Interpretation ID: nht71-3.25

DATE: 07/07/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Chase Manhattan Capital Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 21, 1971 concerning the Tire Identification and Record Keeping regulation (49 CFR Part 574). We are concerned with the points you raise in your letter regarding the confidentiality of tire dealers customer's lists and the extra burden the regulation causes dealers who handle more than one brand of tires.

However, under the National Traffic and Motor Vehicle Safety Act we do not feel we have authority to require the tire manufacturer to choose someone as his designee. Section 113(f) of the Act makes the tire manufacturer responsible for maintaining the records of first purchasers.

As you probably know, any use of the customer's list by the tire manufacturer is expressly prohibited by the regulation. Any violation of this prohibition will be enforced.

I have enclosed for your information a copy of a notice published in the Federal Register May 28, 1971 which is relevant to the points you raise.