
July 24, 2014
[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Proposed Rules]
[Pages 42999-43006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17413]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 574
[Docket No. NHTSA-2014-0084]
RIN 2127-AL54
Tire Identification and Recordkeeping
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The tire identification number (TIN), which must appear on
virtually all new and retreaded motor vehicle tires sold in the United
States, plays an important role in identifying which tires are subject
to recall and remedy campaigns for safety defects and noncompliances.
This document proposes two amendments to the TIN. First, because NHTSA
is running out of two-symbol codes to identify new tire plants, NHTSA
is proposing to expand the first portion of the TIN, known as the
manufacturer identifier, from two symbols to three for manufacturers of
new tires. This amendment would substantially increase the number of
unique combinations of characters that can be used to identify
individual manufacturers of new tires. Second, NHTSA is proposing to
standardize the length of the tire identification number to eliminate
confusion that could arise from the variable length of tire
identification numbers. This NPRM would standardize the length of the
TIN at 13 symbols for new tires and 7 symbols for retreaded tires,
making it easier to identify a TIN from which a symbol is missing.
DATES: Submit comments on or before August 25, 2014.
ADDRESSES: You may submit comments electronically to the docket
identified in the heading of this document by visiting the following
Web site:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Alternatively, you can file comments using the following methods:
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Regardless of how you submit your comments, you should mention the
docket number identified in the heading of this document.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Chris Wiacek, Office of Crash Avoidance Standards, by telephone at
(202) 366-4801. For legal issues, you may contact David Jasinski,
Office of the Chief Counsel, by telephone at (202) 366-2992, and by fax
at (202) 366-3820. You may send mail to both of these officials at the
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
In January 1971, the agency established a requirement in 49 CFR
part 574 for a tire identification number (TIN) that must be labeled on
one sidewall of each tire that is newly manufactured or retreaded.\1\
The purpose of the TIN is to facilitate notification of purchasers of
defective or noncompliant tires. Furthermore, the information contained
in the TIN may be used by consumers to obtain information about the
tire such as the actual manufacturer of the tire (in the case of a tire
sold under a different brand) and the date of manufacture. Part 574
also provides for the registration of tires, including the collection
of the TIN and the contact information of purchasers of tires, to
enable manufacturers to notify tire owners of recalls.
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\1\ 36 FR 1196 (Jan. 26, 1971).
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From its adoption in 1971, the TIN has consisted of up to four
groups of symbols. The first group of symbols identifies the
manufacturer of the tire. Each tire plant has its own identifier; thus,
one tire manufacturer may have multiple codes. Although part 574 has
referred to this grouping as the manufacturer's identification mark, it
may also be known informally as a ``plant code.'' For new tires, this
code consists of two symbols and for retreaded tires, the code consists
of three symbols. This plant code is assigned to new manufacturers and
retreaders who contact NHTSA and provide contact information and
information about what types of tires they are producing.
The second and third groupings provide information about the tire
itself. The second grouping is up to two characters and identifies the
tire size. Although the original TIN requirement had a list of tire
sizes and two-symbol codes, the agency has since left it to
manufacturers to determine their own codes and provide decoding
information to NHTSA upon request.
The third grouping may be used at the manufacturer's option to
provide any other significant characteristics of the tire. Except for
cases in which a tire is manufactured for a brand name owner, the third
grouping is not required. As with the second grouping, a manufacturer
must maintain information regarding the code used and provide it to
NHTSA upon request.
The fourth and final grouping is the date code, which identifies
the week and year during which the tire was manufactured. Although this
code was originally three symbols, it has been expanded to four
symbols. The first two symbols have always represented the week of
manufacture. For example, ``01'' signifies that the tire was
manufactured during the first full week of the year, ``02'' signifies
that the tire was manufactured during the second full week of the year,
and so on. The third and fourth symbols (originally only one symbol)
must be the last two digits of the year of manufacture.
The TIN is required to be marked on at least one sidewall of each
tire that is manufactured or retreaded. Manufacturers must use one of
30
[[Page 43000]]
alphanumeric symbols in the TIN. Certain letters such as G, I, O, Q, S,
and Z are not allowed to be used because of the potential difficulty
differentiating one symbol from another (for example, the number 5 and
the letter S).
