Interpretation ID: aiam2179
Jr.
Walt Robbins
Inc.
6121 Lincolnia Rd.
Alexandria
Va. 22312;
Dear Mr. Robbins: This is in response to your November 7, 1975, request for a interpretation of the labeling requirements of Federal Motor Vehicle Safety Standard No. 109, *New Pneumatic Tires--Passenger Cars*, as applied to the tire that you have described as a 'Radial, Bias Ply Tire'.; On that date, a meeting was held with you, Mr. Al Duduk, and th following NHTSA personnel in attendance: Dr. E.H. Wallace, A.Y. Casanova, and Mark Schwimmer. At the meeting, out letter to you, dated November 3, 1975, was discussed and alternative forms of labeling for this tire were explored. you presented, in substance, the following four examples of sidewall labeling and inquired about their compliance with Standard No. 109:; >>>1. 'POLYANGLE' accompanied by '3 PLIES 2 POLYESTER 1 ARAMID' 2. 'POLYANGLE' accompanied by 'NOT A CONVENTIONAL RADIAL PLY TIRE' an '3 PLIES 2 POLYESTER BIAS PLIES 1 ARAMID RADIAL PLY'; 3. 'RADIAL/BIAS' accompanied by 'NOT A CONVENTIONAL RADIAL PLY TIRE and '3 PLIES 2 POLYESTER BIAS PLIES 1 ARAMID RADIAL PLY'; 4. 'RADIAL/BIAS' accompanied by 'NOT TO BE USED WITH CONVENTIONA RADIAL BELTED TIRES' and '3 PLIES 2 POLYESTER BIAS PLIES 1 ARAMID RADIAL PLY'<<<; Tires labeled according to your firs example would be in complianc with the requirements of S4.3(g) of Standard no. 109. A strict interpretation of S4.3(g) would rule out the remaining examples because the word 'radial' appears in all of them. However, the NHTSA recognizes that, with the development of new tire construction types, this section of the standard may not be adequate to serve its original purpose, to reduce the hazards associated with the mismatching of tires on a single vehicle. Accordingly, we are preparing to issue a notice of proposed rulemaking to amend the standard. For this reason and because the second, third, and fourth examples are in conformity with the spirit of S4.3(g), the NHTSA will, on an interim basis, consider tires so labeled to be in compliance. You may wish the consult with the Federal Trade Commission concerning the advertising of these tires.; I would like to point out that S4.3(d) requires Kevlar, if used as cord material in a tire, to be identified by its generic name on the tire's sidewall. The generic name of kevlar, as established by the FTC pursuant to the Textile Fiber Product Identification Act (15 USC 70), is Aramid.; Yours truly, Richard B. Dyson, Assistant Chief Counsel