Interpretation ID: nht75-5.19

DATE: 05/28/75

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: Speaker of the House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: The purpose of this letter is to inform the Committees on Interstate and Foreign Commerce and on Public Works and Transportation of recent activities and decisions of the National Highway Traffic Safety Administration relating to the establishment of a Uniform Tire Quality Grading Standard (UTQGS). We are pleased to announce that this standard, required by section 203 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 USC 1423), was promulgated on May 20, 1975 (copy enclosed). The rule provides for grading tires in three areas: treadwear, traction, and temperature performance. I believe it will provide the consumer with the information he needs to determine which tire is the best value for him, considering his needs and driving habits.

As I am sure you are aware, we have had our share of problems in developing this rule. It had been our original intention to utilize a control tire against which other tires would be compared. In May of 1974, due to technical problems and time constraints imposed by the court in Nash v. Brinegar, Civil Action No. 17, D.C. (1974), the decision was made to attempt to utilize a control surface rather than a control tire. In order to investigate the feasibility of this approach, a section of runway at Goodfellow AFB, in San Angelo, Texas, was repaved, to provide a research control surface. At the outset of the research project the question had been raised regarding the applicability of section 301 of the National Traffic and Motor Vehicle Safety Act of 1966 (which provides for specific approval by the above mentioned Committees of the House and their counterparts in the Senate, before constructing facilities for testing in traffic safety) to the construction of the control surfaces. It was then determined that since the action was a short-term effort, and in the nature of a feasibility study, section 301 was not applicable. This research project was successful and forms the basis of the rule.

We have recently obligated a sum of $ 75,000, in addition to the approximately $ 750,000 expended for the earlier research project (including $ 165,000 for the control surface), for the purpose of altering the control surfaces and nearby roadway to enable manufacturers to use these surfaces to meet the requirements of complying with the rule.

Even though the associated conversion costs were less than $ 100,000, we recognized that alterations to the surfaces in late FY 1976 and FY 1977 will cause total expenditures to rise above that level. Therefore, prior to proceeding with the recent site conversion effort, we focused again on the issue of the applicability of section 301. We determined that the section is to facilitate testing in a matter which is first and foremost consumer information rather than traffic safety, for, as stated in section 203 of the Act, UTQGS is established "in order to assist the consumer to make an informed choice in the purchase of motor vehicle tires . . . ."

We will continue to keep you posted on the progress of the UTQGS as manufacturers begin testing. We expect to be able to provide the consumer with information in the near future which will enable him to make the best use of his tire dollars.