Generally, the TIN must be molded into or onto one sidewall of the
tire. However, Federal Motor Vehicle Safety Standard (FMVSS) No. 139,
which applies to radial tires for vehicles under 10,000 pounds GVWR,
has an additional requirement that the other sidewall be labeled with
either a full or partial TIN. A partial TIN excludes the date code and
may also exclude any optional code, such as the third grouping of the
TIN.
II. Creating New Tire Plant Codes for Manufacturers of New Tires
As stated above, NHTSA, through its Office of Vehicle Safety
Compliance, issues new tire and retreaded tire plant codes to
manufacturers who apply for them. For new tire manufacturers, who have
a two-symbol code, the entire supply of 900 plant codes has been
depleted.
In order to assign new plant codes, the agency has found it
necessary to reissue previously issued, but currently unused plant
codes. This shortage has arisen because of the increase in tire
manufacturers. This increase is projected to continue. At the current
rate of issuance of new plant codes, the agency projects that it will
run out of reissuable plant codes in a few months. Once the supply of
previously issued, but currently unused, plant codes is depleted, the
agency would be forced to refuse to assign new plant codes or to assign
identical plant codes to multiple manufacturers.
To enable the agency to issue new plant, the agency is proposing to
change the two-symbol plant code to a three-symbol plant code. We
believe that this is the best long-term solution to the lack of supply
of new manufacturer plant codes.
Tire retreaders currently use a three-symbol plant code. The agency
has assigned approximately 5,800 of the 27,000 possible three-symbol
retreader plant codes. The agency issues new retreader codes at the
rate of about 30 per year. After issuing new tire manufacturers three-
symbol plant codes and reassigned three-symbol plant codes in place of
the 900 two-symbol codes that have previously been issued to new
manufacturers, there will still be 20,000 codes remaining for issuance.
At the current rate of new plant code issuance, the agency will not run
out of three-symbol manufacturer codes for decades, if not longer.
For new manufacturers and plants, the agency plans to begin issuing
three-symbol plant codes immediately upon publication of a final rule
implementing this proposal. For existing manufacturers with two-symbol
plant codes, the agency is planning to issue new three-symbol plant
codes in place of each two-symbol plant code. For nearly all
manufacturers, the agency's will assign a ``1'' symbol in front of each
existing two-symbol plant code.\2\ For example, a manufacturer using
two-symbol code ``AB'' will be assigned the three-symbol code ``1AB''.
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\2\ NHTSA would directly contact any manufacturer whose three-
symbol plant code is something other than a ``1'' in front of its
existing two-symbol code.
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III. Standardizing TIN Length
The length of a TIN is not currently standardized. The second and
third groupings of the TIN are required to contain not more than two
and four symbols, respectively. Thus, the total length of these two
groupings may be between zero and six symbols, depending on whether the
tire is new or retreaded and on decisions by the manufacturer regarding
the inclusion of optional codes. For example, about 90% of the new tire
market uses a two-symbol size code. However, a one-symbol size code is
allowed. Very few tire retreaders use a size code at all because a size
code is not required for retreaded tires. The third grouping is
optional for all but non-pneumatic tire manufacturers, non-pneumatic
tire assembly manufacturers, and tires manufactured for a brand name
owner. Nevertheless, approximately 90% of the new tire market uses
either three or four symbols in the third grouping. Based on all of the
variations in TIN length allowed, a full TIN for new tires may be
anywhere between 8 and 13 symbols.
The nonstandard length of the TIN becomes more complicated by the
TIN marking requirements in FMVSS No. 139. As mentioned above, FMVSS
No. 139 requires a full TIN to be marked on one side of the tire and
either a full TIN or a partial TIN on the other side of the tire. A
partial TIN excludes the four-symbol date code and any optional code.
Thus, a partial TIN may be as short as three symbols (if a one-symbol
size code is used with no third grouping) and as long as eight symbols
(if a two-symbol size code is used and a four-symbol third grouping is
used).
