Interpretation ID: nht94-5.8

TYPE: INTERPRETATION-NHTSA

DATE: December 15, 1994

FROM: Bob Graham -- U.S. Senate

TO: John Womack -- Chief Council, Legislation Division, NHTSA

TITLE: NONE

ATTACHMT: Attached to 1/17/95 letter from Philip Recht to Bob Graham (A43; Std. 109); Also related to 1/17/95 letter from Philip Recht to Connie Mack (Std. 109; A43); Also related to 12/12/94 letter from Connie Mack to the DOT

TEXT: Dear Mr. Womack:

Enclosed is a letter from Mr. Howard Levy, who has concerns regarding guidelines used by states regarding tire tread requirements and whether they also apply to Puerto Rico.

I would appreciate your reviewing this situation and providing me with your comments. Please send your response to my state office: Post Office Box 3050, Tallahassee, Florida 32315, Attention: Sharon McLanahan.

I am grateful for your cooperation and assistance. I look forward to hearing from you soon.

With kind regards,

Sincerely

Enclosure 1:

December 6, 1994

The Honorable Bob Graham Post Office Box 3050 Tallahasse, FL 32315

Dear Senator Graham:

On October 6, 1994 I wrote to you about the proposed bill before the Senate in Puerto Rico, with the regards to the importation of used tires.

In these days of the N.F.T.A. and G.A.T.T. agreements it seams that the new tire manufacturers are pressing for a restraint of trade by pressing for the passage of this bill.

We have contacted the U.S. Department of Commerce they in turn have directed us to the National Highway Safety & Traffic Administration. We had written them on November 6, but as of today we have not gotten any response. We would like to get a copy of the laws regarding tire tread depth here in the U.S. and in Puerto Rico and we would like to know if they have jurisdiction in Puerto Rico. We need your help in getting this vital information.

If this bill passes it will surely mean the end of our industry in Puerto Rico

WE URGE YOUR HELP IN THIS MATTER!!!!

Sincerely,

Howard J. Levy Vice-President, Used Tire International

Enclosure 2:

November 3, 1994

DR. Ricardo Martinez Administrator National Highway Traffic Safety Administration 400 Seventh St. S.W. Washington, D.C. 20590

Dear Dr. Martinez:

Used Tire International, INC. is an Exporter of Quality Used Tires Worldwide. There is a very serious situation that has arisen in Puerto Rico in regards to the importation of Used Tires, a proposed bill is before the senate there that would require all Used Tires being imported to have a minimum 5/32" tread depth and a tax of $ 10.00 each. The tread depth of 5/32" is 3/32" more than the 2/32" that is required by U.S. law. Does the NHTSA have jurisdiction over these laws in Puerto Rico or does the Pue rto Rican Senate control the regulations over highway safety.

If this proposed Bill is passed this would mean the end of the Used Tire industry on the island. This is an industry that many people count on there because many people cannot afford to purchase new tire which I will add some new tires only have 4/32" t read. To inact a law that would require a Used Tire to have more or as much tread as a new tire would further hurt our industry.

WE URGE YOUR AGENCIES HELP IN THIS MATTER!!!!!

Sincerely,

Howard Levy Vice President

Enclosure 3:

10/28/94

Mr. Howard J. Levy Vice-President Used Tire International 837 S.E. 8th Ave., Suite 202 Deerfield Beach, FL 33441

Dear Mr. Levy: On behalf of Secretary Brown, I am pleased to respond to your letter regarding a proposed bill in Puerto Rico which would change tread depth regulations for selling used tires.

The U.S. Government agency responsible for developing guidelines used by states regarding tread requirements is the National Highway Traffic Safety Administration (NHTSA). The NHTSA would also be able to respond to your concerns regarding Puerto Rico. You may wish to contact directly the NHTSA:

Mr. Ricardo Martinez, M.D. Administrator National Highway Traffic Safety Administration (NHTSA) 400 Seventh Street, S.W. Washington, D.C. 20590 tel: (202) 366-1836

Thank you for your interest in this matter.

Sincerely,

Walter Bastian Director Office of Latin America and the Caribbean U.S. Dept. of Commerce

Enclosure 4:

December 5, 1994

Dr. Ricardo Martinez Administrator National Highway Traffic Safety Administration 400 Seventh St. S.W. Washington, D.C. 20590

Dear Dr. Martinez:

On November 3, 1994 I wrote to you about the proposed bill before the Senate in Puerto Rico. As of this letter I have not heard from you or your agency.

As I stated in my first letter to you this bills passage will mean the end of our industry in Puerto Rico.

WE NEED YOUR HELP IN THIS MATTER!!!!!

Would it also be possible for you to send a copy of the laws pertaining to tread depth in the U.S. and it's territories.

Sincerely,

Howard J. Levy Vice-President