ID: aiam2641

Dear Mr. Alderson: This responds to your June 3, 1977, request for confirmation that 572.7(b) of Part 572, *Anthropomorphic Test Dummy* (49 CFR 572), specifies a minimum time period during which the pendulum used in testing may not reverse direction rather than an exact time.; Your interpretation is correct. The specification that the pendulu 'shall not reverse direction until T=123 ms' means that reverse travel must not occur earlier than 123 milliseconds after chordal displacement begins. The agency believes that this language can be improved and intends to clarify it at the next opportunity.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: 1983-1.49

TYPE: INTERPRETATION-NHTSA

DATE: 05/03/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Teledyne Continental Motors -- T.A. Eschbaugh, General Products Division

TITLE: FMVSS INTERPRETATION

ATTACHMT: 2/8/83 letter from Frank Berndt to Talbot Engineers Inc.

TEXT:

Mr. T. A. Eschbaugh Teledyne Continental Motors General Products Division 76 Getty Street Muskegon, Michigan 49442

Dear Mr. Eschbaugh:

This responds to your letter of March 22, 1983, asking whether any Federal motor vehicle safety standard (FMVSS) specifies wiped area requirements for multipurpose passenger vehicles, trucks and buses. The answer to your question is no.

FMVSS No. 104, Windshield Wiping and Washing Systems, specifies requirements for windshield wiping and washing systems. As discussed in an enclosed letter of interpretation, while the standard applies to passenger cars, multipurpose passenger vehicles, trucks and buses, the standard's wiped area requirements only apply to passenger cars. Neither FMVSS No. 104 nor any other Federal motor vehicle safety standard specifies wiped area requirements for multipurpose passenger vehicles, trucks and buses.

Sincerely,

Frank Berndt Chief Counsel

(Enclosure omitted here.)

22 March, 1983

Chief Counsel for Legal Interpretation, NHTSA Subject: Clarification of Federal Motor Vehicle Safety Standard Requirement 104 Re: Title 49 Code of Federal Regulations 571.104 Paragraph S.2 and S.4.1.2

Dear Sir:

Paragraph S.2 of the above cited reference states that Requirement 104 applies to passenger cars, multipurpose passenger vehicles, trucks and buses. Paragraph S.4.1.2 specifies wiped area requirements for passenger cars. Multipurpose passenger vehicles, trucks and buses are not mentioned in Paragraph S.4.1.2.

Question: Are wiped area requirements for multipurpose passenger vehicles, trucks and buses specified by FMVSS requirement?

If these requirements are specified, what are the appropriate references?

Very truly yours,

TELEDYNE CONTINENTAL MOTORS General Products Division

T. A. Eschbaugh

TAE/js cc: Messrs. A. Saporito, E. Blackburne, R. Schuler, T. Schwallie

ID: nht72-1.26

DATE: 04/24/72

FROM: AUTHOR UNAVAILABLE; L. R. Schneider; NHTSA

TO: National Tire Dealers & Retreaders Association, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of March 28, 1972, asking whether passenger car tires that have been reclassified, under Standard 109, as "Unsafe for Highway Use" because they do not conform to the standard may be sold with, or for use on, a vehicle other than a passenger car. For the reasons given below, our answer to your question is no.

Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act states that:

"No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard except as provided in subsection (b) of this section." (Emphasis supplied.)

We presume that the argument for allowing use of a nonconforming passenger car tire on another type of vehicle (in your case a boat trailer) would be that by so using the tire, it ceases to be a "tire for use on passenger cars" in the words of the application section of Standard 109, that the standard does not apply to it, and since there is currently no standard for tires on vehicles other than passenger cars, anything may be used on such vehicles.

We would reject this argument. We interpret Standard 109 as applying to tires that are designed and produced for use on passenger cars, and in this view a tire so designed and produced does not become something else because it is ultimately used for a different purpose. The effect of section 108, then, is not merely to prohibit nonconforming passenger car tires from being sold on passenger cars, but to prohibit them from being sold at all, as "motor vehicle equipment."

As an entirely separate matter, any reclassified tire sold as motor vehicle equipment would be presumed to contain a safety-related defect within the meaning of sections 111 and 113 of the Act.

