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Interpretation ID: aiam2323

Mr. Don Ellenberger, Volkswagen of America, 818 Sylvan Avenue, Englewood Cliffs, N.J. 07632; Mr. Don Ellenberger
Volkswagen of America
818 Sylvan Avenue
Englewood Cliffs
N.J. 07632;

Dear Mr. Ellenberger: I am writing to confirm your May 19, 1976, telephone conversation wit Mark Schwimmer of this office, concerning the effective dates of Federal Motor Vehicle Safety Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars.*; You were particularly concerned with one paragraph in the preamble o Notice 4 (41 FR 18659, May 6, 1976, Docket No. 71-19). That notice delayed the effective dates of certain requirements of the standard. The paragraph in question is:; >>>Manufacturers should note that, apart from the changed effectiv date for the requirement in S5.1.1 that vehicles be equipped with properly marked rims, there is no delay in the September 1, 1976, effective date of the standard's basic requirements, S5.1 (*Tire and Rim Selection*).<<<; Section S5.2, *Rim Marking*, is the only section of the standard tha applies directly to rims. Section S5.1 applies directly to vehicles. As Mr. Schwimmer explained, however, two aspects of S5.1 (both found in S5.1.1) involve rims as well.; The first sentence of S5.1.1 includes a 'suitability' requirement: >>>...each vehicle...shall be equipped with...rims that are listed b the manufacturer of the tires as suitable for use with those tires...<<<; The second sentence, as amended by Notice 4, reads: >>>On and after September 1, 1979, each such vehicle shall be equippe with rims that meet the requirements of this standard.<<<; The paragraph in question is simply a reminder that the 'suitability requirement, among others, is effective September 1, 1976, as originally established in Notice 3 (41 FR 3478, January 23, 1976).; Yours truly, Stephen P. Wood, Assistant Chief Counsel