Interpretation ID: 7935
United States Senate
1342 Colonial Boulevard, Suite 27
Fort Myers, FL 33907
Dear Senator Mack:
Thank you for your letter of December 12, 1994, addressed to the Intergovernmental & Consumer Affairs office of this Department. You forwarded to us a letter from your constituent, Mr. Howard J. Levy, Vice- President, Used Tire International, of Deerfield Beach, Florida.
Mr. Levy expressed concern in his letters to you and this agency, the National Highway Traffic Safety Administration (NHTSA), about a proposed bill in the Puerto Rico Senate which would require that used tires imported into Puerto Rico have not less than 5/32 inch tread depth and which would impose a tax of $10 per tire on such imports. Mr. Levy is concerned that the proposed bill would mean the end of the used tire industry on the island. In his letter to this agency, he asked, "Does NHTSA have jurisdiction over these laws in Puerto Rico or does the Puerto Rican Senate control the regulations over highway safety," and requested our help in this matter.
We have carefully evaluated Mr. Levy's concerns. As discussed in our enclosed response to Mr. Levy, however, we have concluded that the laws and regulations that we administer will not be of help to him. Since our opinion is limited to consideration of the laws and regulations that we administer, we have suggested to Mr. Levy that he may wish to consult a private attorney concerning whether the proposed Puerto Rico bill raises other legal issues that are relevant to his concerns.
Sincerely,
Philip R. Recht Chief Counsel
Enclosure ref:109 d:1/17/95