ID: aiam1072

Dear Mr. Coleman:#This is in reply to your letter of March 20, 1973, t this agency asking about the applicability of paragraph S4.1.2 of Federal Motor Vehicle Safety Standard No. 104 to vehicles other than passenger cars.#Your understanding is correct that the standard establishes wiped area requirements only for passenger car windshields. The NHTSA is engaged in research with the intent of establishing an all- weather visibility standard, combining Standards No. 103 and 104, that would among other things extend the windshield wiped area requirements to vehicles other than passenger cars. However, it is not possible to say when we will issue a rulemaking proposal on this subject.#Sincerely, Richard B. Dyson, Assistant Chief Counsel;

ID: 2170y

The Honorable Bud Shuster
U.S. House of Representatives
Washington, DC 20515

Dear Mr. Shuster:

Thank you for your inquiry on behalf of your constituent, Mr. Lester Hoover. Mr. Hoover requested information about laws that cover the branding of tires that are not first quality. In addition, he asked whether there is any way to apply such a law to other consumer goods such as batteries. This inquiry has already been referred to the Federal Trade Commission (FTC), which sent you a letter dated October 16, 1989 explaining its tire labeling regulations. The FTC's letter also indicated that this agency's tire labeling regulations might be of interest to Mr. Hoover.

Let me begin by explaining that the National Highway Traffic Safety Administration has promulgated regulations related to tires. In particular, Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires, applies to new tires for use on passenger cars, Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, applies to new tires for use on vehicles other than passenger cars, Standard No. 117, Retreaded Pneumatic Tires, applies to retreaded tires for use on passenger cars, and Part 569, Regrooved Tires, applies to all regrooved tires. Each of these regulations includes some labeling requirements.

The National Traffic and Motor Vehicle Safety Act requires that every manufacturer certify that each of the tires it produces complies with these standards, including the labeling requirements. Thus, even a tire identified as something like "blemished" or "out-of-round" must be certified as complying with all provisions of the applicable safety standard(s). None of the regulations administered by this agency require, or establish any standards for, the identification of tires as something other than "first quality."

If some Federal regulation exists that requires the identification of tires as something other than "first quality," it would be promulgated by the FTC under that agency's authority to regulate unfair and deceptive trade practices. If the FTC does not have any such regulation, I am not aware of any other Federal agency that would have authority in this area. Similarly, I am not aware of any such labeling regulations that could be applied to consumer goods such as batteries. I hope you find this information helpful. Please let me know if you have any further questions or concerns in this area.

Sincerely,

Stephen P. Wood Acting Chief Counsel

/ref:109#117#119 d:ll/20/89

ID: aiam1997

Dear Mr. Morton: Please forgive the delay in responding to your letter of April 28 1975, concerning tires used on pull brooms.; Federal Motor Vehicle Safety Standard No. 119, *New pneumatic tires fo vehicles other than passenger cars*, (copy enclosed), specifies labeling and performance requirements for all tires designated for use on pull brooms. This standard applies to all such tires manufactured on or after March 1, 1975. There is presently no requirement, however, that vehicles be equipped with tires conforming to the standard. the National Highway Traffic Safety Administration has proposed and is considering the issuance of a new Standard No. 120, *Tire Selection and Rims for motor vehicles other than passenger cars*, which would require all new pull brooms manufactured after its effective date to be equipped with tires conforming to Standard No. 119.; Yours truly, Frank Berndt, Acting Chief Counsel

ID: aiam1998

Dear Mr. Morton: Please forgive the delay in responding to your letter of April 28 1975, concerning tires used on pull brooms.; Federal Motor Vehicle Safety Standard No. 119, *New pneumatic tires fo vehicles other than passenger cars*, (copy enclosed), specifies labeling and performance requirements for all tires designed for use on pull brooms. This standard applies to all such tires manufactured on or after March 1, 1975. There is presently no requirements, however, that vehicles be equipped with tires conforming to the standard. The National Highway Traffic Safety Administration has proposed and is considering the issuance of a new Standard No. 120, *Tire selection and rims for motor vehicles other than passenger cars*, which would require all new pull brooms manufactured after its effective date to be equipped with tires conforming to Standard No. 119.; Yours truly, Frank Berndt, Acting Chief Counsel

