Interpretation ID: 21508retaillabelneb

Mr. Harold Schapiro
1709 Sulgrave Avenue
Baltimore, Maryland 21209

Dear Mr. Schapiro:

This responds to your April 10, 2000, correspondence requesting an opinion as to your proposal to "add, at the retail level, a sticker to the wall of the tire that indicates the retailer (e.g. Sears, Wal-Mart, Mr. Tire, NTB, etc...)." You further state that the sticker would be "non-obtrusive" and ask this office to advise you if there is any regulation that would prohibit this action.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal Motor Vehicle Standards (FMVSS) applicable to new motor vehicles and new items of motor equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither tests, approves, disapproves, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

It is not clear from your letter whether you are interested in labeling replacement passenger car tires or replacement tires for use on other motor vehicles. To ensure that you receive the information that is of concern to you, I will discuss identification requirements for replacement tires for use on both passenger cars and on other motor vehicles.

All new passenger car tires must satisfy the requirements of Standard No. 109, New Pneumatic Tires (49 CFR 571.109), and be labeled in accordance with Part 574, Tire identification and recordkeeping (49 CFR Part 574). This is true whether the new passenger car tire is a mud and snow tire, all-season tire, high speed-rated tire, temporary spare tire, or a normal highway service tire. Section S4.3.2 of Standard No. 109 explicitly requires each tire to be labeled with the manufacturer's name or a brand name and the identification number assigned to the manufacturer. The "brand name" refers to the name under which a tire is sold at retail, whether it is identical to the manufacturer's name (e.g., Firestone), a name owned by the manufacturer and used in place of its corporate name (i.e., a house brand, such as Falls that is manufactured by Cooper), or a name owned by someone other than the manufacturer (i.e., a private brand such as Atlas that is made by several manufacturers). Section S4.3.2 uses the singular form to identify the name that must appear on the sidewall (name of manufacturer or the brand name) and connects the alternative with the disjunctive "or." This grammatical structure indicates that only one name, either that of the actual manufacturer or the brand name owner, shall be labeled on the tire. The agency chose this grammatical structure to ensure that consumers would not be confused about the identity of the brand name or manufacturer of the tire.

The marking requirements for tires subject to Standard No. 119, New pneumatic tires for vehicles other than passenger cars (49 CFR 571.119), are set forth in section S6.5 of the standard. Section S6.5(b) requires that each tire be marked with "the tire identification required by part 574 of this chapter." Section 574.5, Tire identification requirements, specifies that "[e]ach tire manufacturer shall conspicuously label on one sidewall of each tire it manufactures, except tires manufactured exclusively for mileage contract purchasers, or non-pneumatic tires of non-pneumatic tire assemblies, by permanently molding into or onto the sidewall, in the manner and location specified in Figure 1, a tire identification number (TIN) containing the information set forth in paragraphs (a) through (d) of this section." Both section S6.5(b) of Standard No. 119 and section 574.5 use the singular form to identify the identification number that must appear on the sidewall. This grammatical structure indicates that identification number, representative of a single manufacturer, shall be labeled on the tire. The agency chose this grammatical structure to ensure that consumers would not be confused about the identity of the manufacturer of the tire.

As discussed above, Standards Nos. 109 and 119 are intended to provide the tire purchaser with necessary information for the safe operation of those tires on the purchaser's vehicle. Although the situation described in your letter is not specifically addressed by the language of these standards, needless confusion could result from the attachment of a retailer's name to a tire which is, as required by our regulations, marked with a manufacturer's name, a brand name, or a manufacturer's TIN. NHTSA believes that this confusion would impair the purpose of tire information labels. Therefore, this agency interprets Standards Nos. 109 and 119 to prohibit the attachment of a retailer's name, through any means, to replacement tires for passenger cars and motor vehicles other than passenger cars.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:109#119
d.6/19/00