Tire Identification and Recordkeeping, 19553-19564 [2015-08418]
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Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
eCCF. Rather, it presents another means
of compliance for all entities, as is
currently permitted under the HHS
mandatory guidelines. It does not create
additional burdens, but may alleviate
some paperwork burdens if entities opt
to use the eCCF. Thus, in accordance
with 5 U.S.C. 605(b), I certify that this
rule will not have a significant
economic impact on a substantial
number of small entities.
Paperwork Reduction Act
The PRA requires that the DOT
consider the impact of paperwork and
other information collection burdens
imposed on the public. Because the
DOT is obligated by statute to use
whatever procedures and forms that
SAMHSA adopts with respect to chain
of custody and control for drug testing
specimens, SAMHSA has accounted for
the DOT burden in its recently approved
information collection request. For more
information regarding these burdens,
you may review SAMHSA’s ICR
201307–0930–003 and supplemental
information at www.reginfo.gov.
Privacy Act
The DOT conducted a PIA of this rule
as required by section 522(a)(5) of
division H of the FY 2005 Omnibus
Appropriations Act, Public Law 108–
447, 118 Stat. 3268 (Dec. 8, 2004) and
section 208 of the E-Government Act of
2002, Public Law 107–347, 116 Stat.
2889 (Dec. 17, 2002). The assessment
considers any impacts of the final rule
on the privacy of information in an
identifiable form. In addition to the PIA
issued by HHS in conjunction with its
ICR for the approved CCF, the DOT
issued a supplemental PIA, further
explaining how the eCCF may be used
by DOT-regulated entities and the
measures that have been put into place
to ensure not only the integrity and
security of the testing process, but the
privacy of individuals subject to testing.
Copies of the DOT’s supplemental PIA,
as well as SAMHSA’s PIA, have been
placed in the docket for this rulemaking.
V. How To Obtain Additional
Information
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A. Rulemaking Documents
An electronic copy of a rulemaking
document may be obtained by using the
Internet—1. Search the Federal
Document Management System (FDMS)
Portal (https://www.regulations.gov); or
2. Access the Government Publishing
Office’s Web page: www.gpo.gov.
List of Subjects in 49 CFR Part 40
Administrative practice and
procedure, Drug testing, Laboratories,
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Reporting and recordkeeping
requirements, Safety, Transportation.
The Amendment
In consideration of the foregoing, the
Department of Transportation amends
part 40 of Title 49, Code of Federal
Regulations, as follows:
PART 40—PROCEDURES FOR
TRANSPORTATION WORKPLACE
DRUG AND ALCOHOL TESTING
PROGRAMS
1. The authority citation for part 40
continues to read as follows:
■
Authority: 49 U.S.C. 101, 102, 301, 322,
5331, 20140, 31306, and 45101 et seq.
2. In § 40.3 revise the definition of
‘‘chain of custody’’ to read as follows:
■
§ 40.3 What do the terms of this part
mean?
*
*
*
*
*
Chain of custody. The procedure used
to document the handling of the urine
specimen from the time the employee
gives the specimen to the collector until
the specimen is destroyed. This
procedure uses the Federal Drug Testing
Custody and Control Form (CCF) as
approved by the Office of Management
and Budget.
*
*
*
*
*
■ 3. Amend § 40.45 by revising
paragraph (a) and adding paragraphs
(c)(5) and (f) to read as follows:
§ 40.45 What form is used to document a
DOT urine collection?
(a) The Federal Drug Testing Custody
and Control Form (CCF) must be used
to document every urine collection
required by the DOT drug testing
program. You may view this form on the
Department’s Web site (https://
www.dot.gov/odapc) or the HHS Web
site (https://
www.workplace.samhsa.gov).
*
*
*
*
*
(c) * * *
(5) When using an electronic CCF,
you must establish adequate
confidentiality and security measures to
ensure that confidential employee
records are not available to
unauthorized persons. This includes
protecting the physical security of
records, access controls, and computer
security measures to safeguard
confidential data in electronic form.
*
*
*
*
*
(f) An employer who uses an
electronic CCF must ensure that the
collection site, the primary and split
laboratories, and MRO have compatible
systems, and that the employee and any
other program participants in the testing
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19553
process will receive a legible copy of the
CCF.
■ 4. Amend § 40.73 by revising
paragraph (a) introductory text,
redesignating paragraph (b) as paragraph
(c), and adding a new paragraph (b) to
read as follows:
§ 40.73 How is the collection process
completed?
(a) As the collector, when using the
paper CCF, you must do the following
things to complete the collection
process. You must complete the steps
called for in paragraphs (a)(1) through
(7) of this section in the employee’s
presence.
*
*
*
*
*
(b) As a collector, when using other
forms of the CCF as approved by the
Office of Management and Budget, you
must follow the procedures approved
for that form.
(c) As a collector or collection site,
you must ensure that each specimen
you collect is shipped to a laboratory as
quickly as possible, but in any case,
within 24 hours or during the next
business day.
*
*
*
*
*
Issued under the authority provided in
Pub. L. 102–143, in Washington, DC, on
April 6, 2015.
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2015–08256 Filed 4–10–15; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 574 and 579
[Docket No. NHTSA–2014–0084]
RIN 2127–AL54
Tire Identification and Recordkeeping
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation
ACTION: Final rule.
AGENCY:
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 final rule makes
two amendments to the TIN. First,
because NHTSA has run out of twosymbol codes to identify new tire
plants, NHTSA is expanding the first
portion of the TIN, previously known as
SUMMARY:
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the manufacturer identifier, but more
commonly referred to as a ‘‘plant code,’’
from two symbols to three for
manufacturers of new tires. This
amendment substantially increases the
number of unique combinations of
characters that can be used to identify
individual manufacturers of new tires.
Second, NHTSA is standardizing the
length of the tire identification number
to eliminate confusion that could arise
from the variable length of tire
identification numbers. This final rule
standardizes 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.
This final rule is effective on
April 13, 2015.
Petitions for reconsideration: Petitions
for reconsideration of this final rule
must be received by May 28, 2015.
DATES:
Petitions for reconsideration
of this final rule must refer to the docket
number set forth above and be
submitted to the Administrator,
National Highway Traffic Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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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
1 36
FR 1196 (Jan. 26, 1971).
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manufacturers to notify tire owners of
recalls.
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 individual 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 when they 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. This change
allowed manufacturers to create new
tire sizes without NHTSA first having to
modify its regulations to provide a tire
size code.
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
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
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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. July 2014 Notice of Proposed
Rulemaking
On July 24, 2014, NHTSA published
in the Federal Register a notice of
proposed rulemaking (NPRM) proposing
two amendments to the TIN. First,
because NHTSA was running out of
two-symbol codes to identify new tire
plants, NHTSA proposed to expand the
plant code, from two symbols to three
for manufacturers of new tires. Second,
NHTSA proposed to standardize the
length of the TIN 13 symbols for new
tires and 7 symbols for retreaded tires.
We received 13 comments in response
to the July 2014 NPRM. Oyatullohi
Maddud, Tire Rack, the National
Transportation Safety Board (NTSB),
Specialty Tires of America (Specialty),
Gillespie Automotive Safety Services
(GASS), Kojin Kitao, the Japan
Automobile Tyre Manufacturers
Association (JATMA), Safety Research
and Strategies (SRS), the Rubber
Manufacturers Association (RMA),
Zhongce Rubber Group Co. (Zhongce),
the Government of Thailand (Thailand),
the Tire and Rubber Association of
Canada, and the Ministry of Trade,
Industry, and Energy of the Republic of
Korea (Korea). The comments are
addressed in the following sections.
RMA also requested an extension of
the comment period in order to gather
additional information regarding the
cost of converting existing molds to
three-symbol plant codes and 13-symbol
TINs. We agree with RMA’s general
assertion that additional time would be
necessary in order for them to obtain
this information. However, the agency is
faced with the exhaustion of twosymbol plant codes and must begin
issuing three-symbol plant codes
immediately in order to allow new
plants to open. In order to issue threesymbol plant codes immediately, RMA’s
petition to extend the comment period
is denied. However, we believe that our
approach in this final rule, in response
to RMA’s and others’ comments,
mitigates the need for extra time to
respond to the NPRM.
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III. Three-Symbol Plant Code
NHTSA, through its Office of Vehicle
Safety Compliance, issues new tire and
retreaded tire plant codes to
manufacturers when they 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 over time
in the number of tire manufacturers.
This increase is projected to continue.
However, a recent increase in the
number of new plant code applications
has completely depleted the supply of
previously issued, but currently unused,
plant codes. Without taking further
action, the agency would be forced to
refuse to assign new plant codes, which
would make it impossible for new
manufacturers to enter the tire market,
or to assign identical plant codes to
multiple manufacturers, which has the
potential for substantial confusion and
could impair tire recalls.
To enable the agency to issue new
plant codes, the agency proposed 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.
Oyatullohi Maddud, Tire Rack, GASS,
RMA, Zhongce and Thailand agreed that
NHTSA should begin issuing threesymbol plant codes to new tire
manufacturers immediately upon
running out of two-symbol codes.