Because both a full TIN and partial TIN may be eight symbols in
length, it may not always be clear whether an eight-symbol TIN obtained
from one side of a tire meeting the requirements of FMVSS No. 139 is a
full TIN or a partial TIN. To a trained observer of TINs, this would be
a rare occurrence. The last four symbols in a full TIN representing the
week and year of manufacture are always numeric. Nevertheless, we do
not expect that everyone who records TINs for purposes such as crash
reports or consumer complaints is likely to know the requirements for
the various groupings of the TIN. By standardizing the length of the
TIN, there will be no confusion that a nine-symbol TIN is a partial TIN
and a 13-symbol TIN is a full TIN.
This NPRM would make the new standardized length TIN mandatory for
manufacturers using a three-symbol plant code. Manufacturers who have
previously been assigned a two-symbol plant code may continue to use
the existing TIN grouping requirements (including the use of the
optional codes) until they begin using a three-symbol plant code. This
will allow manufacturers to begin using both the three-symbol plant
code and the 13-symbol TIN at the same time.
As part of the effort to implement the standardized TIN length, we
are proposing a reorganization of section 574.5 to make it easier to
read. The proposal breaks up the section into multiple, shorter
paragraphs with descriptive headings so that information regarding the
TIN is easier to locate. This proposal also includes a plain language
rewriting of the portions of the regulatory text that are not being
substantively revised.
We have reviewed the various regulations regarding labeling the TIN
on a tire and believe that no further amendments are necessary to
conform with the proposed changes to Part 574. However, we seek comment
on whether it is necessary to make any technical amendment to any of
the tire labeling regulations in light of the proposed changes.
IV. Lead Time
It is the agency's intent that, if adopted, the amendments proposed
in this NPRM would be effective immediately for new manufacturers and
existing manufacturers opening new plants. Because the agency's supply
of two-symbol plant codes is nearly exhausted, it will be necessary to
assign three-symbol plant codes immediately upon issuance of a final
rule implementing this proposal. Because new manufacturers could not
have completed construction of molds or inserts for tires that will be
manufactured in new plants before being issued a plant code by NHTSA,
we expect that the adoption of this
[[Page 43001]]
NPRM would not impose any costs, burdens, or hardship on these
manufacturers.
For existing manufacturers currently using two-symbol plant codes,
we recognize that immediately requiring the use of a three-symbol plant
code and standardized TIN length would impose additional costs with
little benefit. This NPRM proposes to make the use of the three-symbol
plant code and standardized TIN length optional for existing
manufacturers with two-symbol plant codes beginning immediately upon
issuance of a final rule implementing this proposal. NHTSA is proposing
that mandatory compliance with the use of the three-symbol plant code
and 13-symbol TIN would be required beginning not sooner than five
years after publication of a final rule implementing this proposal.
This will give manufacturers sufficient lead time before they are
required to use a three-symbol plant code and 13-symbol TIN.
The agency believes that the average life of a tire mold is
approximately five years. Thus, a minimum of five years of lead time
would allow manufacturers to adopt the three-symbol plant code and the
standardized TIN length during the normal mold replacement cycle. We
expect that a very small number of low-volume tire molds have longer
life cycles and may not be replaced within five years. However, we
believe those manufacturers may be able to comply with the proposed
requirements by inserting the symbol ``1'' into existing molds in order
to lengthen the plant code to three-symbols and insert any additional
symbols necessary to make the TIN 13-symbols in length. We expect that
this change could be made easily at little or no cost.
Because we believe existing molds can be modified with limited
effort, we are not proposing any additional lead time for low
production volume tire lines. Nevertheless, we request comment on
whether the agency should provide additional lead time for low volume
tire lines. Relief for low volume manufacturers could consist of longer
lead time or a process to petition the agency for continued use of an
existing plant code. We will also consider additional suggestions for
how relief could be granted if necessary. We also request comment on
the appropriate production threshold for determining whether a tire
line could potentially be subject to any relief from the five-year lead
time.
V. Public Participation
How long do I have to submit comments?
We are providing a 30-day comment period. The comment period is
shorter than the customary 60-day comment period used by the agency
because this proposal is merely a technical change to the TIN. We do
not believe a longer comment period is necessary for the public to
consider this proposal and respond to it. Moreover, the supply of
manufacturer identifiers is nearly exhausted. A shorter comment period
will allow us to issue a final rule more quickly to ensure that the
supply of manufacturer identifiers is not fully exhausted.
