Interpretation ID: nht73-6.9

DATE: 12/21/73

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: B. F. Goodrich Tire Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your petition, dated May 18, 1973, for amendments to Motor Vehicle Safety Standard No. 109 and the Tire Identification and Recordkeeping regulations (49 CFR Part 574). You request that the standard be amended to except tires having an "unusual configuration and construction," from that part of S4.3 which requires safety information to be labeled between each tire's safety information to be labeled between each tire's maximum section width and bead. You request a similar exception in Part 574 for the tire identification number. Goodrich has experienced difficulties in placing this information in the proper location in tire molds used to manufacture Goodrich's Space Saver Spare tire. You indicate this is caused by the thinness of the mold, which is apparently necessitated by the folding sidewall characteristics of the tire.

In the case of the Space Saver Spare, Goodrich wants to be able to place the labeling information and the identification number in the shoulder area of the tire. Your request is supported with pictures of a Space Saver Spare that has been run to wear-out yet still retains legible labeling in this area. In your view it is unlikely that this tire will be retreaded. You argue that the location you desire to use, while not between the maximum section width and bead, has the advantage of making the information and identification number visible both when the tire is inflated and deflated. The latter condition is important in this case in that this tire is generally carried in a deflated, folded condition when it is not in use.

We do not believe the facts you present justify an amendment to the standard, and have therefore determined that your petition should be denied. The purposes of requiring safety information and the tire identification number to be placed between each tire's maximum section width and the bead is to ensure, to the greatest extent possible, that the information will remain or the tire throughout its useful life, including a retreading process if the tire is retreaded. In our view, it is not all clear that the alternative location you suggest will still meet this objective. The justification which you provide does not show that labeled information cannot be removed in service or that these tires will not, in fact, be retreaded. We certainly would not object if Goodrich were to place identifying information in separate location in addition to that required by the standard.

With respect to the difficulty you have encountered in placing the information in the specified area, we do not find on the basis of the information you have supplied that the alternative possibilities are impracticable. For example, your letter does not mention whether you have attempted to engrave the safety information and that part of the identification number that is constant into the tire molds. While we understand engraving is generally more expensive and somewhat more inconvenient than branding the mold or using metal plates, we do not believe the added expense and inconvenience, particularly as it is amortized over the life of the mold, to be unreasonable in terms of the safety benefit achieved. It also appears that this labeling, in letters 0.078 inches in height, can be placed just above the rim centering rib, which from the sample submitted with your petition, does not appear to have been damaged upon removal. This location would allow removal of the tire from the mold without deformation of the lettering and would place the required information between the tire's maximum section width and bead. With respect to date codes, for which engraving is unsuited, it appears that the code stamp could be recessed so as to be flush with the mold surface, thus eliminating or substantially reducing the destruction of the lettering during removal.

SINCERELY,

July 10, 1973 . Wallace Dept. of Transportation National Highway Traffic Safety Administration

A little slow perhaps, but here is a section of the B.F. Goodrich "Space Saver Spare" tire you asked me for. v.e are trying spring plates in the molds to get the prescribed branding below the curb rib as now required. As you can see it will not be visible for(Illegible Word) to see it when it is in the trunk and folded as is normally the case, this we must also put it below the tread edge as you can see it on the section. This means a "double" branding job on these tires.

I gathered from Mike Peskos concluding remarks after our meeting on our petition that he felt there was a good chance of us getting some relief from this multiple and unnecessary branding.

Any suggestions or ideas your office may have which can be accomplished by rewording and/or rewriting the petition to make acceptance more likely will be appreciated.

Please call any time you feel further discussion on the petition is necessary or might help solution of our problems in this area.

Yours very truly,

F. S. Vukan

May 18, 1973

The Administrator National Highway Traffic Administration

Dear Sir:

Ref: N40-30 (MPP)

With our letter of 7-30-71 which was in reply to your letter Ref. 40-30, Cir. 169 we submitted a petition for certain considerations and changes in FMVSS #109 and Part 574 "Tire Identification and Record Keeping". These were denied in your letter of 8-29-72, N40-30 (MPP), copies of our petition and your reply are attached as Attachments A and B respectively.

We have considered the recommendations contained in the last paragraph of your letter (Attachment B). We do not feel that a new size designation for the Space Saver Spare tire is desirable as it is used in conjunction with standard nomenclature tires and a different size designation would serve to confuse the tire users.

We are however still faced with a number of problems relating to location of branding and tire identification information as required by FMVSS #109 and Part 574. We investigated and tried many ways to meet these requirements but due to the mold design necessary to provide the unique folding capability of these tires we are unable to have the branding visible on both the inflated tire and the deflated tire in the area prescribed by FMVSS #109 and Part 574.

Although neither FMVSS #109 or Part 574 specifies the inflation conditions under which the required information must be visible we have strived to meet what we believe to be the intent of the regulations and the verbal guidance offered by the Office of the Counsel, NHTSA at our previous meetings which is to have the required branding visible to the user in event of a recall situation.

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We can meet the intent of the regulations but not the letter of the regulations as written at present. We therefore petition that the regulations be changed as indicated for the reasons indicated:

Changes Necessary to FMVSS #109

NOTE: Underlining indicates wording added, wording to be omitted is stricken out (dashes).

A. 1. Change S4.3 "Labeling Requirements" as follows:

S4.3 Labeling Requirements. Except as provided for in S4.3.1, and S4.3.2 and S4.3.3 each tire etc. . . .