NHTSA has run out of two-symbol
plant codes. Therefore, it is necessary to
issue this final rule to allow the
issuance of three-symbol plant codes to
new tire manufacturers. We are
adopting the three-symbol plant code as
proposed. For existing manufacturers
with two-symbol plant codes, the
agency will issue new three-symbol
plant codes in place of each two-symbol
plant code. For nearly all
manufacturers, the agency 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 likely be assigned the threesymbol code ‘‘1AB’’.
IV. Standardizing TIN Length
The length of a TIN is not currently
standardized. The second and third
groupings of the TIN are required to
contain no more than two and four
2 NHTSA will 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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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 also on decisions by the
manufacturer regarding the inclusion of
optional codes. 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.
Based on all of the variations in TIN
length allowed, a full TIN for new tires
may be anywhere between 6 and 12
symbols (which would go up to 13 after
NHTSA adopts a three-symbol plant
code).
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 foursymbol date code and any optional
code. Thus, a partial TIN may be 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 could potentially 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. 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.
The July 2014 NPRM proposed to
standardize the length of a TIN for all
tire manufacturers using the threesymbol plant code at 7 symbols for
retreaded tires and 13 symbols for new
tires. We believed that this would
prevent any confusion regarding
whether a TIN is a complete TIN or a
partial TIN. The proposal allowed
manufacturers that have previously
been assigned a two-symbol plant code
to continue to use the existing TIN
grouping requirements until they begin
using a three-symbol plant code. We
expected that manufacturers to begin
using both the three-symbol plant code
and the 13-symbol TIN at the same time.
We received comments from JATMA,
RMA, Thailand, and the Tire and
Rubber Association of Canada regarding
the length of the TIN. Tire Rack
supported adopting a standardizedlength TIN. The other commenters cited
the development of a global technical
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19555
regulation (GTR) on light vehicle tires.
The length of the TIN in the adopted
GTR is specified as 15 symbols,
including an 8-symbol manufacturer
code. The commenters were concerned
that the 8-symbol manufacturer code in
the GTR is different than the 6-symbol
code specified in the NPRM. Zhongce
questioned the need for the
standardized six-symbol manufacturer’s
code. Zhongce stated that they currently
use five symbols for the optional code
and questioned the need to add an
additional character in existing molds.
After the comment period closed,
GTR No. 15 related to passenger car tires
was adopted. A TIN is included in GTR
No. 15. The TIN format in the GTR is
nearly identical to the July 2014 NPRM,
with one notable exception. Both the
GTR and the NPRM include a threesymbol plant code and a four-symbol
date code. However, the GTR has an
eight-symbol manufacturer code,
whereas the NPRM included a sixsymbol manufacturer code. Thus, the
total TIN length in the GTR is 15
symbols, instead of the 13 symbols in
the NPRM.
We are not making any changes to the
proposal related to these comments.
Although the GTR was not mentioned in
the NPRM, we were aware of the
discrepancy between the then-draft GTR
and the NPRM at the time of the NPRM,
but chose to propose a shorter
manufacturer code to minimize the cost
transitioning to the new TIN format.
Although an 8-symbol manufacturer
code is included in the adopted GTR,
we believe that a 6-symbol manufacturer
code will reduce the costs of
standardizing the length of the TIN. No
tires currently sold have a TIN longer
than 12 symbols. If we were to adopt a
15 symbol TIN, manufacturers would
need to allocate space on the tire for at
least three extra symbols (and possibly
more). Based on the comments received
from tire manufacturers regarding the
expense of adding of at least one symbol
to the TIN, we believe that the costs of
adding at least three symbols to the TIN
would be much higher. Therefore, we
are not modifying the TIN length to
expand the manufacturer code to eight
symbols.3
Moreover, we cannot agree with
Zhongce’s suggestion to allow the use of
shorter manufacturer codes, thereby
making the length of the TIN
nonstandard. Making all TINs using a
three-symbol plant code 13 symbols
3 RMA notes the inconsistency between the GTR
and the NPRM and suggests that NHTSA propose
to amend the GTR to be consistent with our final
rule. This suggestion is beyond the scope of this
rulemaking; however, we plan to request that the
GTR be amended to harmonize with this final rule.
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long is necessary to ensure the
identification of the manufacturer with
the TIN. Existing TINs are up to 12
symbols long, but use two-symbol plant
codes. If we allow manufacturers with
three-symbol plant codes to use TINs
that are 12 symbols or shorter, we will
have no way of knowing whether the
TIN uses a two-symbol or three-symbol
plant code. Without knowing that, the
manufacturer of the tire cannot be
ascertained from the TIN. Thus, it is
necessary for NHTSA to specify a 13symbol TIN to accompany the threesymbol plant code.
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V. Lead Time
In the July 2014 NPRM, we
recognized that, for existing
manufacturers currently using twosymbol plant codes, immediately
requiring the use of a three-symbol plant
code and standardized TIN length
would impose additional costs with
little benefit. The NPRM therefore
proposed to make the use of the threesymbol plant code and standardized
TIN length optional for existing
manufacturers with two-symbol plant
codes, beginning immediately upon
issuance of a final rule implementing
the proposal. NHTSA proposed that
mandatory compliance with the use of
the three-symbol plant code and 13symbol TIN would be required
beginning not sooner than five years
after publication of a final rule
implementing the proposal. NHTSA
believed that five years would be
sufficient lead time before
manufacturers would be required to use
a three-symbol plant code and 13symbol TIN.
Several commenters objected to
requiring existing manufacturers to use
a three-symbol plant code on the basis
of cost and inconvenience. JATMA and
Korea asserted that existing plants
should not be required to adopt threesymbol plant codes because of their
concern about the cost and time needed
to upgrade existing molds and because
they did not believe that there was
sufficient space between the
certification symbol and a ‘‘1’’ that was
inserted before the plant code in an
existing mold. Thailand asserted that
products produced using a two-symbol
plant code should be allowed to
continue to be produced using a twosymbol code because increasing the
number of symbols would affect cost
without improvement in quality.
Specialty requested that limited
production tires be excluded from any
requirement to use a three-symbol plant
code because of the cost of modifying
those molds.
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RMA requested that NHTSA provide
additional lead time and further
requested that the comment period by
extended for RMA to provide additional
information on how much lead time
they believed would be necessary to
minimize costs to the industry. RMA
stated that requiring existing plants to
convert to 13-symbol TINs imposed
substantial burdens on manufacturers
not using all of the currently optional
portions of the TIN. RMA also stated
that the agency was incorrect to assume
that the average life of a mold is five
years.
RMA suggested that, because NHTSA
would soon exhaust the supply of twosymbol codes, NHTSA should go
forward with the three-symbol
manufacturer identifier and the
standardized-length TIN, but consider a
longer implementation period. In its
comments, RMA and the Tire and
Rubber Association of Canada suggested
that a 10-year lead time is more
appropriate. JATMA and Korea also
asserted that a longer lead time was
appropriate.
Because of the immediate need for
three-symbol plant codes, NHTSA must
go forward with a rule allowing the use
of three-symbol plant codes. Moreover,
to ensure that plant codes for new tires
are recognizable, we are moving forward
with a requirement that manufacturers
who use a three-symbol plant codes use
the 13-symbol TIN. NHTSA continues to
believe that eventual standardization of
TIN length is valuable for ensuring
quick identification of the tire
manufacturer, for the reasons discussed
above. However, in light of the
comments received, we are extending
the lead time from five years to 10 years
for existing plants to adopt the threesymbol plant code and standardized 13symbol TIN.
NHTSA’s proposed five-year lead
time was based upon the assumption
that the average life of a tire mold is five
years. Past rulemakings related to tire
labeling have offered five years of lead
time or less.4 Moreover, our assumption
was partially based upon RMA’s
comments on the adoption of FMVSS
No. 139 and an NPRM proposing
upgrades to truck tire requirements.5
However, the issues identified by the
commenters suggest that the
assumptions underlying NHTSA’s
4 See 64 FR 36807 (Jul. 8, 1999) (four digit date
code); 63 FR 28912 (May 27, 1998) (metric labeling
on truck tires).
5 See 67 FR 69600, 69608 (Nov. 18, 2002) (RMA
comment that mold life expectancy is up to five
years); Docket No. NHTSA–2010–0132–0018, at 4
(comments of RMA on truck tire NPRM stating that
the average mold life for radial truck and bus tires
is five years).
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assertion that manufacturers could
replace or modify existing molds to use
13-symbol TINs with minimal costs may
be outdated or incorrect.
Therefore, NHTSA has extended the
lead time from the five years proposed
in the NPRM to 10 years, as suggested
by the commenters. We believe that this
change, as well as others discussed
below, will minimize the impact of this
final rule on existing plants.
To estimate the total cost of a 10-year
lead time, we have used RMA’s estimate
that 20,504 molds would need to be
modified at an average cost per mold of
$957 (valued in 2014 dollars).6 We
believe that RMA members represent
approximately 62 percent of new tire
production for the U.S. market and nonRMA members represent approximately
38 percent of new tire production for
the U.S. market.7 We have assumed that
the 20,504 molds that RMA members
are required to modify represent 62
percent of the total molds that will need
to be modified as a result of this rule,
and that non-RMA members will need
to modify 12,612 molds in order to
comply with this final rule. Thus, we
believe that 33,116 molds will need to
be modified at a total cost of
approximately $31.7 million.
