ID: nht72-6.50

DATE: 02/09/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: George Diederich

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter to Secretary Volpe concerning the Tire Identification and Record Keeping regulation (49 CFR 574).

It is unfortunate that you feel the way you do concerning the regulation. However, it does not appear to be an unreasonable burden on the seller of the mobile home to record the name of the purchaser of the mobile home and forward it to the manufacturer.

With regard to the need for the regulation the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seg.) was amended by adding section 113(f) (15 U.S.C. 1402) which requires manufacturers of tires to maintain the names of first purchasers. The amendment also provides that the Secretary may establish procedures for the maintainance of these records.

The legislative history of section 113(f) clearly indicates that the Congress recognized that in spite of defective tires reaching the marketplace, tire manufacturers had no way of notifying the purchaser of the defective tire and that he could be jeopardising his life and property, as well as the life and property of the general public, by continuing to use the defective tire.

ID: nht72-6.51

DATE: 11/20/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Edgewood Motorcycle Shop

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letters of October 10 and 29, 1972, asking whether motorcycle tires designed exclusively for hill climbing or other off-highway use are required to be registered in accordance with NHTSA Tire Identification and Recordkeeping regulations (49 CFR Part 574).

We do not consider the regulations to require such tires to be registered. The NHTSA has determined that motor vehicle tires designed and manufactured exclusively for off-road use are not subject to the Tire Identification-requirements.

ID: nht72-6.52

DATE: 12/15/72

FROM: AUTHOR UNAVAILABLE; David Schmeltzer; NHTSA

TO: Pirelli Tire Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 27, 1972, requesting what date code should be assigned to tires manufactured during the week of December 31, 1972 through January 6, 1973.

Section 574.5(d) of the Tire Identification and Record Keeping regulation provides in pertinent part that:

"This first two symbols should identify the week of the year using '01' for the first full calendar year in each year. The final section of each year may include not more than six days of the following year." (emphasis added).

Therefore, the last three digits of tires manufactured during the week in question should contain the numerals 532 for the date code.

ID: nht72-6.53

DATE: 04/28/72

FROM: AUTHOR UNAVAILABLE; E.T. Driver; NHTSA

TO: Tiny's Tire Center

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your recent letter regarding tire identification and recordkeeping, and your suggestions for promotion of safety on the highways.

As you know the Congress set forth the requirements for tire identification and recordkeeping as a part of the National Traffic and Motor Vehicle Safety Act of 1966, amended May 22, 1970. The Safety Act specifically places responsibility for tire identification and recordkeeping upon the (Illegible Words) with the assistance of dealers and distributors. We believe Regulation Part 574 implements this mandate of the Congress in an effective and workable manner. Hopefully it will prove to be a protective measure to the great majority of conscientious industry members who are maintaining high safety standards in their products.

This Administration, by authority of the National Highway Safety Act of 1966, is also deeply involved in a program of traffic safety standards. Periodic Motor Vehicle Inspection is the first standard in the program. Details concerning the standard are contained in the Highway Safety Program Mannual Volume I, copy enclosed.

Another standard in the program entitled "Alcohol in Relation to Highway Safety" is described in the Highway Safety Program Mannual Volume 8, copy enclosed. As you know, State and local enforcement plays a major role in the success of this type of program. We acknowledge, however, that much work at the Federal level is yet to be done in this area of safety.

Standardizing automotive switches and controls is related to accident avoidance and is covered in the series-100 of Federal motor vehicle safety standards. Please note Standards No. 101 and No. 102 in the enclosed publication.

With regard to consumer information and protection, special attention is being given to this subject by the White House's Office of Consumer Affairs. We are enclosing a pamphlet that contains an index of Federal publications on how to buy and use consumer products.

Your interest in consumer safety and protection is very much appreciated.

