[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Rules and Regulations]
[Pages 81409-81414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32528]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 573

[Docket No. NHTSA-2000-8509]
RIN 2127-AI23


Motor Vehicle Safety; Reporting the Sale or Lease of Defective or 
Non-Compliant Tires

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule implements Section 3(c) of the 
Transportation Recall Enhancement, Accountability, and Documentation 
Act (the TREAD Act). Section 3(c) directs us to issue a final rule by 
January 30, 2001, implementing that Act's requirement of the submission 
of reports concerning sales and leases of defective or noncompliant 
tires by certain persons. Accordingly, we are publishing a rule 
requiring any person who knowingly

[[Page 81410]]

and willfully sells or leases for use on a motor vehicle a defective 
tire or a tire not in compliance with applicable safety standards and 
has actual knowledge that the manufacturer of such tire has notified 
its dealers of such defect or noncompliance, to report that sale or 
lease to NHTSA.

DATES: Effective date: This rule is effective January 25, 2001.
    Comments: Comments must be received on or before February 26, 2001.

ADDRESSES: You may submit your comments in writing to: Docket 
Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. 
You may also submit your comments electronically by logging onto the 
Dockets Management System website at http://dms.dot.gov. Click on 
``Help & Information'' or ``Help/Info'' to obtain instructions for 
filing the document electronically.
    Regardless of how you submit your comments, you should mention the 
docket number of this document in our comments.
    You may call Docket Management at 202-366-9324. You may visit the 
Docket from 10 a.m. to 5 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Jennifer T. Timian, Office of Chief 
Counsel, NCC-10, National Highway Traffic Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590, telephone (202) 366-5263.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2000, the TREAD Act, Public Law 106-414, was 
enacted. The statute was, in part, a response to congressional concerns 
related to manufacturers' inadequate reporting to NHTSA of information 
regarding possible defects in motor vehicles and motor vehicle 
equipment, with specific reference to tires. The TREAD Act directs the 
Secretary of Transportation (``the Secretary'') to issue various rules 
to improve reporting of information that is or could be related to 
defects and noncompliances with applicable Federal motor vehicle safety 
standards. The authority to carry out Chapter 301 of Title 49 of the 
United States Code, under which the rules directed by the TREAD Act are 
to be issued, has been delegated to NHTSA's Administrator pursuant to 
49 CFR 1.50.
    Under pre-TREAD law, 49 U.S.C. 30120(i), when a manufacturer of a 
motor vehicle or replacement equipment has notified a dealer (including 
a retailer of motor vehicle equipment) that a new motor vehicle or new 
item of replacement equipment does not comply with a safety standard or 
contains a safety-related defect, the dealer may not sell or lease the 
noncompliant or defective vehicle or equipment, absent certain 
exceptions. Section 30120(i) does not apply to the sale or lease of 
used vehicles or equipment, and there had been media reports during 
congressional consideration of the bill that eventually was adopted as 
the TREAD Act that some persons were selling defective Firestone ATX or 
Wilderness tires that had been returned to dealers for replacement 
tires under an ongoing safety recall. Although Congress chose not to 
explicitly prohibit such sales, it imposed the reporting requirement 
contained in Section 3(c) of the TREAD Act.
    Section 3(c) of the TREAD Act adds a new subsection (n) to 49 
U.S.C. 30166. That subsection directs NHTSA to issue, within 90 days of 
enactment, a final rule requiring any person who knowingly and 
willfully sells or leases for use on a motor vehicle a defective tire 
or a tire which is not compliant with an applicable tire safety 
standard, with actual knowledge that the manufacturer of such tire has 
notified its dealers of such defect or noncompliance as required under 
49 U.S.C. 30118(c) or as required by an order under 49 U.S.C. 30118(b), 
to report that sale or lease to NHTSA.\1\ Under 30166(n)(2), reporting 
of such sales or leases is not required where: (A) Prior to delivery of 
any such tire pursuant to a sale or lease, the defect or noncompliance 
is remedied as required under 49 U.S.C. 30120; or (B) notification of 
the defect or noncompliance is required pursuant to an order issued 
under section 30118(b), but enforcement of the order is restrained or 
the order is set aside in a civil action to which 49 U.S.C. 30121(d) 
applies.
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    \1\ Section 30118(c) requires manufacturers of motor vehicles or 
equipment to provide notification of safety-related defects or 
noncompliances with motor vehicle safety standards to NHTSA, as well 
as to the owners, purchasers and dealers of the vehicle or 
equipment.
    Section 30118(b) authorizes the Secretary to make a final 
decision that a motor vehicle or equipment contains a safety-related 
defect and/or does not comply with an applicable motor vehicle 
safety standard and, in that event, order the manufacturer to give 
notification of the defect or noncompliance to owners, purchasers, 
and dealers of the vehicle or equipment, and order the manufacturer 
to remedy the defect or noncompliance without charge.
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    Under 49 U.S.C. 30165, as amended by section 3(a) of the TREAD Act, 
a person who violates section 30166 or a regulation promulgated 
thereunder, including the requirement being promulgated today, is 
liable for civil penalties of up to $5,000 per violation per day, with 
a maximum penalty for a related series of daily violations of 
$15,000,000.
    In order to implement the statutorily-mandated final rule 
concerning the reporting of knowing and willful sales or leases of 
defective or noncompliant tires, we are amending 49 CFR Part 573 to add 
a new section 573.10. Below is a brief summary and explanation of 
particular requirements of today's rule.