Although only some molds will need
to be modified to comply with this final
rule, we expect that the costs of this rule
will be spread out over all tires sold, not
just tires manufactured in the molds
that must be modified. Based on the
data provided by RMA in its comments
regarding the rates at which molds will
be retired over a 5–10 year period, we
have used a linear regression to estimate
that nearly all molds currently in use
today will be retired within 13 years.
Given an annual average tire production
of approximately 300 million, we
believe that approximately 3.6 billion
new tires will be produced for the U.S.
market during this 13-year period. We
expect that the $31.7 million cost of
modifying molds could be spread out
over all tires produced in this 13-year
period.8 Thus, the average cost increase
6 We believe that $957 per mold represents a high
estimate of the cost of modifying a mold. Some
molds may be modified simply by inserting new
screw-in plates or a similarly uncomplicated
process at substantially less than $957 per mold.
However, in order to provide a conservative cost
estimate, we will assume the cost per mold
estimated by RMA.
7 See Factbook 2014—Summary ed., Rubber
Manufacturers Association.
8 We believe the costs can be spread out over such
a long period, in part, because there is no gradual
phase-in for existing plants. That is, all molds that
need to be modified will not need to be modified
until 2025. The only molds we expect to be
modified during the first half of the 10-year lead
time would be molds that are moved from one plant
to another. Those molds would already require
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of a tire as a result of this rule over the
next 13 years is expected to be less than
one cent ($0.009).9
VI. Changes to Figures 1 and 2
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The July 2014 NPRM proposed minor
changes to Figures 1 and 2 of 49 CFR
574.5. For example, the new proposed
Figures 1 and 2 included a requirement
for a 50 mm blank space following the
date code. We received comments from
JATMA, RMA, Zhongce, Thailand, the
Tire and Rubber Association of Canada,
and Korea objecting to this requirement.
RMA and the Tire and Rubber
Association of Canada also stated that
some Canadian tire manufacturers use
the 50 mm space following the TIN to
display Canada’s National Safety Mark,
and argued that this proposed
requirement represented a barrier to
trade that was not justified by safety.
RMA noted that this change was not
discussed in the preamble to the NPRM.
Zhongce and Thailand also argued that
the 50 mm blank space requirement may
unnecessarily cause difficulties in tire
design. Korea suggested that a 20 mm
space requirement may be more
appropriate.
In light of the potential inconsistency
between the proposed specification in
Note 3 of Figure 1 that that there be a
blank space of at least 50 mm (2 inches)
after the date code and Canadian tire
marking requirements, we have not
included this specification in this final
rule. Although we were concerned
about the potential for confusing the
date code with other information, we
did not discuss this matter in the
preamble of the NPRM and did not
intend to propose it. Moreover, we have
no data to suggest that any benefit to the
public as a result of this change would
be justified by the creation of a potential
inconsistency with the Canadian tire
labeling requirements.
Separately, RMA suggested that
NHTSA remove the 6 mm space
requirement between the DOT symbol
and the beginning of the TIN. RMA also
requested that NHTSA reduce the
minimum height requirement for the
TIN to 4 mm for all tires rather than
only for tires with smaller sidewall
areas. RMA stated that these changes
would give manufacturers additional
some modification under the current requirements
and we would reasonably expect that the additional
modifications to those molds as a result of this rule
could be done at a relatively low cost.
9 We have not considered retreaders in this
analysis because we believe that the process by
which retreaders label the TIN on a tire does not
require modification of molds. We expect the cost
of any modifications that retreaders may be
required to make as a result of this final rule to be
negligible.
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flexibility to modify existing molds to
include a three-symbol plant code.
We are not adopting these suggestions
in this final rule. We believe that the
specified minimum space after the DOT
symbol ensures that the TIN is
distinguished from the certification
symbol. Moreover, we believe that the 6
mm letter height (which is currently the
requirement for all tires, including those
with shorter sidewalls) ensures
readability and that the exception for
smaller letter height should only apply
to tires with shorter sidewalls.
In contrast, Tire Rack suggested that
the 6 mm minimum letter height size be
maintained throughout the TIN,
particularly the date code. Our response
is that, for the tires for which the 6 mm
minimum letter height requirement
applies, that requirement applies to both
the TIN and the certification symbol.
Tire Rack also suggested that
condensed fonts can be difficult to
distinguish and included attachments
with specific examples. Tire Rack
suggested that NHTSA specify the use of
bold fonts and prohibit condensed and
lightweight fonts. However, having
examined the photographs submitted by
Tire Rack, we believe that the letters
used in condensed fonts can be
distinguished and that specifying/
prohibiting bold, condensed, or
lightweight fonts is not necessary at this
time.
Additionally, on the topic of fonts, we
inadvertently proposed to modify Note
1 of Figures 1 and 2 regarding requests
for the use of other fonts that are
submitted to NHTSA. The proposal
would have modified the language to
specify that requests are submitted to
the ‘‘Administrator’’ rather than the
‘‘Administration.’’ Historically, NHTSA
has considered the use of other fonts to
be a matter of legal interpretation
decided by the Chief Counsel. It was not
our intent in the NPRM to reserve this
authority to the Administrator. In this
final rule, we are specifying that a
petition to use an alternate font is
submitted to NHTSA.
RMA requested that NHTSA should
continue to permit the use of print types
that have previously been approved.
Nothing in this rulemaking affects
previously approved print types,
although we have not attempted to list
those types in this regulation.
Zhongce suggested that NHTSA
remove the specification for font type,
or alternatively standardize the heightwidth ratio of the font. Zhongce argued
that the specified fonts are not pleasant
looking and manufacturers will want to
use other fonts. We have not made any
change in response to these comments.
The specified fonts (and others
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approved by NHTSA) were chosen or
approved for the ease of distinguishing
characters, and the specification of font
type has not, to our knowledge, had any
effect on tire customers’ purchasing
decisions. Moreover, although the
regulation does not specify the heightwidth ratio, we believe that the
specification of fonts inherently
specifies a height-width ratio for the
characters. That is, if a manufacturer
varies the height-width ratio for a
particular font, it may not be using the
specified font.
Regarding the allowable fonts, we
have discovered that the list of
allowable fonts in Figures 1 and 2 has
been inadvertently modified to specify
that ‘‘Future Bold, Modified
Condensed’’ or ‘‘Gothic’’ are the only
two allowable fonts. However, the
original font specification allowed four
fonts: Futura Bold, Futura Modified,
Futura Condensed, and Gothic. We have
changed the location of the quotation
marks and added commas to make clear
in Figures 1 and 2 that there are four
allowable fonts, not two.
Kojin Kitao requested three
clarifications regarding Figures 1 and 2:
(1) Whether the DOT symbol and the
TIN, or the TIN alone, must be in the
specified fonts; (2) whether the entire
TIN can be laser etched on a tire as in
the proposed Figures 1 and 2, or
whether only the date code may be laser
etched as specified in § 574.5(d)(1); and
(3) clarification on the location of the
certification symbol and TIN on certain
tires where it appeared that proposed
Figure 1 had duplicate language. First,
although the proposal stated that both
the certification symbol and the TIN
must be in the specified fonts, the
version of Figures 1 and 2 in this final
rule applies the font requirement solely
to the TIN. We did not discuss this
change in the preamble and did not
intend the font requirement to apply to
the certification symbol. Second, we
intended to allow only the date code to
be laser etched on a tire as specified in
§ 574.5(d)(1). We have eliminated
contrary language from Figures 1 and 2
suggesting that other information may
be laser etched. Third, we recognize that
the proposed language in Figures 1 and
2 regarding the location on the tire for
the certification symbol and DOT code
contains duplicate language, and we
have corrected this duplication. These
changes are reflected in this final rule.
Tire Rack included two additional
suggestions in its comments. First, it
requested that NHTSA standardize the
location of the certification symbol by
allowing it only to the left of the TIN.
Tire Rack requested that NHTSA
eliminate Option 2 as depicted in
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Figures 1 and 2, which allows the
certification symbol to be located above
or below the TIN. Tire Rack observed
that it had not seen any tires using
Option 2 and believes that its use in the
future could only cause confusion.
Second, Tire Rack suggested that the
branding of TINs on tires should be
limited to smooth locations on the
sidewall and be prohibited from being
branded over multiple background
surfaces.
We have not adopted these suggested
changes. It was not our intent in this
rulemaking to make substantive changes
to the labeling of the TIN on the tire,
other than to accommodate a longer
plant code and TIN, and we consider
these comments to be outside of the
scope of this rulemaking. Moreover, we
are concerned that these changes would
eliminate flexibility for manufacturers
without necessarily improving the
ability of the TIN to be quickly
understood in order to facilitate safety
recalls.
Zhongce and GASS also identified
errors in the pictures depicted in
Figures 1 and 2. Specifically, some of
the dimension lines did not line up with
the dimensioning arrows. These errors
have been corrected in this final rule.
We received suggestions from GASS
and Tire Rack to specify required
spacing between the three groupings of
symbols of the TIN. We have not
adopted this suggestion, because we are
concerned that it will eliminate a costeffective option for converting existing
tire molds to a 13-symbol TIN. RMA has
suggested that the modification of
existing molds that are transferred to
new plants will not simply involve the
insertion of a ‘‘1’’ in front of the TIN. A
mandatory minimum space between the
groupings could prevent manufacturers
from placing symbols between the
existing groupings in order to use 13symbol TINs on existing molds. We do
not seek to impose costs unnecessarily;
if this is a cheaper approach to achieve
a clearly legible 13-symbol TIN, we
would want manufacturers to be able to
take advantage of it.
