Interpretation ID: aiam3790
Manager
Gov. and Customer Relations
The Firestone Tire & Rubber Co.
1200 Firestone Parkway
Akron
OH 44317;
Dear Mr. DiMaggio: This is in reply to your letter of December 8, 1983, to th Administrator, petitioning for a determination that a noncompliance with Motor Vehicle Safety Standard No. 117, *Retreaded Pneumatic Tires*, be deemed inconsequential as it relates to motor vehicle safety.; The noncompliance consists of omission of the 'DOT' certificatio symbol. You have represented that tires so affected nevertheless meet Standard No. 117 in all other respects.; It has been the policy of this agency since 1977 to treat omissions o the DOT symbol as failures to certify pursuant to Sections 114 and 108(a)(1)(C) of the National Traffic and Motor Vehicle Safety Act rather than as failures to comply with the Federal motor vehicle safety standard that requires or allows that method of certification. The symbol is not considered to establish a minimum standard of motor vehicle performance. This means that manufacturers who fail to provide the symbol are not required to conduct a notification and remedy campaign, and that accordingly the National Highway Traffic Safety Administration is not required to publish notices of petitions requesting inconsequentiality determinations.; Your petition is therefore moot. Thank you for bringing this matter t our attention.; Sincerely, Frank Berndt, Chief Counsel