Interpretation ID: 1982-2.5

DATE: 04/15/82

FROM: AUTHOR UNAVAILABLE; S. P. Wood for F. Berndt; NHTSA

TO: Riken America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter inquiring whether it would be permissible for your company to label your tires in both the European metric size and the domestic P-metric size. Dual markings of sizes in the manner you have described are specifically prohibited by Federal Motor Vehicle Safety Standard No. 109 (49 CFR @ 571.109).

Paragraph S4.3(a) of Standard No. 109 specifies that each tire shall be labeled with "one size designation, except that equivalent inch and metric size designations may be used." A European metric size and its comparable domestic P-metric size are assigned different maximum load carrying capacities and different recommended maximum inflation pressures, because different formulae are used to calculate the load carrying capacities of the tires at the different inflation pressures. Because of the different load carrying capacities and recommended inflation pressures, substituting a European metric tire for a P-metric tire might cause the European metric tire to be unsafely overloaded. Dual markings could lead to such substitutions.

The dual-size markings you have requested were explicitly prohibited when this agency amended the labeling requirements of Standard No. 109 at 36 FR 1195, January 26, 1971. The prohibition has been expressly repeated in subsequent amendments addressing the question of tire labeling under the standard; see 39 FR 10162, March 18, 1974, and 42 FR 12869, March 7, 1977. The agency's reasoning is that these dual size markings are a representation by the manufacturer that a particular tire meets all requirements of Standard No. 109 for both listed sizes, which is not true. In fact, dual-size markings represent a marketing effort by tire manufacturers to persuade consumers to change the size and/or type of tires mounted on their cars, i.e., by representing that the manufacturer's tire is an appropriate replacement for either European metric or P-metric tires. It is inappropriate to extend this marketing effort to the Federally required label on the tire. The only purpose of that label is to provide the consumer, in a straightforward manner, with technical information necessary for the safe operation of the consumer's automobile.

Sincerely,

ATTACH.

February 16, 1982

Office of the Chief Counsel -- National Highway Traffic Safety Administration, U.S. Department of Transportation

Re: Federal Motor Vehicle Safety Standard 109

Dear Sir:

Riken America, Inc. is the importer of Riken Brand Automobile Tires into the United States. We, and the manufacturer, Okamoto Riken Gomu Co., Ltd., Tokyo, Japan, are considering marking our "82 Series" of steel-belted radial tires with both the European (ETRTO) metric size and the new P-metric size. The line is currently using the European (ETRTO) metric sizes only.

The engineering department at Okamoto Riken Gomu Co., Ltd. has investigated the possibility of dual-marking our line and has determined that the tire specifications for the European (ETRTO) metric sizes are within the standard specifications established for the P-metric sizes as follows: Proposed P-Metric Riken ETRTO Size "Dual-Marked" Size Equivalent 155SR12 P155/80R12 155SR13 P155/80R13 165SR13 P165/80R13 165SR14 P165/80R14 165SR15 P165/80R15

Additionally, we would like to add the following sizes to our line: Proposed P-Metric Riken ETRTO Size "Dual-Marked" Size Equivalent 175SR13 P175/80R13 185SR13 P185/80R13 175SR14 P175/80R14

Please advise us if the dual markings upon the tires, assuming the specifications are proper for the P-metric sizes, would be acceptable under FMVSS 109 or any other D.O.T. applicable regulations. Your immediate reply would be greatly appreciated as we would like to start this program very soon.

Very truly yours,

RIKEN AMERICA, INC.;

Gary M. Ceazan -- Vice President

cc: B. Ceazan; M. Levitt; Y. Okamoto