Interpretation ID: nht73-2.49

DATE: 12/21/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Crisp & Henderson, Attorneys at Law

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of November 19, 1973, inquiring whether there are Federal or State regulations that contain labeling requirements for rubber used in retreaded tires.

There are to our knowledge no Federal regulations that either establish quality levels or require labeling for rubber used in retreaded tires.

Yours Truly,

CRISP & HENDERSON GREENVILLE, NORTH CAROLINA

November 19, 1973

Federal Department of Transportation Consumer Affairs

RE: Tire rubber specifications for recapping tires

I have a client with a special problem for which I need your assistance. I would like to briefly outline the problem.

A manufactures tire rubber in sheets which he sells to B in a small town in Eastern North Carolina. B wanted one quality of rubber for recapping, but did not want to pay the asking price. A deal was made so that B got what he thought was the higher quality rubber because the sheets of rubber were stamped with a higher quality label. Actually A was supplying B with lower quality sheets of rubber, but with a higher quality label. This means that B might be putting a quality made for farm tires or passenger car tires into truck tires. B now realizes that a substitution has been made in the quality of rubber he has been receiving.

I would like to know what state and federal regulations apply to labeling rubber which is used for recapping tires. Both A & B in my problem are located in North Carolina. I would appreciate your assistance in advising me of this information or of the appropriate agency for me to write.

Thank you for your assistance in this matter.

Deborah A. Henderson Attorney at Law