Interpretation ID: 21610michelin

Mr. Larry D. Weiman
Magenheim Bateman & Helfand
5600 Houston Center
1221 McKinney Street
Houston, TX 77010

Dear Mr. Weiman:

This responds to your May 2, 2000, letter asking for assistance in locating information pertaining to the marketing, testing, application and certification of a particular type of Michelin tire: Michelin XM + S 244 Reinforced Radial X, size 205R16 104T.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Pursuant to this authority, we issued a number of standards for tires. All new tires sold in the United States for use on passenger cars must be certified by the manufacturer as complying with FMVSS 109, New pneumatic tires, found at 49 CFR 571.109, while all new tires sold for use on motor vehicles other than passenger cars must be certified as complying with FMVSS 119, New pneumatic tires for vehicles other than passenger cars (49 CFR 571.119). All retreaded passenger car tires must be certified as complying with FMVSS 117, Retreaded pneumatic tires (49 CFR 571.117). We also have authority to investigate safety-related defects in motor vehicles and items of motor vehicle equipment, including tires.

The Uniform Tire Quality Grading Standards (UTQGS) are set forth in 49 CFR 575.104. Those standards do not require certification in the same manner as the FMVSSs. The UTQGS require that manufacturers mold onto or into the sidewalls of their tires the comparative rating of those tires for treadwear, traction, and temperature resistance for the use and benefit of consumers.

Finally, 49 CFR 574.5 requires each tire sold in the United States to have a tire identification number (TIN) molded into or onto the tire sidewall by the manufacturer to facilitate recall in the event of a noncompliance or defect.

Our statute establishes a self-certification process applying to the manufacture of vehicles and equipment to our safety standards. This means that NHTSA does not perform any pre-sale testing, approval, or certification of tires, whether of foreign or domestic manufacture, before their introduction into the U.S. retail market. Instead, each tire manufacturer must certify that its tires comply with applicable FMVSSs. We do not require that a manufacturer base its certification on any specific test or on any number of specified tests. However, manufacturers must exercise due care in certifying its tires. It is the responsibility of each tire manufacturer to determine what tests results, computer simulations, engineering analyses, or other information it needs to enable it to certify, with due care, that its tires comply with applicable Federal tire safety standards.

Once a manufacturer has determined that its tires meet all applicable Federal safety standards, it certifies such compliance by molding the letters "DOT" onto at least one sidewall of each certified tire. If manufacturers conduct any tests, they are not required by Federal law or regulation to release their test results to the public.

NHTSA tests certified tires to determine whether the tires do, in fact, comply with applicable standards. For such enforcement checks, NHTSA purchases tires "off the shelf" from retail tire dealers or distributors and tests those tires according to the procedures specified in the standards. Those test reports are made public. If the tire passes the tests, no further action is taken. If it fails the tests and is determined not to comply with any applicable standard or standards, the manufacturer is responsible for recalling the tires and remedying the noncompliance without charge to the consumer.

As discussed in correspondence to you dated June 8, 2000, from NHTSA's Office of Vehicle Safety Compliance, no compliance or defect reports have been located for the tire type and size you specified.

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,
Frank Seales, Jr.
Chief Counsel
ref:109
d.7/12/00