ID: nht89-3.40

TYPE: INTERPRETATION-NHTSA

DATE: 11/20/89

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL NHTSA

TO: BUD SHUSTER -- U.S. HOUSE OF REPRESENTATIVES

ATTACHMT: LETTER DATED 10/16/89 FROM DONALD S. CLARK -- FEDERAL TRADE COMMISSION TO CONGRESSMAN BUD SHUSTER; LETTER DATED 8/8/89 FROM CONGRESSMAN BUD SHUSTER TO THE DIRECTOR OF CONGRESSIONAL RELATIONS -- DEPARTMENT OF COMMERCE

TEXT: Dear Mr. Shuster:

Thank you for your inquiry on behalf of your constituent, Mr. Lester Hoover. Mr. Hoover requested information about laws that cover the branding of tires that are not first quality. In addition, he asked whether there is any way to apply such a law to o ther consumer goods such as batteries. This inquiry has already been referred to the Federal Trade Commission (FTC), which sent you a letter dated October 16, 1989 explaining its tire labeling regulations. The FTC's letter also indicated that this agen cy's tire labeling regulations might be of interest to Mr. Hoover.

Let me begin by explaining that the National Highway Traffic Safety Administration has promulgated regulations related to tires. In particular, Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires, applies to new tires for use on passenger cars, Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, applies to new tires for use on vehicles other than passenger cars, Standard No. 117, Retreaded Pneumatic Tires, applies to retreaded tires for use on passenger cars, an d Part 569, Regrooved Tires, applies to all regrooved tires. Each of these regulations includes some labeling requirements.

The National Traffic and Motor Vehicle Safety Act requires that every manufacturer certify that each of the tires it produces complies with these standards, including the labeling requirements. Thus, even a tire identified as something like "blemished" or "out-of-round" must be certified as complying with all provisions of the applicable safety standard(s). None of the regulations administered by this agency require, or establish any standards for, the identification of tires as something other than " first quality."

If some Federal regulation exists that requires the identification of tires as something other than "first quality," it would be promulgated by the FTC under that agency's authority to regulate unfair and deceptive trade practices. If the FTC does not h ave any such regulation, I am not aware of any other Federal agency that would have authority in this area. Similarly, I am not aware of any such labeling regulations that could be applied to consumer goods such as batteries.

I hope you find this information helpful. Please let me know if you have any further questions or concerns in this area.

Sincerely,

ID: aiam1598

Dear Mr. Brown: This responds to your August 19, 1974, request to be advised of th steps necessary to acquire a manufacturer code number as required by Standards No. 119, *New pneumatic tires for vehicles other than passenger cars*, and No. 120, *Tire selection ad rims for motor vehicles other than passenger cars*.; Standard No. 119 applies to tires only and its is the responsibility o the tire manufacturer to obtain a code number and label it on his products. As a user of tires, you do not have obligations under this standard.; Standard No. 120 is a proposal which applies to rim construction an the selection of the correct rim for the vehicle it equips. As a manufacturer of rims you would have a responsibility to label your products if this proposal becomes an effective regulation. However, we noted in the preamble to that proposal (copy enclosed) that we will not require manufacturer codes until a separate manufacturer code system has been established.; I am also enclosing a copy of the most recent proposal on manufacture codes.; Yours truly, Richard B. Dyson, Acting Chief Counsel

ID: aiam1596

Dear Mr. Brown: This responds to your August 19, 1974, request to be advised of th steps necessary to acquire a manufacturer code number as required by Standard No. 119, *New Pneumatic tires for vehicles other than passenger cars*, and No. 120, *Tire selection and rims for motor vehicles other than passenger cars.*; Standard No. 119 applies to tires-only and it is the responsibility o the tire manufacturer to obtain a code number and label it on his products. As a user of tires, you do not have obligations under this standard.; Standard No. 120 is a proposal which applies to rim constructions an the selection of the correct rim for the vehicle it equips. As a manufacturer of rims you would have a responsibility to label your products if this proposal becomes an effective regulation. However, we noted in the preamble to that proposal (copy enclosed) that we will not require manufacturer codes until a separate manufacturer code system has been established.; I am also enclosing a copy of the most recent proposal on manufacture codes.; Your truly, Richard B. Dyson, Acting Chief Counsel