Federal Motor Vehicle Safety Standards; Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars |
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Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
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Christopher A. Hart
Federal Register
May 17, 1994
[Federal Register: May 17, 1994]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
[Docket No. 93-58; Notice 02]
RIN 2127-AE74
Federal Motor Vehicle Safety Standards; Tire Selection and Rims
for Motor Vehicles Other Than Passenger Cars
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This rule amends Federal Motor Vehicle Safety Standard (FMVSS)
120, Tire Selection and Rims for Motor Vehicles Other than Passenger
Cars, to permit the date of manufacture of wheel rims to be shown by
means of appropriate symbols rather than numerically as presently
required by FMVSS 120. This will give manufacturers increased
flexibility in achieving compliance.
DATES: The amendment made in this final rule is effective June 16,
1994.
Any petitions for reconsideration must be received by NHTSA not
later than June 16, 1994.
ADDRESSES: Any petitions for reconsideration should refer to the docket
and notice numbers of this notice and be submitted to: Docket Section,
National Highway Traffic Safety Administration, 400 Seventh Street,
SW., room 5109, Washington, DC 20590. Docket room hours are 9:30 a.m.
to 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Mr. Larry Cook, Office of Vehicle
Safety Standards, National Highway Traffic Safety Administration, 400
Seventh Street, SW., room 5307, Washington, DC 20590. Telephone: (202)
366-4803.
SUPPLEMENTARY INFORMATION:
Background
Section S5.2, Rim Marking, FMVSS 120, requires that each rim and
single piece wheel disc shall be marked with the information specified
in that section. Paragraph S5.2(e) requires that the day, month, and
year of manufacture or the month of manufacture shall be expressed on
the rim in numerals.
Proposal
By notice of proposed rulemaking (NPRM) dated September 3, 1993 (58
FR 46938), NHTSA proposed to amend paragraph S5.2(e) to permit the use
of symbols to express the date of manufacture of wheel rims. The
proposal was issued in response to a petition submitted by Alloy Wheels
International, Ltd. (AWI). In its petition, AWI suggested that NHTSA
permit the use of a symbol resembling a clock face to express the date
of manufacture of wheel rims. The symbol, approximately 19 millimeters
(\3/4\ inch) in diameter, is divided into 12 sections corresponding to
the hour segments of a clock. Each segment represents a month of the
year, commencing with the segment between 12 and 1 o'clock representing
January, the segment between 1 and 2 o'clock representing February, and
so on concluding with the segment between 11 o'clock and 12 o'clock
representing December. The month of manufacture is shown by a dot in
the middle of the appropriate clock segment. The year is indicated by
two numbers in the center of the symbol, such as ``94'' for ``1994,''
and the day, if any, appears under the heading ``DAY.''
After reviewing the petition, the agency proposed the amendment
suggested in the petition. The agency was concerned, however, that if
adoption of the proposal resulted in a proliferation of symbols used by
manufacturers, it might be difficult for the agency and consumers to
decipher the meaning of some of them. Accordingly, the agency further
proposed in the NPRM that prior to any manufacturer's use of a symbol
to show the date of manufacture of a wheel rim, that manufacturer must
notify NHTSA in writing of the symbol it intends to use. Such
notification would be required to be submitted to NHTSA not less than
60 days before the symbol is first used. The notification would
describe the symbol to be used, how it expressed the date of
manufacture, specify where the symbol would appear on the rim, and
include an actual-size depiction of the symbol. This one-time
notification would also include the name and address of each
manufacturer utilizing the symbol in question and the name and address
of the trademark owner of the symbol, if any. Although such
notifications would be placed in NHTSA's public docket, manufacturers
utilizing the symbols would be required to provide the date code
information to any person upon request.
Public Comment
Chrysler Corporation (Chrysler) submitted the only comment in
response to the NPRM. Chrysler supported the proposed amendment because
it would allow manufacturers of wheel rims greater flexibility in
meeting the requirements of the standard. Chrysler believed, however,
that manufacturers should not be required to notify NHTSA in advance of
their use of symbols, stating that doing so would be a burden to such
manufacturers.
Agency Decision
After considering the single comment on the NPRM, NHTSA has decided
to adopt the amendments proposed in the NPRM as proposed. With respect
to the notification requirement, the agency appreciates that it may
cause a slight administrative burden on manufacturers. NHTSA believes,
however, that the notification requirement is the simplest and most
effective way to ensure that the agency and members of the public are
able to understand and distinguish between the potential plethora of
symbols that may be used. Similarly, NHTSA must be able to readily
ascertain the date of manufacture of rims to identify production runs
in the event of defects or noncompliances. Thus, any burden on
manufacturers in preparing a one-time letter, in no prescribed format,
notifying NHTSA of the symbols they intend to use on their rims should
be negligible. By contrast, this information should be of considerable
value to NHTSA and the public.
