Interpretation ID: aiam4119
Esq.
Kassel
Neuwirth & Geiger
845 Third Avenue
New York
NY 10022;
Dear Mr. Doherty: This responds to your letter to Stephen Kratzke of my staff, in whic you asked for an interpretation of the requirements of 49 CFR S575.104, *Uniform Tire Quality Grading Standards* (UTQGS). Specifically, you stated that your firm is the registered agent for a foreign tire manufacturer and that you would like a clarification of what information the manufacturer is required to provide to this agency under the UTQGS.; Before responding specifically to the statements in your letter, would like to point out that the requirements for tire manufacturers to furnish UTQGS information to this agency are set forth in three different regulatory provisions. The first of these is 49 CFR S575.6(d)(2), which provides: 'Each brand name owner of tires and each manufacturer of tires for which there is no brand name owner shall submit to the Administrator 10 copies of the information specified in Subpart B of this part that is applicable to the ... tires offered for sale, at least 30 days before it is first provided for examination by prospective purchasers pursuant to paragraph (c) of this section.' This language makes clear that the only information the tire manufacturers must provide to this agency is information that will be provided for examination by prospective purchasers in accordance with 49 CFR S575.6(c).; The second regulatory provision addressing information to be provide by tire manufacturers is 49 CFR S575.6(c). That section provides that the tire manufacturer shall provide each of its dealers with a brochure setting forth the UTQGS information for each of its tires offered for sale by that dealer. The third regulatory provision is 49 CFR S575.104(d)(1)(ii), which requires that the information required by S575.6(c) shall list all possible grades for tires and restate verbatim the explanation for each performance area in which the tires are graded, as specified in Figure 2 of S575.104, although not necessarily in the same format as Figure 2. This section also requires that the information clearly and unambiguously indicate the grade in each performance area assigned to each of the manufacturer's tires sold by the dealer.; With this background, I will now address each of your statements, i the order they were presented in your letter. Each of my explanations will cite the applicable regulatory provision that is the authority for that explanation.; 1. To register each new tire design, or each change in the applicabl UTQG information with respect to an already registered tire design, the tire manufacturer must submit to DOT ten (10) copies of a brochure containing the tire design and UTQG information for the tire including the information set forth in the three paragraphs of 49 CFR S575.104, Figure 2, Parts I and II of the Regulations.; Response: Tire manufacturers are not required to 'register' tir designs with the agency. The manufacturers are only required to provide this agency with advance copies of the UTQGS information that will be furnished to their dealers. 49 CFR S575.6(d)(2). If the tire manufacturer wishes to add a new tire design to the UTQGS information previously supplied to the agency, or to change some of the previously supplied information, the tire manufacturer must furnish this agency with 10 copies of a brochure showing *all* of the manufacturer's tire designs, including those designs for which the previously submitted information is unchanged, and the grades assigned to those tire designs. 49 CFR S575.6(c). This brochure must also include the explanations for the various possible grades set forth in Figure 2 of S575.104. 49 CFR S575.104(d)(1)(ii). For your information, I have enclosed a copy of a typical brochure furnished to this agency by a tire manufacturer.; 2. Such brochures must be sent to all U.S. dealers of th manufacturer's tires and be delivered to purchasers when they examine and/or buy the manufacturer's tires. The brochures must be sent to the dealers with the first lot of each new design.; Response: The brochures must be sent to all dealers of th manufacturer's tires and furnished to all prospective and actual purchasers of those tires upon request. Brochures incorporating information on new tire designs must be furnished to dealers of the manufacturer's tires not later than the first day on which the manufacturer authorizes the tires to be put on general public display and sold to consumers. 49 CFR S575.6(c).; 3. The ten (10) copies of the UTQG brochure (sic) must be submitted t DOT at least 30 days before such brochure is first provided to tire purchasers for examination.; Response: Your statement is correct. 49 CFR S575.6(d)(2). 4. Photographs of tires are not required to be submitted to DOT. Response: Your statement is correct. There is no regulatory requiremen that photographs of tires be provided to this agency.; 5. UTQG labels are not required to be submitted to DOT. Response: Your statement is correct. There is no regulatory requiremen that UTQGS labels be provided to this agency.; 6. If a tire manufacturer intends to market a tire that is alread registered under a new or private brand name, all that is required is a letter to DOT setting forth the pattern code, tire size(s) and UTQG characteristics of the tire already registered and indicating that the tire will be sold under the additional brand name.; Response: This statement is inaccurate. If changed marketing practice by the tire manufacturer cause the UTQGS brochures submitted to its dealers and this agency to be either incomplete or incorrect, the tire manufacturer must revise its brochure. Ten copies of the revised brochure must be submitted to this agency 30 days before the marketing change takes effect, and revised brochures must be provided to each of the manufacturer's dealers not later than the day on which the marketing change takes effect. 49 CFR SS575.6(c) and (d)(2). The tire manufacturer may enclose a letter with its brochure explaining the change, but such a letter is not required.; 7. If a private brand tire made by the tire manufacturer gets a ne tire design, the manufacturer does not have to provide the updated UTQG information to DOT -- the brand name owner for the tire design would be required to provide the information.; Response: Your statement is correct. 49 CFR SS575.6(c) and (d)(2). Should you have any further questions or need more information in thi area, please feel free to contact Mr. Kratzke at this address or by telephone at (202) 426- 2992.; Sincerely, Erika Z. Jones, Chief Counsel