2. Change present S4.3.3 to S4.3.4

3. Add new S4.3.3 as follows:

S4.3.3 Tires of (i) unusual configuration or construction or (ii) which are used in a special or unusual service need not be labeled as specified in S4.3 (a) through (g) between the maximum section width and the bead provided the branding is so located as to remain on the tire and be visible throughout its normal service life. The selection of alternate locations is to be at the discretion of and the responsibility of the tire manufacturer.

4. The above changes are necessary and will adequately protect the public for the following reasons:

a. Our Space Saver Spare tire and possibly other such tires meeting performance requirements of FMVSS #109 are in a service such that the branding will stay on the tires for their entire service life when located above the widest part of the tire.

b. If branding can be positioned above the maximum section width and remain there for the service life of the tire, major requirements have been met.

c. We are at present putting our branding in the area designated as "A" on the attached Figure 1. Attached are photographs from worn out tires showing that the branding is not removed at the point of tire wear out Tire sections are available and will be furnished if desired. With the wording as proposed it would be the manufacturers' responsibility to see that branding remains on the tire and is visible throughout its normal service life.

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d. We believe the need to position the branding for retreadability may not be applicable in the case of special tires for which we are asking the above variation (tires of unusual configuration or construction or which are used in a special or unusual service). In the case of our "Space Saver Spare" tire we believe retreading is unlikely.

B. 1. Change Part 574 Title 49 as follows:

S574.5 Tire Identification Requirements.

Each tire manufacturer shall conspicuously label on one sidewall of each tire he manufactures, except tires manufactured exclusively for mileage-contract purchasers, by permanently molding into or onto the sidewall, in the manner and location specified in Figure 1, a tire identification number containing the information set forth in paragraphs (a) through (d) of this section. Tires of (i) unusual configuration or construction or (ii) made for a special service condition need not have the tire identification number in the location specified in Figure 1 provided the number is located so that it remains visible on the tire throughout its normal service life. Each tire retreader, except tire retreaders who retread tires for their own use, shall conspicuously label one sidewall of each tire he retreads by permanently molding or branding into or onto the sidewall, in the manner and location specified in Figure 2, a tire identification number containing the information set forth in paragraphs (a) through (d) of this section. In addition, the DOT symbol required by Federal Motor Vehicle Safety Standards shall be located as shown in Figures 1 and 2.

The DOT symbol shall not appear on tires to which no Federal Motor Vehicle Safety Standard is applicable. The symbols to be used in the tire identification number for tire manufacturers and retreaders are "A, B, C, D, E, F, H, J, K, L, M, N, P, R, T, U, V, W, X, Y, 1, 2, 3, 4, 5, 6, 7, 8, 9, 0". Tires manufactured or retreaded exclusively for mileage contract purchasers are not required to contain the tire identification number if the tire contains the phrase "for mileage contract use only" permanently molded into or onto the tire sidewall in lettering at least one quarter inch high. 2. The above change will protect the public for the following reasons:

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a. A provision for unique and special tires should be included in the regulation to cover tires which otherwise meet FMVSS #109 and are subject to recall but which due to their unusual configuration, or construction, or special service cannot or, need not, have the serial in the lower sidewall region provided the serial can be located so that it is visible and not obliterated during its full service life. It would be the responsibility of a manufacturer marketing such tires to determine that the identification number remains on the tire throughout its service life and is visible in event recall or examination is necessary.

b. In the case of the "Space Saver Spare" tire, based on our road tests and on examination of tires returned from service, a serial number located in the Area "B" of Figure 1 remains legible, and is visible on both the inflated and the deflated tire throughout its service life.

SUMMARY

Figure 2 is a representation of a mold used for Space Saver Spare tires. The line around the Fin "F" from (1) to (3) through (2) designates the area normally called the tire sidewall. With (2) as the mid-sidewall, the portion from (1) to (2) is below the maximum section width and that from (2) to (3) is the maximum section width.

Because that portion of the mold shown as Fin "F" is very thin and unsupported it is virtually impossible to stamp any branding into the Fin without bending and/or breaking it during the stamping operation. We have tried putting both thin metal branding plates as well as the serial number in this area but due to the violent stripping action in disengaging the tire from the mold (Fin) all such "add on" plates are susceptible to bending and of being torn from their fastening screws.

Our previous practice of placing the serial number in the Area "C" as shown on Figure 1 makes it unreadable when the tire is inflated due to the normal rotation of the tire bead in the rim flange area as the tire is inflated and prepared for service. The serial location at "B" of Figure 1 is possible and would be permissible with the language changes and additions as outlined in our petition.

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The consideration of unusual configuration or construction or service is also desirable to cover tires which may have a service life or configuration or construction which makes it possible to conform to the intent of the regulation with the serial and/or branding in areas of the tire excluded by the present regulations.

Your consideration and approval of this petition is respectfully requested to enable us to produce a product which is filling a growing need but which because of its unusual configuration cannot meet the wording of the current regulations. If the regulations are amended as requested we can meet the wording as well as the intent of the law.

We would like very much to discuss our petition with you and your staff in greater detail or to revise it, as you may consider necessary, to achieve our mutual goals of providing tires to the tire users within the scope and the intent of the NHTSA regulations.

Very truly yours,

Patrick C. Ross

Text Omitted