1982-3.33 | NHTSA

TYPE: INTERPRETATION-NHTSA

DATE: 12/14/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Transamerica Transportation Services Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your recent letter to Mr. Kratzke of my staff, in which you requested information on any requirements concerning the use of imported casings for regrooving and imported casings for retreading. When retreaded or regrooved, these tires would be used on your company's trailers ("intermodel piggyback equipment"). Following are the answers to the four questions in your letter.

(1) May tires be imported for regrooving and, if so, are there any conditions necessary, such as DOT number or "regroovable tire" parking on the casing? To answer your question about importing tires for regrooving, it is necessary to explain the conditions under which tires may be imported for retreading. For your information, I have enclosed a copy of a June 18, 1981 letter I sent to the National Tire Dealers & Retreaders Association, which sets forth the conditions under which used casings may legally be imported into the United States for purposes of retreading. The letter explains that tires with less than 2/32 inch of remaining tread which are imported solely so that they can be retreaded are not considered "items of motor vehicle equipment," within the meaning of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1381 et seq.). Therefore, the DOT certification symbol need not appear on the sidewall of these casings.

Further, there is no NHTSA standard applicable to retreaded tires for use on motor vehicles other than passenger cars. Hence, there are not requirements which the imported tires must meet in order to be retreaded or after they are retreaded.

The same reasoning set forth above regarding casings to be retreaded would apply to casings imported for regrooving. Thus, no DOT certification symbol would be required to appear on the sidewall of the casings in order for the tires to be imported.

There is, however, an important distinction between retreaded tires (not for use on a passenger car) and regrooved tires. While the former are not subject to any NHTSA regulations, the latter are subject to the requirements of 49 CFR Part 569, Regrooved Tires (copy enclosed). That regulation specifies that the only tires which may be regrooved are those which are marked "regroovable" on both sidewalls by the manufacturer (or retreader) (@ 569.9), and sets forth certain requirements which the tire must meet after regrooving (@ 569.7(a)(2)). Any tire not marked with the word "regroovable" on both sidewalls cannot legally be regrooved, so all casings imported for regrooving are required to have this marking.

Hence, there are three conditions which must be met by all casings imported for regrooving. These are: (a) the actual tread pattern remaining on the casing must be less than 2/32 of an inch deep;

(b) the casing must be imported solely for regrooving, and will not be used or sold "as is"; and

If you require further information on the actual mechanics of clearing these casings through customs, and the applicable duties, I suggest you contact Mr. Harrison Feese, U. S. Customs Service, Room 4119, 1301 Constitution Avenue, N.W., Washington, D.C. 20229. Mr. Feese's telephone number is (202) 566-8651.

(2) If regroovable imported tires are legal, are there any limitations on the types of trailers they may be put on, that is, original or used equipment? Yes, there are limitations on the installation of regrooved tires. This agency's regulations apply only to new vehicles, so they are applicable to the use of regrooved tires as original equipment on new trailers. Specifically, Federal Motor Vehicle Safety Standard No. 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars (49 CFR @ 571.120), (copy enclosed) applies to all new trailers. Section S5.1 of that standard sets forth the tire and rim selection requirements applicable to new trailers equipped with pneumatic tires for highway service. For the manufacturer to install regrooved tires on a new trailer, section S5.1.3 specifies that three conditions must be satisfied. These are:

(a) the regrooved tires to be installed must be owned or leased by the purchaser;

(b) the sum of the maximum load ratings of the tires on each axle must be not less than the gross axle weight rating of that axle; and

(c) the regrooved tires must have a DOT certification symbol on the sidewall to show that the tire, when new, was certified as complying with Standard No. 119, New Pneumatic Tires for Motor Vehicles Other Than Passenger Cars. This third condition arises because regrooved tires are considered "used tires" within the meaning of section S5.1.3.

The third condition just mentioned makes it unlikely that regrooved tires produced from imported casings could be mounted by a trailer manufacturer on a new trailer, because those casings are unlikely to have a DOT certification symbol on the sidewall. Please note, however, that Standard No. 120 applies only to trailers which are equipped with tires for highway service. Your company, as a purchaser, is free to order the new trailer delivered to you without any tires installed. The purchaser is then free to install any tires he may choose, without violating this agency's requirements.

