Interpretation ID: nht73-3.35

DATE: 03/01/73

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: E.T.R.T.O.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your submission No. 65/109 of January 23, 1973, petitioning that temporary exemption from Motor Vehicle Safety Standard No. 109 be provided for European tire manufacturers who manufacture high speed tires. Your petition points out that Standard No. 109 does not allow the manufacture of high speed tires designed to be inflated to relatively high inflation pressures, but which do not have commensurate load-carrying ability at those pressures. You indicate that such tires are commonly used in Europe for high speed passenger cars, and have not produced safety problems.

The temporary exemption regulations (49 CFR 555, copy enclosed), in accordance with the statutory authority under which they were issued (P.L. 92-548), apply only to manufacturers of motor vehicles. They do not apply to manufacturers of motor vehicle equipment, and the relief which they provide is accordingly not available to tire manufacturers.

The NHTSA is of the opinion that the requirements of Standard No. 109, emphasizing the load-carrying as well as the high speed capability of passenger car tires, should be suited to driving conditions which predominate in the United States. Despite the facts, as you mention, that it is possible for motorists to exceed posted speed limits, and that areas do exist where speed limits are not posted, the NHTSA believes the high speed requirements of Standard No. 109 are sufficient to guard against tire failures under these conditions. At the same time, the NHTSA will consider petitions to amend Standard No. 109, submitted pursuant to NHTSA procedural rules (49 CFR 553.31, .33), and E.T.R.T.O. is free to petition to amend the standard to include requirements for European-type high speed tires. Your petition should contain full supporting data for the amendments requested. We would expect you as well to include possible performance requirements for such tires.

You refer briefly in your letter to the performance of these tires when tested pursuant to the planned Uniform Tire Quality Grading regulation. The NHTSA plans to publish in the very near future a revised notice of proposed rulemaking regarding this regulation, and we will be pleased to receive your comments to that proposal when it is published.