Interpretation ID: aiam2796
Esq.
The Goodyear Tire & Rubber Company
Akron
Ohio 44316;
Dear Mr. Caine: This responds to your March 16, 1978, letter asking about th responsibility for compliance with the Federal motor vehicle safety standards when previously certified tires are modified by the addition of white sidewalls.; In your first question, you ask whether the person who modifies th tire must recertify it for compliance with safety requirements. The answer to your question is no. A modifier of a tire is not considered a manufacturer as that term is defined in the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 *et seq.*). A modifier's status is analogous to that of an alterer of a previously certified motor vehicle, there are no labeling or certification requirements for alterers of motor vehicle equipment. Persons who modify previously certified motor vehicle equipment are required to ensure that their modification does not render inoperative any device or element of design installed in compliance with a safety standard.; Since the modifier of previously certified motor vehicle tires has n labeling or certification requirements, the answer to your second question whether it would be required to obtain a manufacturer's identification code mark is no. Only a manufacturer or retreader of motor vehicle tires need obtain such identification marks.; In you final question, you ask who would be responsible for th registration of these modified tires. The original tire manufacturer would be required to conduct the tire registration program. Your assert that this might cause confusion in tire recalls since manufacturers might indicate that blackwall tires are being recalled when, in fact, some whitewall would be included. Our regulation requires that tires be identified in a recall by their serial number. We are not aware of any instance where recalled tires serial have been additionally identified as 'blackwall' by the manufacturers. Thus, although the problem you describe could conceivably occur, we at this time have no basis for viewing it as a real threat to effective recall campaigns.; Sincerely, Joseph J. Levin, Jr., Chief Counsel