Interpretation ID: 3233yy
DICO Tire, Inc.
520 J.D. Yarnell Industrial Parkway
Clinton, TN 37716
Dear Mr. Miller:
This responds to your letter asking about the application of 49 CFR Part 574, Tire Information and Recordkeeping, to new tires sold in the replacement market. You indicated that, as a manufacturer of boat trailer tires, you believed that Part 574 required you to provide recall information cards for every new tire, whether that tire was to be installed as original equipment or sold in the replacement market. You added, however, that you heard that the National Highway Traffic Safety Administration (NHTSA) had recently restricted the application of this requirement to tires sold as original equipment. Accordingly, you requested the agency to confirm that information. NHTSA has made no amendments to Part 574 that would restrict the requirement that tire manufacturers provide recall information cards only for those tires sold as original equipment. Hence, tire manufacturers remain subject to the requirement that they provide such cards to every distributor and dealer that sells the manufacturer's new tires, regardless of whether those new tires are sold as original equipment on a vehicle or as an individual replacement item.
Part 574 sets forth tire information and recordkeeping requirements to facilitate notification of purchasers in the event that a manufacturer must recall a tire to remedy a safety-related defect, or a noncompliance with an applicable Federal Motor Vehicle Safety Standard. Among Part 574's requirements, 574.7 specifies requirements for tire registration forms. I believe these forms are what your letter refers to as "recall information cards." 574.7 requires each new tire manufacturer and each new tire brand name owner (or its designee) to provide tire registration forms to every distributor and dealer of its tires which offers "new tires for sale or lease to tire purchasers." [49 CFR 574.7(a)(1)] Part 574 defines "tire purchaser" as "a person who buys or leases a new tire, or who buys or leases for 60 days or more a motor vehicle containing a new tire for purposes other than resale." [49 CFR 574.3(5)]
Thus, 574.7(a)(1) explicitly requires that tire registration forms be provided to every distributor or dealer that offers a manufacturer's new tires for sale to the public. 574.7 makes no distinction between tires to be sold as original equipment and tires sold as replacement products. For your information, I have enclosed a copy of 49 CFR Part 574 and have highlighted the provisions that relate to your question. I hope this information is helpful. Please contact Elizabeth Barbour of my staff at this address or by telephone at (202) 366-2992 if you have further questions.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure
/ref: Part 574 d:ll/l5/9l