Interpretation ID: nht72-1.24

DATE: 09/28/72

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Associate Mgt. Services, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of August 22, 1972, concerning the recently issued amendment to Standard No. 109 (37 F.R. 16604, August 7, 1972) prohibiting the sale of "reclassified" tires. You indicate that you agree with the amendment that such tires should be allowed to be sold as scrap, but suggest that it be only after they are (Illegible Word) completely inoperable for any vehicular use.

The amendment to the standard prohibits, in effect, the distribution by a manufacturer of any tire does not conform to the standard, unless it is impossible that the tire (Illegible Word) be used or be repaired for use as motor vehicle equipment (see paragraph S2, Application, of the enclosed copy). Whether cutting the bead on a tire meets this requirement is for each individual manufacturer to determine. We have received some reports that it is possible to repair the bead of a tire so that the tire can still be used on a motor vehicle. If this is the case, cutting a tire's bead may not be sufficient to allow the tire to be sold as scrap under the National Traffic and Motor Vehicle Safety Act. The amendment, then, does achieve the result you suggested in that it does require a noncomplying tire to be "completely inoperable for any vehicular use" before it can be sold as scrap.

We appreciate your continued efforts for motor vehicle safety.

Enclosure