How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit your comments electronically to the docket following
the steps outlined under ADDRESSES. You may also submit two copies of
your comments, including the attachments, by mail to Docket Management
at the beginning of this document, under ADDRESSES.
How can I be sure that my comments were received?
If you wish to be notified upon receipt of your mailed comments,
enclose a self-addressed, stamped postcard in the envelope containing
your comments. Upon receiving your comments, Docket Management will
return the postcard by mail.
How do I submit confidential business information?
If you wish to submit any information under a claim of
confidentiality, you should submit the following to the NHTSA Office of
Chief Counsel (NCC-110), 1200 New Jersey Avenue SE., Washington, DC
20590: (1) A complete copy of the submission; (2) a redacted copy of
the submission with the confidential information removed; and (3)
either a second complete copy or those portions of the submission
containing the material for which confidential treatment is claimed and
any additional information that you deem important to the Chief
Counsel's consideration of your confidentiality claim. A request for
confidential treatment that complies with 49 CFR Part 512 must
accompany the complete submission provided to the Chief Counsel. For
further information, submitters who plan to request confidential
treatment for any portion of their submissions are advised to review 49
CFR Part 512, particularly those sections relating to document
submission requirements. Failure to adhere to the requirements of Part
512 may result in the release of confidential information to the public
docket. In addition, you should submit two copies from which you have
deleted the claimed confidential business information, to Docket
Management at the address given at the beginning of this document under
ADDRESSES.
Will the agency consider late comments?
We will consider all comments received before the close of business
on the comment closing date indicated at the beginning of this notice
under DATES. In accordance with our policies, to the extent possible,
we will also consider comments received after the specified comment
closing date. If we receive a comment too late for us to consider in
developing the proposed rule, we will consider that comment as an
informal suggestion for future rulemaking action.
How can I read the comments submitted by other people?
You may read the comments received on the Internet. To read the
comments on the Internet, go to http://www.regulations.gov and follow
the on-line instructions provided.
You may download the comments. The comments are imaged documents,
in either TIFF or PDF format. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we recommend that you periodically search the
Docket for new material.
You may also see the comments at the address and times given near
the beginning of this document under ADDRESSES.
VI. Rulemaking Analyses and Notices
A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive
[[Page 43002]]
Order 12866, Executive Order 13563, and the Department of
Transportation's regulatory policies and procedures. This rulemaking is
not considered significant and was not reviewed by the Office of
Management and Budget under E.O. 12866, ``Regulatory Planning and
Review.'' The rulemaking action has also been determined not to be
significant under the Department's regulatory policies and procedures.
The agency has further determined that the impact of this proposal is
so minimal as to not warrant the preparation of a full regulatory
evaluation.
This proposal, if adopted, would impose at most negligible costs
upon tire manufacturers. New tire manufacturers would be issued three-
symbol plant codes immediately and would be required to use the
standardized 13-symbol TIN. For these new manufacturers or existing
manufacturers opening new plants, this changes proposed in this NPRM
would not impose any costs. For existing plants, new tire manufacturers
would be required to modify molds or manufacture new inserts to
accommodate a three-symbol plant code and a 13-symbol TIN. However,
this NPRM proposes a minimum of five years of lead time during which
new tire manufacturers may continue to use their current two-symbol
manufacturer codes and follow the current rules regarding the length of
a TIN. Based on information obtained by NHTSA, the average life of a
tire mold is five years. Thus, the changes to the TIN proposed in this
NPRM could be made during the normal mold replacement cycle at a
negligible cost.
We recognize that some low production volume tire sizes or models
use molds for longer than five years. If adopted as proposed, this NPRM
could impose costs on these manufacturers. However, the agency's intent
is to add the symbol ``1'' in front of the existing plant code for
nearly all manufacturers. We believe that this would mitigate any costs
that may be imposed by this rule because the ``1'' symbol can be added
to existing plant code inserts without having to modify the mold.
Furthermore, 90% of tire manufacturers already use five or six symbols
for the manufacturer's code. We expect that the manufacturers who use
five symbols for the existing optional codes would be able to add an
additional symbol, such as a ``1'' into the existing molds without
substantial expense. Thus, we do not believe the elimination of the
optional codes and the standardization of the length of the TIN would
be difficult to accommodate within existing low production volume
molds.
