Interpretation ID: nht76-5.59

DATE: 11/15/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Gans Tire Co. Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your October 12, 1976, question whether the manufacturer recordkeeping requirements of @ 574.7 of NHTSA regulations (49 CFR Part 574) may be fulfilled by a tire importer by one or both of the following arrangements: the purchaser records of tires manufactured by company B abroad and imported by Gans would be maintained by company A; the purchaser records of tires manufactured by Company B abroad and imported by Gans would be compiled by Gans but maintained by company B.

Either of these arrangements is acceptable under the language of @ 574.7(b), which provides that "[each] tire manufacturer shall record and maintain or have recorded and maintained for him, the information specified. . . ." this language permits the designation of a person other than the tire manufacturer to maintain the required records. Despite this designation, of course, the ultimate responsibility for maintenance would lie with the importer that qualifies as the manufacturer in the situation you describe.

SINCERELY,

GANS TIRE CO., INC.

October 12, 1976

Office of Chief Council National Highway Traffic Safety Administration

Attention: Frank A. Berndt Acting Chief Counsel

This letter will confirm my conversation with Mr. Taylor Vinson of your office. As I mentioned to Mr. Vinson, we, in the past years prior to the DOT requirement for truck tires, purchased tires from Company A in Europe and imported them into the United States. Since that time this company has been acquired by another European tire manufacturer, Company B. We have now made the following arrangements:

1. To purchase tires from the international office of Company A, located in the U.S.A., to import these tires into the United States. The tires, in fact, will be made up and certified by Company B, but Company A will, in fact, control and keep the records of registration for these tires.

2. We are also purchasing direct from Company B in Europe. We are making arrangements to send to Company B a list of the customers who purchase the tires along with the necessary serial numbers, etc. They, in fact, will have the responsibility of holding this information for purposes of part 574.

Will you please confirm that these two plans are acceptable for purposes of compliance to part 574? I appreciate your cooperation in this matter and look forward to receiving your approval in the handling of this matter.

Thank you in advance for your kindnesses.

David Gans, President