Interpretation ID: nht79-1.28

DATE: 03/22/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: National Tire Dealer & Reatreaders Association, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

March 22, 1979

Mr. Mark E. Grayson Executive Assistant for Government Affairs National Tire Dealers & Retreaders Association, Inc. 1343 L Street, N.W. Washington D.C. 20005

Dear Mr. Grayson:

This is in response to your letter of March 2, 1979, in which you request clarification of several points relating to the Uniform Tire Quality Grading (UTQG) Standards (49 CFR 575.104), and the record retention requirements applicable to tire retreaders.

You inquire first as to the obligations of tire dealers under the UTQG regulation. As explained more fully in our recent letter to Mr. Tony Hylton of your organization, the UTQG regulation places the responsibility for supplying tire grading information on vehicle and tire nanufacturers and tire brand name owners. These parties must make their own arrangements with tire distributors and dealers to assure that the required tire grading information reaches tire purchasers.

You ask whether bias-ply tires manufactured abroad prior to April 1, 1979, but imported into the United States after April 1, must be labeled in accordance with the requirements of paragraph (d)(1)(i)(B) of the UTQG regulation (49 CFR 575.104(d)(1)(i)(B)). Paragraph (d)(1)(i)(B), which becomes effective on April 1, 1979 for bias-ply tires, applies to bias-ply tires manufactured after that date. The date of manufacture rather than the date of importation is controlling in determining whether tires fall within the tread labeling requirements of the UTQG regulation.

You also ask whether tires to which the UTQG labeling requirements apply can be imported into the United States without the required tread labels, provided adequate labels are attached at the tires' point of sale. The purpose of the UTQG labeling requirements is to provide information to assist consumers in tire purchasing decisions. Therefore, the tread labeling requirements of the regulation would be satisfied if labels are attached at the dealership prior to the time the tires are offered for sale. However, manufacturers and brand name owners should be cautioned that they will be held responsible should the dealer incorrectly label the tires or neglect to attach the required labels.

Finally, you inquire whether manufacturers of retreaded tires must retain tire registration records compiled pursuant to Part 574, Tire Identification and Recordkeeping (49 CFR Part 574), in view of the recent exemption of retreaders from the registration requirements of that part. While the registration requirements of Part 574 no longer apply to the sale of retreaded tires, section 574.7(d) (49 CFR 574.7(d)) nonetheless requires that previously compiled records on retreaded tires be maintained for a period of not less than three years from the date the information was recorded by the tire manufacturer or his designee.

Sincerely,

Frank Berndt Acting Chief Counsel

March 2, 1979

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

Dear Mr. Hipolet:

As requested from our conversation on Thursday, I would like for NHTSA to clarify a few points dealing with the upcoming implementation of the Uniform Tire Quality Grading System.

1. What is the regulatory responsibility, if any, of our members, tire dealers, under the current regulations?

2. Can tires manufactured in a foreign country before April 1, 1979 but received in port after April 1, 1979 be available for sale without labels?

3. If tires are manufactured in a foreign country after April 1, 1979 but before the tire quality information has to be molded on the tire are imported without labels, can labels be attached at point of sale?

On another front, would you please let us know what the requirements are for retreaders to retain previous records of retread registration now that the retreader no longer has to register the tires.

We appreciate your prompt attention to these matters. We look forward to hearing from you soon.

Sincerely,

Mark E. Grayson

Executive Assistant for Government Affairs