Interpretation ID: 1983-2.31

TYPE: INTERPRETATION-NHTSA

DATE: 07/25/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: J-B Purchasing Corporation

TITLE: FMVSR INTERPRETATION

TEXT:

JUL 25 1983 NOA-30

Mr. Charles Jayne Tire Manager J-B Purchasing Corporation P.O. Box 692 Auburn, New York 13021

Dear Mr. Jayne:

This responds to your recent letter asking about the require-ments of 49 CFR Part 574, Tire Identification and Recordkeeping. You noted that your company currently retreads tires for its own use, and that you soon plan to retread tires for sale to others. You asked if the tires you retread for your own use need to be identified with a tire identification number. The answer is no.

Section 574.5 of the Tire Identification and Recordkeeping regulation provides, in part, that, "Each tire retreader, except tire retreaders who retread tires for their own use, shall conspicuously label one sidewall of each tire he retreads by permanently molding or branding into or onto the sidewall, ...a tire identification number...." Your question concerns a situation in which a tire retreader retreads some tires for his own use and some tires for sale or lease to others. To answer your question, it is helpful to examine the purpose of the identification requirement.

The purpose of having the tire identification number labeled on the sidewall of retreaded tires is twofold. First, it enables this agency and the user of the retreaded tire to identify the retreader of the tire in the event of some safety problem with the tire. Second, it enables the tire retreader to accurately identify the retreaded tires it may have to recall. In the case of tires offered for sale or use outside your company, it is plain that both these purposes would be served by haviny the tire identification number on the sidewall. Therefore, part 574 requires that each such tire have a tire identification number on one sidewall.

However, with respect to tires retreaded for the retreaders own use, it is obvious who retreaded the tire, whether or not a tire identification number appears on the sidewall. Hence, the first purpose listed above would not be served by having the tire identification number on the sidewall of these tires. Further, the retreader can inspect all of the retreaded tires it uses to determine if any are subject to its recall, and assure adequate remedy for those which are within the recall, and without publicizing the identification numbers of those tires. Thus, the second purpose set forth above also would not be furthered by having the tire identification number on the sidewall of these tires. Please note, however, that any tire not marked with a tire identification number can never legally be sold or otherwise offered for use outside of your company.

Should you have any further questions or need additional information about this topic, please contact Steve Kratzke of my staff at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

June 6, 1983

Office of Chief Council Mr. Frank Berndt National Highway Traffic Safety Administration 400 7th Street S.W. Washington, D.C. 20590

Dear Mr. Berndt:

J-B Purchasing Corporation is a corporation owned by the sole owner of Red Star Express of Auburn, New York.

J-B Purchasing was formed about 15 years ago for purchasing of parts and tires for the Red Star System. Because in many cases a supplier cannot sell direct to a user, internally J-B Purchasing sells the tires and parts back to Red Star.

Currently everything we are recapping is for our own use. However, in the very near future, we plan to sell on the outside.

My question is this, do the tires recapped by J-B Purchasing and used within our own system need to be identified with the DOT identification?

Very truly yours,

J-B PURCHASING CORPORATION Charles Jayne Tire Manager CJ/rb

cc: Mr. Frank Armstrong Office of Vehicle Safety Compliance