VII. Other Suggested Changes and
Technical Amendments
NTSB and SRS 10 commented that the
agency should alter the TIN to change
the format of the date code. SRS
requested that NHTSA use a non-coded
date of manufacture. Currently, the last
four numbers represent the week and
year of manufacture of a tire. The
commenters did not specify, however,
10 SRS also raised other matters in its comments.
However, none of those matters are related to this
rulemaking.
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how NHTSA should require the date of
manufacture to be presented on the tire.
Given that we did not propose any
changes to the date code portion of the
TIN, nor did we discuss or request
comment on any potential changes to
the date code, such a change may be
beyond the scope of this rulemaking.
Even if it were in scope, however, we do
not believe a change to the date code is
necessary for consumers to determine
when their tires were manufactured.
NHTSA’s tire consumer Web site,
https://www.safercar.gov/tires/
index.html, explains in several places
how to find and interpret the date code.
Furthermore, a person should easily be
able to determine the location of the
date of manufacture on a tire is located
either by querying an internet search
engine or by asking a tire dealer.
NTSB and Tire Rack suggested that
the use of partial TINs on some tires has
not allowed consumers to have
necessary information about their tires
and requested that full TINs be required
on both sides of a tire. This suggestion
is beyond the scope of this rulemaking.
We did not discuss or propose any
changes to the placement of the TIN on
one or both sidewalls.
NTSB also suggests that NHTSA
enhance the usability of TIN coding by
requiring that any coding used by
manufacturers be reported to NHTSA
and be made public. NTSB particularly
notes that the manufacturer, brand
name, model, size, and date of
manufacture be made available. We are
not making the suggested changes. The
information referenced by NTSB is
already required to be marked on the
sidewall of any tire certified to FMVSS
requirements. We do not believe that
safety would be improved by requiring
this information to be additionally
included in the TIN itself.
GASS stated that in the first sentence
of proposed § 574.5(a)(3) specifying
marking requirements for nonpneumatic tires, the agency should
specify that, instead of saying the TIN
has to be placed ‘‘onto one side of’’ the
tire, the agency should specify that it be
placed ‘‘onto at least one side of’’ the
tire. GASS reasoned that this change
would be consistent with requirements
for other types of tires. We agree, and
we have made this suggested change.
GASS raised other technical issues
that we have not adopted. First, GASS
suggested that proposed § 574.5(b)(1)
and (b)(3) be modified to make explicit
references to Figures 1 and 2, as we
have done in § 574.5(b)(2). We do not
believe this change is necessary.
Second, GASS suggested that the list of
authorized symbols in § 574.5(f) has the
letter ‘‘I’’ instead of the number ‘‘1’’.
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This is not correct. The number ‘‘1’’ was
used in the NPRM. Third, GASS
suggested that the list be modified to
make explicit notations of the symbols
that are letters and those that are
numerals. We do not believe this change
is necessary because the context in
which the information is presented
(alphabetical and numerical order)
makes clear which symbols are letters
and which are numbers.
RMA stated that in proposed
§ 574.5(a)(4) regarding the labeling of
tires manufactured for mileage-contract
purchasers, NHTSA incorrectly
converted 0.25 inches into 13
millimeters rather than 6 millimeters.
We agree that this conversion was
incorrect. We have included the correct
metric conversion in this final rule.
Finally, we sought comment on
whether it is necessary to make any
technical amendment to any of the tire
labeling regulations in light of the
proposed changes. RMA suggested
several other technical amendments that
were necessary. First, RMA suggested
that NHTSA amend S5.5.1(b) of FMVSS
No. 139, which includes language that
allows optional codes to be excluded
from partial TINs allowed on one
sidewall of a tire. However, this final
rule does not completely eliminate
optional codes. Existing plants with
two-symbol plant codes will be allowed
to continue to use the old TIN format.
Thus, it would be premature to remove
the reference to optional codes in
FMVSS No. 139.
Second, RMA stated that the Early
Warning Reporting (EWR) regulations in
49 CFR 579.26 contain three references
that should be corrected. First, the
general provisions specify that
manufacturers located in the United
States may report ‘‘the two-character
DOT alphanumeric code’’ identifying
the production plant. In addition,
paragraphs (a) and (d) contain
references to ‘‘tire type codes’’ which,
under the new TIN format, would be the
manufacturer’s code. We agree that 49
CFR 579.26 requires technical
corrections for consistency with the
changes to part 574, and have included
RMA’s suggested technical corrections
in this final rule.11
11 RMA also provided a list of non-regulatory
changes that RMA believes are necessary to
accommodate this final rule. RMA included
suggested changes to the instructions for EWR
reporting, the templates for EWR reporting, and
potential changes to the Artemis database system.
We will consider whether the changes to the EWR
reporting instructions and templates are necessary.
We believe that the Artemis database system is
presently capable of accommodating three-symbol
plant codes.
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VIII. 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
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 final rule will impose costs upon
some existing 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
final rule will impose at most negligible
costs. Manufacturers constructing new
molds for a new plant should be able to
comply with the new TIN requirements
at no additional cost. For existing
plants, new tire manufacturers will be
required to modify any molds still in
service in 10 years to accommodate a
three-symbol plant code and a 13symbol TIN. As discussed in more detail
in section V, above, we expect that, for
existing plants, this final rule will result
in a one-time cost of approximately
$31.7 million to modify molds to
accommodate a three-symbol plant code
and a 13-symbol TIN. We estimate that
this cost could be spread out over all
tires produced over a 13-year period,
resulting in an increase in cost per tire
of less than one cent.
We do not believe that the safety
benefits of this final rule can be
expressly quantified, but we anticipate
that these 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 plant 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 eliminates the potential
for confusion regarding whether a TIN
is a full TIN or a partial TIN, which may
assist consumers with identifying
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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 final rule under the Regulatory
Flexibility Act. I certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities. This final rule
would directly impact manufacturers
and retreaders of tires for use on all
motor vehicles. Although we believe
many manufacturers affected by this
final rule are considered small
businesses, we do not believe this final
rule will have a significant economic
impact on those manufacturers. We
expect that many changes that need to
be made by manufacturers as a result of
this final rule be done during the
normal mold replacement cycle at no
additional cost to manufacturers. The
new tire manufacturers that would bear
the costs of this rule as discussed in
section V, above, are not small
businesses. Although some retreaders
are likely small businesses, we believe
that they can make the modifications
required by this final rule without
incurring significant costs. The process
by which retreaders label tires with
TINs is different than for new tire
manufacturers. Retreaders do not label
TINs on tires using tire molds; rather,
they use smaller, less expensive means
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19559
for labeling tires. We do not believe that
this final rule would cause retreaders to
modify molds, and we believe that any
modifications to TIN labeling methods
necessary to comply with this rule
could be made at minimal cost.
C. Executive Order 13132 (Federalism)
NHTSA has examined today’s final
rule 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.
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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 no information
collection requirement associated with
this final rule.
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 final rule.
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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
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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 final rule will 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. 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.
J. 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
49 CFR Part 574
Imports, Motor vehicle safety,
Reporting and recordkeeping
requirements, Tires.
49 CFR Part 579
Motor vehicle safety, Reporting and
recordkeeping requirements, Tires.
In consideration of the foregoing,
NHTSA amends 49 CFR parts 574 and
579 as follows:
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PART 574—TIRE IDENTIFICATION AND
RECORDKEEPING
1. Revise the authority citation for part
574 to read as follows:
■
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.95.
2. Revise §§ 574.5 and 574.6 to read as
follows:
■
§ 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 nonpneumatic 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 nonpneumatic tire assemblies. Each
manufacturer of a non-pneumatic tire or
non-pneumatic tire assembly must
permanently mold, stamp, or otherwise
permanently mark into or onto at least
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.
(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 6 mm (0.25
inch) high the phrase ‘‘for mileage
contract use only’’.
(5) Optional phase-out of two-symbol
plant code. NHTSA will assign to tire
manufacturers who were previously
assigned a plant code consisting of two
symbols 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 until April 13, 2025.
Manufacturers who use a two-symbol
plant code must comply with paragraph
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(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 April 13, 2025.
(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
§ 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
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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 nonpneumatic 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) 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 April 13, 2025.
(1) First grouping. The plant code,
consisting of two symbols, must be the
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Frm 00051
Fmt 4700
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19561
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 nonpneumatic 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,
‘‘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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Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
OPTION 1
Spacing
6 mm (0.25") min
19 mm (0.75"') max
H
(~-~;)mini DOT
~
Tire Identification Number (TIN)
2014
15:35 Apr 10, 2015
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ER13AP15.004
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Figure 1: Tire Identification Number (TIN) for New Tires
Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
How to obtain a plant code.
To obtain a plant code required by
§ 574.5(b)(1), each manufacturer of new
or retreaded pneumatic tires, nonpneumatic 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;
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(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;
PO 00000
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or non-pneumatic tires or nonpneumatic tire assemblies.
