Interpretation ID: aiam3428
Esq.
Assistant Patent Counsel
Burlington Industries
Inc.
Greensboro
NC 27420;
Dear Mr. Jenkins: This responds to your recent request for an interpretation of Federa Motor Vehicle Safety Standard No. 117 (49 CFR S 571.117). Specifically, you asked if the addition of 'edger fabric strips', pursuant to a process covered by U.S. Patent 4,196,764, would violate the prohibition in section S5.2.2(b) of Standard No. 117 against adding belts to retreaded passenger car tires.; The described process is prohibited by section S5,2.2(b) (sic), becaus it is clearly adding a belt to the tire.; In the abstract of the subject patent, which you included in you request for an interpretation, is the following statement: 'The invention relates to the use of reinforcing cords associated with the pneumatic tire . . ., and the method of applying such reinforcing cords woven in a warp and weft relationship cut in a bias shape to form a belt....' Similarly, in the *Detailed Description of the Preferred Embodiments* section of the patent, Section 3 begins, 'The essence of my invention is achieved by providing an extra belt....' Hence, the patent itself states that this process involves the addition of a belt to retread tires. Such an addition is expressly forbidden by section S5.2.2(b) of Standard 117, 'No retreaded tire shall be manufactured with a casing on which a belt or ply, or part thereof, is added or replaced during processing.'; Your letter stated that this edger fabric should not be considered belt for purposes of the Standard, because the addition of the edger makes a retreaded tire safer and longer lasting. While you may be correct concerning the performance of 'edger fabric,' the Standard as currently written does not permit its use. If you wish, however, you may file a petition for rulemaking requesting this agency to amend Standard 117 to permit the addition of a belt such as edger fabric by following the requirements set forth in 49 CFR Part 552 (copy enclosed). If you choose to do so, please include all data showing that the addition of this extra belt makes the retreaded tire safer, and that the edger fabric belt would be compatable (sic) with the existing cords of the casing that is used.; Finally, let me point out that Standard 117 applies only to retreade *passenger car* tires. There is no safety standard applicable to retreaded tires for vehicles other than passenger cars, and the use of this patented process on those tires would not violate any requirements of this agency.; Mr. Hugh Oates of my staff sends his regards. Sincerely, Frank Berndt, Chief Counsel