Interpretation ID: 77-4.32
TYPE: INTERPRETATION-NHTSA
DATE: 11/08/77
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Avon Tyres Limited
TITLE: FMVSR INTERPRETATION
TEXT: Your petition of September 28, 1977, for an inconsequentiality determination has been forwarded to this office for reply.
The "noncompliance" in question is the failure of Avon Tyres to provide correct spacing between the symbol DOT and the alphanumeric code on certain tires. This requirement is imposed by 49 CFR 574.5. In addition S4.3.2 of Federal Motor Vehicle Safety Standard No. 109 requires that each tire "shall be labelled with the . . . brand name and number assigned to the manufacturer in the manner specified in Part 574". The requirement in question is primarily one of information rather than one of safety performance, and we therefore choose to regard the incorrect spacing as a noncompliance with Part 574.
A manufacturer's obligation to notify and remedy arises only upon the discovery of a safety-related defect, or noncompliance with a Federal motor vehicle safety standard. Therefore Avon's failure to correctly space the information required by Part 574 is neither a safety-related defect nor a noncompliance with a safety standard, and it has no obligation to notify and remedy. Since Avon's petition is moot, it will not be considered.
No corrective action is required for the tires in question. We note Avon's assurances of future conformance and we will close our files without imposing a civil penalty for the company's technical violation of Part 574.
YOURS TRULY,
F. Armstrong, Director, Office Of Standards Enforcement, Motor Vehicle Programs, U.S. Department of Transportation, National Highway Traffic Safety Administration,
SEPTEMBER 28, 1977
I enclose herewith a Petition for Exemption for Inconsequential Defect or Non-Compliance in respect of the tires mentioned in your letter to the Universal Tire Company -- Reference NMV-22R Au. PC1 7708-040.1. The date of your letter was September 9th, but we did not receive a copy here until September 23rd. The petition is signed by a Director of the Avon Rubber Co. Ltd.,
I trust the format is satisfactory, but if you require any clarification or amendments please contact me.
B. E. Clapson Technical Director Avon Tyres Limited
Petition for Exemption for Inconsequential Defect or Non-Compliance
Introduction
This Petition is made in accordance with Part 556 of Title 49 of the Code of Federal Regulations. It concerns tires as referred to in letter NMV-22RAu PC1 7708-040.1, dated September 9th, 1977, from the U.S. Dept. of Transportation to Universal Tire Corporation. More details of these tires are given in the appropriate section below.
Petitioner
The Petitioner is the Avon Rubber Co. Ltd., of Bath Road, Melksham, Wiltshire, England, a Corporation organised and existing under the laws of England.
Items Involved
The items specifically involved are passenger car tires of "Bolide" brand contained in two shipments through Portland, Oregon, as follows:-
Container 4252157 100 units 155SR12 Tubeless
250 units 155SR13 Tubeless
550 units 165SR13 Tubeless
100 units 175SR13 Tubeless
100 units 165SR14 Tubeless
100 units 175HR14 Tubeless
50 units 155SR15 Tubeless
250 units 165SR15 Tubeless
Sub Total 1500 units
Also Container 4295605
400 units 155SR13 Tubeless
300 units 165SR13 Tubeless
100 units 175SR13 Tubeless
100 units 165SR14 Tubeless
100 units 175HR14 Tubeless 100 units 155SR15 Tubeless
400 units 165SR15 Tubeless
Sub Total 1500 units
Grand Total 3000 units
These specific tires were produced in the period January-July 1977. Other Bolide brand tires of earlier periods of manufacture are in service in the United States. These have similar errors in markings and it is requested that this Petition be regarded as including such earlier tires.
Defect or Nonconformity
With reference to Figure 1 of Part 574 Rev 11/29/74, the letters D.O.T. are more than 0.75 inch from the alphanumeric code on the following sizes of tire
175SR13 Tubeless (actual separation 1.5 inches) 165SR13 Tubeless (actual separation 5 inches)
In addition the distances between tire size codes and tire type codes are between 0.75 inch and 1.0 inch on all moulds, instead of the correct separation of between 0.25 and 0.75 inch.
Views and Arguments
Exemption is sought for the above errors in markings on the grounds:
that they are unrelated to any safety or performance characteristics of the tires and that they
do not result in any wrong or misleading information being conveyed to the user.
All the necessary information concerning the tires is contained in the markings as they stand, and they can be readily understood by anyone familiar with such code marks.
However we recognise that the purpose of Part 574 is to standardise markings for the benefit of consumers, and we have taken urgent steps to bring all our markings into conformity. We deeply regret that these errors have arisen and that a mistake early in our DOT engraving programme should have been allowed to proliferate and become the standard for subsequent mould markings. Suitable corrections to the moulds are in hand and tires bearing date codes of 417 and subsequent will conform in all respects with Part 574.
Director
AVON RUBBER COMPANY LIMITED