The safety benefits of this NPRM cannot be quantified. These
proposed amendments would benefit the public in two ways. First,
without expanding the plant code to three characters, the agency would
need either to stop issuing new manufacturer codes or to issue
identical codes to multiple manufacturers. Either of these approaches
could lead to confusion in the identification of the manufacturer of a
tire, particularly those tires that are manufactured for another brand
name owner. Second, the standardization of the TIN length would
eliminate the potential for confusion regarding whether a TIN is a full
TIN or a partial TIN, which may assist consumers with identifying
whether their tires may be subject to recall and may prevent crash
investigators from recording partial TINs rather than full TINs on
their reports.
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 would 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 would not have a
significant economic impact on a substantial number of small entities.
NHTSA has considered the effects of this NPRM under the Regulatory
Flexibility Act. I certify that this NPRM would not have a significant
economic impact on a substantial number of small entities. This
proposed rule would directly impact manufacturers and retreaders of
tires for use on all motor vehicles. Although we believe many
manufacturers affected by this proposal are considered small
businesses, we do not believe this NPRM would have a significant
economic impact on those manufacturers. As discussed above, NHTSA does
not expect that this NPRM would impose substantial costs or burdens
upon manufacturers. We expect that any changes that need to be made by
manufacturers as a result of this NPRM would be done during the normal
mold replacement cycle at no additional cost to manufacturers.
C. Executive Order 13132 (Federalism)
NHTSA has examined today's NPRM pursuant to Executive Order 13132
(64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would 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 would not have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' The
agency expects that general principles of preemption law would operate
so as to displace any conflicting State law or regulations.
D. Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.
[[Page 43003]]
E. 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. There is not
any information collection requirement associated with this NPRM.
F. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
Examples of organizations generally regarded as voluntary consensus
standards bodies include ASTM International, the Society of Automotive
Engineers (SAE), and the American National Standards Institute (ANSI).
If NHTSA does not use available and potentially applicable voluntary
consensus standards, we are required by the Act to provide Congress,
through OMB, an explanation of the reasons for not using such
standards.
There are no voluntary consensus standards developed by voluntary
consensus standards bodies pertaining to this NPRM.
G. 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 annually (adjusted for inflation with base year of
1995). Before promulgating a NHTSA rule for which a written statement
is needed, section 205 of the UMRA generally requires the agency 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 the agency 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
of why that alternative was not adopted.
This NPRM would not result in any expenditure by State, local, or
tribal governments or the private sector of more than $100 million,
adjusted for inflation.
H. 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 action would not have any significant impact on
the quality of the human environment.
I. Plain Language
Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
If you have any responses to these questions, please include them
in your comments on this proposal.
J. 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.
K. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
List of Subjects in 49 CFR Part 574
Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
Part 574 as follows:
PART 574--TIRE IDENTIFICATION AND RECORDKEEPING
0
1. The authority citation for part 574 of Title 49 is revised to read
as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95
0
2. Revise Sec. Sec. 574.5 and 574.6 to read as follows:
Sec. 574.5 Tire identification requirements.
(a) Tire identification number (TIN) labeling requirement.
(1) New tires. Each new tire manufacturer must conspicuously label
on one sidewall of each tire it manufactures, except non-pneumatic
tires or non-pneumatic tire assemblies, by permanently molding into or
onto the sidewall, in the manner and location specified in Figure 1, a
TIN consisting of 13 symbols and containing the information set forth
in paragraphs (b)(1) through (b)(3) of this section. Note: The Federal
Motor Vehicle Safety Standards may have more specific TIN marking
requirements for some tires. See 49 CFR part 571.
(2) Retreaded tires. Each tire retreader must conspicuously label
at least one sidewall of each tire it retreads by permanently molding
or branding into or onto the sidewall, in the manner and location
specified by Figure 2, a TIN consisting of seven symbols and containing
the information set forth in paragraphs (b)(1) and (b)(3) of this
section.
(3) Non-pneumatic tires and non-pneumatic tire assemblies. Each
manufacturer of a non-pneumatic tire assembly must permanently mold,
stamp, or otherwise permanently mark into or onto one side of the non-
pneumatic tire or non-pneumatic tire assembly a TIN consisting of 13
symbols and containing the information set forth in paragraphs (b)(1)
through (b)(3) of this section.
