Interpretation ID: aiam1692
President
Atlas Supply Company
11 Diamond Road
Springfield
NJ 07081;
Dear Mr. May: This is in reference to your defect notification campaign (NHTSA No 74E-025) involving some H78-15 Cushionaire tires produced by the Kelly-Springfield Tire Company. It was stated that some of these tires fail to meet the high speed test requirements of Federal Motor Vehicle Safety Standard No. 109.; The letter which you have sent to the owners of the subject tires doe not meet the requirements of Part 577(49 CFR), the Defect Notification regulation. Specifically, your letter fails to present information in the form and order specified by Part 577.4. The statements required by Part 577.4(a) and (b) should be quoted exactly and should appear as the first and second sentences respectively of your letter. In this case, where notification is being conducted by the tire brand name owner, the requirements of section 577.4(b)(1) should be met by stating, 'Atlas Supply Company has determined that a defect which relates to motor vehicle (sic) exists in the H78-15 Atlas Cushionaire Tire.' Moreover, the National Highway Traffic Safety Administration has taken the position that defect notification letters regarding failures of compliance with applicable safety standards should refer to that noncompliance, and we believe your letter should include, in addition, a statement that the tires fail to conform to the requirements of Federal Motor Vehicle Safety Standard No. 109.; Your letter also fails to adequately evaluate the risk to traffi safety as required by Part 577.4(d). If vehicle crash is the potential occurrence, the letter must state this. Although many owners will assume that replacement tires are presently available, Part 577.4(e) does require that a firm date for parts availability be given, as well as an estimate of the time necessary to perform labor involved in correcting the defect (replacing the tire(s)).; Your statement, 'chunks of rubber may--at excessive speeds--detach fro the tire carcass and tread,' is, in our opinion, inaccurate, and the reference to excessive speeds should be deleted. The word 'excessive' implies that only drivers who drive at unreasonably high speeds may experience a failure. Since it is required, however, that the owners be informed of precautions that can be taken to reduce the chance of malfunction, an admonition against sustained high speed driving may be appropriate.; It is therefore necessary that you revise the owner notification lette and send a copy of the revised letter to this office and all owners who have not yet had their tires replaced.; If you desire further information, please contact Messrs. W. J Reinhart or James Murray at this office at (202) 426-2840. A copy of the Defect Notification regulation is enclosed.; Sincerely, Andrew G. Detrick, Acting Director, Office of Defect Investigation, Motor Vehicle Programs;