Interpretation ID: nht72-1.32

DATE: 02/05/72

FROM: AUTHOR UNAVAILABLE; Francis Armstrong; NHTSA

TO: Garden Spot Oil Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your inquiry of December 21, 1971, to the Regional Representative of the Secretary of Transportation in Dallas, Texas, and undated letter to the Bureau of Motor Carrier Safety concerning the sale of tires branded "Unsafe for Highway Use."

By Notice No. 2, to Docket 70-2 (copy enclosed) the National Highway Traffic Safety Administration issued an amendment to Federal Motor Vehicle Safety Standard (FMVSS) No. 109 specifying the conditions under which tires that failed to pass the minimum performance requirements of FMVSS No. 109 could be sold. This amendment presently permits such tires to be reclassified as "Unsafe for Highway Use," and if properly labeled to be sold for farm wagons or other off-highway uses only. A dealer who sells such tires for passenger car use, or who removes or alters the legend "Unsafe for Highway Use" imprinted on the tire sidewall, in subject to a civil penalty of up to $ 1,000 per violation.

It is proposed that on or after March 1, 1972, no tire of a type and size designation specified in FMVSS No. 109, Table 1 of Appendix A, shall be sold, offered for sale, imported, or introduced or delivered for introduction in interstate commerce for any purpose unless it conforms to all the requirements of this standard. If implemented, this proposal will void the authority granted by Notice No. 2 to Docket 70-2 mentioned above.

If the Javelin Tire Company of Dallas, Texas, is representing the tires you have on hand as safe for highway use, we would appreciate any evidence to this effect which you can provide. An invoice or a statement from Javelin claiming these tires as suitable for highway use or an affidavit from you attesting to such claims by the Javelin Tire Company would be useful.

A copy of the proposed rule, published in Notice 3, Docket 70-2, is enclosed for your information. One of the matters being covered in the rulemaking is whether tires reclassified prior to the effective date of the proposed rule may be sold. Copies of your letters have been entered in the official Docket. When the final rule is issued, it will be published in the Federal Register with a definite effective date. Because of your interest in this matter, we will send you a copy of the amendment when finally issued.

Thank you for your interest in highway safety.