Interpretation ID: 77-2.13

TYPE: INTERPRETATION-NHTSA

DATE: 04/18/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: D. T. Schellhase

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 17, 1977, letter inquiring whether you may inlay whitewall rings on black tires. You state that in the process a groove is cut around the tire and a white compound is inserted into the groove.

Assuming that you are discussing applying this process to new passenger car tires, whether the process is permissible depends upon whether or not it adversely affects the tire's compliance with Motor Vehicle Safety Standard No. 109, New Pneumatic Tires, which prescribes performance requirements for all passenger car tires sold in the United States. A copy of the standard is enclosed.

If after using the process the tire will not comply with Standard No. 109, the use of the process is prohibited, and its use can result in the imposition of civil penalties of up to $ 1,000 per tire and of other sanctions as well (15 U.S.C. 1397 (a) (1), 1398, 1399). In addition, it is the responsibility of the one who wishes to use the process to determine whether it will cause the tires to fail the standard.

SINCERELY,

February 23, 1977

David T. Schellhase

This is in response to your letter of February 17, 1977, concerning the manufacturing of tires.

I have forwarded your letter to the National Highway Traffic Safety Administration (NHTSA), an agency of this Department, which has regulatory jurisdiction over highway safety matters, including the establishment of safety standards, enforcement of standards, and the investigation of apparent defects in motor vehicles or automobile components.

You will hear from NHTSA directly.

(Miss) Antonia P. Uccello Director Office of Consumer Affairs

Feb. 17, 1977

Dear Sirs,

I have been refered to your office by the Highway Patrol. My question is this. I have been offered a business opportunity which consists of servicing car dealers and making whitewall tires out of existing blackwall tires on both new and used cars. This is done by a machine which cut a grove into the sidewall of the tire and then a white compound is flowed into the grove. My insurance agent told me that because of the cutting of the tire he could not write me business insurance. Is the alteration of tires like I have explained illegal, as I myself question weather the process may cause tire failure or a blow out. I would certainly appreciate, any information you could offer. Thank you!

David T. Schellhase