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Interpretation ID: GF004887

    Mr. Palmer Robeson
    1832 Birch Road
    McLean, VA 22101


    Dear Mr. Robeson:

    This is in response to your e-mail of June 14, 2004, and subsequent phone conversations with George Feygin of my staff regarding a "tire traction device" you have invented. You also provided a CD-ROM with additional information on the device and its intended use. You ask whether your invention is subject to any Federal Motor Vehicle Safety Standards (FMVSS) and other regulations. In short, there are no FMVSSs applicable to your device.

    By way of background, the National Highway Traffic Safety Administration (NHTSA) issues FMVSSs applicable to the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment. However, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

    49 U.S.C. 30102(a)(7)(B) defines motor vehicle equipment as:

    "any component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle;"

    According to your letter, the tire traction device is akin to "snow chains" that are attached to wheels in order to provide better traction. This device attaches to wheels in a similar fashion and is designed for the same purpose. Your traction device would be considered an item of motor vehicle equipment as defined in 49 U.S.C. 30102(a)(7)(B), because it is an accessory or addition to a motor vehicle.

    There are no FMVSSs applicable to the traction device described in your letter. Nevertheless, as an item of motor vehicle equipment, it is subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. If a manufacturer of your device or NHTSA determine that the product contains a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective item of motor vehicle equipment and remedying the problem free of charge.

    Please be advised that some states regulate the use of snow chains and similar equipment. You may wish to contact appropriate state authorities to ascertain state regulations pertaining to your device.

    Enclosed please find an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. I hope you find this information helpful. If you have further questions, you may contact Mr. George Feygin of my staff at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:110
    d.8/30/04