Interpretation ID: aiam3555
Vice President
Riken America
Inc.
P.O. Box 3698 Terminal Annex
Los Angeles
Californian 90051;
Dear Mr. Ceazan:This responds to your recent letter inquiring whethe 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 S 571.109).; Paragraph S4.3(a) of Standard No. 109 specifies that each tire shall b 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 prohibite 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* 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, Frank Berndt, Chief Counsel