Interpretation ID: 86-2.49

TYPE: INTERPRETATION-NHTSA

DATE: 04/28/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Robert P. Horbatt

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Robert P. Horbatt President Semperit Tire Company 156 Ludlow Avenue Northvale, NJ 07647

Dear Mr. Horbatt:

This responds to your letter to Stephen Kratzke of my staff, in which you stated your interpretation of the requirements of the Uniform Tire Quality Grading Standards (49 CFR S575.104: "UTQGS"). You stated that your company is introducing a new all-season tire to the United States market, and that you would like to import the first six months' production without the UTQGS grades molded onto the sidewall of the tires, but with paper labels showing those grades. This course of action is expressly permitted by the UTQGS.

First, the UTQGS is applicable to all-season tires. Section 575.104(c)(1) specifies that the UTQGS does not apply to "winter-type snow tires." The National Highway Traffic Safety Administration has explained that winter-type snow tires refers only to tires with a deep tread rubber and tread design which are inadvisable for year-round use on passenger automobiles. Since all-season tires are not "winter-type snow tires," they are subject to the requirements of the UTQGS. See 44 FR 30139, at 30140: May 24, 1979.

The requirement that the grades assigned under the UTQGS be permanently molded onto one sidewall of each passenger car tire is set forth in 49 CFR S575.104(d)(1)(i)(A). However, that section reads: "Except for a tire of a new tire line, manufactured within the first six months of production of the tire line, each tire shall be graded with the words, letters, symbols, and figures ... permanently molded into or onto the tire sidewall...." A tire line introduced for the first time into the United States is considered a new tire line for the purposes of this section. Therefore, our UTQGS regulation does not require you to mold the assigned grades onto a sidewall of those tires manufactured within the first six months of production. Such tires are subject to the requirement that a paper label, showing the UTQGS grades assigned to the tire, be affixed to its tread surface (49 CFR S575.104(d)(1)(i)(B)), and that the grades assigned to those tires appear in the information furnished to prospective purchasers of the tires (49 CFR S575.6 (c)).

If you have any further questions or need more information of this subject, please contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely,

Original Signed By

Erika Z. Jones Chief Counsel

February 27, 1986

Mr. Steven Kratske Office of Chief Council NHTSA Room 5219 400 Seventh Street S.W. Washington, D. C. 20590

Dear Mr. Kratske:

Semperit Reifen A.G. in Austria, our parent company, would like to introduce a new All Season Tire to the United States market.

In accordance with the DOT regulations, we would like to import the initial first six months' production without engraving the UTQG ratings in the sidewall but with a label listing UTQG ratings.

In the meantime, we are in the process of permanently engraving the UTQG ratings in the molds to comply with the regulations.

Yours truly,

SEMPERIT TIRE COMPANY

Robert P. Horbatt President

RPH:ms