Interpretation ID: nht90-1.34

TYPE: INTERPRETATION-NHTSA

DATE: FEBRUARY 1, 1990

FROM: SUSAN BIRENBAUM -- ACTING GENERAL COUNSEL, UNITES STATES CONSUMER PRODUCT SAFETY COMMISSION TO: STEPHEN WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 5-25-90 TO SUSAN BIRENBAUM FROM STEPHEN P. WOOD (A35; VSA 102(4)); ALSO ATTACHED TO LETTER DATED 10-12-89 TO STEPHEN WOOD FROM DAVID SCHMELTZER, U.S. CONSUMER PRODUCT SAFETY COMMISSION, AND LETTER DATED 6-29-89 TO STEPHEN WOOD FROM SUSAN BIRENBAUM. TEXT:

On July 29, 1989, the Consumer Product Safety Commission's Office of General Counsel wrote to your office seeking an opinion as to whether aerosol tire inflator/sealer sold to consumers is an item of "motor vehicle equipment" as that term is defined by t he National Traffic and Motor Vehicle Act. Our Office of General Counsel renewed the request in October. To date we have received no response.

This letter is to advise you that the Commission's Directorate for Compliance and Administrative Litigation is continuing to investigate manufacturers and sellers of this type of product. We have learned of several deaths and serious injuries resulting from the ignition of the gas from these aerosol products contained in tires that were being repaired. The injured and dead include mechanics (or other employees of a repair facility) as well as consumers.

As we investigate this product area, we are encouraging makers and sellers to seek alternate, non-flammable propellants in their tire sealing products. We are attempting to address the potential substantial product hazard we have identified as expeditio usly as possible. This is appropriate in view of our preliminary assessment of the extremely serious risk of injury to consumers using these aerosol products.

This office will seek voluntary corrective action plans from makers and sellers of the various products as the facts show to be appropriate. If voluntary action is not obtained where needed, we will consider the enforcement options available to seek to c ompel corrective measures.

If you need additional information about the product under consideration or any other aspect of this inquiry, please call Allen F. Brauninger of this office at 492-6980.

Thanks again for your assistance with this matter.