Interpretation ID: aiam3681
National Technical Service Manager
Toyo Tire Corporation
Compton
CA 90221;
Dear Mr. Inoue: This responds to your February 16, 1983, letter to Joseph Innes of thi agency regarding permissible methods for displaying Uniform Tire Quality Grading (UTQG) information on the sidewall of tires. Your first proposed alternative would delete the treadwear grade number, but not the word 'TREADWEAR' itself, from the format established in Option 3 of Figure 1, 49 CFR 575.104. The second proposed alternative would delete both the word 'TREADWEAR' and the numerical grade from the format specified in Option 3, Figure 1. Your proposed alternatives would be used only on tires produced in molds manufactured before August 8, 1983.; In the agency's February 7, 1983, notice suspending the treadwea portion of the UTQGS, tires produced in molds manufactured prior to August 8 were required to display UTQG information on tire sidewalls in one of the formats specified in Figure 1 or in Figure 6 of 49 CFR 575.104. Your first proposed alternative is clearly different from each of the permitted formats. The permitted formats require either that the word 'TREADWEAR' must appear next to the treadwear grade on the tire, or neither the word nor the numerical grade must appear. Your first alternative could confuse tire purchasers, since the display format could be interpreted as attributing the grade which appears after the work (sic) 'TRACTION' to both the treadwear and traction performance of the tire. Therefore, your first proposed alternative would not be permitted under 49 CFR 575.104.; Your second proposed alternative is quite similar to one permitte format, Option 3 in Figure 6. The only difference between your second alternative and Option 3 is that the traction information is centered in the format in Option 3, while it is slightly off-center in your alternative. Your second alternative should in no way be misleading to tire purchasers, however. Further, nothing in our regulations specifies precise centering of the traction information.; Any inconsistency between your proposed format and the permitted one i so small that the agency would, as a matter of prosecutorial discretion, make no attempt to enforce the UTQGS format requirement when your second alternative is used.; If you have further questions on this matter, please contact us. Sincerely, Frank Berndt, Chief Counsel