Tire Identification and Recordkeeping; Tire Identification Symbols

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 574

[Docket No. 99-5928]

RIN 2127-AH10

Tire Identification and Recordkeeping; Tire Identification

Symbols

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: NHTSA's tire identification and recordkeeping regulation

requires new tire manufacturers and tire retreaders to mark a tire

identification number on one sidewall of each tire they produce. The

number is composed of the manufacturer's or retreader's identification

code, a tire size symbol, an optional descriptive code, and the date of

manufacture, which includes the date of retreading. The date is

reflected in the last 3 digits of the number.

In response to petitions for rulemaking, the agency is amending the

regulation to require the date to be expressed in 4 digits instead of

the currently required 3, and to reduce the minimum size of the digits

from the currently required minimum of 6 millimeters (mm) (\1/4\ inch)

to 4 mm (\5/32\ inch). The 4-digit date code will permit better

traceability of tires during recalls and allow easier identification of

older tires. Reducing the size of the date code from 6 mm to 4 mm will

relieve manufacturers and retreaders of the burden they might otherwise

incur by having to redesign their tire molds to accommodate the

additional digit, without significantly affecting the readability of

the date code digits. Finally, these amendments will enhance

harmonization by bringing the U.S. tire date code requirements into

harmony with the new United Nations' Economic Commission for Europe

regulation and the International Organization for Standardization

recommended practice.

DATES: Effective date: The amendments in this final rule become

effective July 2, 2000. Optional early compliance is permitted,

commencing on the date of publication of this final rule in the Federal

Register.

Petitions for reconsideration of this final rule must be received

by this agency not later than September 7, 1999.

ADDRESSES: Petitions for reconsideration should be submitted to the

Administrator, National Highway Traffic Safety Administration, 400

[[Page 36808]]

Seventh Street, SW, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Scott, Safety Standards

Engineer, Office of Crash Avoidance Standards, National Highway Traffic

Safety Administration, 400 Seventh Street, SW, Washington, DC 20590;

telephone (202) 366-8525; fax (202) 493-2739.

SUPPLEMENTARY INFORMATION:

A. Background.

Section 574.5 of Title 49, Code of Federal Regulations, Tire

identification requirements, sets forth the methods by which new tire

manufacturers and new tire brand name owners identify their tires for

use on motor vehicles. The section also sets forth the methods by which

tire retreaders and retreaded tire brand name owners identify tires for

use on motor vehicles. The purpose of these requirements is to

facilitate the notification of tire purchasers if their tires were

found to be defective or not in compliance with applicable Federal

motor vehicle safety standards.

Section 574.5 requires each new tire manufacturer and each tire

retreader to mold a Tire Identification Number (TIN) into or onto one

sidewall of each tire produced, in the manner and location specified in

the section and as depicted in the regulation. The TIN is composed of

four groups of letters and/or numbers:

(1) The first group of two or three symbols, depending on whether

the tire is new or retreaded 1, represents the

manufacturer's identification mark assigned to such manufacturer by

NHTSA in accordance with Sec. 574.6;

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\1\ New tire manufacturers are assigned a 2-digit identification

mark, while tire retreaders are assigned a 3-digit identification

mark.

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(2) The second group of no more than two symbols represents the

tire size for new tires or, for retreaded tires, the retread matrix in

which the tire was processed. If no matrix was used, the second group

represents a tire size code;

(3) The third group, consisting of no more than four symbols, may,

at the option of the manufacturer, be used as a descriptive code for

identifying significant characteristics of the tire. If the tire was

produced for a brand name owner, the third grouping must identify such

brand name owner; and

(4) The fourth group, composed of three symbols, identifies the

week and year of manufacture. The first two symbols identify the week

of the year, starting with ``01'' to represent the first full week of

the calendar year, and the third symbol represents the year. For

example, ``218'' would represent the 21st week of 1998.

NHTSA originally proposed the requirement for a TIN in response to

the May 22, 1970 amendments to the National Traffic and Motor Vehicle

Safety Act of 1966 (Safety Act) 2. Those amendments

required, among other things, that manufacturers and brand name owners

of new and retreaded motor vehicle tires maintain records of the names

and addresses of the first retail purchasers of tires in order to

facilitate notification of those purchasers if the tires were found to

be defective or noncompliant.