Who Will Be Required to Comply With Sec. 573.10

    Subsection 30166(n) provides that the final rule shall require 
``any person who knowingly and willfully sells or leases for use on a 
motor vehicle a defective tire or a tire which is not compliant with an 
applicable tire safety standard * * * to report such sale or lease to 
the Secretary.'' (emphasis added). In this subsection, Congress chose 
to use the general terms ``any person,'' as opposed to the more 
restricted categories of ``manufacturer''and ``dealer'' used elsewhere 
within Section 30166 and Chapter 301. In view of the breadth of the 
terms ``any person,'' the subsection will not be limited to persons in 
particular classes or categories. Thus, the rule's reporting 
requirements will apply to the actions of all persons, including 
individuals and entities such as corporations.
    To be covered by the rule, however, the person must engage in 
certain activities regarding tires. Subsection 30166(n) and the rule 
apply to all tires used on motor vehicles, including both new and used 
tires. Thus, unlike the limits in subsection 30120(i), subsection 
30166(n) is not limited to new tires, and includes tires that are 
returned to dealers or other parties for replacement as part of a 
safety recall.
    The activities that are covered by the statute and the rule are 
selling or leasing a defective or noncompliant tire ``for use on a 
motor vehicle'' (emphasis added). Congress' terminology in requiring 
reports from persons who sell or lease such tires ``for use on a motor 
vehicle'' effectively limits the applicability of the reporting 
requirement. Today's rule accordingly requires reports from those 
persons who sell or lease defective or noncompliant tires for use on a 
motor vehicle, but not from persons who sell or lease a new or used 
vehicle with a defective or noncompliant tire.\2\ Thus, for example, a 
motor vehicle dealer is not subject to the reporting requirements of 
today's rule except with respect to tires that the dealer sells or

[[Page 81411]]

leases separately from a vehicle. Similarly, motor vehicle lessors and 
motor vehicle rental companies are not subject to the rule because 
these groups are not selling or leasing tires for use on motor 
vehicles, but rather are selling and leasing vehicles. Thus, we would 
expect that today's rule will generally apply to tire retailers, 
including individuals.
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    \2\ As noted above, the sale or lease of a new vehicle with a 
defective or noncompliant tire is already prohibited by 49 U.S.C. 
30120(i).
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    To be covered by the reporting requirement, the person must have 
``actual knowledge that the manufacturer of such tire has notified its 
dealers of such defect or noncompliance * * *'' Thus, the person need 
not have received the defect or noncompliance notification directly 
from the manufacturer. It is sufficient the person have actual 
knowledge that the notification was made to dealers.
    Employers, principals and other persons who are legally accountable 
for the actions of their employees or agents are also subject to 
Sec. 573.10, and are required to report any covered sales or leases 
that their employees or agents cause while acting within the scope of 
their employment or agency. Compliance with Sec. 573.10 is required 
regardless of whether the covered sale or lease was or was not approved 
or ratified by the legally responsible party. Therefore, for example, 
if an employee of a tire retailer sells or leases a tire that is 
defective or not in compliance with an applicable safety standard, both 
the employee and the tire retailer would be obligated to report the 
sale, and both would be accountable if the sale is not reported or 
reported in a manner not in compliance with Sec. 573.10. Only one 
report per covered sale or lease is required, so that in the example 
above either the employee or the retailer could file a report.

Timing of Reports Under Sec. 573.10

    Reports required to be submitted pursuant to 573.10 must be mailed 
and/or submitted to NHTSA no more than five working days after the 
person to whom the tire was sold or leased took possession of the tire. 
We have chosen a five-day rule consistent with current 49 CFR 573.5, 
which requires defect and noncompliance information reports to be 
submitted within the same time frame. A five-day rule was also chosen 
in order to ensure the prompt reporting of covered sales or leases and 
to facilitate prompt follow up by the agency.
    Reports must be submitted by any means which permits the sender to 
verify promptly that the report was in fact received by NHTSA and the 
day it was received by NHTSA.

