Interpretation ID: 2637o
Vice President
Goodyear Tire and Rubber Company
Akron, Ohio 443l6-000l
Dear Mr. Dahl:
This responds to your letter concerning the tire marking requirements of Standard No. ll9, New Pneumatic Tires for Vehicles Other Than Passenger Cars. You asked whether the standard would prohibit the following size designations from being marked on the tire:
385/65R22.5 REPLACES l5R22.5
425/65R22.5 REPLACES l6.5R22.5
445/65R22.5 REPLACES l8R22.5
As discussed below, it is our opinion that the above markings are prohibited by Standard No. ll9.
The marking requirements for tires subject to Standard No. 119 are set forth in section S6.5 of the standard. Section S6.5(c) requires that each tire be marked on both sidewalls with "the tire size designation as listed in the documents and publications designated in S5.1."
As noted by your letter, NHTSA recently provided an interpretation letter to Michelin, dated July 9, l987, concerning one of the exact sizes included in your request. The agency stated the following:
In a broader sense, the practice of labeling two tire sizes on one tire, as you requested in your letter, was once a fairly common practice and was referred to as "dual-size markings." Dual-size markings were a marketing effort by tire manufacturers to try to persuade consumers to change the size and/or type of tire on their vehicles, by representing that this particular tire size was an appropriate replacement for two different sizes of tires. However, the practice of using dual-size markings confused many consumers about the size of the tire on their vehicle. The only purpose of the Federally required markings on tires is to provide consumers, in a straightforward manner, with technical information necessary for the safe use and operation of the tire. The agency concluded that it was inappropriate to permit a marketing technique that was confusing many consumers to defeat the purpose of the required markings on tires. Accordingly, dual-size markings were expressly prohibited for passenger car tires subject to Standard No. 109; 36 FR 1195, January 26, 1971.
While Standard No. 119 does not expressly prohibit dual-size markings, section S6.5(c) uses the singular when it refers to the "tire size designation" to be labeled on the tire. Considering the past history associated with dual-size markings, this agency interprets section S6.5(c) of Standard No. 119 as prohibiting a manufacturer from marking a tire with two different size designations, even if a document or publication designated in S5.1 were to show two different size designations for the same tire size.
The tire size marking at issue in the Michelin interpretation differs from your proposed marking in that it did not include the word "replaces." You stated the following:
In the case at hand, the metric size tires are dimensionally equivalent to the sizes being replaced, and have equal or greater load capacity. There is bona fide intent that the replacement sizes will in due course supersede the replaced sizes in terms of production and marketing. We wish to emphasize that the markings in question are not intended as an effort by Goodyear to persuade consumers to change the size and/or type of tires mounted on their vehicles.
As indicated in our letter to Michelin, the only purpose of the Federally required markings on tires is to provide consumers, in a straightforward manner, with technical information necessary for the safe use and operation of the tire. Any practice of using dual-size markings has the potential for confusing consumers about the size of the tire on their vehicle, since consumers may erroneously believe that a particular tire can be considered as meeting fully the criteria of more than one tire size designation. For example, a consumer seeing a tire marking that size A replaces size B might erroneously believe that it is appropriate to replace size A with size B.
You cited a l974 notice of proposed rulemaking (NPRM) for Standard No. l09 which stated that NHTSA believed that the providing of replacement size information on the tire itself was advantageous to consumers. See 39 FR l0l62.
I would note several things about the background and subsequent history of that NPRM. The NPRM indicated that despite the clear language in Standard No. l09 that each tire must be labeled with "one size designation, except that equivalent inch and metric size designations may be used," NHTSA had previously taken the position [in interpretation letters] that replacement markings constituted an exception to this requirement. (Emphasis added.) The interpretation letters had not offered any basis for concluding that this exception existed. (See June 8, l97l letter to Mercedes-Benz; January l9, l972 letter to Kelly-Springfield; March 2, l973 letter to Samperit.)
The NPRM sought to "clarify the labeling requirements of Standard No. l09, to allow, subject to certain conditions, the labeling of replacement tire size designations." However, the NPRM was not adopted as a final rule. We also note that while the l97l-72 interpretation letters cited above do not appear to have been expressly overruled, our February 7, l980 interpretation letter to Michelin (copy enclosed) concluded that Standard No. l09 prohibited replacement markings.
NHTSA has never interpreted Standard No. ll9 to permit any type of dual size markings, including replacement markings. Based on the reasoning presented in our July 9, l987 interpretation letter to Michelin, and the additional discussion presented above, we conclude that Standard No. ll9 prohibits a manufacturer from marking a tire with two different size designations, even if the word "replaces" is used.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure ref:l09#ll9 d:1/7/88