Interpretation ID: aiam0386
Esq
Nance
Caston
Hefner and Green
Attorneys-At-Law
421 North Crockett Street
Sherman
TX 75090;
Dear Mr. Hefner: This is in reply to your letter of May 20, 1971, concerning a marketin practice used by your client, Hale Trailer Sales, Inc., which consists of allowing purchasers of new trailers to specify that the trailer be delivered with either new or used tires. When used tires are chosen, you indicate that they are for the limited purpose of delivering the trailer to the purchaser, and are usually replaced by him with other tires. You further indicate that this practice is widespread in the particular industry.; You ask in your letter whether the Tire Identification an Recordkeeping regulations (49 CFR Part 574) apply to the trailers that are sold equipped with used tires. The answer to this question is no. However, as you apparently realize, trailers sold with new tires that have been manufactured on or after May 22, 1971, are subject to the regulation.; Your letter also discusses the possibility of future requirements fo trailer tires, and suggests three possible courses of action under such requirements by which trailers might be sold with used tires. An Advance Notice of Proposed Rulemaking concerning multipurpose passenger vehicle, truck, bus, motorcycle, and trailer tires was published October 14, 1967, (32 F.R. 14279) and a public meeting was held on the subject in June 1970. Since that time there has been no public issuance concerning this matter, and it is thus impossible to send you the proposed rule you requested. The matter is under active consideration within the agency, however, and the proposed requirements should be issued in the near future.; The proposals will solicit comments from interested persons, which wil be considered before any final regulations are issued. Your comments and any additional suggestions you might have would be appreciated in response to these proposals.; If you have additional questions, please feel free to write. Sincerely, Lawrence R. Schneider, Acting Chief Counsel