What Information Will Be Required in a Report Submitted Pursuant to 
Sec. 573.10

    Reports submitted pursuant to section 573.10 must contain the 
following information, to the extent available to the reporting person: 
(1) A statement that the report is being provided pursuant to section 
573.10 regarding the sale or lease of a defective or noncompliant tire; 
(2) the name, address and telephone number of the person who purchased 
or leased the tire; (3) the name of the manufacturer of the tire; (4) 
the tire's brand name, model name, and size; (5) the tire's DOT 
identification number (this is an alphanumeric code, unique to each 
tire, located on the sidewall of a tire); (6) the date of sale or 
lease; and (7) the name, address, and telephone number of the seller or 
lessor. Each report must be dated and signed, with the name of the 
person printed or typed below the signature. For corporations, the 
official position of the individual signing the report on behalf of the 
corporation must also be provided.
    ``Available'' information includes all information that a person 
who sells or leases a defective or noncompliant tire has within his or 
her possession or control, or could obtain using reasonable and 
diligent effort, as of the time of the report. Any person subject to 
Sec. 573.10 is expected to take reasonable and diligent measures to 
learn or develop any information required to be reported of which he or 
she was not aware or did not have in his or her immediate custody at 
the time of the sale.

Regulatory Analyses and Notices

1. Executive Order 12866 and DOT Regulatory Policies and Procedures

    We have considered the impact of this rulemaking action under E.O. 
12866 and the Department of Transportation's regulatory policies and 
procedures. This rulemaking was not reviewed under E.O. 12866, 
``Regulatory Planning and Review.'' This rulemaking is not considered 
``significant'' under the Department of Transportation's regulatory 
policies and procedures. The impacts of this rule are expected to be so 
minimal as not to warrant preparation of a full regulatory evaluation 
because this provision only involves reporting and the incidence of 
covered sales and leases of defective or noncompliant tires is expected 
to be small.

2. Regulatory Flexibility Act

    We have also considered the impacts of this notice under the 
Regulatory Flexibility Act. I certify that this rule will have no 
significant economic impact on a substantial number of small entities. 
The impacts of this rule are expected to be so minimal as not to 
warrant preparation of a full regulatory evaluation because this 
provision only involves reporting and the incidence of covered sales 
and leases of defective or noncompliant tires is expected to be small.

3. National Environmental Policy Act

    We have analyzed this proposal under the National Environmental 
Policy Act and determined that it will not have any significant impact 
on the quality of the human environment.

4. Paperwork Reduction Act

    NHTSA has determined that this interim final rule will impose new 
collection of information burdens within meaning of the Paperwork 
Reduction Act of 1995 (PRA). Pursuant to 5 CFR 1320.13 Emergency 
processing, NHTSA is asking OMB for a temporary emergency clearance for 
this collection. In this interim final rule, NHTSA begins the process 
of requesting a 3-year clearance for this collection.
    Under the PRA, before an agency submits a proposed collection of 
information to OMB for approval, it must publish a document in the 
Federal Register providing a 60-day comment period and otherwise 
consult with members of the public and affected agencies concerning 
each proposed collection of information. The OMB has promulgated 
regulations describing what must be included in such a document. Under 
OMB's regulations, (5 CFR 1320.8(d)), an agency must ask for public 
comment on the following:
    (i.) Whether the proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (ii.) The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    (iii.) How to enhance the quality, utility, and clarity of the 
information to be collected; and
    (iv.) How to minimize the burden of the collection of information 
on those who are to respond, including the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    In compliance with these requirements, NHTSA asks public comment on 
the collection of

[[Page 81412]]