Note to § 574,6: Additional
requirements for new tire manufacturers
may be applicable. See 49 CFR parts 551
and 566.
PART 579—REPORTING OF
INFORMATION AND
COMMUNICATIONS ABOUT
POTENTIAL DEFECTS
3. The authority citation for part 579
continues to read as follows:
■
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§ 574.6
19563
19564
Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations
Authority: 49 U.S.C. 30102–103, 30112,
30117–121, 30166–167; delegation of
authority at 49 CFR 1.95 and 49 CFR 501.8.
4. Amend § 579.26 by:
a. Revising the fifth sentence of the
introductory text;
■ b. Revising the first sentence of
paragraph (a); and
■ c. Revising the second sentence of
paragraph (d).
The revisions read as follows:
■
■
[Docket No. 150227200–5347–02]
RIN 0648–BE79
* * * For purposes of this section,
the two- or three-character DOT
alphanumeric code for production
plants located in the United States
assigned by NHTSA in accordance with
§§ 574.5 and 574.6 of this chapter may
be used to identify ‘‘plant where
manufactured.’’ * * *
(a) Production information.
Information that states the
manufacturer’s name, the quarterly
reporting period, the tire line, the tire
size, the tire type code or
manufacturer’s code, the SKU, the plant
where manufactured, whether the tire is
approved for use as original equipment
on a motor vehicle, if so, the make,
model, and model year of each vehicle
for which it is approved, the production
year, the cumulative warranty
production, and the cumulative total
production through the end of the
reporting period. * * *
*
*
*
*
*
(d) Common green tire reporting.
* * * For each specific common green
tire grouping, the list shall provide all
relevant tire lines, tire type codes or
manufacturer’s code, SKU numbers,
brand names, and brand name owners.
Issued on April 3, 2015 in Washington, DC,
under authority delegated in 49 CFR 1.95 and
501.5.
Mark R. Rosekind,
Administrator.
BILLING CODE 4910–59–P
National Oceanic and Atmospheric
Administration
50 CFR Part 660
§ 579.26 Reporting requirements for
manufacturers of tires.
[FR Doc. 2015–08418 Filed 4–10–15; 8:45 am]
DEPARTMENT OF COMMERCE
Fisheries Off West Coast States; West
Coast Salmon Fisheries; Management
Reference Point Updates for Three
Stocks of Pacific Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues a final rule to
update management reference point
values for Southern Oregon coastal
Chinook salmon, Grays Harbor fall
Chinook salmon, and Willapa Bay
natural coho, as recommended by the
Pacific Fishery Management Council
(Council) for use in developing annual
management measures beginning in
2015.
SUMMARY:
This final rule is effective April
13, 2015.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The Council manages West Coast
ocean salmon fisheries under the Pacific
Coast Salmon Fishery Management Plan
(FMP). Over the course of two Council
meetings (November 2014 and March
2015), the Council adopted management
reference point values for three stocks of
Pacific salmon: Southern Oregon coastal
Chinook salmon, Grays Harbor fall
Chinook salmon, and Willapa Bay
natural coho. The management
reference points, as described in the
proposed rule (80 FR 14066, March 18,
2015), include: Conservation objective
(a value unique to the FMP, generally an
annual spawning escapement goal), the
fishing mortality rate expected to result
in maximum sustainable yield (FMSY),
MSY spawner abundance (SMSY),
minimum stock size threshold (MSST),
and maximum fishery mortality
threshold (MFMT, generally equal to
FMSY). For one stock that was added to
the FMP under Amendment 16, Willapa
Bay natural coho, the Council also
confirmed the formula for determining
the annual catch limit (ACL), as
required under the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA). The proposed rule was
developed based on Council
recommendations from the November
2014 Council meeting. At that time, the
Council had not explicitly adopted all of
the management reference point values;
therefore, NMFS proposed adopting
some of the values pursuant to NMFS’
independent rulemaking authority (18
U.S.C. 1855(d)), and those values were
described in the proposed rule. The
Council took action at the March 2015
meeting to adopt the remaining
management reference point values. The
reference point values being
implemented by this final rule are based
on the best available science developed
through the Council’s 2014
methodology review. They were
recommended to the Council by the
Salmon Technical Team, and were
reviewed and endorsed, to the extent
appropriate, by the Scientific and
Statistical Committee. The reference
point values being implemented are
presented in Table 1.
TABLE 1—UPDATED MANAGEMENT REFERENCE POINTS ADOPTED BY THE COUNCIL AND IMPLEMENTED IN THIS FINAL
RULE
Southern Oregon coastal Chinook
Willapa Bay natural coho
FMP
Conservation
Objective
(escapement).
SMSY (escapement) .......................
MSST (escapement) ......................
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Reference point
41,000 (measured at Huntley
Park).
34,992 ...........................................
20,500 (measured at Huntley
Park).
54 percent .....................................
Not applicable ...............................
17,200 ...........................................
13,326.
17,200 ...........................................
8,600 .............................................
13,326.
6,663.
74 percent .....................................
Based on FABC and annual ocean
abundance, FABC is FMSY reduced by Tier 1 (5%) uncertainty.
63 percent.
Not applicable.
MFMT .............................................
ACL Definition ................................
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Grays Harbor fall Chinook
13APR1
Agencies
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19553-19564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08418]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 574 and 579
[Docket No. NHTSA-2014-0084]
RIN 2127-AL54
Tire Identification and Recordkeeping
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation
ACTION: Final rule.
-----------------------------------------------------------------------
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 final rule makes two amendments to the TIN. First, because NHTSA
has run out of two-symbol codes to identify new tire plants, NHTSA is
expanding the first portion of the TIN, previously known as
[[Page 19554]]
the manufacturer identifier, but more commonly referred to as a ``plant
code,'' from two symbols to three for manufacturers of new tires. This
amendment substantially increases the number of unique combinations of
characters that can be used to identify individual manufacturers of new
tires. Second, NHTSA is standardizing the length of the tire
identification number to eliminate confusion that could arise from the
variable length of tire identification numbers. This final rule
standardizes 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: This final rule is effective on April 13, 2015.
Petitions for reconsideration: Petitions for reconsideration of
this final rule must be received by May 28, 2015.
ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket number set forth above and be submitted to the
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590.
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.
---------------------------------------------------------------------------
\1\ 36 FR 1196 (Jan. 26, 1971).
---------------------------------------------------------------------------
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 individual 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 when they 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. This change allowed manufacturers to
create new tire sizes without NHTSA first having to modify its
regulations to provide a tire size code.
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 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. July 2014 Notice of Proposed Rulemaking
On July 24, 2014, NHTSA published in the Federal Register a notice
of proposed rulemaking (NPRM) proposing two amendments to the TIN.
First, because NHTSA was running out of two-symbol codes to identify
new tire plants, NHTSA proposed to expand the plant code, from two
symbols to three for manufacturers of new tires. Second, NHTSA proposed
to standardize the length of the TIN 13 symbols for new tires and 7
symbols for retreaded tires.
We received 13 comments in response to the July 2014 NPRM.
Oyatullohi Maddud, Tire Rack, the National Transportation Safety Board
(NTSB), Specialty Tires of America (Specialty), Gillespie Automotive
Safety Services (GASS), Kojin Kitao, the Japan Automobile Tyre
Manufacturers Association (JATMA), Safety Research and Strategies
(SRS), the Rubber Manufacturers Association (RMA), Zhongce Rubber Group
Co. (Zhongce), the Government of Thailand (Thailand), the Tire and
Rubber Association of Canada, and the Ministry of Trade, Industry, and
Energy of the Republic of Korea (Korea). The comments are addressed in
the following sections.
RMA also requested an extension of the comment period in order to
gather additional information regarding the cost of converting existing
molds to three-symbol plant codes and 13-symbol TINs. We agree with
RMA's general assertion that additional time would be necessary in
order for them to obtain this information. However, the agency is faced
with the exhaustion of two-symbol plant codes and must begin issuing
three-symbol plant codes immediately in order to allow new plants to
open. In order to issue three-symbol plant codes immediately, RMA's
petition to extend the comment period is denied. However, we believe
that our approach in this final rule, in response to RMA's and others'
comments, mitigates the need for extra time to respond to the NPRM.
[[Page 19555]]
III. Three-Symbol Plant Code
NHTSA, through its Office of Vehicle Safety Compliance, issues new
tire and retreaded tire plant codes to manufacturers when they 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 over time in
the number of tire manufacturers. This increase is projected to
continue. However, a recent increase in the number of new plant code
applications has completely depleted the supply of previously issued,
but currently unused, plant codes. Without taking further action, the
agency would be forced to refuse to assign new plant codes, which would
make it impossible for new manufacturers to enter the tire market, or
to assign identical plant codes to multiple manufacturers, which has
the potential for substantial confusion and could impair tire recalls.
To enable the agency to issue new plant codes, the agency proposed
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.
Oyatullohi Maddud, Tire Rack, GASS, RMA, Zhongce and Thailand
agreed that NHTSA should begin issuing three-symbol plant codes to new
tire manufacturers immediately upon running out of two-symbol codes.
