Interpretation ID: nht78-3.39

DATE: 12/26/78

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Dominic S. Piacenza

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of November 9, 1978, asking whether a memorandum of understanding exists between the National Highway Traffic Safety Administration (NHTSA) and the Federal Trade Commission (FTC) concerning the apparent overlapping jurisdiction regarding tire marketing practices created by Section 203 of the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act) (15 U.S.C. 1423). You ask whether NHTSA's jurisdiction extends solely to safety-related issues.

NHTSA's authority is not confined solely to the area of motor vehicle and traffic safety. For example, under the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901) the agency has been given authority over the areas of fuel economy and economic losses to consumers as they relate to automobiles. While the Safety Act is primarily concerned with safety issues, Section 203 of that law does provide NHTSA with limited authority over tire marketing practices. The Uniform Tire Quality Grading Standards (49 CFR 575.104), issued by NHTSA under the authority of Section 203, provide information to consumers in tire performance areas relating to both safety and economic issues.

While the FTC is aware of and supports NHTSA's efforts in the field of tire grading, no memorandum of understanding exists with regard to the scope of NHTSA's activities. Section 205 of the Safety Act (15 U.S.C. 1425) does state that, in the event of conflict between orders or regulations issued under the Safety Act concerning motor vehicle tires and FTC orders or interpretations, the orders or regulations issued under the Safety Act shall prevail.