Interpretation ID: nht78-1.25
DATE: 06/20/78
FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA
TO: Norris Industries
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your January 7, 1978, letter asking whether a final-stage wheel manufacturer is permitted to mark a rim in accordance with Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars. The standard currently specifies that rim marking shall be done by a rim manufacturer, not a final-stage wheel manufacturer.
The National Highway Traffic Safety Administration (NHTSA) has previously determined that a rim manufacturer is the responsible party for rim marking. The language of the standard is specific in this requirement. The agency, however, is reviewing the standard with a view to its possible modification along the lines suggested in your letter. Should the agency decide to amend the standard, a notice proposing such change would first be published in the Federal Register. A final rule would only be issued following analysis of comments submitted by interested parties.
SINCERELY,
Action: Norris Industries Petition, FMVSS No. 120
Acting Director Vehicle Safety Standards
Office of Chief Counsel, NHTSA
Reference: Subject petition dated January 7, 1978, requesting an interpretation of Standard No. 120 that will require the final assembler of a wheel to apply the specified rim markings.
Norris Industries is a major supplier of rims to the custom wheel industry. The rims are assembled with various designs of center member by the custom wheel manufacturer chiefly for the replacement and after-market trade. Multiple use of these wheels for light trucks and multipurpose passenger vehicles requires that labeling be in accordance with Standard No. 120. The final product which is a "single piece" or "unitized" wheel is permitted optionally to be labeled on the disc rather than the rim. This is readily done when the rim manufacturer is also the final wheel manufacturer.
The present interpretation of the standard requires rim markings to be applied by the rim manufacturer. The location of the markings on the rim is dependent upon the specific disc design used, and varies considerably among final wheel manufacturers. This presents a hardship in maintaining adequate supplies of the correct rims for each manufacturer as stated by Norris.
The Norris petition (or request) to place the requirement for rim marking on the final assembly manufacturer and to release the rim manufacturer from the requirement constitutes a major change in the standard and would require a rulemaking procedure. The scheme would not work for demountable rims which never become part of a manufactured wheel assembly. From this standpoint the Norris petition must be denied.
However, as an optional alternative, it would seem reasonable to expect that the final wheel manufacturer, purchasing rims from another manufacturer, with markings per S5.2(d) and (e) would be able and qualified to provide the certification and labeling required of the rim in S5.2(d) (b) and (c), on the strength of his purchase specifications and contract.
This option would relieve the difficulties now encountered by Norris and probably others in similar situations. The standard would have to make it clear that the rim manufacturer is responsible for the required rim identification markings unless the final wheel manufacturer assumes the option.
Unless there are legal objections to this concept, we would be pleased to work with you in developing a "statement of interpretation" or an "adjustment of language" as appropriate for the situation. Please advise us if amendment of the standard is found necessary. We believe that certification and labeling of the wheel assembly by the final manufacturer is reasonable and appropriate, and should be permitted by the standard.
A. Malliaris
Reference petition dated 3/7/78
CC: F. KOCH
NORRIS INDUSTRIES
(Illegible Word) WHEEL DIVISION
2-20-78
Administrator NHTSA
Dear Sir:
Norris Industries, on January 7, 1978, requested a change in the interpretation of Federal Motor Vehicle Safety Standard #120 to require the assemblers of the auto wheels to stamp the required information on the rim portion of the wheels.
Please advise us if this request is still to be considered and may we be informed of the decision as promptly as possible.
Please accept our thanks in advance of this information.
Don H. Pendergrass
CC: J. CROWLEY; C. MOORE; P. RYAN (S.E.M.A.)
NORRIS INDUSTRIES
(Illegible Word) WHEEL DIVISION PETITION
January 7, 1978
Administrator NHTSA
Dear Sir:
Norris Industries has supplied Automobile Wheel Component Parts to Members of the Custom Wheel Industry since 1961. These parts are then used as component parts for Custom Wheels. The majority of these customers are Members of the Specialty Equipment Manufacturers Association.
Federal Motor Vehicle Safety Standard #120 requires that at least three pieces of information be stamped on the weather side of the rim by the rim manufacturer. Because our customers are the wheel assemblers, a common location of the stamp on the weather area of the rim is not acceptable to all. The size of our finished goods inventory, necessary to serve this industry, is such that it would be nearly impossible to have the various sizes of rims stamped in the locations that would be acceptable to all of our customers on hand at all times.
This is a request that the interpretation of Federal Motor Vehicle Safety Standard #120 be changed to require the assemblers of the wheels to stamp the required information on the rim portion of the wheels.
We trust this request is reasonable and may be acted upon without undue delay.
Donald H. Pendegrass Plant Manager
CC: J. CROWLEY; C. MOORE; P. RYAN (S.E.M.A.)