Interpretation ID: 2067y
S.E.M. Co.
12244 Truro Avenue
Hawthorne, CA 90250
Dear Mr. Shoner:
This responds to your letter asking about NHTSA's regulation of foam-filled tires. Specifically, you asked what criteria must be satisfied in order for a foam-filled tire to be approved by this Department, and whether any foam-filled tires have satisfied these criteria. As explained below, NHTSA does not "approve" any motor vehicle or item of motor vehicle equipment. Instead, the manufacturer itself must certify that the vehicle or item of equipment complies with any and all applicable safety standards.
By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; the Safety Act) gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. When the agency has issued an applicable safety standard, section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any new motor vehicle or new item of equipment unless the vehicles or equipment comply with the applicable standard.
A manufacturer is not required to get "approval" or "recognition" from this agency before selling its motor vehicles or items of motor vehicle equipment. In fact, NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, section 114 of the Safety Act (15 U.S.C. 1403) establishes a self-certification process under which every manufacturer is required to certify that each of its products meet all applicable Federal safety standards.
I note that, following a telephone conversation with you, Marvin Shaw of my staff sent you a copy of our September 2, 1986 letter to Mr. Andrew Kroll explaining how NHTSA's regulations apply to foam-filled tires. That letter remains an accurate expression of this agency's regulation of foam-filled tires. If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Stephen P. Wood Acting Chief Counsel
Enclosure ref:l09 d:l0/5/89