Interpretation ID: nht88-1.20
TYPE: INTERPRETATION-NHTSA
DATE: 01/28/88
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Frank S. Perkin -- Assistant General Counsel, The Budd Company
TITLE: FMVSS INTERPRETATION
ATTACHMT: 9/22/86 letter from Erika Z. Jones to Steven R. Taylor; 2/7/83 letter from Frank Berndt to H.J. Lindekugel
TEXT:
Frank. S. Perkin, Esq. Assistant General Counsel The Budd Company Law Department 3155 West Big Beaver Road Box 2601 Troy, Michigan 48084
This responds to your letter expressing concern about a statement in one of our interpretation letters, which you believe could be read as condoning the practice of rebuilding wheels by processes which include heading and welding. As discussed below, our letter's reference to remanufacturing wheels was made only to serve as an illustrative example. and was not intended to address either the safety of such processes or the relevant regulations of other Federal agencies.
The interpretation letter in question is one that we sent on September 22, 1986, to Steven R. Taylor, responding to a request concerning regulations that apply to manufacturers of reconditioned brake drums. The letter included the following paragraph:
NHTSA has in the past considered the issue of what types of operation; bake a person a manufacturer with respect to retreaded tire; and remanufactured wheels. A person who retreads tires is considered to be a manufacturer under the Vehicle Safety Act. Th e retreading process involves significant manufacturing operations, which do not differ substantially from those of manufacturing new tires. By contrast, a person who remanufactures wheels is not considered to be a manufacturer under the Vehicle Safety A ct. The process of remanufacturing wheels consists of such things as straightening, re-welding parts, and repairing cracks by welding. These types of actions are not significant manufacturing operations, but instead are the type of operations commonly pe rformed in repair shops.
You stated that all of the things mentioned in our letter, i.e., straightening, re-welding parts and repairing cracks by welding, are specifically prohibited by the OSHA standard applicable to truck wheels, both multi and single piece. You also stated th at the "out of service" criteria adopted by the Bureau of Motor Carrier Safety mandate that a vehicle be placed out of service if welded repairs are found on certain disc wheels. According to your letter, any significant changes made after the manufactur e of a steel truck wheel, especially involving bending, heating or welding, carry a significant risk of rendering the wheel unsafe.
As is indicated from the context of our September 22, 1986 interpretation letter, the reference to remanufacturing wheels was made solely for the purpose of providing an illustrative example and was not intended to address either the safety of such proce sses or their permissibility or impermissibility under the relevant regulations of other Federal agencies. I would note that NHTSA has long taken the position that remanufactured wheels are considered to be used wheels instead of new wheels for purposes of Federal motor vehicle safety standards. See, for example, our November 28, 1973 letter addressed to Mr. L. Clinton Rich and February 7, 1983 letter to Mr. H. J. Lindekugel (copies enclosed). Again, however, these letters do not purport to address the safety of remanufacturing wheels or the relevant regulations of other Federal agencies.
We appreciate your bringing to our attention your concern about the safety of remanufactured wheels. Copies of this correspondence are being placed in the public docket.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosures
Erika Z. Jones Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation Washington. D.C.
Dear Ms Jones:
Reference is made to a letter you wrote to Steven Taylor dated Sept. 22, 1986, which was distributed by the TTMA to its members. A copy is enclosed for your convenience.
The Budd Company, as a wheel manufacturer. is seriously concerned by a comment in the next to last paragraph of your letter which could be read as condoning the practice of rebuilding wheels by processes which include heating and welding same.
While I am sure that this was not your intent, I believe it is appropriate to note that all of the things mentioned in your letter, i.e. straightening, re-welding parts and repairing cracks by welding, are specifically prohibited by the OSHA standard app licable to truck wheels, both multi and single piece. See 29 CFR 1910. I further note that the "out of service" criteria adopted by the Bureau of Motor Carrier Safety of the DOT mandate that a vehicle be placed out of service if welded repairs are found on certain disc wheels.
The basis for all of this is that the manufacture of a steel truck wheel is a complex process involving carefully calculated cold forming of its components to produce the required strength, followed by controlled welding or other joining processes, I fol lowed again by elaborate testing to verify the integrity and efficacy of the final product. Any significant changes made later, especially involving bending, heating or welding carry a significant risk of rendering the wheel unsafe.
For the above reasons I hope you will consider advising anyone who may have received the referenced or any similar letter from your agency that such practices are not condoned and may be unlawful. Very truly yours
Frank S. Perkin Asst. General Counsel
cc: Truck Trailer Mfgrs Assn 1020 Princess St Alexandria Va 22314