information--i.e., the reporting requirement-- in this interim final 
rule.
Reporting the Sale or Lease of Defective or Noncompliant Tire
    Type of Request--New.
    OMB Clearance Number--No clearance number has been provided for 
this collection.
    Form Number--This proposed collection of information would not use 
any standard forms.
    Requested Expiration Date of Approval--Three years from the date of 
the approval of the collection.
    Summary of the Collection of Information--Any person required to 
report the sale or lease of a defective or noncompliant tire as 
prescribed under this rule will be required to report the following 
information to NHTSA: (1) A statement that the report is being 
submitted pursuant to 49 CFR 573.10(a); (2) the name, address and phone 
number of the person who purchased or leased the tire; (3) the name of 
the manufacturer of the tire; (4) the tire's brand name, model name, 
and size; (5) the tire's DOT identification number; (6) the date of the 
sale or lease; and (7) the name, address, and telephone number of the 
seller or lessor.
    Description of the Need for the Information and Use of the 
Information--This information collection was mandated by Section 3(c) 
of the TREAD Act. The information collected will provide NHTSA with 
basic information relating to the defective or noncompliant tire that 
was sold or leased, such as the identities of both the seller and 
purchaser of the defective or noncompliant tire and a description of 
the tire. We anticipate using this information to do any of the 
following: Investigate the sale or lease of the tire; inform the 
purchaser of the tire of the existence of a defect or noncompliance; 
and/or facilitate the providing of a remedy to the purchaser of the 
tire.
    Description of the Likely Respondents, Including Estimated Number 
and Proposed Frequency of Response to the Collection of Information--
This new collection of information would apply to any person who 
knowingly and willfully sells or leases a defective or noncompliant 
tire for use on a motor vehicle, with actual knowledge that the 
manufacturer of the tire has notified dealers of the defect or 
noncompliance. Thus, the collection of information applies to tire 
dealers, including tire retailers. The collection of information does 
not apply to the sale or lease of new or used vehicles which have 
placed upon them defective or noncompliant tires. It also does not 
apply to ordinary leasing activities of motor vehicle lessors or motor 
vehicle rental companies.
    We estimate that there will be relatively few sales or leases of 
defective or noncompliant tires and therefore relatively few persons 
subject to this new collection of information. We estimate the number 
of reports that will be submitted will be less than 10.
    Estimate of the Total Annual Reporting and Recordkeeping Burdens 
Resulting From the Collection of Information--As stated before, we 
estimate that no more than nine persons a year would be subject to this 
new reporting requirement. We estimate that it will take no longer than 
one-half of one hour for a person to compile and submit the information 
we are requiring to be reported. Therefore, the total burden hours on 
the public per year is estimated to be a maximum of 4.5 hours.
    Since nothing in this rule would require those persons required to 
submit reports pursuant to this rule to keep copies of any records or 
reports submitted to us, recordkeeping costs imposed would be zero 
hours and zero costs.

5. Executive Order 13132 (Federalism)

    Executive Order 13132 on ``Federalism'' requires us to develop an 
accountable process to ensure ``meaningful and timely input'' by State 
and local officials in the development of ``regulatory policies that 
have federalism implications.'' The E.O. defines this phrase to include 
regulations ``that 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.'' This rule, which requires the reporting of knowing and 
willful sales or leases of defective or noncompliant tires where the 
person selling or leasing the tire has actual knowledge that the 
manufacturer of such a tire has notified its dealers of that defect or 
noncompliance pursuant to either section 30118(c) or 30118(b) of the 
Safety Act, will not have substantial direct effect 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, as specified in E.O. 13132. This rule making does not 
have those implications because it applies to those persons who sell or 
lease defective or noncompliant tires, and not to the States or local 
governments.

6. Civil Justice Reform

    This rule does not have a retroactive or preemptive effect. 
Judicial review of the rule may be obtained pursuant to 5 U.S.C. 702. 
That section does not require that a petition for reconsideration be 
filed prior to seeking judicial review.

7. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the cost, benefits and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local or tribunal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Because this rule will not have a $100 million 
annual effect, no Unfunded Mandates assessment is necessary and one 
will not be prepared.

Plain Language

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:

--Have we organized the material to suit the public's needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of 
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the rule easier to understand?

    If you have any responses to these questions, please include them 
in your comments on this rule.

Interim Final Rule

    NHTSA is promulgating this regulation as an interim final rule to 
comply with Section 3(c)'s mandate that the final rule be issued 
``within 90 days of the enactment of the [TREAD Act].'' As an interim 
final rule, the regulation will be effective 30 days after the date of 
publication in the Federal Register. However, as described below, 
comments may be submitted for a period of 60 days from the date of 
publication in the Federal Register. NHTSA will review and respond to 
all timely comments, as appropriate.

[[Page 81413]]

Submission of Comments

How Can I Influence NHTSA's Thinking on This Rule?

    In developing this interim final rule, we tried to address the 
anticipated concerns of all our stakeholders. Your comments will help 
us improve this rule. We invite you to provide different views on it, 
new approaches we have not considered, new data, how this rule may 
affect you, or other relevant information. Your comments will be most 
effective if you follow the suggestions below:
    Explain your views and reasoning as clearly as possible.
     Provide solid information to support your views.
     If you estimate potential numbers or reports or costs, 
explain how you arrived at the estimate.
     Tell us which parts of the rule you support, as well as 
those with which you disagree.
     Provide specific examples to illustrate your concerns.
     Offer specific alternatives.
     Refer your comments to specific sections of the rule, such 
as the units or page numbers of the preamble, or the regulatory 
sections.
     Be sure to include the name, date, and docket number with 
your comments.

