Interpretation ID: calendarwk23070
Dae-Ki Min
Attorney at Law
38 West 32nd Street, Suite 1600
New York, NY 10001-3816
Dear Mr. Min:
This responds to your April 27, 2001, letter seeking an interpretation of 49 CFR Part 574, Tire Identification and Recordkeeping, on behalf of your client, Hankook Tire Co., Ltd. Specifically, you asked whether, for the purpose of section 574.5 (d) of this regulation, a tire manufacturer may be allowed to define "calender week" as 00:00 hour of Monday through 23:59 hour of the following Sunday. As explained below, the answer is no.
Motor vehicle tires are required by 49 CFR 574.5 to be labeled with a tire identification number (TIN) containing certain information. The last four digits of this number indicate the week and year of manufacture of the tire as follows: The final two digits are the last two digits of the year and the preceding two digits represent the week within that year. The numbering of the weeks begins with a"01" for the first full calendar week in each year and the agency has long held that the calendar week for the purposes of this regulation is defined as running from Sunday through the following Saturday. For example, "0101" indicates that a tire was manufactured during the week beginning Sunday, January 7, 2001, and ending Saturday, January 13, 2001.
The agency has frequently stated in past interpretations that the purpose of these labeling requirements is to provide the consumer, in a clear straightforward manner, with technical information necessary for the safe use of the tires. To allow an alternative definition of calendar week could obscure or confuse the meaning of the required information, or otherwise defeat its purpose. Therefore, marking a tire with a calendar week defined as 00:00 hour of Monday through 23:59 of the following Sunday is prohibited.
I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.
Sincerely,
John Womack
Acting Chief Counsel
ref:574
d.6/1/01