Interpretation ID: 77-4.22

TYPE: INTERPRETATION-NHTSA

DATE: 10/20/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin, Jr.; NHTSA

TO: Mr. Bruce Ducker

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your August 2, 1977, letter requesting copies of regulations issued pursuant to section 158(b) of the National Traffic and Motor Vehicle Safety Act of 1966 (as amended) (the Act) (15 U.S.C. 1381 et seq.).

I am enclosing a copy of Part 574, Tire Identification and Recordkeeping (Title 49 Code of Federal Regulations). This part details the recordkeeping requirements imposed by the agency upon tire manufacturers, distributors, dealers, and manufacturers of motor vehicles. In response to your question concerning the availability of customer lists, the agency has not issued any regulations on that point. You should note that these customer lists are retained by the manufacturer, not by the agency. Therefore, only the manufacturer would be in the position to divulge his customer lists. Should the agency obtain customer lists, they would not be disclosed unless disclosure was determined to be necessary to carry out the purpose of the Act as permitted by section 158(b).

SINCERELY,

BRUCE DUCKER ATTORNEY AT LAW

August 2, 1977

Office of the General Counsel Department of Transportation

Can you please supply me with a copies of regulations adopted by the Secretary pursuant to Section 158(b), of the Motor Vehicle and School Bus Safety Amendments of 1974, P.L. 93-492. I am particularly interested in all rules and regulations which "provide reasonable assurance that customer lists of any dealer and distributor, and similar information, will not be made available to any person other than the dealer or distributor . . . ."

BRUCE DUCKER