NHTSA has run out of two-symbol plant codes. Therefore, it is
necessary to issue this final rule to allow the issuance of three-
symbol plant codes to new tire manufacturers. We are adopting the
three-symbol plant code as proposed. For existing manufacturers with
two-symbol plant codes, the agency will issue new three-symbol plant
codes in place of each two-symbol plant code. For nearly all
manufacturers, the agency 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 likely be assigned the three-symbol code
``1AB''.
---------------------------------------------------------------------------
\2\ NHTSA will directly contact any manufacturer whose three-
symbol plant code is something other than a ``1'' in front of its
existing two-symbol code.
---------------------------------------------------------------------------
IV. Standardizing TIN Length
The length of a TIN is not currently standardized. The second and
third groupings of the TIN are required to contain no 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 also on decisions by the manufacturer
regarding the inclusion of optional codes. 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. Based on all of the variations in TIN length allowed, a full TIN
for new tires may be anywhere between 6 and 12 symbols (which would go
up to 13 after NHTSA adopts a three-symbol plant code).
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 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 could potentially 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. 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.
The July 2014 NPRM proposed to standardize the length of a TIN for
all tire manufacturers using the three-symbol plant code at 7 symbols
for retreaded tires and 13 symbols for new tires. We believed that this
would prevent any confusion regarding whether a TIN is a complete TIN
or a partial TIN. The proposal allowed manufacturers that have
previously been assigned a two-symbol plant code to continue to use the
existing TIN grouping requirements until they begin using a three-
symbol plant code. We expected that manufacturers to begin using both
the three-symbol plant code and the 13-symbol TIN at the same time.
We received comments from JATMA, RMA, Thailand, and the Tire and
Rubber Association of Canada regarding the length of the TIN. Tire Rack
supported adopting a standardized-length TIN. The other commenters
cited the development of a global technical regulation (GTR) on light
vehicle tires. The length of the TIN in the adopted GTR is specified as
15 symbols, including an 8-symbol manufacturer code. The commenters
were concerned that the 8-symbol manufacturer code in the GTR is
different than the 6-symbol code specified in the NPRM. Zhongce
questioned the need for the standardized six-symbol manufacturer's
code. Zhongce stated that they currently use five symbols for the
optional code and questioned the need to add an additional character in
existing molds.
After the comment period closed, GTR No. 15 related to passenger
car tires was adopted. A TIN is included in GTR No. 15. The TIN format
in the GTR is nearly identical to the July 2014 NPRM, with one notable
exception. Both the GTR and the NPRM include a three-symbol plant code
and a four-symbol date code. However, the GTR has an eight-symbol
manufacturer code, whereas the NPRM included a six-symbol manufacturer
code. Thus, the total TIN length in the GTR is 15 symbols, instead of
the 13 symbols in the NPRM.
We are not making any changes to the proposal related to these
comments. Although the GTR was not mentioned in the NPRM, we were aware
of the discrepancy between the then-draft GTR and the NPRM at the time
of the NPRM, but chose to propose a shorter manufacturer code to
minimize the cost transitioning to the new TIN format. Although an 8-
symbol manufacturer code is included in the adopted GTR, we believe
that a 6-symbol manufacturer code will reduce the costs of
standardizing the length of the TIN. No tires currently sold have a TIN
longer than 12 symbols. If we were to adopt a 15 symbol TIN,
manufacturers would need to allocate space on the tire for at least
three extra symbols (and possibly more). Based on the comments received
from tire manufacturers regarding the expense of adding of at least one
symbol to the TIN, we believe that the costs of adding at least three
symbols to the TIN would be much higher. Therefore, we are not
modifying the TIN length to expand the manufacturer code to eight
symbols.\3\
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\3\ RMA notes the inconsistency between the GTR and the NPRM and
suggests that NHTSA propose to amend the GTR to be consistent with
our final rule. This suggestion is beyond the scope of this
rulemaking; however, we plan to request that the GTR be amended to
harmonize with this final rule.
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Moreover, we cannot agree with Zhongce's suggestion to allow the
use of shorter manufacturer codes, thereby making the length of the TIN
nonstandard. Making all TINs using a three-symbol plant code 13 symbols
[[Page 19556]]
long is necessary to ensure the identification of the manufacturer with
the TIN. Existing TINs are up to 12 symbols long, but use two-symbol
plant codes. If we allow manufacturers with three-symbol plant codes to
use TINs that are 12 symbols or shorter, we will have no way of knowing
whether the TIN uses a two-symbol or three-symbol plant code. Without
knowing that, the manufacturer of the tire cannot be ascertained from
the TIN. Thus, it is necessary for NHTSA to specify a 13-symbol TIN to
accompany the three-symbol plant code.
V. Lead Time
In the July 2014 NPRM, we recognized that, for existing
manufacturers currently using two-symbol plant codes, immediately
requiring the use of a three-symbol plant code and standardized TIN
length would impose additional costs with little benefit. The NPRM
therefore proposed 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 the proposal. NHTSA proposed 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 the proposal. NHTSA believed that five years
would be sufficient lead time before manufacturers would be required to
use a three-symbol plant code and 13-symbol TIN.
Several commenters objected to requiring existing manufacturers to
use a three-symbol plant code on the basis of cost and inconvenience.
JATMA and Korea asserted that existing plants should not be required to
adopt three-symbol plant codes because of their concern about the cost
and time needed to upgrade existing molds and because they did not
believe that there was sufficient space between the certification
symbol and a ``1'' that was inserted before the plant code in an
existing mold. Thailand asserted that products produced using a two-
symbol plant code should be allowed to continue to be produced using a
two-symbol code because increasing the number of symbols would affect
cost without improvement in quality. Specialty requested that limited
production tires be excluded from any requirement to use a three-symbol
plant code because of the cost of modifying those molds.
RMA requested that NHTSA provide additional lead time and further
requested that the comment period by extended for RMA to provide
additional information on how much lead time they believed would be
necessary to minimize costs to the industry. RMA stated that requiring
existing plants to convert to 13-symbol TINs imposed substantial
burdens on manufacturers not using all of the currently optional
portions of the TIN. RMA also stated that the agency was incorrect to
assume that the average life of a mold is five years.
RMA suggested that, because NHTSA would soon exhaust the supply of
two-symbol codes, NHTSA should go forward with the three-symbol
manufacturer identifier and the standardized-length TIN, but consider a
longer implementation period. In its comments, RMA and the Tire and
Rubber Association of Canada suggested that a 10-year lead time is more
appropriate. JATMA and Korea also asserted that a longer lead time was
appropriate.
Because of the immediate need for three-symbol plant codes, NHTSA
must go forward with a rule allowing the use of three-symbol plant
codes. Moreover, to ensure that plant codes for new tires are
recognizable, we are moving forward with a requirement that
manufacturers who use a three-symbol plant codes use the 13-symbol TIN.
NHTSA continues to believe that eventual standardization of TIN length
is valuable for ensuring quick identification of the tire manufacturer,
for the reasons discussed above. However, in light of the comments
received, we are extending the lead time from five years to 10 years
for existing plants to adopt the three-symbol plant code and
standardized 13-symbol TIN.
NHTSA's proposed five-year lead time was based upon the assumption
that the average life of a tire mold is five years. Past rulemakings
related to tire labeling have offered five years of lead time or
less.\4\ Moreover, our assumption was partially based upon RMA's
comments on the adoption of FMVSS No. 139 and an NPRM proposing
upgrades to truck tire requirements.\5\ However, the issues identified
by the commenters suggest that the assumptions underlying NHTSA's
assertion that manufacturers could replace or modify existing molds to
use 13-symbol TINs with minimal costs may be outdated or incorrect.
---------------------------------------------------------------------------
\4\ See 64 FR 36807 (Jul. 8, 1999) (four digit date code); 63 FR
28912 (May 27, 1998) (metric labeling on truck tires).
\5\ See 67 FR 69600, 69608 (Nov. 18, 2002) (RMA comment that
mold life expectancy is up to five years); Docket No. NHTSA-2010-
0132-0018, at 4 (comments of RMA on truck tire NPRM stating that the
average mold life for radial truck and bus tires is five years).
---------------------------------------------------------------------------
Therefore, NHTSA has extended the lead time from the five years
proposed in the NPRM to 10 years, as suggested by the commenters. We
believe that this change, as well as others discussed below, will
minimize the impact of this final rule on existing plants.
To estimate the total cost of a 10-year lead time, we have used
RMA's estimate that 20,504 molds would need to be modified at an
average cost per mold of $957 (valued in 2014 dollars).\6\ We believe
that RMA members represent approximately 62 percent of new tire
production for the U.S. market and non-RMA members represent
approximately 38 percent of new tire production for the U.S. market.\7\
We have assumed that the 20,504 molds that RMA members are required to
modify represent 62 percent of the total molds that will need to be
modified as a result of this rule, and that non-RMA members will need
to modify 12,612 molds in order to comply with this final rule. Thus,
we believe that 33,116 molds will need to be modified at a total cost
of approximately $31.7 million.
---------------------------------------------------------------------------
\6\ We believe that $957 per mold represents a high estimate of
the cost of modifying a mold. Some molds may be modified simply by
inserting new screw-in plates or a similarly uncomplicated process
at substantially less than $957 per mold. However, in order to
provide a conservative cost estimate, we will assume the cost per
mold estimated by RMA.
\7\ See Factbook 2014--Summary ed., Rubber Manufacturers
Association.