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\2\ The National Traffic and Motor Vehicle Safety Act of 1966,

Pub. L. 89-563, was originally codified at 15 U.S.C. 1581 et seq.

However, it was recodified in 1995 and is now found at 49 U.S.C.

30101 et seq.

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The agency believed that an essential element of an effective

defect or noncompliance notification system for tire purchasers was an

effective method of tire identification. Accordingly, on July 23, 1970,

we published a Notice of Proposed Rulemaking (NPRM) (35 FR 11800)

proposing to establish a tire identification system. The proposed

system provided a means of identifying the manufacturer of the tire,

the DOM, the tire size and, at the option of the manufacturer,

additional information to further describe the type or other

significant characteristics of the tire. The proposed TIN was composed

of four groups of symbols: the first group contained the manufacturer's

identification mark which would be assigned by NHTSA; the second group

identified the tire size by a two-symbol code; the third group of four

symbols identified the tire's DOM, the first two symbols of which would

indicate the week, and the last two the year; and the fourth grouping

reflected the manufacturer's optional description of the tire. The

symbols were to be a minimum of 1/4 inch high and were to appear on

both sidewalls of the tire.

In a final rule published on November 10, 1970 (35 FR 17257), the

agency revised the requirements proposed in the NPRM in response to the

suggestions of various commenters. We reversed the order of the

manufacturer's optional information and the DOM, so that the latter

would appear in the fourth grouping and the manufacturer's optional

information would appear in the third grouping. We also provided that

the TIN need only appear on one sidewall, and that the symbols need

only be \5/32\ inch high on tires with a bead diameter of less than 13

inches or less than 6 inches cross section width. Many commenters

requested that the date code be expressed in alpha-numeric form in

order to reduce the date symbol to two digits. NHTSA declined to adopt

the alpha-numeric system because it could be confusing to the public

and because retreaders may not be able to easily determine the age of

the casing to be retreaded. In order to shorten the stencil plate,

however, we reduced the date code group from four digits to three.

B. The Petitions

(1) Rubber Manufacturers Association (RMA). The RMA is the primary

national trade association for the finished rubber products industry in

the U.S. The RMA petitioned the agency to amend 49 CFR 574.5 to permit

a 4-digit date code and to reduce the size of the lettering from 6 mm

(\1/4\ inch) to 4 mm (\5/32\ inch).

The RMA explained that the ISO Technical Committee 31 on tires

recommended the approval of a 4-digit DOM code, beginning in January

2000. RMA further stated that the United Nations' Economic Commission

for Europe (ECE) has also authorized the use of a 4-digit date code

commencing in January 2000. RMA suggested that if a 4-digit date code

were adopted, the first 2 digits would represent the week and the last

2 the year of manufacture. For example, 0100 would mean the first full

week of January 2000. RMA further suggested that an appropriate phase-

in period be allowed during which use of either the 3 or 4 digit date

code would be permitted. In order to avoid having to modify existing

molds, RMA suggested that the addition of the fourth digit be offset by

reducing the minimum size of the digits from 6 mm (\1/4\ inch) to 4 mm

(\5/32\ inch), regardless of tire size. Finally, RMA stated that such

modification would bring the U.S. requirements into harmony with the

ECE regulation and the recommendation by the committee of the

International Organization for Standardization (ISO), and would allow

better traceability and identification of older tires.

(2) European Tyre and Rim Technical Organisation (ETRTO). Based in

Brussels, Belgium, the ETRTO is the European standardization authority

for the establishment and promulgation of interchangeability standards

for pneumatic tires, rims, and valves. The ETRTO submitted a petition

for rulemaking, nearly identical to that of the RMA, which cited the

ECE regulations and the ISO recommendations and suggested amending

Sec. 574.5 to permit a 4-digit date code effective in January 2000. The

first 2 digits would represent the week and the last 2 would represent

the year of manufacture. Again, in order to avoid modification of

existing tire molds, ETRTO requested reduction of the

[[Page 36809]]

height of the digits from 6 mm (\1/4\ inch) to 4 mm (\5/32\ inch),

regardless of tire size. ETRTO also asserted that the requested

amendments would bring U.S. requirements into line with the ECE

regulations and ISO recommendations, and that the amendments would

allow better traceability of tires and identification of old tires.

