Mr. Harold J. Herzlich
Herzlich Consulting, Inc.
8908 Desert Mound Drive
Las Vegas, NV 89134

Dear Mr. Herzlich:

This responds to your letter dated February 5, 1996 in which you asked this agency to reverse its denial of your petition of June 13, 1995. You had suggested in your petition that the National Highway Traffic Safety Administration (NHTSA) should amend the tire standards to require the Awearout indicators,@ currently required on tires, to be 3/32 inch, rather than the current requirement of 2/32 inch.

You state in your letter that NHTSA incorrectly paraphrased some of the justifications you provided in your petition to support the suggested amendments. You also state your belief that NHTSA=s denial of your petition was based on possibly obsolete 1967-1975 data, and that a public hearing is therefore necessary to develop the data pertinent to your proposal. Finally, you asked that your petition letter "be attached to any notice of action so the record will show the exact context of [your] comments."

The agency thoroughly evaluated your petition and discussed our rationale for denying it in the document published in the Federal Register on January 30, 1996 (denial of petition for rulemaking, 61 FR 2991). We continue to believe that our understanding and summary of the statements in your petition were accurate and that our stated rationale for the denial of your petition was based on relevant data. You provided no new information or data in your letter to supplement the assertions in your petition. Accordingly, the agency does not see reason to revisit the issues raised in your petition.

As you requested, a copy of your petition of June 13, 1995 will be attached to copies of your letter and of this response, for inclusion in the agency's public docket.

Thank you for your interest in motor vehicle safety.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:109 d:4/16/96