Interpretation ID: 19033.drn

Mr. Steven Butcher
Vice President, Technical and Standards
Rubber Manufacturers Association
1400 K St, NW
Washington, DC 20005

Dear Mr. Butcher:

This responds to your request for clarification of marking requirements for tires in Standard No. 119, New pneumatic tires for vehicles other than passenger cars. In a final rule of May 27, 1998 (63 FR 28912), Standard No. 119 was amended to convert English measurements in that standard to metric measurements. Since a five year lead time was provided, the final rule is effective on May 27, 2003. You wish to know whether pound designations for markings specified in Standard No. 119 (at S6.5 Tire markings) may be designated as "lbs" rather than "lb", and whether it is "acceptable to use either upper or lower case letters."

With respect to your question concerning "lb" vs. "lbs", we note that, as a general matter, the examples and language specified in the final rule must be followed exactly. However, given that "lb" and "lbs" represent very minor variations of the same abbreviation, and the standard has in the past used "lbs" instead of "lb", it is our interpretation that either variation may be used.

Standard No. 119 does not specify whether upper case or lower case letters must be used. However, please note that S6.5 states in part: "Except as specified below, each tire shall be marked on each sidewall with the information specified in paragraphs (a) through (j) of this section." (Emphasis added). S6.5 further specifies permitted locations of the markings, the height of the markings' letters and numerals, and how high above or sunk below the tire surface the markings must be. S6.5 does not specify the case (upper or lower) of the markings that are used. Thus, since S6.5 specifies that the tire must be marked with "the information" specified in paragraphs (a) through (j) and does not further specify whether the information provided must be in letters that are upper or lower case, a manufacturer may use either upper or lower case letters.

I hope this information is helpful. If you have any further questions, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:119
d.4/21/99