Section 103(c) of the National Traffic and Motor Vehicle Safety Act
(Safety Act), 15 U.S.C. at 1392(c), requires that each order shall take
effect no sooner than 180 days from the date the order is issued unless
``good cause'' is shown that an earlier effective date is in the public
interest. Since the amendments effected by this final rule merely
provide wheel rim manufacturers an option, and thus greater
flexibility, in meeting the requirements of FMVSS No. 120, NHTSA
believes that the public interest would be served by not delaying the
introduction of this alternative method of wheel rim labeling.
Accordingly, the agency has determined that there is good cause to
establish an effective date 30 days after publication of this final
rule.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule was not reviewed under E.O. 12866. NHTSA has
considered the impact of this rulemaking action under DOT's regulatory
policies and procedures and has determined it to be not
``significant.'' As discussed above, this rulemaking action simply
provides wheel rim manufacturers with the option of displaying the date
of manufacture of their rims by means of a symbol rather than
numerically, should they wish to do so. The additional costs to
manufacturers will be minuscule, if any, since they are already
required to display the manufacturing dates of their wheel rims in any
case. Accordingly, a full regulatory evaluation is not required.
Regulatory Flexibility Act
NHTSA has considered the effects of this regulatory action under
the Regulatory Flexibility Act. I hereby certify that the amendments
promulgated by this final rule will not have a significant economic
impact on a substantial number of small entities. Accordingly, the
agency has not prepared a regulatory flexibility analysis.
The agency believes that few, if any, wheel rim manufacturers
qualify as small businesses. Further, since no additional costs or
price changes should be associated with this action, small businesses,
small organizations and small government entities will not be affected
in their respective capacities as purchasers of new vehicles and/or new
wheels and rims.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for purposes of the
National Environmental Policy Act and has determined that
implementation of this action will have no significant impact on the
quality of the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this rulemaking action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
Civil Justice Reform
This rule does not have any retroactive effect. Under section
103(d) of the Safety Act, 15 U.S.C. 1392(d), 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. Section 105 of the Safety Act,
15 U.S.C. 1394, 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.
Paperwork Reduction Act
The provisions in this final rule requiring manufacturers to notify
NHTSA in writing of the symbols they propose to use to mark the date of
manufacture of the rims they produce are considered to be information
collection requirements as defined by the Office of Management and
Budget (OMB) in 5 CFR part 1320. The information collection
requirements for 49 CFR 571.120 have been submitted to and approved by
OMB pursuant to the provisions of the Paperwork Reduction Act (44
U.S.C. 3501, et seq.). This collection of information has been assigned
OMB control number 2127-0503, Consolidated Labeling Requirements for
Motor Vehicle Tires and Rims, and has been approved for use through
December 31, 1995.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, and Tires.
In consideration of the foregoing, 49 CFR part 571 is amended as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for Part 571 will continue to read as
follows:
Authority: 15 U.S.C. 1392; 1401; 1403; 1407; delegation of
authority at 49 CFR 1.50.
2. Section 571.120 is amended by revising S5.2(e) to read as
follows:
Sec. 571.120 Standard No. 120, Tire selection and rims for motor
vehicles other than passenger cars.
* * * * *
S5.2 * * *
(e) The month, day and year or the month and year of manufacture,
expressed either numerically or by use of a symbol, at the option of
the manufacturer. For example:
``September 4, 1976'' may be expressed numerically as:
90476, 904, or 76
76 904
``September 1976'' may be expressed as:
976, 9, or 76
76 9
(1) Any manufacturer that elects to express the date of manufacture
by means of a symbol shall notify NHTSA in writing, in duplicate, of
the full names and addresses of all manufacturers and brand name owners
utilizing that symbol and the trademark owner of that symbol, if any.
The notification shall describe in narrative form and in detail how the
month, day, and year or the month and year are depicted by the symbol.
Such description shall include an actual size graphic depiction of the
symbol, showing and/or explaining the interrelationship of the
component parts of the symbol as they will appear on the rim or single
piece wheel disc, including dimensional specifications, and where the
symbol will be located on the rim or single piece wheel disc. The
notification shall be received by NHTSA at least 60 calendar days prior
to first use of the symbol. The notification shall be mailed to the
Office of Vehicle Safety Standards, Crash Avoidance Division, National
Highway Traffic Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590. All information provided to this agency under
this paragraph will be placed in the public docket.
(2) Each manufacturer of wheels shall provide an explanation of its
date of manufacture symbol to any person upon request.
* * * * *
Issued on: May 11, 1994.
Christopher A. Hart,
Deputy Administrator.
[FR Doc. 94-11917 Filed 5-16-94; 8:45 am]
BILLING CODE 4910-59-P