C. Notice of Proposed Rulemaking

NHTSA granted the petitions and published an NPRM on October 19,

1998 (63 FR 55832), proposing to amend the date of manufacture grouping

in the TIN to increase the digits in the group from 3 to 4. We also

proposed to reduce the minimum size of the numbers in the date code

from 6 mm (\1/4\ inch) to 4 mm (\5/32\) inch. An effective date of

January 1, 2000 was proposed. We stated in the NPRM that we believed

that these proposed amendments to the date code would permit better

traceability of tires in the event of a recall and would enhance

harmonization of the date code with the ECE and ISO regulation and

practice.

D. Comments on the NPRM

The agency received comments from CIMS of Akron, OH, which provides

tire identification services to the tire and retread industries;

Advocates for Highway and Auto Safety (Advocates), of Washington, DC;

Consumer Federation of America (CFA), also of Washington, DC; two

comments from the International Tire and Retreaders Association, Inc.

(ITRA), of Louisville, KY, a member organization representing companies

in the tire and transportation industries; and the Oliver Rubber

Company for the Tread Rubber and Tire Repair Materials Manufacturer's

Group (TRMG), a trade association composed of companies that

manufacture tread rubber for use in retreading tires, repair materials

for use in repairing tires, and related products and services.

Significant issues submitted by the commenters are summarized as

follows:

(1) Increasing the DOM Digits From 3

to 4

All commenters on this issue supported adding a fourth digit to the

date code. CIMS stated that this would help eliminate some confusion in

trying to determine the actual date of manufacture of a tire. ITRA and

TRMG both fully supported the proposal to increase the number of digits

from 3 to 4. ITRA stated that the new markings would give a clear

understanding of the actual decade in which the tire was produced and

eliminate any confusion that was brought about as a result of the old

markings. TRMG also fully supported the proposal to increase the number

of digits from 3 to 4, stating that the new markings would clearly show

the decade in which the tire was produced and eliminate any confusion

that has occurred with the present system.

(2) Reducing the Size of the Numbers

ITRA was concerned about the reduction in the size of the numbers

insofar as assuring that 4 mm would be a minimum size rather than a

specifically-required size, thus allowing molded or branded numbers to

be of a larger size when considered necessary. ITRA also indicated

support for the proposal to permit use of the 4-digit date code prior

to its mandatory compliance date.

TRMG, whose members are also members of ITRA, supported the

comments of ITRA and urged that the proposed 4 mm size be a minimum

size, thereby permitting the use of larger sizes when necessary or

desirable.

Advocates opposed our proposal to reduce the size of the numbers,

arguing that we are proposing to reduce the size of the digits by \1/3\

while the number of older people in the United States is increasing.

Advocates stated that, as people age, they tend to experience a wide

variety of visual pathologies such as cataracts, glaucoma, macular

degeneration, and other degradations of static acuity, which is

especially common among older people with diabetic-related disorders.

Advocates stated that hundreds of thousands of people may have

excellent static acuity of 20/20 Snellen, yet have extraordinarily poor

contrast vision or Contrast Sensitivity Function (CSF). Thus, Advocates

asserted that because tire sidewall information consists of letters and

numerals in black-on-black relief, the lowest possible contrast

conditions, reduction in the size of the numerals will result in a

significant portion of the population being unable to read the date

code. Advocates further suggested that the proposal was not consistent

with the philosophy underlying the Americans With Disabilities Act

(ADA).

CFA asserted that the TIN figures should be increased in size

rather than decreased. CFA urged NHTSA to develop more pronounced ways

to display information on tire sidewalls, thereby making it easier for

consumers who know about it to use it or attract the attention of those

that are not aware of it. CFA argued that NHTSA needs to require safety

and performance information to be prominently and clearly displayed in

order to encourage the marketplace, rather than regulation, to produce

safer and better performing products. In closing, CFA stated that it

concurs with the positions taken by Advocates, summarized above.

Although CIMS did not specifically oppose reduction of the size of

the numbers, it commented that ``(e)xperience would tell whether this

keeps the same readability or decreases it if the change is made.''

