Interpretation ID: nht81-2.44

DATE: 07/07/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Burlington Industries, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent request for an interpretation of Federal Motor Vehcile Safety Standard No. 117 (49 CFR @ 571.117). Specifically, you asked if the addition of "edger fabric strips", pursuant to a process covered by U.S. Patent 4,196,764, would violate the prohibition in section S5.2.2(b) of Standard No. 117 against adding belts to retreaded passenger car tires.

The described process is prohibited by section S5,2.2(b), because it is clearly adding a belt to the tire.

In the abstract of the subject patent, which you included in your request for an interpretation, is the following statement: "The invention relates to the use of reinforcing cords associated with the pneumatic tire . . ., and the method of applying such reinforcing cords woven in a warp and weft relationship cut in a bias shape to form a belt . . . ." Similarly, in the Detailed Description of the Preferred Embodiments section of the patent, Section 3 begins, "The essence of my invention is achieved by providing an extra belt . . . ." Hence, the patent itself states that this process involves the addition of a belt to retread tires. Such an addition is expressly forbidden by section S5.2.2(b) of Stanard 117; "No retreaded tire shall be manufactured with a casing on which a belt or ply, or part thereof, is added or replaced during processing."

Your letter stated that this edger fabric should not be considered a belt for purposes of the Standard, because the addition of the edger makes a retreaded tire safer and longer lasting. While you may be correct concerning the performance of "edger fabric," the Standard as currently written does not permit its use. If you wish, however, you may file a petition for rulemaking requesting this agency to amend Standard 117 to permit the addition of a belt such as edger fabric by following the requirements set forth in 49 CFR Part 552 (copy enclosed). If you choose to do so, please include all data showing that the addition of this extra belt makes the retreaded tire safer, and that the edger fabric belt would be compatable with the existing cords of the casing that is used.

Finally, let me point out that Standard 117 applies only to retreaded passenger car tires. There is no safety standard applicable to retreaded tires for vehicles other than passenger cars, and the use of this patented process on those tires would not violate any requirements of this agency.

Mr. Hugh Oates of my staff sends his regards.

ENC.

May 1, 1981

Office of Chief Counsel National Highway Traffic and Safety Administration Attention: Stephen Kratzke

Re: NHTSA Standard No. 117 - Retreaded Pneumatic Tires

Dear Sirs:

Upon suggestion by Mr. Stephen Kratzke, I am writing to request an interpretation of NHTSA Standard No. 117 relating to retreaded pneumatic passenger car tires. In particular I would appreciate a written opinion as to whether S 5.2.2(b) of the Standard would apply to a retreading process by which the tire was stripped and a recap containing "edger" fabric molded therein then bonded to the carcass. For your better understanding, please note that "edger" fabric is a narrow strip of fabric positioned on each side or shoulder of the recap around the entire perimeter of the tire. The strips are intended and believed to aid in the prevention of steel belts "turning up" and rendering the recapped tire unsafe.

A careful reading of Standard No. 117 convinces me that "edger" fabric strips which are molded into the retread prior to the retread being secured to the casing is not addition or replacement of a belt or ply to the casing as contemplated by Standard 117. In fact, the purpose of the "edger" fabric is entirely consistent with the purpose of Standard 117 in that it is intended to make a retreaded steel belted tire safer and longer lasting than if the fabric were not incorporated into the recap. To hold that the "edger" fabric falls within the language and intended scope of Standard 117 would therefore run counter to the purpose and policy considerations behind the Standard.

In order that you may more fully understand the nature of the recapping process utilizing an "edger" fabric incorporated into the recap, I have attached hereto a copy of a U.S. patent generally directed to the process and highlighted some of the more pertinent portions. I hope that the above is sufficient for full understanding of our request, but please do not hesitate to call me at (919) 379-4517 if I may offer further explanation.

We respectfully solicit an expeditious opinion on this matter and thank you for your assistance to us.

Richard E. Jenkins Assistant Patent Counsel

ATTCH.