Interpretation ID: 86-2.30

TYPE: INTERPRETATION-NHTSA

DATE: 04/21/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Continental Products Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Peter Hofmann Product Manager Continental Products Corporation 1200 Wall Street West Lyndhurst, NJ 07071

Dear Mr. Hofmann:

This responds to your letter, asking three questions about any National Highway Traffic Safety Administration (NHTSA) requirements for labeling tires as "all-season" tires. I will answer your questions in the order they were presented in your letter.

1. Is there a definition issued by NHTSA regarding mud and snow tire tread design characteristics?

No, NHTSA has not issued any such specifications. For all of our tire regulations, except the Uniform Tire Quality Grading Standards (UTQGS: 49 CFR 5575.104), a tire is subject to the same requirements, regardless of its specific design characteristics. That is, all new passenger car tires must satisfy the requirements of Standard No. 109 and be labeled in accordance with Part 574. This is true whether the new passenger car tire is a mud and snow tire, all-season tire, high speed-rated tire, temporary spare tire, or a normal highway service tire. Accordingly, the agency has had no reason to define particular characteristics of a mud and snow tire for any regulation or standard besides the UTQGS, and the agency has not done so.

The UTQGS apply to all new passenger car tires with a few exceptions. One of the groups of new passenger car tires not subject to the UTQGS is "deep tread, winter-type snow tires." When all- season tires were first introduced, several manufacturers asked whether all-season tires qualified as deep tread, winter-type snow tires. The agency responded to these questions with an explanation of what the UTQGS means by the phrase "deep tread, winter-type snow tires." This discussion appeared at 44 FR 30140, May 24, 1979, and reads as follows:

"While all-weather tires may share some characteristics of snow tires under industry categorization systems, they are not limited in acceptable use to winter periods by virtue of their construction. The qualifying language 'deep tread, winter-type' indicates NHTSA's intention to except only a strictly limited class of tires, the deep tread rubber and tread design of which makes year round use on passenger automobiles inadvisable. Since all-weather tires are designed with a tread depth which permits and is in fact intended for safe operation throughout the year, they do not qualify as 'deep tread, winter-type snow tires' for purposes of the applicability of the UTQG Standards."

Hence, for the purposes of the UTQGS, it is the manufacturer who must, in the first instance, determine if a passenger car tire design incorporates a tread depth and design such that the tire qualifies as a deep tread, winter-type snow tire. A manufacturer making such a determination is not required to label the tire as a mud and snow tire; instead, the manufacturer simply is not required to comply with the UTQGS requirements for that tire design. In the course of its compliance enforcement for tires, the agency may reexamine the question of whether a particular tire design is a deep tread, winter-type snow tire. This is the only context in which the agency has ever addressed the issue of what constitutes a snow tire.

2. Can a tire have a paper label affixed stating that it is a mud and snow tire even if the symbol for a mud and snow tire is not molded into the tire sidewall?

NHTSA has no regulatory requirements specifying how or that a tire be labeled as a mud and snow tire. Therefore, your company may label mud and snow tires in any manner you wish without violating any NHTSA requirements.

It is possible that the Federal Trade Commission has established some requirements for the marketing of a tire as a mud and snow tire, under its authority to prevent "unfair or deceptive" marketing practices. To learn if the Federal Trade Commission has any requirements, you may write to: Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, Sixth Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580.

You may also wish to learn if there are any voluntary industry standards for the labeling of mud and snow tires. The American standardization organization for tires is the Tire and Rim Association, Inc. You may contact them at 3200 West Market Street, Akron, Ohio 44313. Naturally, the decision of whether to follow those voluntary industry standards is left to the discretion of your company.

3. Can a tire be labeled as an all-season tire even if no marking showing it is a mud and snow tire or all-season tire is molded into the sidewall?

The answer to this question is identical to the answer given above for question number 2. NHTSA has no regulations specifying that an all-season tire must be so labeled on the sidewall, so your company will not violate any NHTSA requirements by marketing the tire as an all-season tire without molding information into the sidewall. You may wish to contact the Federal Trade Commission to learn if they have any requirements and the Tire & Rim Association to learn if there is any voluntary industry practice in this area.

Sincerely,

Erika Z. Jones Chief Counsel

March 13, 1986

Mrs. Erika Jones Chief Council - NOA-3O NHTSA 400 7th Street, SW Washington, D.C. 20590

Dear Mrs. Jones:

We have the following questions regarding All Season tire labeling:

- Is there a definition in existence regarding M + S tread design characteristics issued by the NHTSA?

- Can a tire be labeled with M + S (paper sticker), even though the M + S is not embossed in the sidewall?

- Can we label a tire -All Season- even though no marking referring to M + S or All Season is embossed in the sidewall?

We would appreciate an answer to the above as soon as possible, as we are about to introduce new product lines in the All Season category.

Sincerely,

Peter Hofmann Product Manager

PH/emp