(3) Marking the TIN on Both Sidewalls

CIMS suggested that the TIN be marked on both sidewalls, citing as

an example a particular tire recall in which many dealers were required

to raise the vehicle on a hoist in order to check the TIN that appeared

on the inside of the mounted tire. CIMS asserted that although the

industry sought to limit the TIN to one sidewall to avoid the cost and

safety considerations of changing it each week on both sides of the

tire, it would be easier both for the purchaser of the tire and the

tire dealer in the event of a recall. CIMS argued that registration

percentages are too low, resulting in many recalled tires remaining in

service, possibly because the purchaser did not receive the

notification because it was too difficult for anyone to check the TIN.

(4) Keep Current Requirements for Retreads

CIMS stated that NHTSA did not solicit comments or information with

respect to the problems of retreaders. CIMS pointed out that many

retreaders are small businesses and that any changes could result in

increased costs to them. CIMs argued that retreaded tires are not kept

in the pipeline as long as new tires, therefore it seems unnecessary

for retreaders to incur the additional cost of this change. Even if

this change would result in only a minor materiel charge, CIMS asserted

that there would be a significant retooling charge to retreaders and

suppliers. Finally, CIMS stated that retreaders who still use hand-

punched tins would have to change their dies to add the additional

digit when they punch in the TIN. CIMS stated that this would increase

costs, including increased labor costs.

E. Discussion

(1) 4-Digit Date Code

NHTSA continues to believe that a 4-digit date code would aid in

the identification of tires during recall campaigns. As discussed in

the Background section above, we originally proposed a 4-digit date

code for the TIN, but in response to suggestions of

[[Page 36810]]

commenters, reduced the code from 4 digits to 3 in order to shorten the

stencil plate to conserve sidewall space. The 3-digit code presented no

identification problems during the 1970's because the requirement was

new and tires with date codes were obviously built in that decade.

There still were no problems in the 1980's because it was easy to

distinguish between the newly popular radial tires and the bias-ply

tires of the 1970's.

In the 1990's, however, the physical differences between radial

tires produced in the previous decade were not readily apparent. One

could not be sure, therefore, in which decade a given tire was

produced. Accordingly, we believe that in order to avoid any further

confusion as to when a tire was produced, the time has come to add a

4th digit to the date code. As stated in the Comments section above,

all commenters on the issue, as well as the petitioners, RMA and ETRTO,

support adding a 4th digit to the date code. NHTSA has decided to

require that a 4th digit be added to the date code grouping of the TIN

so that the week of manufacture will be expressed in the first 2 digits

and the year of manufacture will be expressed in the last 2 digits.

(2) Reducing Digit Size

As discussed in section A(1) above, the agency established a defect

and noncompliance notification system in accordance with amendments to

the Safety Act of May 22, 1970. Thus, in our NPRM of July 23, 1970, we

explained that the amendments to the Safety Act required tire

manufacturers, retreaders, and brand name owners to maintain records of

the names and addresses of new and retreaded tire purchasers ``in order

to facilitate notification to that purchaser in the case of defective

tires or tires that do not comply with an applicable Federal motor

vehicle safety standard'' (35 FR 11800) (emphasis added). We also

explained that the tire identification system that we proposed in that

NPRM was intended to provide ``a suitable method of identifying the

tires involved.'' Id.

Advocates and CFA opposed reducing the size of the numbers in the

TIN on the basis that such reduction would make it more difficult for

consumers to see, especially those with visual pathologies. These

commenters, however, did not provide any data showing that drivers

cannot read 4 mm figures. Moreover, our experience to date with 4mm

figures on tires suggests that figures of that size do not present a

problem. For those familiar with font sizes, 4 mm is approximately the

equivalent of font size 16 in Windows 95, which is approximately double

the font size used in this Federal Register and also approximately

double the size of the letters found on a U.S. quarter. By way of

another example, the Uniform Tire Quality Grading Standards (UTQGS) (49

CFR Sec. 575.104) are intended to establish a tire grading system for

consumer information, and the size of the tire grades marked on the

tire sidewalls has always been 4 mm (5/32 inch). In the nearly 25 years

since establishment of the UTQGS, we have not received a single

complaint that those letters and numbers were too small to read. In

addition, Part 574 permits tires of less than 13-inches in diameter or

those of less than 6-inches cross section width to have a letter/number

size of 4 mm, again with no complaints.

