Interpretation ID: nht73-4.36

DATE: 07/20/73

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: Tire Retreading Institute

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 12, 1973, to Dr. Ed Wallace, concerning Standard No. 117, Retreaded Pneumatic Tires. In your letter you suggest the following: that the standard be amended to prohibit the retreading of casings having "damaged bead wire", that labels be allowed to be placed on any portion of the completed tire, and that the required labeling, "bias/belted", be changed to allow the labeling of the word "belted".

With respect to your request to prohibit the retreading of casings having damaged bead wire, you state that the standard contains a "loophole" because it prohibits the retreading of casings having "exposed" bead, but does not prohibit the retreading of casings having "damaged" bead. We do not agree that this is a loophole, even though the standard has no explicit prohibition along those lines. The retreading of a casing that is damaged in any significant way would constitute the manufacturing of a defective tire, and the manufacturing retreader would be subject to the defect notification provisions (Section 113; 15 U.S.C. @ 1402) of the National Traffic and Motor Vehicle Safety Act. It is true that the explicit prohibitions of the standard offer clearer guidance than the defect provisions. The problem is that "damage" is too vague a concept to define a tire condition -- in fact, it really is little more than a synonym for defective. We would give serious consideration, however, to a petition listing specific bead conditions which you believe should be the subject of new requirements in the standard. You should also note that damages caused by a defective tire, although it conformed to Standard No. 117, could still subject its manufacturer to civil liability in a private action (15 U.S.C. 1397(c)).

You further request that we allow the label (presumably the label containing the items of consumer information required pursuant to S6.3.1) to be placed on the tread area of the tire. The NHTSA responded to this request in the notice responding to petitions for reconsideration published July 15, 1972. In that issuance we stated our position that affixing the label to the sidewall would more likely ensure that the label would be retained on the tire until its installation on a vehicle. We also indicated that the standard did not prohibit the placing of an additional label on the tread, which location, it was argued, facilitated storage.

Your final request is that the requirement that the words "bias/belted" be labeled onto that type of tires be amended to require only the word "belted". You indicate that most new tire manufacturers use the word "belted". The NHTSA does not believe the word "belted" to be sufficiently explicit, as radial tires are also "belted" and the possibility of confusion is quite obvious. However, we are aware that Standard No. 109 does not require the labeling of the words "bias/belted", and we plan to take steps with respect to Standard No. 117 so that no additional labeling will be required for a retreaded tire that retains its original casing labeling.

Sincerely,

TIRE RETREADING INSTITUTE

June 12, 1973

Ed Wallace National Highway Traffic Safety Administration

While we recognize that Federal Motor Vehicle Standard 117 has only been in effect a few days, we have already come across a few problems as presented to us by our members. One of the problems does have a safety related consideration and we believe it should be acted upon immediately. Two other suggestions are more in the way of an administrative change to 117 and while they should be accomplished as soon as possible, they are not quite as urgent as the safety related item.

The safety related item would be an addition to paragraph S5.2.1. A new sub-paragraph (b) should be added, with these words: "On which a bead wire is damaged." The reason for this suggestion is that we have found some retreaders who are looking a little too closely at the actual wording of the regulation and not following commonly accepted practices of good inspection. A few retreaders are accepting for retreading casings having a damaged bead, yet the bead is not exposed. The suggested change will close that loophole.

The second change we recommend is that the wording with regard to the placement of the label be modified to permit the placing of the label on any outside portion of the completed tire. The reason for this request is that no matter where the label is placed, it disappears soon after the tire is mounted on a vehicle. Standard practice finds any affixed label serves its intended uses best when placed on the tread area.

A third suggestion is one we have noted before. This concerns differences in the labelling requirements in Standard 109 as compared to Standard 117. I refer specifically to the words "bias belted" which appear in 117 and do not appear in 109. We believe one standard or the other should be changed to correspond with what we actually find on a tire. As you know, many manufacturers of bias belted tires indicate that fact by using the word "belted" even thought it is not required by Standard 109.

We believe the above changes could be accomplished administratively without the necessity of going through the normal procedure for changes to the regulations.

Philip H. Taft Director