Regarding your question about limitations on the use of regrooved tires on used trailers, that area is not regulated by this agency. However, the Bureau of Motor Carrier Safety of the Federal Highway Administration has issued an applicable regulation for equipment used in interstate commerce. For your information, I have enclosed a copy of 49 CFR @ 393.75, which sets forth the requirements for tires used in interstate commerce. This regulation prohibits the use of regrooved tires above a certain load-carrying capacity on the front wheels of trucks and truck tractors, but it does not appear to prohibit the use of regrooved tires on trailers. You may want to check with Mr. Kenneth L. Pierson, Director, Bureau of Motor Carrier Safety, Federal Highway Administration, Washington, D.C. 20590, to confirm that regrooved tires may be mounted on trailers to be used in interstate commerce.

(3) Are there any restrictions on the type of equipment capped foreign casings can be put on? The same provisions set forth above regulating the use of regrooved tires on new and used equipment are applicable for determining whether retreaded tires may be mounted on new and used equipment. For the manufacturer to install retreaded tires on a new trailer, section S5.1.3 sets forth two conditions which must be satisfied. These are:

(a) the retreaded tires to be installed must be owned or leased by the purchaser; and

(b) The sum of the maximum load ratings of the retreaded tires on each axle must be not less than the gross axle weight rating of that axle.

You will notice that retreaded tires to be used on new equipment do not have to meet the third condition specified above for the use of regrooved tires, i.e., retreaded tires are not required to have a DOT certification symbol on the sidewall. The reason retreaded tires are not required to meet this condition is that NHTSA has interpreted the term "used tires" in section S5.1.3 of Standard No. 120 as not including retreaded tires.

Regarding the use of retreaded tires on used equipment to be employed in interstate commerce, the Bureau of Motor Carrier Safety does not appear to have any restrictions on the use of retreaded tires on trailers. The general restrictions that the sum of the load ratings of the tires mounted on an axle be at least equal to the load on the axle applies regardless of whether the tires are new, retreaded, or regrooved (49 CFR @ 393.75(f)(2)). Again, you may want to confirm this with that agency.

(4) Are there structural or physical (marking) requirements on foreign casings imported for recapping? As noted in response to your first question, there is no requirement that casings imported for retreading have a DOT symbol on the sidewall. Further, since there is no NHTSA standard applicable to the retreading of these tires, there are no structural requirements which the casings must satisfy. I would, however, urge your company to take all reasonable steps to assure the structural integrity of any casings which are imported for retreading for your company.

After the casing has been retreaded, 49 CFR Part 574.5 (copy enclosed) requires that the retreader of the imported casing put its identification number on the sidewall of each tire it retreads. This permits the agency to identify the retreader of the tire should that be necessary. The identification number need not appear on tires which are retreaded solely for the retreader's own use, since it is obvious who retreaded those tires.

You should note that the Bureau of Motor Carrier Safety prohibits retreaded tires without load markings from being mounted on the front wheels of trucks used in interstate commerce, except for two particular types of vehicles. Again, if you have any further questions as to that agency's regulations concerning the use of retreaded tires, you should contact that agency directly.

I would be happy to help if you have any further questions or need more information on this subject.

ENCLS.

Transamerica Transportation Services Inc

November 8, 1982

Stephen Kratzke U.S. Department of Transportation National Highway Traffic Safety Administration

Dear Mr. Kratzke:

Transamerica Transportation Services is the largest lessor of intermodal piggyback equipment and, as such, purchases a large number of tires for the equipment.

We have been recently looking into the feasibility of using recapped Japanese casings and regrooved Japanese casings on our equipment and it seems the more people we talk to concerning the legality of these tires, the more varied opinions we receive. Specifically, we are looking for the answers to the following questions and we would appreciate your opinions, be they legal or otherwise, and any pertinent DOT laws:

1. May tires be imported for regrooving and, if so, are there any conditions necessary such as DOT number or "regroovable tire" marking on the casing?

2. If regroovable imported tires are legal, are there any limitations on the type of trailers they may be put on, that is, original or used equipment?

3. Are there any restrictions on the type of equipment capped foreign casings can be put on?

4. Are there structural or physical (marking) requirements on foreign casings imported for capping?

Any information on these questions would be greatly appreciated.

Neil Mark Manager, Technical Services

Interpretation ID: 1982-3.33