We would also like to discuss the following point suggested by

Advocates, as follows:

Given the public philosophy that underlies the Americans with

Disabilities Act , i.e. to increase the accommodation of a wide

array of Americans whose needs are not met by current practices

involving, among other things, the task of visual detection and

comprehension, Advocates believes that NHTSA has offered a proposed

amendment without any foundation in the administrative record of

this rulemaking.

Advocates letter of December 17, 1998 to U. S. DOT Docket

Management, page 5.

Title II of the Americans with Disabilities Act of 1990 (ADA)

provides: No qualified individual with a disability shall, by reason

of such disability, be excluded from participation in or be denied

the benefits of the services, programs, or activities of a public

entity, or be subjected to discrimination by any such entity.

42 U.S.C. 42132.

The primary benefit provided by the TIN is that tires subject to

recall notices can be identified and replaced. The change in the size

of the numbering does not deny persons with poor vision this benefit

because even if the person has difficulty seeing the date code, dealers

and repair personnel will still be able to identify the tires and

effectuate the recall. The ADA does not prescribe a particular type

size for information provided by government agencies. The nearest

comparison is in the aviation consumer protection context where

restriction on airfares are required to be in 10 or 12-point type,

depending on the size of the advertisement. See Morales v. TWA, 504

U.S. 374 (1992). The size of the date code numbers prescribed in this

rule is the equivalent of 16-point type, approximately 25 percent

larger than 12-point type.

While it is unclear how many people have inadequate static acuity

or impaired CSF that would make it difficult to read 4 mm numbers, a

person so impaired can be reasonably accommodated through the use of a

magnifying glass or by simply asking repair personnel to check the tire

numbers against any recall notices. The U.S. Supreme Court recently

held that a physical impairment must be evaluated in light of

corrective measures such as eyeglasses. See Sutton v. United Airlines,

____ U.S. ____ (1999). It is therefore unclear at this time whether

persons with inadequate static acuity or impaired CSF that would make

it difficult for them to see the 4 mm numbers have a disability covered

by the ADA.

(3) Marking the TIN on Both Sidewalls

Although this issue is beyond the scope of our proposals in the

NPRM, we wish to discuss the issue anyway. The agency addressed the

issue of marking the TIN on both sidewalls in the final rule of

November 10, 1970 (35 FR 17257) in which we established the TIN. We

originally proposed in the NPRM of July 23, 1970 (35 FR 11800) that the

TIN be marked on both sidewalls. Many tire manufacturers responded by

suggesting that the TIN be marked on only one sidewall because first of

all, one sidewall was sufficient for recordkeeping purposes. Secondly,

the commenters stated that marking the TIN on both sidewalls would

create a serious safety hazard for the factory machine operators in

that they would have to work inside the jaws of each open tire press in

order to position identification plates on both sidewalls. Some

manufacturers further commented that its unions had objected to their

members working under such hazardous conditions. We were persuaded by

the manufacturers' comments and decided that since first purchasers

receive direct notification from the manufacturer by certified mail in

the event of a recall and because of the production hazards involved,

the TIN need be marked on only one sidewall of the tire. We believe

that our rationale in the November 10, 1970 final rule remains valid.

(4) Keep Current Requirements for Retreads

As noted in greater detail below, the agency believes that

increasing the DOM code from 3 digits to 4 will not result in any cost

increases or other burden for either the new and retread tire

industries. Further, although there are still some small businesses

retreading tires, the retread tire industry in general has in recent

years experienced considerable consolidation, so that many of today's

retreaders are

[[Page 36811]]

franchisees. Finally, we note that ITRA, RMA, and ETRTO all supported

both adding the 4th digit and decreasing the size of the digits from 6

mm to 4 mm. ITRA is an international trade association representing

those segments of the transportation industry that manufacture, sell,

repair, service, recycle, or use new or retreaded tires, as well as

those individuals or suppliers that furnish equipment, materiel, or

services to the transportation industry. As explained above, the RMA is

the primary national trade association for the finished rubber products

industry in the U.S., and the ETRTO is the European standardization

authority for the establishment and promulgation of interchangeability

standards for pneumatic tires, rims, and valves. None of these

associations expressed any reservations with respect to the impact of

these amendments on tire retreaders. Further, CIMS provided no backup

data to support its assertions. We believe, therefore, that the

concerns expressed in CIMS'' comments are not representative of those

of the tire retreading industry in general and do not justify our

creating different marking systems for new and retreaded tires.

