Tire Identification and Recordkeeping, 42999-43006 [2014-17413]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[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 https://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 https://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 https://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 https://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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[[Page 43006]]


[GRAPHIC] [TIFF OMITTED] TP24JY14.003

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]
BILLING CODE 4910-59-P