---------------------------------------------------------------------------
Although only some molds will need to be modified to comply with
this final rule, we expect that the costs of this rule will be spread
out over all tires sold, not just tires manufactured in the molds that
must be modified. Based on the data provided by RMA in its comments
regarding the rates at which molds will be retired over a 5-10 year
period, we have used a linear regression to estimate that nearly all
molds currently in use today will be retired within 13 years. Given an
annual average tire production of approximately 300 million, we believe
that approximately 3.6 billion new tires will be produced for the U.S.
market during this 13-year period. We expect that the $31.7 million
cost of modifying molds could be spread out over all tires produced in
this 13-year period.\8\ Thus, the average cost increase
[[Page 19557]]
of a tire as a result of this rule over the next 13 years is expected
to be less than one cent ($0.009).\9\
---------------------------------------------------------------------------
\8\ We believe the costs can be spread out over such a long
period, in part, because there is no gradual phase-in for existing
plants. That is, all molds that need to be modified will not need to
be modified until 2025. The only molds we expect to be modified
during the first half of the 10-year lead time would be molds that
are moved from one plant to another. Those molds would already
require some modification under the current requirements and we
would reasonably expect that the additional modifications to those
molds as a result of this rule could be done at a relatively low
cost.
\9\ We have not considered retreaders in this analysis because
we believe that the process by which retreaders label the TIN on a
tire does not require modification of molds. We expect the cost of
any modifications that retreaders may be required to make as a
result of this final rule to be negligible.
---------------------------------------------------------------------------
VI. Changes to Figures 1 and 2
The July 2014 NPRM proposed minor changes to Figures 1 and 2 of 49
CFR 574.5. For example, the new proposed Figures 1 and 2 included a
requirement for a 50 mm blank space following the date code. We
received comments from JATMA, RMA, Zhongce, Thailand, the Tire and
Rubber Association of Canada, and Korea objecting to this requirement.
RMA and the Tire and Rubber Association of Canada also stated that some
Canadian tire manufacturers use the 50 mm space following the TIN to
display Canada's National Safety Mark, and argued that this proposed
requirement represented a barrier to trade that was not justified by
safety. RMA noted that this change was not discussed in the preamble to
the NPRM. Zhongce and Thailand also argued that the 50 mm blank space
requirement may unnecessarily cause difficulties in tire design. Korea
suggested that a 20 mm space requirement may be more appropriate.
In light of the potential inconsistency between the proposed
specification in Note 3 of Figure 1 that that there be a blank space of
at least 50 mm (2 inches) after the date code and Canadian tire marking
requirements, we have not included this specification in this final
rule. Although we were concerned about the potential for confusing the
date code with other information, we did not discuss this matter in the
preamble of the NPRM and did not intend to propose it. Moreover, we
have no data to suggest that any benefit to the public as a result of
this change would be justified by the creation of a potential
inconsistency with the Canadian tire labeling requirements.
Separately, RMA suggested that NHTSA remove the 6 mm space
requirement between the DOT symbol and the beginning of the TIN. RMA
also requested that NHTSA reduce the minimum height requirement for the
TIN to 4 mm for all tires rather than only for tires with smaller
sidewall areas. RMA stated that these changes would give manufacturers
additional flexibility to modify existing molds to include a three-
symbol plant code.
We are not adopting these suggestions in this final rule. We
believe that the specified minimum space after the DOT symbol ensures
that the TIN is distinguished from the certification symbol. Moreover,
we believe that the 6 mm letter height (which is currently the
requirement for all tires, including those with shorter sidewalls)
ensures readability and that the exception for smaller letter height
should only apply to tires with shorter sidewalls.
In contrast, Tire Rack suggested that the 6 mm minimum letter
height size be maintained throughout the TIN, particularly the date
code. Our response is that, for the tires for which the 6 mm minimum
letter height requirement applies, that requirement applies to both the
TIN and the certification symbol.
Tire Rack also suggested that condensed fonts can be difficult to
distinguish and included attachments with specific examples. Tire Rack
suggested that NHTSA specify the use of bold fonts and prohibit
condensed and lightweight fonts. However, having examined the
photographs submitted by Tire Rack, we believe that the letters used in
condensed fonts can be distinguished and that specifying/prohibiting
bold, condensed, or lightweight fonts is not necessary at this time.
Additionally, on the topic of fonts, we inadvertently proposed to
modify Note 1 of Figures 1 and 2 regarding requests for the use of
other fonts that are submitted to NHTSA. The proposal would have
modified the language to specify that requests are submitted to the
``Administrator'' rather than the ``Administration.'' Historically,
NHTSA has considered the use of other fonts to be a matter of legal
interpretation decided by the Chief Counsel. It was not our intent in
the NPRM to reserve this authority to the Administrator. In this final
rule, we are specifying that a petition to use an alternate font is
submitted to NHTSA.
RMA requested that NHTSA should continue to permit the use of print
types that have previously been approved. Nothing in this rulemaking
affects previously approved print types, although we have not attempted
to list those types in this regulation.
Zhongce suggested that NHTSA remove the specification for font
type, or alternatively standardize the height-width ratio of the font.
Zhongce argued that the specified fonts are not pleasant looking and
manufacturers will want to use other fonts. We have not made any change
in response to these comments. The specified fonts (and others approved
by NHTSA) were chosen or approved for the ease of distinguishing
characters, and the specification of font type has not, to our
knowledge, had any effect on tire customers' purchasing decisions.
Moreover, although the regulation does not specify the height-width
ratio, we believe that the specification of fonts inherently specifies
a height-width ratio for the characters. That is, if a manufacturer
varies the height-width ratio for a particular font, it may not be
using the specified font.
Regarding the allowable fonts, we have discovered that the list of
allowable fonts in Figures 1 and 2 has been inadvertently modified to
specify that ``Future Bold, Modified Condensed'' or ``Gothic'' are the
only two allowable fonts. However, the original font specification
allowed four fonts: Futura Bold, Futura Modified, Futura Condensed, and
Gothic. We have changed the location of the quotation marks and added
commas to make clear in Figures 1 and 2 that there are four allowable
fonts, not two.
Kojin Kitao requested three clarifications regarding Figures 1 and
2: (1) Whether the DOT symbol and the TIN, or the TIN alone, must be in
the specified fonts; (2) whether the entire TIN can be laser etched on
a tire as in the proposed Figures 1 and 2, or whether only the date
code may be laser etched as specified in Sec. 574.5(d)(1); and (3)
clarification on the location of the certification symbol and TIN on
certain tires where it appeared that proposed Figure 1 had duplicate
language. First, although the proposal stated that both the
certification symbol and the TIN must be in the specified fonts, the
version of Figures 1 and 2 in this final rule applies the font
requirement solely to the TIN. We did not discuss this change in the
preamble and did not intend the font requirement to apply to the
certification symbol. Second, we intended to allow only the date code
to be laser etched on a tire as specified in Sec. 574.5(d)(1). We have
eliminated contrary language from Figures 1 and 2 suggesting that other
information may be laser etched. Third, we recognize that the proposed
language in Figures 1 and 2 regarding the location on the tire for the
certification symbol and DOT code contains duplicate language, and we
have corrected this duplication. These changes are reflected in this
final rule.
Tire Rack included two additional suggestions in its comments.
First, it requested that NHTSA standardize the location of the
certification symbol by allowing it only to the left of the TIN. Tire
Rack requested that NHTSA eliminate Option 2 as depicted in
[[Page 19558]]
Figures 1 and 2, which allows the certification symbol to be located
above or below the TIN. Tire Rack observed that it had not seen any
tires using Option 2 and believes that its use in the future could only
cause confusion. Second, Tire Rack suggested that the branding of TINs
on tires should be limited to smooth locations on the sidewall and be
prohibited from being branded over multiple background surfaces.
We have not adopted these suggested changes. It was not our intent
in this rulemaking to make substantive changes to the labeling of the
TIN on the tire, other than to accommodate a longer plant code and TIN,
and we consider these comments to be outside of the scope of this
rulemaking. Moreover, we are concerned that these changes would
eliminate flexibility for manufacturers without necessarily improving
the ability of the TIN to be quickly understood in order to facilitate
safety recalls.
Zhongce and GASS also identified errors in the pictures depicted in
Figures 1 and 2. Specifically, some of the dimension lines did not line
up with the dimensioning arrows. These errors have been corrected in
this final rule.
We received suggestions from GASS and Tire Rack to specify required
spacing between the three groupings of symbols of the TIN. We have not
adopted this suggestion, because we are concerned that it will
eliminate a cost-effective option for converting existing tire molds to
a 13-symbol TIN. RMA has suggested that the modification of existing
molds that are transferred to new plants will not simply involve the
insertion of a ``1'' in front of the TIN. A mandatory minimum space
between the groupings could prevent manufacturers from placing symbols
between the existing groupings in order to use 13-symbol TINs on
existing molds. We do not seek to impose costs unnecessarily; if this
is a cheaper approach to achieve a clearly legible 13-symbol TIN, we
would want manufacturers to be able to take advantage of it.
VII. Other Suggested Changes and Technical Amendments
NTSB and SRS \10\ commented that the agency should alter the TIN to
change the format of the date code. SRS requested that NHTSA use a non-
coded date of manufacture. Currently, the last four numbers represent
the week and year of manufacture of a tire. The commenters did not
specify, however, how NHTSA should require the date of manufacture to
be presented on the tire.