(5). Harmonization With National, Regional and International

Requirements

Although no commenters addressed this issue, harmonization remains

one of the agency's goals, particularly in those instances in which

NHTSA can raise the level of its standards through harmonizing with a

higher non-U.S. requirement. We already know that the European

community and Japan will require the 4-digit, 4 mm date code commencing

January 1, 2000. The agency believes that harmonizing our date code

requirements with those of Europe and Japan makes sense, since it also

is to our advantage by making the dates of manufacture of tires easier

to ascertain for the agency as well as the industry. In addition, by

not harmonizing our requirements with theirs, needless additional costs

could be incurred by both domestic and foreign tire manufacturers who

export tires into and out of the United States. Thus, the agency

believes that adding a 4th digit to the date code and reducing the

minimum size of the digits to 4 mm is consistent with our goal of

higher safety through upward harmonization.

F. Agency Decision.

For the reasons enumerated in the Discussion section above, the

agency has decided to amend 49 CFR 574.5 to change the date of

manufacture grouping in the tire identification number, also known as

the date code, which is the fourth grouping of digits. Effective July

2, 2000, the number of digits in the date code will be increased from 3

to 4, the first 2 digits representing the week of manufacture and the

last 2 digits representing the year of manufacture. Thus, the numbers

0100 would represent the first full week of January 2000. In addition,

the minimum size of those digits is reduced from 6 mm (\1/4\ inch) to 4

mm (\5/32\ inch) for all tire sizes in order to fit within the tire

molds currently utilized by tire manufacturers. Early compliance with

these requirements will be permitted effective upon publication of this

rule in the Federal Register.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This document has not been reviewed under Executive Order 12866,

Regulatory Planning and Review.

NHTSA has analyzed the impact of this rulemaking action and has

determined that it is not ``significant'' within the meaning of the

DOT's regulatory policies and procedures. This action amends the tire

identification number required by 49 CFR 574.5 to be marked on all

tires sold in the United States. Specifically, this proposal increases

the number of digits in the date of manufacture grouping of the tire

identification number from 3 to 4, and permits a reduction in the size

of those digits so that the 4 digits will fit within the same ``plug''

in the tire molds in which the currently-required 3 digits fit. That

permits tire manufacturers and retreaders to use the same molds that

they do now, thereby relieving them of the necessity of absorbing the

costs of constructing new molds. Date codes are changed weekly by

manufacturers and with an approximately 1-year phase-in period,

manufacturers will have ample opportunity to phase-in the new 4-digit

date code without having to redesign their tire molds. For these

reasons, the agency believes that implementation of the amendments

herein will not result in any increased costs to tire manufacturers,

distributors, dealers, or consumers. Accordingly, the agency has

concluded that preparation of a full regulatory evaluation is not

warranted.

B. Regulatory Flexibility Act

NHTSA has considered the effects of this rulemaking action under

the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. I hereby certify

that this rulemaking action will not have a significant impact on a

substantial number of small entities.

The following is the agency's statement providing the factual basis

for the certification (5 U.S.C. 605(b)). The amendments implemented

herein will primarily affect manufacturers and retreaders of motor

vehicle tires. The Small Business Administration (SBA) regulation at 13

CFR Part 121 defines a small business as a business entity which

operates primarily within the United States (13 CFR 121.105(a)).

SBA's size standards are organized according to Standard Industrial

Classification (SIC) codes. SIC code No. 3711, Motor Vehicles and

Passenger Car Bodies, prescribes a small business size standard of

1,000 or fewer employees. SIC code No. 3714, Motor Vehicle Part and

Accessories, prescribes a small business size standard of 750 or fewer

employees.