[[Page 43004]]
(4) Tires for mileage-contract purchasers. Manufacturers or
retreaders of tires exclusively for mileage-contract purchasers may,
instead of meeting any other requirements of this section, permanently
mold into or onto the tire sidewall in lettering at least 13 mm (0.25
inch) high the phrase ``for mileage contract use only''.
(5) Phase-out of two-symbol plant code. NHTSA will assign to tire
manufacturers who were previously assigned a plant code consisting of
two symbols prior to [publication of a final rule implementing this
proposal] a new three-symbol plant code to replace each two-symbol
plant code. A manufacturer may continue to use a previously assigned
two-symbol plant code in place of the three-symbol plant code until
[date that is at least five years after publication of a final rule
implementing this proposal]. Manufacturers who use a two-symbol plant
code must comply with paragraph (g) of this section in lieu of the
requirements in paragraph (b) of this section. Retreaders may also
optionally comply with paragraph (g) of this section in lieu of
paragraph (b) of this section until [date that is at least five years
after publication of a final rule implementing this proposal].
(b) TIN content requirements.
(1) Plant code. The plant code, consisting of three symbols, must
be the first group of the TIN. The plant code represents the identity
of the new tire manufacturer or retreader. The plant code is assigned
to the manufacturer or retreader by NHTSA upon request. See Sec.
574.6.
(2) Manufacturer's code. The manufacturer's code, consisting of six
symbols, is the second group of the TIN for all new tires, but it
cannot be used for retreaded tires. The manufacturer's code must be
located between the plant code and the date code as shown in Figure 1.
For new tires, the manufacturer's code may be used as a descriptive
code for the purpose of identifying significant characteristics of the
tire or to identify the brand name owner. For a new non-pneumatic tire
or a non-pneumatic tire assembly, the manufacturer's code must identify
the non-pneumatic tire identification code. Each manufacturer must
maintain a detailed record of each manufacturer's code it uses with the
corresponding tire size, tire characteristic, brand name owner, and
non-pneumatic tire identification code as applicable and their
respective meanings, which it must provide to NHTSA upon request.
(3) Date code. The date code, consisting of four numerical symbols,
is the final group. The date code must identify the week and year of
manufacture. The first and second symbols of the date code must
identify the week of the year by using ``01'' for the first full
calendar week in each year, ``02'' for the second full calendar week,
and so on. The calendar week runs from Sunday through the following
Saturday. The final week of each year may include no more than six days
of the following year. The third and fourth symbols of the date code
must identify the last two digits of the year of manufacture. For
example, 0109 means the tire was manufactured in the first full
calendar week of 2009, or the week beginning on Sunday, January 4,
2009, and ending on Saturday, January 10, 2009. The date code must be
positioned as shown in Figures 1 or 2 for new tires and retreaded
tires, respectively.
(c) Retreaded tire mark. The symbol ``R'' must be used to identify
retreaded tires, and must be marked at the time of TIN marking in a
location specified in Figure 2. The ``R'' is not part of the TIN.
(d) Method of marking.
(1) At the option of the manufacturer or retreader, the information
contained in paragraph (b)(3) of this section may, instead of being
permanently molded, be laser etched into or onto the sidewall in the
location specified in Figures 1 or 2, respectively, during the
manufacturing process of the tire and not later than 24 hours after the
tire is removed from the mold.
(2) The labeling for a non-pneumatic tire or a non-pneumatic tire
assembly must be in the manner specified in Figure 1 and positioned on
the non-pneumatic tire or non-pneumatic tire assembly such that it is
not placed on the tread or the outermost edge of the tire and is not
obstructed by any portion of the non-pneumatic rim or wheel center
member designated for use with that non-pneumatic tire in S4.4 of
Standard No. 129 (49 CFR 571.129).
(e) The DOT symbol.
(1) The DOT symbol constitutes a certification that the marked tire
conforms to an applicable Federal Motor Vehicle Safety Standard.
(2) If required, a manufacturer or retreader must place the DOT
symbol as shown and positioned relative to the TIN in Figure 1 for new
tires and as shown in Figure 2 for retreaded tires.
