Interpretation ID: nht89-3.15

TYPE: INTERPRETATION-NHTSA

DATE: OCTOBER 12, 1989

FROM: DAVID SCHMELTZER -- ASSOCIATE EXECUTIVE DIRECTOR FOR COMPLIANCE AND ADMINISTRATIVE LITIGATION, U.S. CONSUMER PRODUCT SAFETY COMMISSION TO: STEPHEN WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 5-25-90 TO SUSAN BIRENBAUM FROM STEPHEN P. WOOD (A35; VSA 102(4)); ALSO ATTACHED TO LETTER DATED 2-1-90 TO STEPHEN WOOD FROM SUSAN BIRENBAUM AND LETTER DATED 6-29-89 TO STEPHEN WOOD FROM SUSAN BIRENBAUM. TEXT:

By letter dated June 29, 1989, this office inquired if a product which is intended for inflating and temporarily repairing flat tires is an item of "motor vehicle equipment" as that term is defined by the National Traffic and Motor Vehicle Act at 15 U.S. C. S1391(4). A copy of that letter is enclosed.

The Commission has received reports of six serious injuries associated with the ignition of the propellant gas from this product in tires which were being repaired. These injuries have included brain damage, loss of vision, loss of hearing, and broken b ones.

As you know, the Commission does not have authority to regulate products which are items of "motor vehicle equipment" under provisions of the Consumer Product Safety Act (CPSA) (15 U.S.C. S2051 et seq.). Because of the serious nature of some of the inju ries associated with this product, this office would appreciate y our guidance as soon as possible on the question of whether this product is an item of "motor vehicle equipment." If the product is not motor vehicle equipment, the Commission would have a uthority under the CPSA to issue a consumer product safety standard or a banning rule to eliminate or reduce any unreasonable risk of injury which may be associated with the product. Additionally, the CPSA authorizes the Commission to order the manufact urer of any product con- taining a defect which presents a "substantial product hazard" to give public notice of that defect and to elect to repair, replace, or repurchase the product.

If you have any questions or comments, you may contact Bill Moore in our office of Administrative Litigation. His telephone number is 492-6626.