The amendments promulgated in this rulemaking action merely

increase the number of digits in the date of manufacture symbol in the

tire identification number from 3 digits to 4, and permit a reduction

in the size of those digits from 6 mm (\1/4\ inch) to 4 mm (\5/32\

inch). The purpose of these changes is to make tires more easily

traceable in the event of a defect or noncompliance, to allow easier

identification of old tires, and to harmonize U.S. requirements with

those of the European Community and Japan. These amendments were

requested by the trade organizations that represent the major tire

manufacturers in both the U. S. and Europe. In particular, the

reduction in the size of the digits will be beneficial so that tire

manufacturers would be spared the expense of designing and making new

tire molds. NHTSA believes, therefore, that the amendments promulgated

herein will not impose any increased costs or other burdens on tire

manufacturers, most, if not all, of which would not qualify as small

businesses under SBA guidelines. Further, these amendments will not

result in any increase in costs for small retreaders and other small

businesses or consumers. Accordingly, we believe that there will be no

significant impact on small businesses, small organizations, or small

governmental units by these amendments. For those reasons, the agency

has not prepared a regulatory flexibility analysis.

C. Executive Order No. 12612, Federalism

NHTSA has analyzed this rulemaking action in accordance with the

principles and criteria of E.O. 12612 and has determined that this rule

does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

[[Page 36812]]

D. National Environmental Policy Act

NHTSA has analyzed this rulemaking action for the purposes of the

National Environmental Policy Act and has determined that

implementation of this rulemaking action will have no significant

impact on the quality of the human environment.

E. Paperwork Reduction Act

The amendments requiring tire manufacturers to designate the date

of manufacture of their tires in 4 digits instead of the currently

required 3 and to reduce the size of the digits from 6 mm to 4 mm

relate to third-party information collection requirements as defined by

the Office of Management and Budget (OMB) in 5 CFR Part 1320. These

amendments create no additional information collection requirements

since the amendments merely make a slight change to the format of

existing requirements.

The information collection requirements for 49 CFR Part 574 have

been submitted to and approved by OMB pursuant to the provisions of the

Paperwork Reduction Act , 44 U.S.C. 3501, et seq. This collection of

information authority for tire information and recordkeeping has been

assigned control number 2127-0503, which expires August 31, 2000.

F. Civil Justice Reform

This rule does not have any retroactive effect. A petition for

reconsideration or other administrative proceeding will not be a

prerequisite to an action seeking judicial review of this rule. This

rule does not preempt the states from adopting laws or regulations on

the same subject, except that it does preempt a state regulation that

is in actual conflict with the Federal regulation or makes compliance

with the Federal regulation impossible or interferes with the

implementation of the Federal statute.

List of Subjects in 49 CFR Part 574

Labeling, Motor vehicle safety, Motor vehicles, Reporting and

recordkeeping requirements, Rubber and rubber products, Tires.

In consideration of the foregoing, 49 CFR part 574 is amended as

follows:

PART 574--TIRE IDENTIFICATION AND RECORDKEEPING

1. The authority citation for part 574 continues to read as

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;

delegation of authority at 49 CFR 1.50.

2. Section 574.5 is amended by revising paragraph (d) and Figures 1

and 2 to read as follows:

Sec. 574.5 Tire identification requirements.

* * * * *

(d) Fourth grouping. For tires produced or retreaded on and after

July 2, 2000, the fourth grouping, consisting of four numerical

symbols, must identify the week and year of manufacture. The first two

symbols 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 final week of each year may include not

more than 6 days of the following year. The third and fourth symbols

must identify the year. Example: 3197 means the 31st week of 1997, or

the week of August 3 through 9, 1997; 0198 means the first full

calendar week of 1998, or the week of January 4 through 10, 1998. The

symbols signifying the date of manufacture must be not less than 4 mm

(5/32 inch) in height and shall immediately follow the optional

descriptive code (paragraph (c) of this section). If no optional

descriptive code is used, the symbols signifying the date of

manufacture must be placed in the area shown in Figures 1 and 2 for the

optional descriptive code.

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3. Section 574.7 is amended by revising Figures 3a and 4, to read

as follows:

Sec. 574.7 Information requirements--new tire manufacturers, new tire

brand name owners.

* * * * * * *

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* * * * * * *

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Issued on: July 2, 1999.

Ricardo Martinez,

Administrator.

[FR Doc. 99-17402 Filed 7-7-99; 8:45 am]

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