Interpretation ID: 1984-3.12

TYPE: INTERPRETATION-NHTSA

DATE: 08/21/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: T.M. Johnson, Jr. -- Dunlop Tire and Rubber Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. T. M. Johnson, Jr. Dunlop Tire and Rubber Corporation Box 1109 Buffalo, N.Y. 14240-1109

This responds to your recent letter to Mr. Stephen Kratzke of my staff, requesting an interpretation of the requirements of Standard No. 119, New Pneumatic Tires for Motor Vehicles Other Than Passenger Cars. Specifically, you asked for an interpretation of the requirements of section S5.1 of Standard No. 119, which requires that a listing of the rims which may be used with each tire produced by a manufacturer be provided to the public. That section gives manufacturers the option of using the data provided for the tire size and the corresponding rims published in certain standardization organization yearbooks or listing the appropriate information "in a document furnished to dealers of the manufacturer's tires, to any person upon request, and in duplicate to NHTSA." You enclosed a copy of a paper label you propose to affix to a 15-inch motorcycle tire which is not currently listed in any of the standardization organization publications, and asked if this would satisfy the requirement that the information be contained in a document furnished to dealers and to any person upon request. The proposed paper label would satisfy the requirements of section S5.1 of the standard.

In the past, manufacturers electing to list the appropriate information for the tire size have sent bulletins to their dealers and distributors with the necessary information. The reason for requiring this wide dissemination of the appropriate information when a tire size is not listed in a standardization organization publication is to ensure that the tire will be mounted only on appropriate rims and that the tire will be mounted only on vehicles where its load-carrying capacity will be adequate. The paper label you furnished along with your letter shows the appropriate dimensional and load-carrying data for the tire and rims, so it appears to serve the purposes of section S5.1. Further, as you noted in your letter, the paper label should reach outlets beyond your distributor network, whereas a service bulletin might not reach those outlets. Accordingly, I conclude that a paper label affixed to a tire, which lists the appropriate dimensional and loading information for the tire and suitable rims, would satisfy the requirement that the appropriate information be listed in a document furnished to dealers of the manufacturer's tires.

July, 23 1984

Stephen Kratzke, Esq. Office of Chief Counsel 5219 407th Street SW Washington, DC 20590

RE: REQUEST FOR INTERPRETATION MVSS119; S5.1, S5.1(a)

Dear Mr. Kratzke:

This confirms our prior conversations regarding Dunlop's intention to market a size MV85-15, load range C, motorcycle tire. This size is not currently listed in one of the publications referenced in MVSS119 S5.1(b). Enclosed is a copy of the tread label we hope to affix to every such tire and which contains the information we will supply to NHTSA and the public.

Paragraph S5.1(a) states "listed in a document furnished to dealers of the manufacturer's tires, to any person upon request and in duplicate to" NHTSA. Rather than issuing a bulletin that may not reach actual points of sale (motorcycle accessory shops) beyond our Distributor network, we propose that the information be printed on the tire's tread label. Whoever fits the tire to a rim and motorcycle will have the required information readily available. Upon request, the label may be detached and provided to the customer.

Therefore, we are at this time requesting your office to provide an interpretation of the Standard with respect to inclusion of meaning of "document".

Your expeditious response to this proposal will be much appreciated, since we will begin distribution in August.

Very truly yours,

DUNLOP TIRE & RUBBER CORPORATION

T. M. Johnson, Jr., Tire Performance Manager