Interpretation ID: 86-5.8
TYPE: INTERPRETATION-NHTSA
DATE: 09/02/86
FROM: AUTHOR UNAVAILABLE; Stephen P. Wood for Erika Z. Jones; NHTSA
TO: Mr. Andrew A Kroll
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Andrew A. Kroll 1401 East Girard, 1270 Englewood, Colorado 80110
Dear Mr. Kroll:
This responds to your letter requesting an interpretation of Standard 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 "this standard applies to new pneumatic tires for use on passenger cars manufactured after 1948." In section S3 of the standard, the term "pneumatic tire" is defined as "a mechanical 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 do not meet its requirements. Thus, it would be a violation of Standard No. 110 for any new passenger car to be equipped with foam-filled tires as original equipment.
You should also recognize that, even though foam-filled tires are not subject to Standard No. 109, they are still "items 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 calendar years before the determination of defect was made.
If you have any further questions on this subject or need more information, please contact Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.
Sincerely,
Erika Z. Jones Chief Counsel
Andrew A. Kroll 1401 East Girard, #270 Englewood, Colorado 80110 (303) 761-9227
23 April 1986
Ms. Erika Jones Chief Counsel National Highway Traffic Safety Administration 400 7th Street, SW Washington, D.C. 20590
Dear Chief Counsel Jones,
I am requesting an interpretation of the "Code of Federal Regulation" (No. 49) Part 571, Standard 109. Presently, the standard states that a specified air pressure must be in an automotive or truck tire for on road usage. What then is the legal status of foam filled tires without any air in the inner tire cavity. These tires are in use on heavy industrial machinery, and would have security applications for automobiles.
I would very much appreciate an interpretation of this standard on how it pertains to foam filled or solid tires for on road usage.
Thank you very much for your time. I hope to hear from you soon.
Sincerely,
Andrew A. Kroll