Interpretation ID: nht89-2.25

TYPE: INTERPRETATION-NHTSA

DATE: JUNE 29, 1989

FROM: SUSAN BIRENBAUM -- ACTING GENERAL COUNSEL, U.S. 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 2-1-90 TO STEPHEN WOOD FROM SUSAN BIRENBAUM AND LETTER DATED 10-12-89 TO STEPHEN WOOD FROM DAVID SCHMELTZER TEXT:

I am writing to request your assistance in determining whether a product manufactured by Nationwide Industries, Inc., and marketed under the brand names "SNAP fix-a-flat FOR PICK-UP TRUCKS," "SNAP fix-a-flat," and "SNAP super fix-a-flat" is an item of "m otor vehicle equipment" as that term is defined by section 102(4) of the National Traffic and Motor Vehicle Act (15 U.S.C. SS 1391(4)). Section 3(a)(1)(C) of the Consumer Product Safety Act (CPSA) (15 U.S.C. SS 2052(a)(1)(C)) excludes "Motor vehicle equ ipment from those "consumer products" which are subject to the authority of the Consumer Product Safety Commission under the CPSA.

The product in question is sold for inflating and temporarily repairing flat tires. It consists of a container which holds liquid latex and a propellant of pressurized gas. Photographs of the containers and the labeling of the product are enclosed.

As stated on the labels, the propellant gas used for this product is extremely flammable. The Consumer Product Safety Commission has received reports of deaths and serious injuries associated with ignition of the gas from this product contained in tires which were being repaired, usually at a garage or service station. In all but one instance known to the Commission, the person injured was a mechanic or other employee of a repair facility and not the owner of the tire being repaired.

Although the product appears to be intended primarily for use with cars and trucks, the labeling on some containers suggests that the product could be used on tires of bicycles, tractors, and off-road all-terrain vehicles. See photographs A3, C1, C3, D1 , D2, and D3.

Section 6(b) of the CPSA (15 U.S.C. SS 2055(b)), requires that before the Commission may release information about a product identified by manufacturer, it must first provide the manufacturer of the product with a summary of the information and an opport unity to comment on its accuracy. However, section 29(e) of the CPSA (15 U.S.C. SS 2078(e)) authorizes the Commission to provide information about products to other agencies of the Federal Government without having followed the procedure required by sec tion 6(b), provided that the agency receiving the information does not disclose it to the general public.

The information in this letter about the product under consideration is subject to the provisions of section 6(b) of the CPSA. The Commission has not provided the manufacturer with either a summary of this

information or the opportunity to comment on its accuracy. For this reason, I request your assistance in not disclosing it to the general public.

If you need additional information about this inquiry, please call Allen F. Brauninger of this office at 492-6980.

Thank you for your assistance with this matter.

Enclosures