Interpretation ID: nht80-2.37

DATE: 05/13/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Rubber Manufactures Association

TITLE: FMVSR INTERPRETATION

TEXT:

MAY 13, 1980

Mr. Thomas E. Cole Tire Division Rubber Manufacturers Association 1901 Pennsylvania Avenue, N.W. Washington, D.C. 20006

Dear Mr. Cole:

This is in response to your letter of April 14, 1980, regarding two apparent discrepancies in the revised Uniform Tire Quality Grading tread label format, published on November 29, 1979, in Docket 25, Notice 35 (44 FR 58475). As you note, the word "Vehicle" was omitted from the term "Federal Motor Vehicle Safety Standard No. 109" under the heading "Temperature" in Figure 2, Part II, of the regulation as published. This was an inadvertent omission which the National Highway Traffic Safety Administration (NHTSA) plans to correct in a future notice.

You also point out that paragraph (d)(1)(i)(B)(1) of the regulation (49 CFR 575.104(d)(1)(i)(B)(1)), applicable to tires manufactured prior to October 1, 1980, provides for use of the heading "DOT QUALITY GRADES" in capital letters, while Part I of Figure 2 of the regulation contains the heading "DOT Quality Grades" using lower case letters. The label format specified in paragraph (d)(1)(i)(B)(1) parallels the label format originally announced in Docket 25, Notice 24 (43 FR 30542; July 17, 1978), the heading of which used all capital letters. Since Part I of Figure 2 is not required on labels printed in accordance with paragraph (d)(1)(i)(B)(1), the use of lower case letters in the heading of Part I does not affect the requirements of paragraph (d)(1)(i)(B)(1). NHTSA will permit, at the manufacturer's option, the use of all capital letters in the heading of Figure 2, Part I, in printing labels to comply with the new two-part label format.

Sincerely,

Frank Berndt Chief Counsel

April 14, 1980

National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

SUBJECT: 49 CFR Part 575.104

Gentlemen:

Docket 25; Notice 35 was published in the November 29, 1979 Federal Register. The amended labeling requirements permit the use of labels employing the original format, at the manufacturers' option, until October 1, 1980. As the tire manufacturers have prepared their new labels using the format specified in Notice 35, two minor discrepancies have been noticed.

In the explanatory information under Figure 2 for Temperature, the word "vehicle" has been left out of the term "Federal Motor Vehicle standard No. 109." We assume the omission of the word "vehicle" is not intended and will undoubtedly be included in the labels prepared by tire manufacturers.

The second discrepancy noted is concerned with capital versus lower case letters of the term "DOT QUALITY GRADES." In Paragraph (B)(1) it says that the label shall contain information "in the form illustrated in Figure 2, Part II, bearing the heading DOT QUALITY GRADES." Figure 2 shows part of the phrase "DOT QUALITY GRADES" being in lower case letters. Thus, in one place in the regulation, it is required that all letters in this phrase be in capital letters, and in another place it is required that part of letters be in lower case.

Sincerely yours,

Thomas E. Cole Vice President Tire Division

TEC/kk