Interpretation ID: nht78-1.20

DATE: 04/24/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: The Goodyear Tire & Rubber Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 16, 1978, letter asking about the responsibility for compliance with the Federal motor vehicle safety standards when previously certified tires are modified by the addition of white sidewalls.

In your first question, you ask whether the person who modifies the tire must recertify it for compliance with safety requirements. The answer to your question is no. A modifier of a tire is not considered a manufacturer as that term is defined in the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.). A modifier's status is analagous to that of an alterer of a previously certified motor vehicle. However, unlike an alterer of a motor vehicle, there are no labeling or certification requirements for alterers of motor vehicle equipment. Persons who modify previously certified motor vehicle equipment are required to ensure that their modification does not render inoperative any device or element of design installed in compliance with a safety standard.

Since the modifier of previously certified motor vehicle tires has no labeling or certification requirements, the answer to your second question whether it would be required to obtain a manufacturer's identification code mark is no. Only a manufacturer or retreader of motor vehicle tires need obtain such identification marks.

In your final question, you ask who would be responsible for the registration of these modified tires. The original tire manufacturer would be required to conduct the tire

registration program. You assert that this might cause confusion in tire recalls since manufacturers might indicate that blackwall tires are being recalled when, in fact, some whitewalls would be included. Our regulation requires that tires be identified in a recall by their serial number. We are not aware of any instance where recalled tires have been additionally identified as "blackwall" by the manufacturers. Thus, although the problem you describe could conceivably occur, we at this time have no basis for viewing it as a real threat to effective recall campaigns.

Sincerely,

ATTACH.

The Goodyear Tire & Rubber Company

March 16, 1978

Joseph Levin, Esq -- Chief Counsel, National Highway Traffic & Safety Administration

Subject: Converting Blackwall Tires to Whitewall TIRE COSMOTOLOGY, INC 10920 Indian Trail - Suite 201 Dallas, Texas 75229

Dear Mr Levin:

The conversion of a new blackwall tire to whitewall prior to sale to the end consumer would appear to me to constitute a violation of the Safety Act of 1966 as amended, and non-compliance with FMVSS109 or 119 as the case may be, if the tire was not recertified after completing the whitewalling process. In addition it would appear to me that this procedure could and probably would result in frustration of the tire registration requirements in that, in the event of a recall, the tire in question would be identified by the manufacturer as a blackwall, whereas the consumer would have in his possession a whitewall. This problem becomes acute when the process is performed by an independent tire dealer or other organization not affiliated with or under the control of the tire manufacturer.

Attached is a copy of a Training Manual and other literature published by Tire Cosmotology, Inc explaining various of its procedures relating to several different conversion processes.

Aside from the legal and safety implications of these tire conversion processes, Goodyear has instructed its field organization that any Goodyear-brand tires altered or converted without our authorization and approval will not be eligible for adjustment consideration under our tire warranties.

The purpose of this letter is to ask for the NHTSA's official position on this subject. Specifically, we would like to know:

(1) If an independent tire dealer or other organization not affiliated with the tire manufacturer converts a new blackwall tire to a whitewall prior to sale to the end consumer, must that dealer or organization recertify such tire as meeting the applicable FMVSS?

(2) Must such dealer or organization acquire a manufacturer's identification code mark and apply it to the reprocessed tire? Would tire manufacturer's tire identification number have to be removed and a new number, including a new date code have to be applied?

(3) Whose responsibility is it after such reprocessing to comply with the NHTSA's tire registration requirements?

Please advise.

Sincerely, TOM CAINE -- Attorney, LAW DEPT.

Attachments

cc: Francis Armstrong -- Acting Director, Office of Vehicle Safety Compliance, National Highway Traffic & Safety Administration COSMO G-300

BASIC UNIT

TRAINING MANUAL

TIRE COSMOTOLOGY INC