ID: nht72-6.47

DATE: 10/05/72

FROM: AUTHOR UNAVAILABLE; E. T. Driver; NHTSA

TO: Gislaved

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of September 21, 1972, in which you inquire about the use of the third grouping of characters in the tire identification number required by Regulation Part 574.

You are correct in your understanding that there has been no recent change in the regulation regarding the optional use of the third grouping for tire type (Illegible Word) purposes. The third grouping may be used by the manufacturer if he so desires to identify significant characteristics of the tire and he may use up to four symbols in the group. However, if the tire is manufactured for a brand name owner, the third grouping must be used to identify the brand name owner. The tire type code is not compulsory except to identify a brand name owner.

Apparently the organization that uses the enclosure accompanying your letter is making (Illegible Words) within its own operations of using a 10 character identification number even though the regulation does not make it mandatory. The National Highway Traffic Safety Administration has no objection to this practice.

We appreciate your concern for compliance with the regulation. Please let us know if we can be of further assistance.

ID: nht72-6.48

DATE: 12/15/72

FROM: AUTHOR UNAVAILABLE; Douglas W. Toms; NHTSA

TO: Chester H. Smith; United States Senate

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your letter of October 26, 1972, forwarding the National Tire Dealers & Retreasers Association's (NTDRA) Resolution of October 2, 1972, regarding the Federal Regulation on Tire Identification and Recordkeeping.

The idea of attaching a return card on each tire at the factory to be filled out and returned by the purchaser was given serious consideration during rule making but no practical method was known for attaching a card that would assure retention through delivery to the dealer. Also, the suggestion that the consumer fill out the record card gave no promise of return as far as we could determine from our studies. However, we believe a dealer can be relied upon to record the data in a matter of a few minutes at minimum cost. These factors prevent us from accepting the NTDRA proposal as a reasonable compromise unit would still maintain the needed public interest.

With respect to effectiveness, we believe that the pay-off potential of the regulation, though rather poor in the first year of operation, is continuing to show improvement as time goes on. Although we have no precise count, many tires manufactured prior to May 22, 1971, were in stock and were put on the market during the past 17-month period. As time goes on these pre-regulation tires will gradually disappear from the market and be replaced entirely by the "identified" tires. We would expect that the effectiveness of Part 574 would not reach its full potential until a 3-year period had elapsed.

You may be interested in the following data concerning tire recalls: No. of Tires Recalled NHTSA Voluntary 1970 160,899 28,823 1971 78,050 157,143 1972 (incomplete) 100,000 76,915 338,949 262,881 Grand Total 601,830

These statistics show that almost 45 percent of tire recalls have been initiated on a voluntary basis by the tire manufacturer, and that voluntary recalls during 1971 and 1972 appear to have increased considerably over 1970. Although we have no exact figures on percentage of returns, we take this as an indication that the National Highway Traffic Safety Administration's tire safety program is removing dangerous tires from the road and the system we are using is showing considerable success toward reaching ultimate objectives. We are very much encouraged in the trend of Part 574 toward effectiveness of recalls.

We want to assure you that although the rule making docket reflects exploration of many ideas concerning tire identification and recordkeeping, we are still receptive to any new proposal that would appear promising in improving the present system.

Sincerely,

Enclosure

ATTACH.

United States Senate SELECT COMMITTEE ON SMALL BUSINESS

October 26, 1972

Douglas W. Toms -- Administrator, National Highway Traffic Safety Administration

Dear Dr. Toms:

We enclose a copy of a Resolution adopted by the 52nd annual convention of the National Tire Dealers & Retreaders Association, Inc.

Could you inform us, please, of the consideration being given by your Administration to the NTDRA's proposal? Do you think their plan might represent a reasonable compromise between the public interest in tire safety and the obvious interest of tire dealers in lessening their burden of wholly uncompensated Federal paperwork?

With best wishes,

Sincerely,

Chester H. Smith Staff Director - General Counsel

cc: Thomas J. McIntyre -- Chairman, Subcommittee on Government Regulation

October 16, 1972

Chester H. Smith -- Staff Director & General Counsel, Senate Small Business Committee

Dear Mr. Smith:

We believe the attached Resolution adopted at our recent Convention on Tire Identification and Record Keeping will be of interest to you.

Sincerely,

NATIONAL TIRE DEALERS AND RETREADERS ASSOCIATION, INC.; Philip P. Friedlander -- Director of Communications

enc.

