Interpretation ID: nht74-1.18

DATE: 05/20/74

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: The Japan Automobile Tire Manufacturers' Association, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your April 22, 1974, petition to permit the use of the DOT symbol on tires to which no standard applies.

The provisions appearing in the April 3, 1974, Federal Register (39 FR 12104) are amendments to the standard, and your submission is in effect a petition for reconsideration of these changes.

Our reasons for prohibiting the use of the DOT symbol on tires to which no motor vehicle safety standard is applicable are listed in Notice 7. We have found the expense of covering the label to be justified, to avoid confusion in the symbol's meaning and the concept of compliance. We have determined that means are available to securely cover the DOT symbol, or in the alternative, to remove it after the molding process.

For these reasons, your petition is denied.

Sincerely,

ATTACH.

Date: April 22, 1974

Docket Section -- National Highway Traffic Safety Administration

Subject: Petition on Label Covering the DOT Symbol of @ 574.5;

(Docket No. 71-18 Notice 7)

Gentlemen,

The Japan Automobile Tire Manufacturers' Association, on behalf of six tire manufacturers in Japan, hereby submits petition on the subject proposed Standard published in the Federal Register of April 3, 1974.

It is described in the preamble of subject Docket to the effect;

The DOT symbol shall not appear on tires to which no Federal Motor Vehicle Safety Standard is applicable, unless, in the case of tire for which a standard has been issued but which is not yet effective, the symbol is covered by a label that is not easily removable and that states "No Federal Motor Vehicle Safety Standard Applies to This Tire".

As this provision imposes unnecessary burdens on the tire manufacturers and would give very little benefit to the consumer, we would like to request that the NHTSA take following step for the reasons stated below: 1. DOT symbol may be molded into or onto the tires which conform to the final standard of FMVSS #119 even if the tires are manufactured prior to the effective date.

2. And, the tire manufacturers and brand name owners may sell tires without covering the DOT symbol by the label for three months prior to the effective date, in the case of tires for which a standard has been issued but which is not yet effective.

Reasons:

1. We believe that even if we covered the DOT symbol with the label, it could not contribute the safety of the consumer. In addition, there are the following demerits:

1.1 To require the tires which conform to the requirements of FMVSS #119 to have the DOT symbol covered by a label is not only burdensome to the tire manufacturers but also the consumers will ultimately bear the expense of providing labels.

1.2 From our past experience, 5 to 10% of the labels attached to the tire will come off during handling and shipping. Should it fall between the tire and the tube it may cause a flat tire which would involve a possible safety hazard and expose tire manufacturers to a product liability suit.

1.3 In the case of the tire sold as original equipment on a new motor vehicle, each motor vehicle is tested by running check before sending it out, we are afraid that some of the labels may come off before the consumer receives the car.

2. We think it is highly unlikely that any tire manufacturer would produce low quality tires and sell them in this short time before effective date. Some small degree of trust and practicality must exist.

3. We understand the lead time is defined as the period for molding the DOT symbol mark only on tires which conform to the final standard.

We would greatly appreciate your consideration on the above petition.

Very truly yours,

THE JAPAN AUTOMOBILE TIRE MANUFACTURERS' ASSOCIATION, INC.; Keigo Ohgiya, Executive Director