Interpretation ID: aiam1181
Director
Tire Retreading Institute
1343 L Street
N.W.
Washington
D.C. 20005;
Dear Mr. Taft: 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 casing having damaged bead wire, you state that the standard contains a 'loophole' because it prohibits the retreading of casings having 'exposed' bead, but it 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. S1402) 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 conforms 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 labe containing the items of consumer information required pursuant to S6.3.1) to be placed on the tread area of the tire. The NHTSA responds 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'. 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, Robert. L. Carter, Associate Administrator, Motor Vehicl Programs;