RESOLUTION

52ND ANNUAL CONVENTION NATIONAL TIRE DEALERS & RETREADERS ASSOCIATION INC. OCTOBER 2, 1972 WHEREAS the National Tire Dealers and Retreaders Association has received a number of complaints from its members on the difficulties of registering the name and address of each purchaser of tires as required by the Tire Identification and Record Keeping Regulation as well as the attendant costs for the retailer without recovery, and;

WHEREAS the National Highway Traffic Safety Administration has failed to provide a uniform form for such records in spite of requests by tire dealers and others in the industry;

WHEREAS some of the recalls that were conducted during nineteen hundred and seventy two have been for tires manufactured prior to the registration requirement of May of nineteen hundred and seventy one;

WHEREAS the burden on the retailer and consumer alike has not been offset by appropriate advantages to the consumer;

NOW THEREFORE BE IT RESOLVED by the National Tire Dealers and Retreaders Association in Annual Convention assembled this second day of October, nineteen hundred and seventy two, that this Association urges the National Highway Traffic Safety Administration to re-examine its current program which requires the seller to register the first purchaser of a new tire and retreaded tire and that it consider a voluntary system of registration by the tire purchaser utilizing an uniform form supplied by tire manufacturers and distributed at the time of sale for the consumer to fill out and mail back to a designated place rather than to leave the entire burden with the individual tire dealer.

ID: nht72-6.49

DATE: 12/14/72

FROM: AUTHOR UNAVAILABLE; David Schmeltzer; NHTSA

TO: Edgewood Motorcycle Shop

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 30, 1972, asking if you have to maintain a record of the tires you sell and register or is it sufficient to mail the requested information to the tire manufacturer or the tire manufacturer's designee.

Under Part 574.8 of the Tire Identification and Record Keeping regulation (49 CFR Part 574) a tire dealer is recorded to submit the required information to the tire manufacturer or his designee but is not required to keep a separate record of the tires sold.

ID: nht72-6.5

DATE: 06/14/72

FROM: AUTHOR UNAVAILABLE; Z. Taylor Vinson; NHTSA

TO: Memorandum to interpretations file

TITLE: FMVSR INTERPRETATION

TEXT: SUBJECT: FIAT AMBULANCE

Giuseppe Carretto, the Fiat lawyer, telephone me on June 14 to ask whether a Fiat 238 truck chassis to which an ambulance body had been mounted would be considered a "multipurpose passenger vehicle."

I REPLIED THAT IT WOULD.

ID: nht72-6.50

DATE: 02/09/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: George Diederich

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter to Secretary Volpe concerning the Tire Identification and Record Keeping regulation (49 CFR 574).

It is unfortunate that you feel the way you do concerning the regulation. However, it does not appear to be an unreasonable burden on the seller of the mobile home to record the name of the purchaser of the mobile home and forward it to the manufacturer.

With regard to the need for the regulation the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seg.) was amended by adding section 113(f) (15 U.S.C. 1402) which requires manufacturers of tires to maintain the names of first purchasers. The amendment also provides that the Secretary may establish procedures for the maintainance of these records.

The legislative history of section 113(f) clearly indicates that the Congress recognized that in spite of defective tires reaching the marketplace, tire manufacturers had no way of notifying the purchaser of the defective tire and that he could be jeopardising his life and property, as well as the life and property of the general public, by continuing to use the defective tire.

ID: nht72-6.51

DATE: 11/20/72

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Edgewood Motorcycle Shop

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letters of October 10 and 29, 1972, asking whether motorcycle tires designed exclusively for hill climbing or other off-highway use are required to be registered in accordance with NHTSA Tire Identification and Recordkeeping regulations (49 CFR Part 574).

We do not consider the regulations to require such tires to be registered. The NHTSA has determined that motor vehicle tires designed and manufactured exclusively for off-road use are not subject to the Tire Identification-requirements.

ID: nht72-6.52

DATE: 12/15/72

FROM: AUTHOR UNAVAILABLE; David Schmeltzer; NHTSA

TO: Pirelli Tire Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 27, 1972, requesting what date code should be assigned to tires manufactured during the week of December 31, 1972 through January 6, 1973.

Section 574.5(d) of the Tire Identification and Record Keeping regulation provides in pertinent part that:

"This first two symbols should identify the week of the year using '01' for the first full calendar year in each year. The final section of each year may include not more than six days of the following year." (emphasis added).

Therefore, the last three digits of tires manufactured during the week in question should contain the numerals 532 for the date code.

