Interpretation ID: aiam2686
Technical Director
Avon Tyres Limited
Bath Road
Melksham
Wiltshire SN12 8AA
England;
Dear Mr. Clapson: Your petition of September 28, 1977, for an inconsequentialit determination has been forwarded to this office for reply.; The 'noncompliance' in question is the failure of Avon Tyres to provid correct spacing between the symbol DOT and the alphanumeric code on certain tires. This requirement is imposed by 49 CFR 574.5. In addition S4.3.2 of Federal Motor Vehicle Safety Standard No. 109 requires that each tire 'shall be labelled with the ... brand name and number assigned to the manufacturer in the manner specified in Part 574'. The requirement in question is primarily one of information rather than one of safety performance, and we therefore choose to regard the incorrect spacing as a noncompliance with Part 574.; A manufacturer's obligation to notify and remedy arises only upon th discovery of a safety-related defect, or noncompliance with a Federal motor vehicle safety standard. Therefore Avon's failure to correctly space the information required by Part 574 is neither a safety-related defect nor a noncompliance with a safety standard, and it has no obligation to notify and remedy. Since Avon's petition is moot, it will not be considered.; No corrective action is required for the tires in question. We not Avon's assurances of future conformance and we will close our files without imposing a civil penalty for the company's technical violation of Part 574.; Yours truly, Frank Berndt, Deputy Chief Counsel