Interpretation ID: nht76-4.11

DATE: 12/27/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Jack's Tire Company, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your November 23, 1976, letter concerning retreaded tires and Federal Motor Vehicle Safety Standard No. 117.

Your understanding that you are required to retain for three years certain records described in your letter is mistaken. While such a requirement was proposed in a Federal Register notice published on March 5, 1970 (35 FR 4136), it was never adopted. The NHTSA strongly recommends, however, that retreaders retain information on the materials and processes that they use, so that in the event of a defect or noncompliance they will be able to determine which tires are involved.

To assign you a retreader's identification mark, we need more information from you. 49 CFR Part 574.6 specifies that:

To obtain the identification mark required by @ 574.5(a), each manufacturer of new or retreaded motor vehicle tires shall apply after November 30, 1970, in writing, to "Tire Identification and Record- keeping," National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C., 20590, identify himself as a manufacturer of new tires or retreaded tires, and furnish the following information:

(a) The name, or other designation identifying the applicant, and his main office address.

(b) The name, or other identifying designation, of each individual plant operated by the manufacturer and the address of each plant, if applicable.

(c) The type of tires manufactured at each plant, e.g., passenger car tires, bus tires, truck tires, motorcycle tires, or retreaded tires.

Enclosed for your convenience is an information sheet entitled "Where to Obtain Motor Vehicle Safety Standards and Regulations.

SINCERELY,

Frank A. Berndt Acting Chief Counsel

MEMO

TO: Motor Vehicle Safety Performance Service National Highway Safety Bureau Federal Highway Safety Administration U.S. Dept of Taxation

FROM: JACK'S TIRE COMPANY INC

SUBJECT: D O T. REg. No. DATE: 11/23/76

MESSAGE

Please Issue a Code # to identify retreads produced by My Company. I understand that it is required of me to keep the following records for at least a period of three years. (1) records of the material used in theretreading process) (2) records of performance test, (3) records of reported defects and failures, with associated causes.

Also requesting a Current copy of "Federal Motor Vehicle Safety Standard No. 117.

Jack D. Cooper, PRESIDENT