Interpretation ID: nht78-1.47

DATE: 11/20/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Burke & Burke

TITLE: FMVSR INTERPRETATION

TEXT:

November 20, 1978

Mr. Michael Pinto Burke & Burke 30 Rockefeller Plaza New York, New York 10020

Dear Mr. Pinto:

This is in response to your letter of October 25, 1978, requesting approval of the tread labels Atlas Supply Company proposes to use in satisfaction of the labeling requirements of the Uniform Tire Quality Grading Standards (UTQGS) (49 CFR 575.104(d)(1)(i)(B)). You propose to include the applicable UTQGS grades for a particular tire on a tread label identifying the tire brand, type and size. All possible traction and temperature grades would be depicted with the grades applicable to the specific tire indelibly circled. A separate label would contain the general grading information from Figure 2 of the rule.

Part 575.104(d)(1)(i)(B) requires that each passenger car replacement tire, other than a snow tire or temporary use spare tire, have affixed a tread label containing both the specific UTQGS grades for the tire and an explanation of the grades in the form illustrated in Figure 2. While the National Highway Traffic Safety Administration (NHTSA) has no objection to the inclusion of the required UTQGS information on the same label with other data such as tire size and brand name, failure to provide the required explanations on the same label with the applicable tire grades is not permitted by the regulation.

While Atlas' proposed tread labels do not meet the present requirements of Part 575.104(d)(1)(i)(B), NHTSA now has under consideration a petition for rulemaking requesting amendment of the UTQG regulation to permit greater flexibility in tread labeling.

Sincerely,

Joseph J. Levin, Jr. Chief Counsel

October 25, 1978

Mr. Richard Hipolit Office of Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, D.C. 20590

Dear Mr. Hipolit:

Uniform Tire Quality Grading Standards

This letter is in response to our telephone conversation of October 23, 1978.

Atlas Supply Company (Atlas) is a trademark licensing organization which licenses the nationally known mark "ATLAS" for use on tires, batteries and other automobile accessory items.

In anticipation of the March 1, 1979 effective date for bias ply tires, Atlas is preparing revisions to its tire labels to bring them in compliance with the above referenced standards. Attached hereto as Exhibit "A" is a proposed layout of a tire label (in two parts) which contains the treadwear, traction and temperature grades of the tire required by 49 C.F.R, 575.104(d)(1)(B) as well as other pertinent information. The other part of the label contains other information in the form illustrated in Figure 2 of the standards.

Due to the amount of information required to be printed and the space limitations of the tire tread surface, Atlas is of the opinion that all of the requirements can best, if not only, be met by the use of a two-part label. Atlas will specify to the tire manufacturers that the information illustrated in Figure 2 must be immediately adjacent to the tire grading information.

We request your concurrence in our conclusion that this arrangement fully complies with the aforesaid standard.

Very truly yours,

Michael Pinto

MP:jg

Enc.

cc. Mr. F. F. Messier Mr. G. V. Cambeis