Interpretation ID: 1983-2.21

TYPE: INTERPRETATION-NHTSA

DATE: 06/23/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: The BF Goodrich Company -- C.J. Johnston, Manager, Product Reliability

TITLE: FMVSR INTERPRETATION

ATTACHMT: 4/5/83 letter from Frank Berndt to Toyo Tire Corporation

TEXT:

Mr. C. J. Johnston Manager, Product Reliability The BF Goodrich Company Tire Group 500 South Main Street Akron, Ohio 44318

Dear Mr. Johnston:

This is in response to your May 12, 1983 letter regarding the tire sidewall molding requirements of the Uniform Tire Quality Grading Standards. In that letter you indicated that, acting in reliance on statements by a NHTSA employee, your company modified certain new tire molds by deleting the numerical treadwear grade from the sidewall label, but leaving the word "TREADWEAR" in place. NHTSA subsequently stated, in a letter to Toyo Tire Company, that if the sidewall molded label is modified, both the numerical grade and the word "TREADWEAR" should be deleted. You also indicated that BF Goodrich is now in the process of modifying the molds again to delete the word "TREADWEAR".

In light of your good faith reliance on agency statements and your current efforts to conform to the policy stated in our letter to Toyo Tire Company, NHTSA will take no enforcement action regarding sidewall molding requirements for tires produced through the completion of the mold modification process.

For future reference, please be aware formal interpretations of legal requirements are issued only by this office and only in writing. To obtain an interpretation upon which reliance can be placed for purposes of making business decisions, you should direct a letter of inquiry to the Chief Counsel's Office.

Sincerely,

Frank Berndt Chief Counsel

May 12, 1983 Mr. Frank Berndt, Chief Counsel

Dear Sir:

The BF Goodrich Company agrees with the NHTSA decision to suspend the treadwear grading requirement specified in 49 CFR 575.104. We agree with the NHTSA statement that "the treadwear grades are apparently not only failing to aid many consumers, but also are affirmatively misleading then in their selection of new tires."

When the suspension was announced, we had several new lines of molds ready for production. We felt that removing the numerical grade would help avoid further confusion. Our decision to leave the word "treadwear" in these molds was simply a matter of economics. The molds were already stamped and we wished to avoid the expense and delay required to remove it, especially due to the uncertainties as to litigation on this issue.

Before deleting the numerical grade, we sought clarification of the new tire labeling requirements. On February 7, 1983, a telephone discussion was held with the designated NHTSA contact regarding the acceptability of leaving the word "treadwear" but removing the numerical treadwear grade from new lines of tire molds. We were advised that this would be acceptable. This same advice was given by the agency to the Deputy Director of the Tire Division, Rubber Manufacturers Association (RMA), and it was in turn reported to other RMA members.

We learned, according to your April 5, 1983 letter to Mr. K. Inoue of the Toyo Tire Corporation, that the omission of the numerical grade now is not considered an acceptable format for the UTQG labeling on the sidewall of tires. The reason stated was that the display format could be interpreted as attributing the grade which appears after the word "traction" to both the treadwear and traction performance of the tire and thus could confuse tire purchasers.

We had a telephone discussion with a member of your staff on April 12, 1983 to review this history and inquire about appropriate action to be taken with regard to our present circumstances. This letter is the result of his suggestion that essential information covering this situation be communicated to you.

Since February, 1983, we have produced several new lines of tires with the numerical treadwear grades omitted. To date, we have produced approximately 420,000 tires from these molds. The mold branding is being revised to remove the word "treadwear." However, because of the number of molds involved, it is anticipated that the branding revision could take up to two months to complete. During that period, we could produce another 150,000 tires.

To summarize, we acted in good faith to comply with the treadwear suspension and with verbal guidance from the agency to both us and the Industry, through RMA. Accordingly, our tires no doubt will be part of a larger group of tires produced by the Industry with various branding formats during the interim period prior to implementation of the final version of the new branding format. Nevertheless, and in the meantime, we have started the action described above, consistent with your letter of April 5, 1983 to Toyo Tire Corporation.

Yours truly,

C. J. Johnston Manager, Product Reliability

Enclosure (4/5/83 letter from Frank Berndt to Toyo Tire Corporation omitted here.)