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Interpretation ID: nht76-1.31

DATE: 04/28/76

FROM: AUTHOR UNAVAILABLE; James B. Gregroy; NHTSA

TO: Hon. Vance Hartke - U.S. Senate

COPYEE: BUREAU OF MOTOR CARRIER SAFETY; FEDERAL HIGHWAY ADMINISTRATION

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of March 30, 1976, enclosing a letter from Mr. Dennis Oser concerning the effective date of Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars.

Standard No. 119 became effective March 1, 1975, and applies to non-passenger-car tires manufactured on and after that date. From his reference to "April 1, 1976", Mr. Oser appears to be concerned with the effective dates of 49 CFR 393.75, a regulation issued by the Federal Highway Administration's Bureau of Motor Carrier Safety (BMCS). That regulation addresses the type of tires with which motor vehicles in use in interstate commerce must be equipped. Accordingly, I have forwarded your letter to the BMCS for further reply.

Sincerely,

ATTACH.

United States Senate

COMMITTEE ON COMMERCE

March 30, 1976

James Gregory, Administrator -- National Highway Traffic Safety Administration

Dear Dr. Gregory:

I am enclosing for your review a letter that I have received from Mr. M. Dennis Oser. Mr. Oser inquired as to whether it would be feasible to amend MVSS 119 so that it will apply to new tires only as they are purchased rather than as a it now applies to all tires being used on April 1, 1976. Would you please review Mr. Oser's letter and provide me with your response.

I look forward to your response.

Sincerely yours,

VANCE HARTKE, Chairman -- Surface Transportation Subcommittee

Enclosure

February 19, 1976

The Honorable Vance Hartke United States Senate

My dear Senator Hartke:

Enclosed, please find copies of letters concerning subjects of importance to this company and the trucking industry.

Any help you can give by lending your support will be greatly appreciated.

Very truly yours,

OSER LEASING COMPANY, INC.;

M. Dennis Oser -- Vice President General Manager

Enclosures

February 19, 1976

Bureau of Motor Carriers Safety -- Department of Transportation

Gentlemen:

RE: MVSS119

Please consider changing the subject standard so that it will apply to new tires only as they are purchased rather than as it now applies to all tires being used on April 1, 1976, regardless of date of purchase. The following two reasons appear to be the only applicable facts in this situation:

1. Safety will not be compromised by making the requested change.

2. There will be no adverse economic impact on the industry or this company if the requested change is made.

Sincerely,

OSER LEASING COMPANY, INC.;

M. Dennis Oser -- Vice President General Manager

February 19, 1976

The Honorable Lionel Van Doerlin -- Chairman, Subcommittee on Consumer Protection and Finance, House of Representatives

Dear Representative Van Doerlin:

Within your jurisdiction as an oversight committee for the National Highway Traffic Safety Administration, please accept the enclosed copy of a letter to the Bureau of Motor Carriers Safety with regard to MVSS119.

Further, with regard to MVSS121, any priority your committee could assign in its oversight role to putting this standard high on its agenda could be of significant impact economically to the trucking industry. The confusion and frustration being felt throughout the operating segment of this industry is disastrous.

Yours very truly,

OSER LEASING COMPANY, INC.;

M. Dennis Oser -- Vice President General Manager

Enclosure