Interpretation ID: aiam1573
Michelin Tire Corporation
Technical Division
P.O. Box 3467
New Hyde Park Post Office
New York 11040;
Dear Mr. White: This is in reply to your letter of April 16, 1974, asking for ou interpretation of paragraph 4 of the abbreviated rule making procedures for the addition of tire size designations to the Appendix of Standard No. 109. That paragraph presently states that requests for additional sizes must include a 'statement that the tire size designation and load inflation schedule has been coordinated with the Tire and Rim Association, the European Tyre and Rim Technical Organisation..., etc.' You point out that if coordination with a tire nd rim association is a prerequisite to the approval of a tire size designation, the procedure is inconsistent with the NHTSA policy as expressed in Standard No. 119 that avoids placing final regulatory power in a private organisation.; The abbreviated procedure for adding new tire size designations to th Appendix of Standard No. 109 was initially published on October 5, 1968 (33 FR 14964), and in that issuance, paragraph (4) stated:; >>>A statement *as to whether* the tire size designation and loa inflation schedule has been coordinated with an organisation such as the Tire and Rim Association, The European Tyre and Rim Technical Organisation...,etc. (emphasis added)<<<; This language was consistent with agency policy of cooperation with th association in setting up the tables, but assumed that manufacturer adherence to association decisions was voluntary. The change to the existing language, which admittedly calls for association coordination, was made in a notice published May $, 1971 (36 FR 8298).; While the issue in Standard No. 109 differs from that in Standard No 119 (in the former it is adding new tire size designations, while in the latter it is matching tires and rims), we agree that the problem of placing regulatory authority in a private organisation is the same in both cases. We have not been able to find an explanation for the change in language made on May 4, 1971. Moreover, the new language was not included in the guidelines for the addition of new tire and rim matching information in Standard No. 110, even though those guidelines were also amended on May 4, 1971 (36 FR 8298). Based on these factors, we have taken steps to amend the guidelines for the addition of new tire size designations to Appendix A of Standard No. 109 to read as originally published. A copy of this amendment, which is effective on publication in the *Federal Register*, is enclosed.; Sincerely, James B. Gregory, Administrator