Interpretation ID: nht88-4.13

TYPE: INTERPRETATION-NHTSA

DATE: 11/23/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: T. J. BROWN, GENERAL MANAGER, PRODUCT SERVICES, MOHAWK TIRE COMPANY

TITLE: NONE

ATTACHMT: LETTER DATED 10-20-87 TO ERIKA Z. JONES, NHTSA, FROM T. J. BROWN, MOHAWK TIRE COMPANY; OCC1178

TEXT: This responds to your letter requesting an opinion concerning Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires. According to your letter, you are considering purchasing for resale a group of metric size tires from a foreign manufacture r. The maximum load and maximum pressures molded on the sidewalls of the tires are indicated in kilograms and kilopascals only, without any indication of the maximum pounds and PSI pressure. The actual stamping on the tires is as follows: Maximum Load 530kgs 165SR15 Load Range B - Maximum Pressure 230 KPA Maximum Load 600kgs 185SR14 Load Range B - Maximum Pressure 230 KPA Maximum Load 560kgs 175SR14 Load Range B - Maximum Pressure 230 KPA Maximum Load 475kgs 165SR13 Load Range B - Maximum Pressure 230 KPA Maximum Load 420kgs 155SR13 Load Range B - Maximum Pressure 220 KPA

You stated that you question whether the omission of the load designation and pressure in pounds prohibits the tires from being sold in the United States and requested our opinion on the matter. As discussed below, it is our opinion that tires without t he maximum load and maximum pressures molded on the sidewalls in English units do not meet the requirements of Standard No. 109 and therefore cannot be imported into the United States for use on passenger cars.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

All tires imported into the United States for use on passenger cars must be certified as complying with Federal Motor Vehicle Safety Standard No. 109. The standard specifies performance requirements (strength, endurance, high speed, and resistance to be ad unseating), marking requirements (treadwear indicators and labeling information), and tire

and rim matching information requirements which must be satisfied by each tire sold in the United States.

Section S4.2.1(b) of Standard No. 109 requires that the maximum permissible inflation pressure of each tire "shall be either 32, 36, 40 or 60 psi, or 240, 280, 300 or 340 kPa." Thus, no value other than those listed may be used for the maximum permissibl e inflation pressure of a passenger car tire. Sections S4.3(b) and (c) of the standard specify that each tire shall have permanently molded onto the sidewalls the maximum permissible inflation pressure and the maximum load rating for the tire.

Section S4.2.1(b) originally listed only three permissible maximum inflation pressures, all in English units (32, 36 and 40 psi). The agency interpreted sections S4.3(b) and (c) to require that the maximum permissible inflation pressure and maximum load rating be in English units, since this is the system of measurement which will be used and understood by most consumers.

The first permissible metric maximum inflation pressures, 240 and 280 kPa, were added to Standard No. 109 in 1977. 42 FR 12869, March 7, 1977. In permitting metric-series tires, the agency established a requirement that the metric unit inflation pressu re and load rating be supplemented by English system equivalents on the tire sidewall. That requirement, set forth in section S4.3.4, now reads as follows:

S4.3.4 If the maximum inflation pressure of a tire is 240, 280, 300 or 340 kPa, then:

(a) Each marking of that inflation pressure pursuant to S4.3(b) shall be followed in parenthesis by the equivalent inflation pressure in psi, rounded to the next whole number; and

(b) Each marking of the tire's maximum load rating pursuant to S4.3(b) shall be followed in parenthesis by the equivalent load rating in pounds, rounded to the nearest whole number.

Thus, each tire must have a maximum inflation pressure of either 32 psi, 36 psi, 40 psi, 60 psi, 240 kPa, 280 kPa, 300 or 340 kPa. If the maximum inflation pressure is 32 psi, 36 psi, 40 psi, or 60 psi, the maximum permissible inflation pressure and max imum load rating provided pursuant to sections S4.3(b) and (c) must be in English units. I would note that so long as the information appears in English units, there is no reason that it cannot also be expressed in equivalent metric units, if the presen tation of the additional information does not cause confusion about the required information. If the maximum permissible inflation pressure is 240 kPa, 280 kPa, 300 or 340 kPa, the maximum permissible inflation pressure in kPa provided pursuant to secti on S4.3(b) must be followed in parenthesis by the equivalent inflation pressure in psi, rounded to the next higher whole number, and the maximum load rating provided pursuant to section S4.3(c) in kilograms must be followed in parenthesis by the equivale nt load rating in pounds, rounded to the nearest whole number.

Since the tires you are considering purchasing do not have the maximum load and maximum pressures molded on the sidewalls in English units, they do not meet the requirements of Standard No. 109 and may not be imported into the United States for use on pa ssenger cars. I have also enclosed for your information a copy of a December 12, 1985, letter, addressed to Mutual Trading Corporation, which provides a general discussion of issues related to the importation and sale of tires in the United States.

Enclosures