---------------------------------------------------------------------------
\10\ SRS also raised other matters in its comments. However,
none of those matters are related to this rulemaking.
---------------------------------------------------------------------------
Given that we did not propose any changes to the date code portion
of the TIN, nor did we discuss or request comment on any potential
changes to the date code, such a change may be beyond the scope of this
rulemaking. Even if it were in scope, however, we do not believe a
change to the date code is necessary for consumers to determine when
their tires were manufactured. NHTSA's tire consumer Web site, https://www.safercar.gov/tires/, explains in several places how to
find and interpret the date code. Furthermore, a person should easily
be able to determine the location of the date of manufacture on a tire
is located either by querying an internet search engine or by asking a
tire dealer.
NTSB and Tire Rack suggested that the use of partial TINs on some
tires has not allowed consumers to have necessary information about
their tires and requested that full TINs be required on both sides of a
tire. This suggestion is beyond the scope of this rulemaking. We did
not discuss or propose any changes to the placement of the TIN on one
or both sidewalls.
NTSB also suggests that NHTSA enhance the usability of TIN coding
by requiring that any coding used by manufacturers be reported to NHTSA
and be made public. NTSB particularly notes that the manufacturer,
brand name, model, size, and date of manufacture be made available. We
are not making the suggested changes. The information referenced by
NTSB is already required to be marked on the sidewall of any tire
certified to FMVSS requirements. We do not believe that safety would be
improved by requiring this information to be additionally included in
the TIN itself.
GASS stated that in the first sentence of proposed Sec.
574.5(a)(3) specifying marking requirements for non-pneumatic tires,
the agency should specify that, instead of saying the TIN has to be
placed ``onto one side of'' the tire, the agency should specify that it
be placed ``onto at least one side of'' the tire. GASS reasoned that
this change would be consistent with requirements for other types of
tires. We agree, and we have made this suggested change.
GASS raised other technical issues that we have not adopted. First,
GASS suggested that proposed Sec. 574.5(b)(1) and (b)(3) be modified
to make explicit references to Figures 1 and 2, as we have done in
Sec. 574.5(b)(2). We do not believe this change is necessary. Second,
GASS suggested that the list of authorized symbols in Sec. 574.5(f)
has the letter ``I'' instead of the number ``1''. This is not correct.
The number ``1'' was used in the NPRM. Third, GASS suggested that the
list be modified to make explicit notations of the symbols that are
letters and those that are numerals. We do not believe this change is
necessary because the context in which the information is presented
(alphabetical and numerical order) makes clear which symbols are
letters and which are numbers.
RMA stated that in proposed Sec. 574.5(a)(4) regarding the
labeling of tires manufactured for mileage-contract purchasers, NHTSA
incorrectly converted 0.25 inches into 13 millimeters rather than 6
millimeters. We agree that this conversion was incorrect. We have
included the correct metric conversion in this final rule.
Finally, we sought comment on whether it is necessary to make any
technical amendment to any of the tire labeling regulations in light of
the proposed changes. RMA suggested several other technical amendments
that were necessary. First, RMA suggested that NHTSA amend S5.5.1(b) of
FMVSS No. 139, which includes language that allows optional codes to be
excluded from partial TINs allowed on one sidewall of a tire. However,
this final rule does not completely eliminate optional codes. Existing
plants with two-symbol plant codes will be allowed to continue to use
the old TIN format. Thus, it would be premature to remove the reference
to optional codes in FMVSS No. 139.
Second, RMA stated that the Early Warning Reporting (EWR)
regulations in 49 CFR 579.26 contain three references that should be
corrected. First, the general provisions specify that manufacturers
located in the United States may report ``the two-character DOT
alphanumeric code'' identifying the production plant. In addition,
paragraphs (a) and (d) contain references to ``tire type codes'' which,
under the new TIN format, would be the manufacturer's code. We agree
that 49 CFR 579.26 requires technical corrections for consistency with
the changes to part 574, and have included RMA's suggested technical
corrections in this final rule.\11\
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\11\ RMA also provided a list of non-regulatory changes that RMA
believes are necessary to accommodate this final rule. RMA included
suggested changes to the instructions for EWR reporting, the
templates for EWR reporting, and potential changes to the Artemis
database system. We will consider whether the changes to the EWR
reporting instructions and templates are necessary. We believe that
the Artemis database system is presently capable of accommodating
three-symbol plant codes.
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[[Page 19559]]
VIII. 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 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 final rule will impose costs upon some existing 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 final rule will impose at most negligible
costs. Manufacturers constructing new molds for a new plant should be
able to comply with the new TIN requirements at no additional cost. For
existing plants, new tire manufacturers will be required to modify any
molds still in service in 10 years to accommodate a three-symbol plant
code and a 13-symbol TIN. As discussed in more detail in section V,
above, we expect that, for existing plants, this final rule will result
in a one-time cost of approximately $31.7 million to modify molds to
accommodate a three-symbol plant code and a 13-symbol TIN. We estimate
that this cost could be spread out over all tires produced over a 13-
year period, resulting in an increase in cost per tire of less than one
cent.
We do not believe that the safety benefits of this final rule can
be expressly quantified, but we anticipate that these 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
plant 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 eliminates 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 final rule under the
Regulatory Flexibility Act. I certify that this final rule will not
have a significant economic impact on a substantial number of small
entities. This final rule would directly impact manufacturers and
retreaders of tires for use on all motor vehicles. Although we believe
many manufacturers affected by this final rule are considered small
businesses, we do not believe this final rule will have a significant
economic impact on those manufacturers. We expect that many changes
that need to be made by manufacturers as a result of this final rule be
done during the normal mold replacement cycle at no additional cost to
manufacturers. The new tire manufacturers that would bear the costs of
this rule as discussed in section V, above, are not small businesses.
Although some retreaders are likely small businesses, we believe that
they can make the modifications required by this final rule without
incurring significant costs. The process by which retreaders label
tires with TINs is different than for new tire manufacturers.
Retreaders do not label TINs on tires using tire molds; rather, they
use smaller, less expensive means for labeling tires. We do not believe
that this final rule would cause retreaders to modify molds, and we
believe that any modifications to TIN labeling methods necessary to
comply with this rule could be made at minimal cost.
C. Executive Order 13132 (Federalism)
NHTSA has examined today's final rule 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 19560]]
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 no
information collection requirement associated with this final rule.
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 final rule.
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 final rule will 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. 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.
J. 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
49 CFR Part 574
Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.
49 CFR Part 579
Motor vehicle safety, Reporting and recordkeeping requirements,
Tires.
In consideration of the foregoing, NHTSA amends 49 CFR parts 574
and 579 as follows:
PART 574--TIRE IDENTIFICATION AND RECORDKEEPING
0
1. Revise the authority citation for part 574 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 or non-pneumatic tire assembly
must permanently mold, stamp, or otherwise permanently mark into or
onto at least 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.
(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 6 mm (0.25
inch) high the phrase ``for mileage contract use only''.
(5) Optional phase-out of two-symbol plant code. NHTSA will assign
to tire manufacturers who were previously assigned a plant code
consisting of two symbols 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 until April 13, 2025. Manufacturers who
use a two-symbol plant code must comply with paragraph
[[Page 19561]]
(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 April
13, 2025.
(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) 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 April 13, 2025.
(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, ``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.
[[Page 19562]]
[GRAPHIC] [TIFF OMITTED] TR13AP15.004
[[Page 19563]]
[GRAPHIC] [TIFF OMITTED] TR13AP15.005
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.
PART 579--REPORTING OF INFORMATION AND COMMUNICATIONS ABOUT
POTENTIAL DEFECTS
0
3. The authority citation for part 579 continues to read as follows:
[[Page 19564]]
Authority: 49 U.S.C. 30102-103, 30112, 30117-121, 30166-167;
delegation of authority at 49 CFR 1.95 and 49 CFR 501.8.
0
4. Amend Sec. 579.26 by:
0
a. Revising the fifth sentence of the introductory text;
0
b. Revising the first sentence of paragraph (a); and
0
c. Revising the second sentence of paragraph (d).
The revisions read as follows:
Sec. 579.26 Reporting requirements for manufacturers of tires.
* * * For purposes of this section, the two- or three-character DOT
alphanumeric code for production plants located in the United States
assigned by NHTSA in accordance with Sec. Sec. 574.5 and 574.6 of this
chapter may be used to identify ``plant where manufactured.'' * * *
(a) Production information. Information that states the
manufacturer's name, the quarterly reporting period, the tire line, the
tire size, the tire type code or manufacturer's code, the SKU, the
plant where manufactured, whether the tire is approved for use as
original equipment on a motor vehicle, if so, the make, model, and
model year of each vehicle for which it is approved, the production
year, the cumulative warranty production, and the cumulative total
production through the end of the reporting period. * * *
* * * * *
(d) Common green tire reporting. * * * For each specific common
green tire grouping, the list shall provide all relevant tire lines,
tire type codes or manufacturer's code, SKU numbers, brand names, and
brand name owners.
Issued on April 3, 2015 in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.5.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015-08418 Filed 4-10-15; 8:45 am]
BILLING CODE 4910-59-P