Interpretation ID: aiam1083
Executive Secretary
Independent Tire Dealer
P.O. Box 2835A
Birmingham
Alabama 35212;
Dear Mr. Jones: This is in reply to your letter of February 26, 1973, requesting ou view of your booklet on Standard No. 117. We have the following comments.; On page 2, under the heading, 'Does a Retread Have to Pass All Thes Tests', you refer to a lack of availability of test wheels. On page 3, under the heading, 'How Expensive Could Testing Get?', you quote figures of $250.00 to $400.00. As you know, the standard no longer includes the high speed and endurance Tests, and while there are other laboratory test involved in testing strength and bead unseating, neither includes the use of the laboratory test wheel. Consequently, insofar as your statements may take into account laboratory wheel tests, they should be modified.; On page 3, under the heading, 'What if One Certified Doesn't Comply?' you state, 'If the tire was not produced with due care then you will have both a recall and the probability of a penalty being assessed.' Notification of defects to first purchasers, however, is not contingent upon a showing of due care, and must be made even if a manufacturer used due care. Whether a manufacturer exercises due care is relevant only to whether he is in violation of the ACT, and to civil penalties, but not to defect notification (recall). The reason is that a retreader's exercise of due care doesn't change the fact that potentially unsafe tires will be used unless their owners are notified.; On page 4, under the Heading, 'Must You Submit Information On Defect and Failures?': Under section 113(d) of the National Traffic and Motor Vehicle Safety Act (as amended in 1970), each retreader must furnish NHTSA with a true and representative copy of all notices, bulletins, or other communications sent either to dealers or purchasers with regard to any defect in his tires. This requirements applies to all defects, and you should review it. It is incorrect to say that retreaders are not required to submit information regarding defects to NHTSA.; On page 4, under 'What Casing Controls are Required?', you indicat that no tire may be retreaded which has exposed ply cord. However, the standard allows ply cord to be exposed at a splice (S5.2.1(b)). While you make this point later, on page 5, the way in which you do so seems more to contradict than clarify your earlier statement. We suggest you indicate that ply cord may be exposed at a splice in the earlier paragraph as well. The same thing can be said for the next section on page 4, 'May Tires With Exposed Ply Cord be Retreaded?' This section is also completely silent on the exception for ply cord at a splice, and should also be modified.; On page 4, under the heading, 'What are Restrictions on Good Casings?' you omit certain requirements. Casings without a symbol DOT that are to be retreaded must only be of those size designations specified in the table at the end of the standard. These casings must also have permanently labeled on them the size, and number of plies or ply rating. Both of these information items and the symbol 'DOT' must also be permanently labeled on each DOT casing that is to be retreaded.; On page 5, under the heading, 'Should We Use Affixed Labels o Permanent Molding On Tire?', the minimum size for permanent labeling under S6.3.2 has been changed to 0.0078 inches. This change does not, however, affect affixed labels.; On page 6, under the heading, 'Is Any Provision Made For Sizin Difference in Retreads?', you state a retread may be 10% over new tire physical and dimension requirements. The 10% allowance for section width is to be calculated on the section width specified in the Tables of Standard No. 109, for the tire size designation. New tires are allowed to exceed this figure by 7%. Consequently, retreads can exceed the new tire requirements by only 3% (10% of the table figure). To say they can exceed the new tire requirement by 10% may mislead some persons into thinking they can exceed the value in the table by 17% which, of course, is not correct.; Apart from these points, your booklet appears to us to be essentiall correct. It should prove helpful to retreaders.; Yours truly, Richard B. Dyson, Assistant Chief Counsel