ID: nht72-6.54

DATE: 06/08/72

FROM: AUTHOR UNAVAILABLE; David Schmeltzer; NHTSA

TO: Scott's Trailer Market

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 10, 1972 to Mr. E. T. Driver requesting further clarification of the Tire Identification and Record Keeping regulations concerning your responsibility as a seller of trailer coaches.

The regulation does not distinguish between the responsibility of manufacturers, distributors and dealers of trailer coaches as opposed to manufacturers, distributors and dealers of other type vehicles. Therefore, a manufacturer of a trailer coach is required, pursuant to section 574.10 of the regulation, to maintain a record of tires shipped on or in the vehicle and the name and address of the purchaser of the vehicle. The manufacturer is free to use the tire identification system on the tire or any other system as long as the system would enable him to notify the purchaser of the vehicle in the event the tires the vehicle is equipped with become the subject of a recall. Therefore, in most cases, if the manufacturer obtains the name of the purchaser from the seller and is able to identify the tires on the vehicle, he is able to meet this requirement. The method the manufacturer uses to maintain a record of the tires on the vehicle appears to vary, but the efficiency of that record is the responsibility of the manufacturer.

On the other hand, if the vehicle dealer changes tires prior to the sale to the user, the manufacturer is no longer responsible for maintaining the record of the tires on the vehicle. In this case section 574.9(b) of the regulation would apply and the vehicle dealer would have to send the name and address of the purchaser of the vehicle, the tire identification number of the tire on the vehicle, and the dealer's name and address to the manufacturer of the tires.

For your convenience enclosed is a copy of the regulation.

ID: nht72-6.55

DATE: 03/09/72

FROM: AUTHOR UNAVAILABLE; E.T. Driver; NHTSA

TO: Mid-North American Import Export Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 26, 1972, regarding importation of truck tires that were manufactured in Spain.

At the present time, the proposed Federal Motor Vehicle Safety Standard No. 119 that will apply to truck tires is in preparation. We expect that it will be issued in the very near future and that it will become effective on or about September 1, 1972.

Until then, truck tires are subject only to Regulation Part 574-Tire Identification and Recordkeeping, which became effective May 22, 1971. Importation of truck tires for use on the public roads and highways requires compliance with Regulation Part 574. We are enclosing a copy of the regulation so that you may be informed of your obligations as an importer. You may use the listed tires or sell them to distributors and dealers if regulation requirements are satisfied.

We are also enclosing a pamphlet that contains additional guidelines concerning importation of motor vehicles and equipment.

Apparently the tires described in your letter are manufactured in the Torrelavego, Santander, Spain plant of General Fabrica Espanola del Caucho, S.A. (General Tire International) and if manufactured since May 22, 1971, would be identified by the code marking AE

Please let us know if we can be of further assistance in this matter.

ID: nht72-6.56

DATE: 02/09/72

FROM: AUTHOR UNAVAILABLE; E.T. Driver; NHTSA

TO: Scott's Trailer Market

TITLE: FMVSR INTERPRETATION

TEXT: In reply to your letter of January 28, 1972, we are enclosing a copy of Regulation Part 574 - Tire Identification and Record-keeping.

To answer your specific question whether the manufacturer is responsible for furnishing the tire serial numbers, as a matter of record, on the invoice of the vehicle, the regulation does not specify this requirement.

The Manufacturer is not required to retain a record of tire identification numbers for each vehicle prior to shipment of the vehicle. Normally, the dealer records these numbers at the time of sale along with the purchaser's name and address. The manufacturer provides the means to record this information and the dealer remits the information to him.

If the manufacturer chooses to retain a record of tire identification numbers for each vehicle prior to shipment, although he is not required to do so, he may request the dealer to send him only replacement numbers involved in a change, plus name and address of purchaser.

Please let us know if you need further clarification of the subject.