(3) The DOT symbol must not appear on tires to which no Federal
Motor Vehicle Safety Standard is applicable, except that retreaders of
tires for use on motor vehicles other than passenger cars may, prior to
retreading, remove the DOT symbol from the sidewall or allow it to
remain on the sidewall, at the retreader's option.
(f) Authorized symbols. The only symbols that manufacturers and
retreaders are allowed to use in the tire identification number are: A,
B, C, D, E, F, H, J, K, L, M, N, P, R, T, U, V, W, X, Y, 1, 2, 3, 4, 5,
6, 7, 8, 9, and 0.
(g) Phase-out of old TIN content requirement. The following
requirements are applicable to tire manufacturers who were previously
assigned two-symbol plant codes by NHTSA and to retreaders. A new tire
manufacturer who continues to use a previously assigned two-symbol
plant code in place of a new three-symbol plant code and a retreader
may optionally comply with this paragraph instead of paragraph (b) of
this section until [date that is at least five years after publication
of a final rule implementing this proposal].
(1) First grouping. The plant code, consisting of two symbols, must
be the first group of the TIN. The plant code represents the identity
of the new tire manufacturer and was previously assigned to the
manufacturer by NHTSA.
(2) Second grouping. For new tires, the second group, consisting of
no more than two symbols, must be used to identify the tire size. For a
non-pneumatic tire or non-pneumatic tire assembly, the second group,
consisting of no more than two symbols, must be used to identify the
non-pneumatic tire identification code. For retreaded tires, the second
group, consisting of no more than two symbols, must identify the
retread matrix in which the tire was processed or a tire size code if a
matrix was not used to process the retreaded tire. Each new tire
manufacturer and retreader must maintain a record of each symbol used,
with the corresponding matrix or tire size, which it must provide to
NHTSA upon request.
(3) Third grouping. The third group, consisting of no more than
four symbols, may be used at the option of the manufacturer or
retreader as a descriptive code for the purpose of identifying
significant characteristics of the tire. However, if the tire is
manufactured for a brand name owner, one of the functions of the third
grouping must be to identify the brand name owner. Each manufacturer or
retreader who uses the third grouping must maintain a detailed record
of any descriptive brand name owner code used, which it must provide to
NHTSA upon request.
(4) Fourth grouping. The date code, consisting of four numerical
symbols, is the final group. The date code must identify the week and
year of manufacture. The first and second symbols of the date code must
identify the week of the year by using ``01'' for the first full
calendar week in each year,
[[Page 43005]]
``02'' for the second full calendar week, and so on. The calendar week
runs from Sunday through the following Saturday. The final week of each
year may include no more than six days of the following year. The third
and fourth symbols of the date code must identify the last two digits
of the year of manufacture. For example, 0109 means the tire was
manufactured in the first full calendar week of 2009, or the week
beginning on Sunday, January 4, 2009, and ending on Saturday, January
10, 2009. The date code must be positioned as shown in Figures 1 or 2
for new tires and retreaded tires, respectively.
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Sec. 574.6 How to obtain a plant code.
To obtain a plant code required by Sec. 574.5(b)(1), each
manufacturer of new or retreaded pneumatic tires, non-pneumatic tires,
or non-pneumatic tire assemblies must apply in writing to the Office of
Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 1200 New Jersey Ave. SW., Washington, DC 20590,
identify itself as a tire manufacturer or retreader, and furnish the
following information:
(a) The name, or other designation identifying the applicant, and
its main office address;
(b) The name, or other identifying designation, of each individual
plant operated by the manufacturer and the address of each plant, if
applicable;
(c) The name, or other identifying designation, of the corporate
owner, if applicable, of each plant;
(d) The email addresses, phone numbers, and fax numbers for each
person or corporation listed, including the main office; and
(e) The type of tires manufactured at each plant, e.g., pneumatic
tires for passenger cars, buses, trucks, or motorcycles; pneumatic
retreaded tires; or non-pneumatic tires or non-pneumatic tire
assemblies.
Note to Sec. 574.6: Additional requirements for new tire
manufacturers may be applicable. See 49 CFR Parts 551 and 566.
Issued on July 18, 2014 in Washington, DC, under authority
delegated in 49 CFR 1.95, 501.5, and 501.8.
James R. Tamm,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2014-17413 Filed 7-23-14; 8:45 am]
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