Interpretation ID: aiam1651
Manager
Product Liability
B. F. Goodrich Tire Company
500 South Main Street
Akron
OH 44318;
Dear Mr. Bartlett: We have reviewed your draft defect notification letter forwarded to u on October 22, 1974, regarding the Space Saver Spare Tire. We find that this letter fails to conform to 49 CFR Part 577, 'Defect Notification' in that it fails to provide a clear description of the defect (S 577.4(c)). In our letter to Goodrich of September 24, 1974, we advised you, based on your earlier draft notification letter, that we did not agree with your characterization of the malfunction as relating to only those tire explosions which you believe will cause injury. We objected to your position that broken beads and excessive air pressure must appear in combination for an explosion to occur. We also informed you that you must make it clear that bolting the tire to the vehicle has no effect whatever on whether the tire will explode, but that bolting will serve only to reduce the chance of injury if an explosion occurs.; Your letter of October 22 is not sufficiently responsive to ou September 24, 1974, letter. The third sentence of your second paragraph reads, 'When the wheel is not bolted to the axle during inflation, the combination of improper mounting and/or excessive air pressure can cause the tire to explode-- serious personal injury or death can result.' This sentence again refers to the necessity of the particular factors appearing in combination for an explosion to occur (the 'and/or' is ambiguous in this context) and more importantly, implies that bolting the tire to the vehicle has some relationship to the possibility of an explosion. We have decided to suggest language for you to use in your notification in order to avoid further problems. We believe your second paragraph, beginning with its second sentence, should be changed to read as follows:; >>>'The defect is caused by improper mounting or subsequent remountin of the tire on the rim causing the tire bead to seat improperly on the rim, or by excessive air pressure from a high pressure air supply being forced into the tire. Improper mounting or excessive air pressure can cause the tire to explode during inflation. If the precautions specified on page 2 of this letter are not followed, serious personal injury or death can result.'<<<; Your fourth paragraph similarly enforces the implication that boltin the tire to the vehicle will affect the possibility of an explosion. We do not consider this paragraph to be necessary as it merely repeats your second paragraph (if rewritten as indicated above). However, if you insist that it be included, we believe it should be written as follows:; >>>'An explosion of the Space Saver Spare tire assembly has occurre when either of the two following conditions were present:; 1. Improper mounting or remounting of the tire on the rim created broken tire bead, or; 2. Excessive air pressure from a high pressure air supply was force into the tire.; However, if the tire is bolted to the axle during inflation, and th other precautionary procedures described below are followed, the danger of serious injury or fatal accidents is greatly reduced.'<<<; We view the words 'virtually eliminated' which are in your draft a excessively optimistic under the circumstances. It is difficult for us to believe that an exploding tire has virtually no chance of causing injury to one who is inflating it and who must, under the circumstances, be situated very close to it.; We repeat that our review of your letter represents in no way a agreement with your analysis of the defect or its causes, and that we will continue to look into this matter as appropriate. Consumer notification of this serious safety hazard has been too long delayed. We trust that the statutory defect notification will issue forthwith.; Yours truly, Richard B. Dyson, Acting Chief Counsel