ID: nht72-6.57

DATE: 08/07/72

FROM: RICHARD B. BYSON -- NHTSA ASSISTANT CHIEF COUNSEL

TO: LOUIS C. LUNDSTROM -- DIRECTOR GM ASE

TITLE: NONE

TEXT: Dear Mr. Lundstrom:

This is in reply to your letter of July 17, 1972, concerning the application of Motor Vehicle Safety Standard No. 302. Flammability of Interior Materials, n1 to radio speaker cones. You request clarification of an interpretation we sent to American Motors dated June 9, 1972, wherein we stated that "stereo speaker . . . cones incorporated into a door or rear shelf would be considered part of a 'trim panel' and 'compartment shelf,' respectively. You particularly request clarification of the phrase "incorporated into.

The NHTSA's position is that a speaker cone, while not generally subject to Standard No. 302 (we assume that it is not an "energy-absorbing" component), will be subject to the standard if it is "incorporated into" a component that is subject to the standard. We would consider a speaker cone to be "incorporated into" a trim panel or compartment shelf if the cone forms a portion of the surface of the panel or shelf. We would not consider a speaker cone merely attached to an enumerated component, but situated wholly underneath (shelf) or behind (trim panel) its surface to be subject to the standard.

I trust this clarifies our position.

Yours truly,

ID: nht72-6.58

DATE: 01/26/72

FROM: RICHARD B. DYSON -- ASSISTANT CHIEF COUNSEL NHTSA

TO: E. R. STERNBERG -- DIRECTOR ENGINEERING PLANNING - TRUCK GROUP WHITE MOTOR CORPORATION

COPYEE: DYSON; VINSON

TITLE: 40-30

ATTACHMT: LETTER DATED 1/3/72 FROM E. R. STERNBERG -- ENGINEERING PLANNING TRUCK GROUP WHITE MOTOR CORPORATION TO DOCKET ROOM NHTSA

TEXT: Dear Mr. Sternberg:

This is in reply to your letter of January 3, 1972, requesting an interpretation of S4.2.2 of Standard No. 101, as it applies to your proposed method of compliance for push-pull controls.

S4.2.2 requires, in pertinent part, that "Identification shall be provided for each function of any . . . heating and air conditioning system control, and for the extreme positions of any such control that regulates a function over a quantitative range." Identification such as that shown in your Example (2) would meet Standard No. 101, while the identification provided in Example (3) would not. Legends such as "Pull on" and "Push off" might more clearly indicate control positions than your suggested "Max (out)" and "Off (in)." The control which operates both the defroster and heater must identify both functions; "Defrost" as indicated is insufficient. Legends such as "Pull to defrost" and "Push for heat" would be acceptable for conformance.

Sincerely,

ID: nht72-6.59

DATE: 05/05/72 EST

FROM: RICHARD B. DYSON -- NHTSA ASSISTANT CHIEF COUNSEL

TO: W. G. MILBY -- PROJECT ENGINEER BLUE BIRD BODY COMPANY

TITLE: 40-30

TEXT: Dear Mr. Milby:

This is in reply to your letter of April 19 to Mr. Schneider asking for interpretations of the motor vehicle controls safety standard, Standard No. 101.

You have asked that we reconsider our earlier opinion that your heater gate valve is a "heating and air conditioning system control" for purposes of Standard No. 101. We see no reason to modify our earlier view. A control, as you have described it, that allows hot engine water to flow through the heater cores is clearly a heating system control, requiring identification as such. Table I of Standard No. 101 allows you the option of choosing your own form of identification. Perhaps a legend such as "Water Control" and a designation of "Winter" and "Summer" positions would clarify your intent that the valve not be used as a temperature control device. However, pursuant to paragraph S4.3 this control need not be illuminated, if, as appears likely, it does not direct air directly upon the windshield.

You have also asked if the cable-operated fresh air door whose function is to control the air that passes through the heater cores is also a "heating and air conditioning control." It appears that this control serves a function similar to that of the heater valve, and that identification is also required, with words or abbreviation at the manufacturer's option.

Finally, you ask if the defroster identification may be preceded by "RH" and "LH" to identify the right hand and left hand defroster systems respectively. The answer is yes; we have no objection to this form of identification.

Yours truly,