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    Comments may also be submitted to the docket electronically by 
logging onto the Dockets Management System website at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing the document electronically.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel (NCC-30), NHTSA, at the 
address given above under FOR FURTHER INFORMATION CONTACT. In addition, 
you should submit two copies, from which you have deleted the claimed 
confidential business information, to Docket Management at the address 
given above under ADDRESSES. When you send a comment containing 
information claimed to be confidential business information, you should 
include a cover letter setting forth the information specified in our 
confidential business information regulation. (49 CFR Part 512.)

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider it in 
developing a final rule (assuming that one is issued), we will consider 
that comment as an informal suggestion for future rulemaking action.

How Can I Read the Comments Submitted by Other People and Other 
Materials Relevant to This Rulemaking?

    You may view the materials in the docket for this rulemaking on the 
Internet. These materials include the written comments submitted by 
other interested persons and the preliminary regulatory evaluation 
prepared by this agency. You may read them at the address given above 
under ADDRESSES. The hours of the Docket are indicated above in the 
same location.
    You may also see the comments and materials on the Internet. To 
read them on the Internet, take the following steps:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).
    (2) On that page, click on ``search.''
    (3) On the next page (http://dms.dot.gov/search/), type in the 
four-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-2000-1234,'' you would type 
``1234.'' After typing the docket number, click on ``search.''
    (4) On the next page, which contains docket summary information for 
the materials in the docket you selected, click on the desired 
comments. You may download the comments.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

List of Subjects in 49 CFR Part 573

    Motor vehicle safety, Reporting and recordkeeping requirements.

    1. The authority citation for Part 573 of Title 49, CFR, continues 
to read as follows:

    Authority: 49 U.S.C. 30102-103, 30112, 30117-121, 30166-167; 
delegation of authority at 49 CFR 1.50; 501.2.

    2. Part 573 is amended by adding a new section 573.10 to read as 
follows:


573.10  Reporting the sale or lease of defective or noncompliant tires.

    (a) Reporting requirement. Subject to paragraph (b) of this 
section, any person who knowingly and willfully sells or leases for use 
on a motor vehicle a defective tire or a tire which is not compliant 
with an applicable tire safety standard with actual knowledge that the 
manufacturer of such tire has notified its dealers of such defect or 
noncompliance as required under 49 U.S.C. 30118(c) or as required by an 
order under 49 U.S.C. 30118(b) must report that sale or lease to the 
Associate Administrator for Safety Assurance, National Highway Traffic 
Safety Administration, 400 7th Street, SW., Washington, DC 20590.
    (b) Exclusions from reporting requirement. Paragraph (a) of this 
section is not applicable where, before delivery under a sale or lease 
of a tire:
    (1) The defect or noncompliance of the tire is remedied as required 
under 49 U.S.C. 30120; or
    (2) Notification of the defect or noncompliance is required by an 
order under 49 U.S.C. 30118(b), but enforcement of the order is 
restrained or the order is set aside in a civil action to which 49 
U.S.C. 30121(d) applies.
    (c) Contents of report; requirement of signature. (1) A report 
submitted pursuant to paragraph (a) of this section must contain the 
following information, where that information is available to

[[Page 81414]]

the person selling or leasing the defective or noncompliant tire:
    (i) A statement that the report is being submitted pursuant to 49 
CFR 573.10(a) (sale or lease of defective or noncompliant tires);
    (ii) The name, address and phone number of the person who purchased 
or leased the tire;
    (iii) The name of the manufacturer of the tire;
    (iv) The tire's brand name, model name, and size;
    (v) The tire's DOT identification number;
    (vi) The date of the sale or lease; and
    (vii) The name, address, and telephone number of the seller or 
lessor.
    (2) Each report must be dated and signed, with the name of the 
person signing the report legibly printed or typed below the signature.
    (d) Reports required to be submitted pursuant to this section must 
be submitted no more than that five working days after a person to whom 
a tire covered by this section has been sold or leased has taken 
possession of that tire. Submissions must be made by any means which 
permits the sender to verify promptly that the report was in fact 
received by NHTSA and the day it was received by NHTSA.

    Issued on: December 15, 2000.
Sue Bailey,
Administrator.
[FR Doc. 00-32528 Filed 12-22-00; 8:45 am]
BILLING CODE 4910-59-P