Interpretation ID: nht80-2.44

DATE: 06/06/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Meon, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

Mr. Martin D. Davis Meon, Inc. 221-18 Merrick Boulevard Springfield Gardens, New York 11413

Dear Mr. Davis:

This is in response to your letter of May 12, 1980, requesting interpretation of paragraph (c)(2)(iii) of the Uniform Tire Quality Grading Standards (49 CFR S 575.104). That paragraph provides that to qualify as a limited production tire a tire cannot have been listed as a vehicle manufacturer's recommended tire size designation for a new motor vehicle produced in or imported into the United States in quantities greater than 10,000 during the preceding calendar year. You ask whether a tire meets this requirement if its size is recommended for use on several new vehicles, none of which is produced in quantities greater than 10,000 yearly, but which in the aggregate account for annual production in excess of 10,000 vehicles.

Paragraph (c)(2)(iii) refers to "a vehicle manufacturer's recommended tire size designation (emphasis added)" and "a new motor vehicle (emphasis added)", indicating that the 10,000 vehicle limitation refers to the production or importation of a particular vehicle model, rather than the total of all models for which the tire size is recommended. Thus, if a tire's size is recommended for use on several vehicle models, none of which is produced in or imported into the United States in quantities greater 10,000 during the calendar year preceding the year of the tire's manufacture, the tire would meet the criterion of paragraph (c)(2)(iii).

Sincerely,

Frank Berndt Chief Counsel

MAY 12, 1980

MR. RICHARD J. HIPOLIT OFFICE OF CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ROOM 5219 400 7TH STREET S.W. WASHINGTON, D.C. 20590

DEAR MR. HIPOLIT:

PURSUANT TO OUR TELEPHONE CONVERSATION OF TODAY WE REQUEST THAT YOU CLARIFY A POINT.

SEE PAGE 23443 PARAGRAPH 575.04-(III) "A NEW MOTOR VEHICLE". THIS MEANS WHAT? ONE MODEL OR SEVERAL MODELS? MY LAWYER SAYS ONE MODEL. FOR EXAMPLE, SIZE 205/70HR14, NO CAR HAS A PRODUCTION OF 10,000 BUT IF YOU TAKE 5 OR 6 MODELS THEY ADD UP TO 15,000. WHAT DO WE DO?

SINCE YOU INDICATE NO CRITERIA FOR ANYTHING WE ARE USING THE ATTACHED AUTOMOTIVE NEWS LISTS AND THE 1979 TIRE GUIDE.

VERY TRULY YOURS,

MARTIN D. DAVIS MEON, INC.

MDD;AB ENC: