Interpretation ID: aiam4195
1401 East Girard
207
Englewood
Colorado 80110;
Dear Mr. Kroll: This responds to your letter requesting an interpretation of Standar No. 109, *New Pneumatic Tires - Passenger Cars* (49 CFR S571.109). Specifically you asked whether that standard is applicable to foam-filled passenger car tires that do not have any air in the inner tire cavity. Standard No. 109 does not apply to foam-filled passenger car tires.; Section S2 of Standard No. 109 specifies that '[t]his standard applie to new pneumatic tire for use on passenger cars manufactured after 1948.' In section S3 of the standard, the term 'pneumatic tire' is defined as 'a mechnaical(sic) device made of rubber, chemicals, fabric and steel or other materials, which, when mounted on an automotive wheel, provides the traction and *contains the gas or fluid that sustains the load*' (emphasis added). Thus the relevant question is whether the foam filling the tires in question is considered a 'gas or fluid'. In a February 14, 1975 letter to Mr. J. F. Hutchinson, NHTSA stated that foam-filled tires 'should not be considered pneumatic tires.' This conclusion means that foam-filled tires for use on passenger cars are *not* subject to the requirements of Standard No. 109.; One result of this determination is that foam- filled tires can *not be installed as original equipment on any new passenger car. Standard No. 110, *Tire Selection and Rims* (49 CFR S571.110) sets forth requirements for new passenger cars. Section S4.1 of Standard No. 110 reads as follows: 'Passenger cars shall be equipped with tires that meet the requirements of S571.109.' Since foam-filled tires are not subject to Standard No. 109, they are still 'item of motor vehicle equipment' within the meaning of section 102(4) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391(4)). Among other things, this means that, if there is a determination that the tires contain a defect related to motor vehicle safety, the manufacturer of the foam-filled tires is required to notify purchasers and dealers of the defect and remedy the defect without charge to the purchasers, if the tire was purchased less than 3 calender years before the determination of defect was made.; If you have any further questions on this subject or need mor information, please contact Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.; Sincerely, Erika Z. Jones, Chief Counsel