Interpretation ID: nht75-5.16

DATE: 08/07/75

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Dunlop Tire and Rubber Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of July 1, 1975 (NA-2637A), forwarded to us by the Tire Division, which requests comments on the issues raised by two letters from Mr. R. G. Clifton of Dunlop U.K.

Mr. Clifton's first concern is with respect to the proper interpretation of section 159(2) of the 1974 amendments to the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1419). Section 159 provides that the definitions of "original equipment" and "replacement equipment" in section 159 may be changed "as otherwise provided by Regulations of the Secretary." This phrase does not mean that the definitions may be changed by any regulation, but rather that the definitions may be changed by a regulation implementing sections 151-60 of the 1974 amendments, to which the provisions of section 159 specifically apply. Therefore, a definition of "tire manufacturer" in a regulation issued pursuant to some other statutory provision has no effect on the definitions of "original equipment" and "replacement equipment" in section 159. No specific regulation has yet been issued by the National Highway Traffic Safety Administration (NHTSA) modifying the provisions of section 159, although such a regulation is currently under consideration.

Mr. Clifton's second concern was that no amendments to Part 573 have been proposed in order to make tire and equipment manufacturers subject to defect reporting requirements, as required by the 1974 amendments. The NHTSA is preparing to issue proposed amendments to Part 573 which will reflect this requirement.

Mr. Clifton's third concern, expressed in his letter of June 3, was that section 159(2) (D) of the 1974 amendments would make the motor vehicle manufacturer totally responsible for the original equipment tires on his vehicles. Although section 159 places the legal responsibility for notification and remedy of safetyrelated defects in original equipment on the vehicle manufacturers, it does not lessen the obligation of the tire manufacturers to ensure that their tires contain no safety-related defects. Tire manufacturers do have an obligation to notify of and remedy defects in tires used as replacement equipment.

We trust this has been helpful. If you have any further questions, please do not hesitate to write.