ID: nht72-6.53

DATE: 04/28/72

FROM: AUTHOR UNAVAILABLE; E.T. Driver; NHTSA

TO: Tiny's Tire Center

TITLE: FMVSR INTERPRETATION

TEXT: Thank you for your recent letter regarding tire identification and recordkeeping, and your suggestions for promotion of safety on the highways.

As you know the Congress set forth the requirements for tire identification and recordkeeping as a part of the National Traffic and Motor Vehicle Safety Act of 1966, amended May 22, 1970. The Safety Act specifically places responsibility for tire identification and recordkeeping upon the (Illegible Words) with the assistance of dealers and distributors. We believe Regulation Part 574 implements this mandate of the Congress in an effective and workable manner. Hopefully it will prove to be a protective measure to the great majority of conscientious industry members who are maintaining high safety standards in their products.

This Administration, by authority of the National Highway Safety Act of 1966, is also deeply involved in a program of traffic safety standards. Periodic Motor Vehicle Inspection is the first standard in the program. Details concerning the standard are contained in the Highway Safety Program Mannual Volume I, copy enclosed.

Another standard in the program entitled "Alcohol in Relation to Highway Safety" is described in the Highway Safety Program Mannual Volume 8, copy enclosed. As you know, State and local enforcement plays a major role in the success of this type of program. We acknowledge, however, that much work at the Federal level is yet to be done in this area of safety.

Standardizing automotive switches and controls is related to accident avoidance and is covered in the series-100 of Federal motor vehicle safety standards. Please note Standards No. 101 and No. 102 in the enclosed publication.

With regard to consumer information and protection, special attention is being given to this subject by the White House's Office of Consumer Affairs. We are enclosing a pamphlet that contains an index of Federal publications on how to buy and use consumer products.

Your interest in consumer safety and protection is very much appreciated.

ID: nht72-6.54

DATE: 06/08/72

FROM: AUTHOR UNAVAILABLE; David Schmeltzer; NHTSA

TO: Scott's Trailer Market

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 10, 1972 to Mr. E. T. Driver requesting further clarification of the Tire Identification and Record Keeping regulations concerning your responsibility as a seller of trailer coaches.

The regulation does not distinguish between the responsibility of manufacturers, distributors and dealers of trailer coaches as opposed to manufacturers, distributors and dealers of other type vehicles. Therefore, a manufacturer of a trailer coach is required, pursuant to section 574.10 of the regulation, to maintain a record of tires shipped on or in the vehicle and the name and address of the purchaser of the vehicle. The manufacturer is free to use the tire identification system on the tire or any other system as long as the system would enable him to notify the purchaser of the vehicle in the event the tires the vehicle is equipped with become the subject of a recall. Therefore, in most cases, if the manufacturer obtains the name of the purchaser from the seller and is able to identify the tires on the vehicle, he is able to meet this requirement. The method the manufacturer uses to maintain a record of the tires on the vehicle appears to vary, but the efficiency of that record is the responsibility of the manufacturer.

On the other hand, if the vehicle dealer changes tires prior to the sale to the user, the manufacturer is no longer responsible for maintaining the record of the tires on the vehicle. In this case section 574.9(b) of the regulation would apply and the vehicle dealer would have to send the name and address of the purchaser of the vehicle, the tire identification number of the tire on the vehicle, and the dealer's name and address to the manufacturer of the tires.

For your convenience enclosed is a copy of the regulation.

ID: nht72-6.55

DATE: 03/09/72

FROM: AUTHOR UNAVAILABLE; E.T. Driver; NHTSA

TO: Mid-North American Import Export Company

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of February 26, 1972, regarding importation of truck tires that were manufactured in Spain.

At the present time, the proposed Federal Motor Vehicle Safety Standard No. 119 that will apply to truck tires is in preparation. We expect that it will be issued in the very near future and that it will become effective on or about September 1, 1972.

Until then, truck tires are subject only to Regulation Part 574-Tire Identification and Recordkeeping, which became effective May 22, 1971. Importation of truck tires for use on the public roads and highways requires compliance with Regulation Part 574. We are enclosing a copy of the regulation so that you may be informed of your obligations as an importer. You may use the listed tires or sell them to distributors and dealers if regulation requirements are satisfied.

We are also enclosing a pamphlet that contains additional guidelines concerning importation of motor vehicles and equipment.

Apparently the tires described in your letter are manufactured in the Torrelavego, Santander, Spain plant of General Fabrica Espanola del Caucho, S.A. (General Tire International) and if manufactured since May 22, 1971, would be identified by the code marking AE

Please let us know if we can be of further assistance in this matter.