Interpretation ID: nht78-1.8

DATE: 11/20/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: The Armstrong Rubber Company

TITLE: FMVSR INTERPRETATION

TEXT:

Nov. 20, 1978

Mr. R. W. Cheetham Director, Quality Assurance The Armstrong Rubber Company 500 Sargent Drive New Haven, Connecticut 06507

Dear Mr. Cheetham:

This is in response to your letter of October 19, 1978, requesting approval of the tread labels Armstrong Rubber Company proposes to use in satisfaction of the labeling requirements of the Uniform Tire Quality Grading Standards (UTQGS) (49 CFR 575.104(d)(1)(i)(B)). You propose to include the applicable UTQGS grades for a particular tire on a trend label identifying the tire brand, type and size. A separate label would contain the general grading information from Figure 2 of the rule, including a listing of all possible traction and temperture grades, with the text on the label oriented along the tread circumference instead of across it.

Part 575.104(d)(1)(i)(B) requires that each passenger car replacement tire, other than a snow tire or temporary use spare tire, have affixed a tread label containing both the specific UTQGS grades for the tire and an explanation of the grades in the form illustrated in Figure 2. Thus, the specific grades for the tire must appear on the same label that contains the explanation of the grading system. The regulation calls for a depiction of all possible traction and temperature grades with the grades applicable to the specific tire indelibly circled.

While the National Highway Traffic Safety Administration (NHTSA) has no objection to the inclusion of the required UTQGS information on the same label with other data such as tire size and brand name, failure to provide the required explanations of the same label with the applicable tire grades is not permitted by the regulation. Your proposed labels also fail to meet the regulation's requirement that applicable traction and temperature grades be denoted by circling the appropriate letter in a display of all possible grades. Finally, the general UTQGS information in your proposal is not in the form illustrated in Figure 2, since the text in your example will appear along the tread rather than at right angles as specified by Figure 2.

While your proposed tread labels do not meet the present requirements of Part 575.104(d)(l)(i)(B), NHTSA will treat your letter as a petition for rulemaking and consider amending the UTQG regulation to permit greater flexibility in tread labeling.

Sincerely,

Joseph J. Levin, Jr. Chief Counsel

October 19, 1978

Dr. Cecil Brenner Automotive Rating NRM-30 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Dr. Brenner:

Subject: Part 575.104 Uniform tire quality grading page 30549 of the Federal Register, dated Monday, July 17, 1978.

This is to confirm our telephone conversation of October 19, 1978, concerning the labeling requirements of the subject part.

The Armstrong Rubber Company requests an interpretation of this section. As stated to you, Armstrong requested that the treadwear, traction, and temperature identification be added to our regular label, which identifies a specific tire. In addition, the legend labeled as figure 2 in the subject part number would be affixed to the tread surface a maximum of 1/2" from the end of the label, which has the identification symbols. In this manner we will minimize the possibibities of mislabeling tires.

The Armstrong Rubber Company has requested that only one identification symbol be placed on the label which clearly defines the traction and temperature resistance of the particular tire. This would replace indelibly circling on the label one of the three grades under the traction and temperature resistance characteristics.

The Armstrong Rubber Company respectfully requests that part 575.104 be modified so that the labeling can be interpreted as indicated above.

Please find attached a copy of the two labels that the Armstrong Rubber Company would appreciate your consideration and concurrence. Label number 2, which is the legend describing the D.O.T. quality grading, was not printed verbatum and will be changed as shown in figure 2 of part 575.104. Figure 2 on page 30552 of the Federal Register was changed to reflect your thinking on the traction grades as A, B, C.

I trust this request will meet with your approval. If additional information is requested, please contact my office.

Sincerely,

R. W. Cheetham Director, Quality Assurance

cc: J.A. Walsh R. L. Donnelly

RWC/eam