Interpretation ID: nht80-4.12

DATE: 10/20/80

FROM: Frank Berndt; NHTSA

TO: OVSC

TITLE: OVSC Investigatory Activities Concerning Possible Violations of UTQGS Treadwear Grading Requirements

TEXT: This responds to your request for direction concerning when the Office of Vehicle Safety Compliance, Enforcement, must open a formal standards enforcement investigation (known as a "CIR" [certification information request] of a possible noncompliance with the treadwear grading requirements of the Uniform Tire Quality Grading Standards (UTQGS), 49 CER 575.104.

UTQGS is a consumer information regulation. While the regulation does require tire manufacturers to provide grading information in the important safety areas of traction and temperature resistance, the treadwear grades, on the other hand, are primarily economic rather than safety information. Moreover, as a consumer information regulation, UTQGS requires no minimum level of safety performance, but, rather, requires relative ranking information. Under these circumstances, we do not believe that it is imperative that a CIR be opened immediately whenever there is a testing result indicating that a small number of tires may be at variance with their manufacturer's rating. OVSC may conduct further testing and/or analysis, including inquiry to the manufacturer, prior to opening a CIR. (Any records of these activities will be treated according to the particular applicability of the Freedom of Information Act.) Such a practice is akin to the Office of Defects Investigation conducting a preliminary inquiry of engineering analysis, which may or may not lead to the opening of a formal defect case investigation.

So that the public and the industry may understand this direction, we are placing a copy of this memorandum in the Interpretations File in the Technical Reference Library, and sending a copy to the Rubber Manufacturers Association.